Title 18 VAC — Professional and Occupational Licensing

Agency 5 Board of Accountancy

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

18VAC5-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Board of Accountancy. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-4403 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

18VAC5-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Board of Accountancy, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc advisory panel of interested parties established by an agency to consider issues that are controversial with the assistance of a facilitator or mediator, for the purpose of reaching a consensus in the development of a proposed regulatory action.

"Notification list" means a list used to notify persons pursuant to this chapter. Such a list may include an electronic list maintained through the Virginia Regulatory Town Hall or other list maintained by the agency.

"Open meeting" means any scheduled gathering of a unit of state government empowered by an agency's basic law to make regulations or decide cases, which is related to promulgating, amending or repealing a regulation.

"Person" means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulation" means any statement of general application having the force of law, affecting the rights or conduct of any person, adopted by the agency in accordance with the authority conferred on it by applicable laws.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

"Town Hall" means the Virginia Regulatory Town Hall, the website operated by the Virginia Department of Planning and Budget at www.townhall.virginia.gov, which has online public comment forums and displays information about regulatory meetings and regulatory actions under consideration in Virginia and sends this information to registered public users.

"Virginia Register" means the Virginia Register of Regulations, the publication that provides official legal notice of new, amended and repealed regulations of state agencies, which is published under the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-4403 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

Part II Notification of Interested Persons

18VAC5-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

B. Any person may request to be placed on a notification list by registering as a public user on the Town Hall or by making a request to the agency. Any person who requests to be placed on a notification list shall elect to be notified either by electronic means or through a postal carrier.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

D. When electronic mail is returned as undeliverable on multiple occasions at least 24 hours apart, that person may be deleted from the list. A single undeliverable message is insufficient cause to delete the person from the list.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

F. The agency may periodically request those persons on the notification list to indicate their desire to either continue to be notified electronically, receive documents through a postal carrier, or be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-4403 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

18VAC5-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 18VAC5-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-4403 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

Part III Public Participation Procedures

18VAC5-11-50 Public comment

A. In considering any nonemergency, nonexempt regulatory action, the agency shall afford interested persons an opportunity to submit data, views, and arguments, either orally or in writing, to the agency. Such opportunity to comment shall include an online public comment forum on the Town Hall.

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

D. If the Governor finds that one or more changes with substantial impact have been made to a proposed regulation, he may require the agency to provide an additional 30 calendar days to solicit additional public comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.

E. The agency shall send a draft of the agency's summary description of public comment to all public commenters on the proposed regulation at least five days before final adoption of the regulation pursuant to § 2.2-4012 E of the Code of Virginia.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-4403 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

18VAC5-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-4403 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

18VAC5-11-70 Appointment of regulatory advisory panel

A. The agency may appoint a regulatory advisory panel (RAP) to provide professional specialization or technical assistance when the agency determines that such expertise is necessary to address a specific regulatory issue or action or when individuals indicate an interest in working with the agency on a specific regulatory issue or action.

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-4403 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

18VAC5-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-4403 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

18VAC5-11-90 Meetings

Notice of any open meeting, including meetings of a RAP or NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth Calendar at least seven working days prior to the date of the meeting. The exception to this requirement is any meeting held in accordance with § 2.2-3707 D of the Code of Virginia allowing for contemporaneous notice to be provided to participants and the public.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-4403 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

18VAC5-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

D. Notice of any public hearing shall be posted on the Town Hall and Commonwealth Calendar at least seven working daysprior to the date of the hearing. The agency shall also notify those persons who requested a hearing under subdivision C 3 of this section.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-4403 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

18VAC5-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-4403 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

Agency 10 Board For Architects, Professional Engineers, Land Surveyors, Certified Interior Designers And Landscape Architects

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

18VAC10-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 27, 2008.

18VAC10-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 27, 2008.

Part II Notification of Interested Persons

18VAC10-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 27, 2008.

18VAC10-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 18VAC10-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 27, 2008.

Part III Public Participation Procedures

18VAC10-11-50 Public comment

A. In considering any nonemergency, nonexempt regulatory action, the agency shall afford interested persons an opportunity to (i) submit data, views, and arguments, either orally or in writing, to the agency; and (ii) be accompanied by and represented by counsel or other representative. Such opportunity to comment shall include an online public comment forum on the Town Hall.

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201, and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 27, 2008; amended, Virginia Register Volume 33, Issue 7, eff. January 12, 2017.

18VAC10-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 27, 2008.

18VAC10-11-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 27, 2008.

18VAC10-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 27, 2008.

18VAC10-11-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 27, 2008.

18VAC10-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 27, 2008.

18VAC10-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 27, 2008.

Chapter 20 Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects Regulations

Part I General

18VAC10-20-10 Definitions

A. Section 54.1-400 of the Code of Virginia provides definitions of the following terms and phrases as used in this chapter:

Architect

Board

Certified interior designer

Interior design. When used in this chapter, interior design will only be applicable to interior design performed by a certified interior designer.

Land surveyor. When used in this chapter, land surveyor will include surveyor photogrammetrist, unless stated otherwise or if the context requires a different meaning.

Landscape architect

Practice of architecture

Practice of engineering

Practice of land surveying

Practice of landscape architecture

Professional engineer

Responsible charge

B. The following words, terms, and phrases when used in this chapter have the following meanings except where the context clearly indicates otherwise or requires different meanings:

"Application" means a completed application with the appropriate fee and any other required documentation.

"Department" means the Department of Professional and Occupational Regulation.

"Direct control and personal supervision" means supervision by a professional who oversees and is responsible for the work of another individual.

"Endorsement" means a method of obtaining a license or certification by a person who is currently licensed or certified in another state.

"Good standing" means that the regulant holds a current or active license, certificate, or registration issued by any regulatory body and is not subject to a current sanction.

"NAAB" means the National Architectural Accrediting Board.

"NCARB" means the National Council of Architectural Registration Boards.

"NCEES" means the National Council of Examiners for Engineering and Surveying.

"Place of business" means any location that, through professionals, offers or provides the services of architecture, engineering, land surveying, landscape architecture, interior design, or any combination thereof. A temporary field office established and utilized for the duration of a specific project will not qualify as a place of business under this chapter.

"Profession" means the practice of architecture, engineering, land surveying, landscape architecture, or interior design.

"Professional" means an architect, professional engineer, land surveyor, landscape architect, or certified interior designer who holds a license or certificate issued by the board pursuant to the provisions of this chapter and is in good standing with the board to practice his profession in the Commonwealth.

"Registrant" means a business entity holding a registration issued by the board and in good standing to offer or provide one or more of the professions regulated by the board.

"Regulant" means an architect, professional engineer, land surveyor, or landscape architect holding a license issued by the board; a certified interior designer holding a valid certification issued by the board; or a registrant.

"Responsible person" means the professional named by the registrant to be responsible and have control of the registrant's regulated services offered or rendered. A professional can only be the responsible person for the profession indicated on the person's licenses or certifications.

"Surveyor photogrammetrist" means a person who by reason of specialized knowledge in the area of photogrammetry has been granted a license by the board to survey land in accordance with Chapter 4 (§ 54.1-400 et seq.) of Title 54.1 of the Code of Virginia for the determination of topography, contours, or location of planimetric features using photogrammetric methods or similar remote sensing technology.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 1.1, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 13, Issue 23, eff. October 1, 1997; Volume 16, Issue 3, eff. December 1, 1999; Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; Volume 25, Issue 3, eff. December 1, 2008; Volume 26, Issue 4, eff. July 1, 2010; Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; Volume 38, Issue 4, eff. December 1, 2021; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-15 Board organization

The board's organization will be consistent with applicable provisions of the Code of Virginia. The board may have the following sections: Architects, Professional Engineers, Land Surveyors, Certified Interior Designers, and Landscape Architects. Each section may meet as necessary.

History

Statutory Authority: §§ 54.1-201, 54.1-404, and 54.1-411 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 18, Issue 7, eff. March 1, 2002; amended, Virginia Register Volume 23, Issue 1, eff. February 1, 2007; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-17 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 23, Issue 1, eff. February 1, 2007; amended, Virginia Register Volume 32, Issue 6, eff. January 1, 2016; repealed, Virginia Register Volume 42, Issue 16, eff. May 1, 2026.

Part II General Entry Requirements

18VAC10-20-20 General application requirements

A. Applicants must meet the following requirements:

Must not have been convicted of a non-marijuana misdemeanor in the last 10 years or have ever been convicted of a felony that would render the applicant unfit or unsuited to engage in the occupation or profession applied for in accordance with § 54.1-204 of the Code of Virginia;
Must not have committed any act involving dishonesty, fraud, misrepresentation, breach of fiduciary duty, negligence, or incompetence reasonably related to:

a. The proposed area of practice within 10 years prior to application for licensure, certification, or registration; or

b. The area of practice related to licensure, certification, or registration by the board while under the authority of the board.

Must not have engaged in fraud or misrepresentation in connection with the application for licensure, certification, or registration, or related exam;
Must not have had a license, certification, or registration revoked or suspended for cause or been disciplined by the Commonwealth or by any other jurisdiction or surrendered or have surrendered a license, certificate, or registration in lieu of disciplinary action; and
Must not have practiced without the required license, registration, or certification in the Commonwealth or in another jurisdiction within the five years immediately preceding the filing of the application for licensure, certification, or registration by the Commonwealth.

B. Applicants must provide the board with all required documentation and fees to complete the application for licensure or certification no later than three years from the date of the board's receipt of the initial application fee. Applications that remain incomplete after that time will no longer be processed by the board and the applicant must submit a new application.

C. The board may make further inquiries and investigations with respect to an applicant's qualifications and documentation to confirm or amplify information supplied.

D. Failure of an applicant to comply with a written request from the board for additional evidence or information within 60 days of receiving such notice, except in such instances where the board has determined ineligibility for a clearly specified period of time, may be sufficient and just cause for disapproving the application.

E. Applicants who do not meet the requirements of 18VAC10-20-20 or 18VAC10-20-40 may be approved following consideration by the board in accordance with the provisions of the Virginia Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 2.1, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 13, Issue 23, eff. October 1, 1997; Volume 16, Issue 3, eff. December 1, 1999; Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-25 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 23, Issue 1, eff. February 1, 2007; amended, Virginia Register Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; repealed, Virginia Register Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-30 (Repealed.)

Historical Notes

Derived from VR130-01-2 § 2.2, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 13, Issue 23, eff. October 1, 1997; Volume 18, Issue 7, eff. March 1, 2002; repealed, Virginia Register Volume 23, Issue 1, eff. February 1, 2007.

18VAC10-20-35 Experience

All experience or training requirements contained in this chapter must be on the board-approved form and will be evaluated based on the applicant working a minimum of 30 hours per week. Any experience gained at less than 30 hours per week may be prorated at the sole discretion of the board.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 3, eff. December 1, 1999; amended, Virginia Register Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-40 Good standing of applicants

A. Applicants currently licensed, certified, or registered to practice architecture, engineering, land surveying, landscape architecture, or interior design in another jurisdiction must be in good standing in every jurisdiction where licensed, certified, or registered.

B. Applicants must disclose any disciplinary action as described in 18VAC10-20-785 A 1 and A 2.

C. Applicants must report any felony or misdemeanor convictions in any jurisdiction, excluding any misdemeanor marijuana convictions.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 2.3, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-50 Transfer of scores to other boards

The board, at its discretion and upon proper application, may forward the scores achieved by an applicant in the various exams given under the board's jurisdiction for use in evaluating the applicant's eligibility for registration within another board's jurisdiction or evaluation of the applicant's national certification. An applicant requesting that the score be transferred to another registration board will state the applicant's reason for the request in writing.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 2.4, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-55 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 18, Issue 7, eff. March 1, 2002; amended, Virginia Register Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; repealed, Virginia Register Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-60 (Repealed.)

Historical Notes

Derived from VR130-01-2 § 2.5, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 21, Issue 3, eff. December 1, 2004; repealed, Virginia Register Volume 23, Issue 1, eff. February 1, 2007.

18VAC10-20-70 (Repealed.)

History

Historical Notes: Derived from VR130-01-2 § 2.6, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 13, Issue 23, eff. October 1, 1997; Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; repealed, Virginia Register Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-75 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 18, Issue 7, eff. March 1, 2002; amended, Virginia Register Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; repealed, Virginia Register Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-80 (Repealed.)

Historical Notes

Derived from VR130-01-2 § 2.7, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; repealed, Virginia Register Volume 23, Issue 1, eff. February 1, 2007.

18VAC10-20-85 Examination on regulations

The board will provide applicants with an exam on the board's regulations and statutes. All applicants for licensure or certification must achieve a passing score on this exam.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 1, eff. February 1, 2007; amended, Virginia Register Volume 32, Issue 6, eff. January 1, 2016; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-87 Expiration of licenses, certificates, and registrations

A. Licenses, certificates, and registrations will be valid for two years from the last day of the month in which they are issued.

B. Licenses, certificates, and registrations will expire in accordance with this section unless renewed pursuant to 18VAC10-20-670 or reinstated pursuant to 18VAC10-20-680.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 6, eff. January 1, 2016; amended, Virginia Register Volume 42, Issue 16, eff. May 1, 2026.

Part III Qualifications for Licensing of Architects

18VAC10-20-90 Fee schedule

All fees are nonrefundable and will not be prorated.

| Application for Initial Architect License | $150 | | --- | --- | | Application for Architect License by Endorsement | $150 | | Renewal | $110 |

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 3.1, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 13, Issue 23, eff. October 1, 1997; Volume 15, Issue 24, October 1, 1999; Volume 21, Issue 3, eff. December 1, 2004; Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-100 (Repealed.)

Historical Notes

Derived from VR130-01-2 § 3.2, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; repealed, Virginia Register Volume 18, Issue 7, eff. March 1, 2002.

18VAC10-20-105 Qualifications for licensure as an architect

A. Upon completing the requirements of this section, applicants may apply for licensure with the board.

B. Education. Applicants must hold a high school diploma or equivalent and submit documentation acceptable to the board verifying that one of the following educational qualifications has been met:

The applicant holds a professional degree in architecture from a program accredited by NAAB. The degree program must have been accredited by NAAB no later than two years after the date of the applicant's graduation from the program.
The applicant has received credit for a degree or coursework, whether foreign or domestic, that is not NAAB-accredited. Such applicant must establish an NCARB record and must have that degree or coursework evaluated for equivalency to an NAAB-accredited professional degree in architecture through NAAB's evaluation service. The board reserves the right to reject any evaluation submitted. Any costs attributable to evaluation will be borne by the applicant.
The applicant has a minimum of 10 years of qualifying work experience, education experience, or a combination of work and education experience as provided for in Table 1 of this subdivision. For the purposes of this subdivision B 3, (i) "education experience" means credit awarded toward the alternative educational requirement provided for in this subdivision based on completed education; and (ii) "work experience" means credit awarded toward the alternative to educational requirement provided for in this subdivision based on completed work under the direct supervision a licensed architect.

a. Applicants may combine work experience and education experience in the following methods.

| Table 1 | | | | --- | --- | --- | | Education | Education Experience Credited | Supplemental Work or Additional Education Experience Required | | Architecture baccalaureate degree, to include architectural design | Four years | Six years | | Baccalaureate degree in a related discipline, to include engineering, interior design, landscape architecture, and building construction | Three years | Seven years | | Nonrelated baccalaureate degree | Two years | Eight years | | Associate degree in the field of architecture | One year | Nine years |

b. The methods in Table 1 may not be combined if the lower-level degree was used as academic credit toward the higher-level degree.

c. Applicants may be awarded one year of education experience for each successfully completed full-time equivalent academic year for a graduate degree in the field of architecture.

d. Applicants may be awarded six months of education experience for each successfully completed full-time equivalent academic year for a graduate degree in a related discipline, to include engineering, interior design, landscape architecture, or building construction.

e. Applicants may be awarded one year of education experience for each successfully completed full-time equivalent academic year for completed NAAB accredited coursework.

f. Applicants must provide a transcript from the institution awarding a degree or granting coursework credit. The board may make further inquiries into an applicant's program to assess whether a degree is in a related discipline.

g. Education experience used to qualify under this subdivision B 3 may not be combined with experience used to meet experience qualifications under subsection C of this section.

h. All work experience must have been gained under the direct supervision of a licensed architect. Work experience will be evaluated in accordance with 18VAC10-20-35. Work experience gained must include all of the following areas:

(1) Architectural programming.

(2) Site and environmental analysis.

(3) Schematic design.

(4) Construction cost analysis.

(5) Code research.

(6) Design development.

(7) Construction documents.

(8) Specifications and materials research.

(9) Document checking and coordination.

(10) Bidding procedures.

(11) Construction phase – office.

(12) Construction phase – observation.

(13) Project management.

(14) Office management.

i. Applicants qualifying under this subdivision B 3 must certify work and education experience annually. Any experience gained under the alternative education requirement must be reported to the board on the board-designated form no later than January 31 for the preceding year's experience. Nothing in this provision prohibits the board from awarding education experience earned prior to an individual becoming an applicant, including out-of-state experience.

C. Experience.

Applicants for original licensure must successfully complete the NCARB-administered Architectural Experience Program (https://www.ncarb.org/sites/default/files/AXP-Guidelines.pdf), which satisfies the experience requirement outlined in 18VAC10-20-35.
Applicants with a NAAB-accredited degree or who are actively participating in or who have completed the NCARB-accepted integrated path to architectural licensure option are required to document experience or training in architecture before licensure.

D. Examination. The board is a member board of NCARB and applicants for original licensure are required to pass the NCARB-prepared exam.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 16, eff. May 1, 2026; amended, Virginia Register Volume 42, Issue 23, eff. September 1, 2026.

18VAC10-20-110 (Repealed.)

History

Historical Notes: Derived from VR130-01-2 § 3.3, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 13, Issue 23, eff. October 1, 1997; Volume 16, Issue 3, eff. December 1, 1999; Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; repealed, Virginia Register Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-120 (Repealed.)

History

Historical Notes: Derived from VR130-01-2 § 3.4, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 13, Issue 23, eff. October 1, 1997; Volume 16, Issue 3, eff. December 1, 1999; Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; Volume 25, Issue 3, eff. December 1, 2008; Volume 25, Issue 5, eff. January 1, 2009; Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; Errata, 37:26 VA.R. 4017 August 16, 2021; repealed, Virginia Register Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-130 (Repealed.)

History

Historical Notes: Derived from VR130-01-2 § 3.5, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; repealed, Virginia Register Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-140 (Repealed.)

History

Historical Notes: Derived from VR130-01-2 § 3.6, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 13, Issue 23, eff. October 1, 1997; Volume 16, Issue 3, eff. December 1, 1999; Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; Volume 25, Issue 5, eff. January 1, 2009; Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; repealed, Virginia Register Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-150 Licensure by endorsement

Applicants who hold a valid active license in another state or other jurisdiction or a country in which a mutual recognition agreement has been executed between itself and NCARB and accepted by the board may be granted a license, provided that the applicant:

Possesses an NCARB certificate or submits to the board verifiable documentation for education, experience, and exam meeting current requirements in Virginia; and
Satisfies all other applicable requirements of this chapter.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 3.7, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 13, Issue 23, eff. October 1, 1997; Volume 16, Issue 3, eff. December 1, 1999; Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; Volume 42, Issue 16, eff. May 1, 2026.

Part IV Qualifications for Licensing of Professional Engineers

18VAC10-20-160 Definitions

The following words, terms, and phrases when used in this part have the following meanings except where the context clearly indicates otherwise or requires different meanings:

"ABET" means the Accreditation Board for Engineering and Technology.

"Approved engineering program" means an undergraduate engineering program of four years or more or a graduate engineering program approved by the board. ABET-approved EAC programs are approved by the board. Programs that are accredited by ABET not later than two years after an applicant's graduation will be deemed as ABET-approved.

"Approved engineering technology program" means an undergraduate engineering technology program of four years or more approved by the board. ABET-approved ETAC programs of four years or more are approved by the board. Programs that are accredited by ABET not later than two years after an applicant's graduation will be deemed as ABET-approved.

"EAC" means Engineering Accreditation Commission.

"ETAC" means Engineering Technology Accreditation Commission.

"Related science program" means a four-year program in biology, chemistry, geology, geophysics, mathematics, physics, or other programs approved by the board. Programs must have a minimum of six semester hours of mathematics courses beyond algebra and trigonometry and a minimum of six semester hours of science courses in physics in order to be considered a related science program.

"Qualifying engineering experience" means a record of progressive experience on engineering work during which the applicant has made a practical utilization of acquired knowledge and has demonstrated improvement, growth, and development through the utilization of that knowledge as revealed in the complexity and technical detail of the applicant's work product or work record. The applicant must show progressive assumption of greater individual responsibility for the work product over the relevant period. Qualifying engineering experience must be based on a knowledge of engineering mathematics, physical and applied sciences, properties of materials, and fundamental principles of engineering design.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 4.1, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 16, Issue 3, eff. December 1, 1999; Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-170 Fee schedule

All fees are nonrefundable and will not be prorated.

| Application for Engineer-in-Training Designation | $60 | | --- | --- | | Application for Initial Professional Engineer License | $120 | | Application for Professional Engineer License by Endorsement | $120 | | Renewal | $160 |

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 4.2, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 13, Issue 23, eff. October 1, 1997; Volume 15, Issue 24, eff. October 1, 1999; Volume 16, Issue 3, eff. December 1, 1999; Volume 18, Issue 7, eff. March 1, 2002; Volume 21, Issue 3, eff. December 1, 2004; Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-180 (Repealed.)

Historical Notes

Derived from VR130-01-2 § 4.3, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; repealed, Virginia Register Volume 18, Issue 7, eff. March 1, 2002.

18VAC10-20-190 (Repealed.)

History

Historical Notes: Derived from VR130-01-2 § 4.4, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 16, Issue 3, eff. December 1, 1999; Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; repealed, Virginia Register Volume 37, Issue 24, eff. September 2, 2021.

18VAC10-20-191 Requirements for an engineer-in-training designation

Applicants must apply directly with NCEES to take the Fundamentals of Engineering (FE) exam and meet applicable education or experience requirements in this section. An applicant qualified under subdivision 1, 2, or 3 of this section will receive the engineer-in training (EIT) designation upon passing the FE exam and verification of the applicant's degree by the board. All other applicants will receive the EIT designation upon passing the FE exam. The EIT designation will remain valid indefinitely.

| EDUCATIONAL REQUIREMENTS | NUMBER OF YEARS OF QUALIFYING ENGINEERING EXPERIENCE | | --- | --- | | 1. Student applicants must meet one of the following: a. Be enrolled in an ABET-accredited undergraduate EAC or ETAC curriculum, have 12 months or less remaining before completion of the degree, and provide a certificate of good standing from the dean of the engineering school or the dean's designee; b. Be enrolled in an ABET-accredited graduate or doctorate EAC or ETAC curriculum, have six months or less remaining before completion of the degree, and provide a certificate of good standing from the dean of the engineering school or the dean's designee; or c. Be enrolled in a graduate curriculum that is ABET-accredited EAC or ETAC at the undergraduate level at the institution at which the graduate degree is being sought, have six months or less remaining before completion of the degree, and provide a certificate of good standing from the dean of the engineering school or the dean's designee. | 0 | | 2. Graduated from an approved engineering or an approved engineering technology curriculum. | 0 | | 3. Dual degree holders must: a. Have graduated from a non-ABET-accredited undergraduate engineering curriculum of four years or more; and b. Have graduated from a graduate or doctorate engineering curriculum that is ABET accredited at the undergraduate level. | 0 | | 4. Graduated from a nonapproved engineering curriculum or from a related science curriculum of four years or more. | 2 | | 5. Obtained, by documented academic coursework, the equivalent of education that meets the requirements of ABET accreditation for the baccalaureate engineering technology curricula. Whether an education is considered to be equivalent will be determined by the judgment of the board. | 6 |

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-200 (Repealed.)

History

Historical Notes: Derived from VR130-01-2 § 4.5, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 13, Issue 23, eff. October 1, 1997; Volume 16, Issue 3, eff. December 1, 1999; Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; repealed, Virginia Register Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-210 Requirements for licensure as a professional engineer

In general, the required education will be applied as follows:

| EDUCATIONAL REQUIREMENTS | PASSING OF FUNDAMENTALS EXAM REQUIRED? | NUMBER OF REQUIRED YEARS OF QUALIFYING ENGINEERING EXPERIENCE | | --- | --- | --- | | 1. Have graduated from an ABET- accredited undergraduate engineering program. | YES | 4 | | 2. Dual degree holders. a. Have graduated from an ABET-accredited undergraduate engineering program; and b. Have graduated from a doctorate engineering program that is ABET accredited at the undergraduate level. | NO | 4 | | 3. Have graduated from a four-year related science program, engineering technology program, or a non-ABET-accredited engineering program. | YES | 6 | | 4. Have obtained, by documented academic coursework, the equivalent of education that meets the requirements of ABET accreditation for the baccalaureate engineering technology. Whether an education is considered to be equivalent will be determined by the judgment of the board. | YES | 10 | | 5. Have graduated from an engineering, engineering technology, or related science curriculum of four years or more. | NO | 20 |

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 4.6, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 13, Issue 23, eff. October 1, 1997; Volume 16, Issue 3, eff. December 1, 1999; Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-215 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 16, Issue 3, eff. December 1, 1999; amended, Virginia Register Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; repealed, Virginia Register Volume 37, Issue 24, eff. September 2, 2021.

18VAC10-20-220 (Repealed.)

History

Historical Notes: Derived from VR130-01-2 § 4.7, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; Errata, 32:10 VA.R. 1861, January 11, 2016; Volume 37, Issue 24, eff. September 2, 2021; repealed, Virginia Register Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-230 Education

A. An applicant who is seeking credit for a degree that is not ABET accredited as ETAC or EAC and was earned from an institution outside the United States and its territories must have the degree authenticated and evaluated by an educational credential evaluation service. The board may consider the degree as an approved engineering program or approved engineering technology program. The board reserves the right to reject any evaluation submitted by the applicant.

B. Degrees earned within the United States for any nonapproved engineering program, related science program, or nonapproved engineering technology program of four years or more must be from an accredited college or university that is approved or accredited by the Commission on Colleges, a regional or national accreditation association, or by an accrediting agency that is recognized by the U.S. Secretary of Education.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 4.8, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 16, Issue 3, eff. December 1, 1999; Volume 23, Issue 1, eff. February 1, 2007; Volume 23, Issue 21, eff. September 10, 2007; Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-240 Experience

A. Each applicant must document all of the applicant's engineering experience using a board-provided form. The information provided on the form must clearly describe the engineering work or research that the applicant personally performed; delineate the applicant's role in any group engineering activity; provide an overall description of the nature and scope of the applicant's work; and include a detailed description of the engineering work personally performed by the applicant. The experience must be obtained in an organization with an engineering practice and must be verified on the board's experience verification form by a licensed professional engineer in the organization's engineering practice.

B. In general, the required experience will be applied as follows:

| Type of Experience | Qualifying | Nonqualifying | | --- | --- | --- | | 1. Design experience. | A demonstrated use of engineering computation and problem-solving skills. | Drafting of design by others. | | 2. Construction experience. | A demonstrated use of engineering computation and problem-solving skills. | The execution as a contractor of work designed by others, the supervision of construction, and similar nonengineering tasks. | | 3. Military experience. | Engineering of a character substantially equivalent to that required in the civilian sector for similar work. | Nonengineering military training and supervision. | | 4. Sales experience. | A demonstrated use of engineering computational and problem-solving skills. | The selection of data or equipment from a company catalogue, similar publication, or database. | | 5. Industrial experience. | Work directed toward the identification and solution of practice problems in the applicant's area of engineering specialization including engineering analysis of existing systems or the design of new ones. | The performance of maintenance of existing systems, replacement of parts or components, and other nonengineering tasks. | | 6. Graduate or doctoral degree. | Only one year of qualifying experience will be given for any combination of advanced degrees in an engineering program. In addition, if a degree is used to satisfy the education requirement, it cannot also be used toward satisfying the experience requirement. | Research conducted as part of a graduate or doctoral degree will not count as additional experience if credit for the degree is granted pursuant to 18VAC10-20-210. | | 7. Teaching. | For teaching experience to be considered qualifying by the board, the applicant must have taught in an engineering program at a university or college and must have been employed in the level of instructor or higher. | | | 8. Co-op or internship. | Engineering experience gained during a co-op or internship may be deemed qualifying engineering experience to a maximum of one year of credit. | | | 9. General. | | Experience in claims consulting, drafting, estimating, and field surveying. |

C. The board, in its sole discretion, may permit partial credit for approved qualifying engineering experience obtained prior to graduation from an engineering program. Partial credit will not exceed one-half of that required for any method of initial licensure.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 4.9, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-250 (Repealed.)

Historical Notes

Derived from VR130-01-2 § 4.10, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 16, Issue 3, eff. December 1, 1999; repealed, Virginia Register Volume 18, Issue 7, eff. March 1, 2002.

18VAC10-20-260 Examinations

A. The board is a member board of the NCEES and is authorized to administer the NCEES exams, including the Fundamentals of Engineering exam and the Principles and Practice of Engineering exam.

B. The exam may not be reviewed by applicants. Unless authorized by NCEES rules and procedures, exam scores are final and are not subject to change.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 4.11, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 16, Issue 3, eff. December 1, 1999; Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-270 Licensure by endorsement

A. Applicants holding a valid license to practice engineering in other states or jurisdictions may be licensed, provided that the applicant satisfies the provisions of this subsection. Applicants must:

Submit to the board verifiable documentation for education, experience, and exam that meets the requirements by which the applicant was first licensed in the original jurisdiction were and is substantially equivalent to the requirements in Virginia; and
Satisfy all other applicable requirements of this chapter.

B. International endorsement. Applicants holding a valid license in a country that is a signatory to the mobility agreements of the International Engineering Alliance may be licensed provided the applicant satisfies the provisions of this subsection. Applicants must:

Submit evidence of education meeting the requirements of 18VAC10-20-230.
Submit evidence of seven years of qualifying engineering experience in accordance with 18VAC10-20-240.
Satisfy all other applicable requirements of this chapter.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 4.12, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 16, Issue 3, eff. December 1, 1999; Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; Volume 42, Issue 16, eff. May 1, 2026.

Part V Qualifications for Licensing and Standards of Procedure for Land Surveyors

18VAC10-20-280 Fee schedule

All fees are nonrefundable and will not be prorated.

| Application for Surveyor-in-Training Designation | $85 | | --- | --- | | Application for Initial Land Surveyor License | $150 | | Application for Initial Surveyor Photogrammetrist License | $150 | | Application for Initial Land Surveyor B License | $150 | | Application for License by Endorsement | $150 | | Renewal | $180 |

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 5.1, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 13, Issue 23, eff. October 1, 1997; Volume 15, Issue 24, eff. October 1, 1999; Volume 16, Issue 3, eff. December 1, 1999; Volume 18, Issue 7, eff. March 1, 2002; Errata, 18:10 VA.R. 1342 January 28, 2002; amended, Virginia Register Volume 21, Issue 3, eff. December 1, 2004; Volume 23, Issue 1, eff. February 1, 2007; Volume 25, Issue 3, eff. December 1, 2008; Volume 32, Issue 6, eff. January 1, 2016; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-290 (Repealed.)

Historical Notes

Derived from VR130-01-2 § 5.2, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; repealed, Virginia Register Volume 18, Issue 7, eff. March 1, 2002.

18VAC10-20-295 Definitions

"Absolute horizontal positional accuracy" means the value expressed in feet or meters that represents the uncertainty due to systematic and random errors in measurements in the location of any point on a survey relative to the defined datum at the 95% confidence level.

"Approved land surveying experience" means progressive and diversified office and field training and experience under the direct control and personal supervision of a licensed land surveyor.

"Approved photogrammetric surveying or similar remote sensing technology experience" means progressive and diversified office and field training and experience in photogrammetric surveying or similar remote sensing technology under the direct control and personal supervision of a licensed land surveyor or licensed surveyor photogrammetrist.

"Relative horizontal positional accuracy" means the value expressed in feet or meters that represents the uncertainty due to random errors in measurements in the location of any point on a survey relative to any other point on the same survey at the 95% confidence level.

"Rural land surveys" include surveys on properties located outside urban/suburban properties.

“Urban/suburban land surveys" include surveys on properties that lie within or adjoin city or town limits, suburban areas, or other high-valued properties.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 18, Issue 7, eff. March 1, 2002; amended, Virginia Register Volume 23, Issue 1, eff. February 1, 2007; Volume 25, Issue 3, eff. December 1, 2008; Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-300 Requirements for surveyor-in-training designation

A. Applicants must apply directly with NCEES for the Fundamentals of Surveying (FS) exam. All applicants must satisfy one of the following conditions in subdivisions 1 through 8 of this subsection and pass the FS exam. Applicants who do not complete their applications and receive their designations within the three years from the date of application must reapply and satisfy one of the following:

Be enrolled in an EAC/ABET-accredited surveying or surveying technology program, have 12 months or less remaining before completion of degree requirements, and provide a certificate of good standing from the dean of the school or the dean's designee;
Have earned an undergraduate degree from an EAC/ABET-accredited surveying or surveying technology program;
Have earned an undergraduate degree related to surveying acceptable to the board and possess a minimum of one year of approved land surveying experience;
Have earned an undergraduate degree in a field unrelated to surveying in conjunction with an additional 30 credit hours in surveying acceptable to the board and possess a minimum of two years of approved land surveying experience;
Have earned a board-approved associate's degree related to surveying acceptable to the board and possess a minimum of two years of approved land surveying experience;
Have earned a certificate or diploma in a surveying curriculum of a minimum of 30 credit hours in a surveying program acceptable to the board and possess a minimum of three years of approved land surveying experience;
Have successfully completed a registered survey apprenticeship program approved by the board, including all work hours and required related technical instruction , and possess a minimum of three years of approved land surveying experience; or
Have graduated from high school with evidence of successful completion of courses in algebra, geometry, and trigonometry and possess a minimum of six years of approved land surveying experience.

B. Applicants seeking approval to sit for the SIT designation pursuant to subdivisions A 3 through A 8 of this section may apply board-approved college credits toward the experience requirement. The maximum rate of college credit substitution for experience will be one year of experience credit for each 40 credit hours of board-approved college credits completed. College credits applicable toward the completion of any degree used to satisfy a requirement of subsection A of this section will not be eligible for experience substitution.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 5.3, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 16, Issue 3, eff. December 1, 1999; Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-310 Requirements for the land surveyor and surveyor photogrammetrist licenses

A. Land surveyor license.

A surveyor-in-training (SIT) who has a minimum of four years of approved land surveying experience, in addition to the requirements of 18VAC10-20-300, will be approved to sit for:

a. The Principles and Practice of Land Surveying exam;

b. The Virginia-specific land surveying exam; and

c. The board-supplied exam on regulations.

A qualified applicant will be granted a license to practice land surveying upon passing all three exams and meeting all other board requirements.

B. Surveyor photogrammetrist license.

An SIT who has a minimum of four years of approved photogrammetric surveying or similar remote sensing technology experience, in addition to the requirements of 18VAC10-20-300, will be approved to sit for:

a. The board-approved surveyor photogrammetrist exam; and

b. The board-supplied exam on regulations.

A qualified applicant will be granted a license to practice photogrammetric surveying upon passing both exams and meeting all other board requirements.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 5.4, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 16, Issue 3, eff. December 1, 1999; Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; Volume 25, Issue 3, eff. December 1, 2008; Errata, 25:7 VA.R. 1451 December 8, 2008; amended, Virginia Register Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; Errata, 38:9 VA.R. 829 December 20, 2021; amended, Virginia Register Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-320 Requirements for the land surveyor B license

A. An applicant must:

Hold a valid Virginia license as a land surveyor;
Present satisfactory evidence of a minimum of two years of land surveying experience, as provided in § 54.1-408 of the Code of Virginia, under the direct control and personal supervision of a licensed land surveyor B or professional engineer;
Present satisfactory evidence of having passed college-level courses in hydrology and hydraulics that are acceptable to the board; and
Pass a board-approved exam.

B. A qualified applicant will be issued a land surveyor B license upon passing the board-approved exam and meeting all board requirements of in subsection A of this section.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 5.5, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 16, Issue 3, eff. December 1, 1999; Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-330 Education

An applicant who is seeking credit for a degree earned from an institution outside of the United States must have the applicant's degree authenticated and evaluated by an education evaluation service. The board reserves the right to reject any evaluation submitted by the applicant. Any cost of evaluation will be borne by the applicant.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 5.6, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 16, Issue 3, eff. December 1, 1999; Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-340 Experience standards

In order to demonstrate meeting the experience requirements of 18VAC10-20-300, 18VAC-10-20-310, and 18VAC10-20-320, the following requirements must be met:

Written verification of work experience must document experience that has been gained under the direct control and supervisor of a licensed land surveyor or licensed surveyor photogrammetrist on forms provided by the board.
This experience must have been acquired in positions requiring the exercise of independent judgment, initiative, and professional skill.
Experience may be gained either prior to or after education is obtained.
Experience must be verified by a licensed land surveyor or licensed surveyor photogrammetrist in an organization with a surveying practice and will be evaluated by the board in accordance with 18VAC10-20-35.

Notwithstanding the definition of "approved land surveying experience" or "approved photogrammetric surveying or similar remote sensing technology experience," the requirements set forth in 18VAC10-20-310 will not be waived.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 5.7, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; Volume 25, Issue 3, eff. December 1, 2008; Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-345 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 37, Issue 24, eff. September 2, 2021; repealed, Virginia Register Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-350 Examinations

A. Applications for initial licensure are received by the board in accordance with the following:

Upon successful completion of the achievement of the surveyor-in-training designation, applicants who qualify may apply to sit for the other surveying exams.
Upon successful completion of the land surveyor licensure requirements, applicants who qualify under 18VAC10-20-320 may apply to sit for the land surveyor B exam.

B. Applicants must apply to the board to be approved to sit for examinations. Applicants must register and submit the required exam fee to the board's designee. Applicants must follow all board regulations and designee requirements.

C. Applicants approved to sit for the exam will be eligible for a period of three years from the date of initial approval. Applicants who do not pass the exam during the eligibility period are no longer eligible to sit for the exam. To become exam-eligible again, applicants must reapply to the board, meet all current entry requirements, and demonstrate successful completion of 16 hours of educational activities that meet the requirements of 18VAC10-20-683 E and F.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 5.8, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 16, Issue 3, eff. December 1, 1999; Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; Volume 25, Issue 3, eff. December 1, 2008; Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-360 Licensure by endorsement

A. In order to become licensed as a land surveyor in Virginia, any person currently licensed to practice land surveying in another state or other jurisdiction must:

Submit to the board verifiable documentation of education, experience, and exam meeting current requirements in Virginia;
Pass the Virginia-specific exam; and
Satisfy all other applicable requirements of this chapter.

B. In order to become licensed as a land surveyor photogrammetrist in Virginia, any person currently licensed to practice land surveying or photogrammetric surveying by another state or other jurisdiction must:

Submit to the board verifiable documentation of education and experience ;
Pass the Virginia-approved mapping sciences or submit proof of passing a substantial equivalent meeting current requirements in Virginia; and
Satisfy all other applicable requirements of this chapter.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 5.9, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 16, Issue 3, eff. December 1, 1999; Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; Volume 25, Issue 3, eff. December 1, 2008; Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-370 Minimum standards and procedures for land boundary surveying practice

A. The minimum standards and procedures set forth in this section are to be used for land boundary surveys performed in the Commonwealth of Virginia. The application of the professional's seal, signature, and date as required by this regulation will be evidence that the land boundary survey is correct to the best of the professional's knowledge, information, and belief and complies with the minimum standards and procedures set forth in this chapter.

B. Research procedure. The professional must search the land records for the proper description of the land to be surveyed and obtain the description of adjoining land as it pertains to the common boundaries. The professional must have the additional responsibility to utilize such other available data pertinent to the survey being performed from any other known sources. Evidence found from all known sources, including evidence found in the field, must be carefully compared in order to aid in the establishment of the correct boundaries of the land being surveyed. The professional must clearly identify on the plats, maps, and reports inconsistencies found in the research of common boundaries between the land being surveyed and the adjoining land. It is not the intent of this regulation to require the professional to research the question of title or encumbrances on the land involved.

C. Minimum field procedures.

Angular measurement. Angle measurements made for traverse or land boundary survey lines will be made by using a properly adjusted transit-type total-station or scan-station instrument that allows a direct reading to a minimum accuracy of six seconds of arc or equivalent. The number of angles turned at a given station or corner will be the number that, in the judgment of the professional, can be used to substantiate the average true angle considering the condition of the instrument being used and the existing field conditions.
Linear measurement. Distance measurement for the lines of traverse or lines of the land boundary survey must be made (i) with metal tapes that have been checked and are properly calibrated as to incremental distances or (ii) with properly calibrated electronic distance measuring equipment, preferably included within the properly adjusted total-station or scan-station instrument, following instructions and procedures established by the manufacturer of such equipment. All linear measurements must be reduced to the horizontal plane, distances between monuments must be reported as ground plane measurement, and other necessary corrections must be performed before using such linear measurements for computing purposes.

D. Field traverse and land boundary closure and accuracy standards.

For a land boundary survey located in a rural area, the maximum permissible error of closure for a field traverse is one part in 10,000 (1/10,000). The attendant angular closure is that which will sustain the one part in 10,000 (1/10,000) maximum error of closure. The angular error of closure must not exceed 20 seconds times the square root of the number of angles turned. The ratio of precision must not exceed an error of closure of one foot per 10,000 feet of perimeter of closed loop control traverse (1:10,000). Based on the network adjustment at the 95% confidence level, neither axis of the 95% confidence level error ellipse for any control point, property corner, or independent point located on the boundary may exceed 0.10 foot (or 0.030 meters) plus 50 ppm measured relative to any other point on the survey.
For land boundary surveys located in an urban/suburban area, the angular error of closure for the closed loop control traverse must not exceed 10 seconds times the square root of the number of angles turned. The ratio of precision must not exceed an error of closure of one foot per 20,000 feet of the perimeter of the closed loop control traverse (1:20,000). Based on the network adjustment at the 95% confidence level, neither axis of the 95% confidence level error ellipse for any control point, property corner, or independent point located on the boundary may exceed 0.05 foot (or 0.015 meters) plus 30 ppm measured relative to any other point on the survey. For a land boundary survey located in an urban area, the maximum permissible error of closure for a traverse will be one part in 20,000 (1/20,000).

The maximum permissible positional uncertainty based on the 95% confidence level of any independent boundary corner or independent point located on a boundary that has been established by utilizing global positioning systems must not exceed the positional tolerance of 0.07 foot (or 20 mm +/- 50 ppm).

E. When using GNSS for land boundary surveying, in order to meet error of closure and relative positional accuracy standards, multiple simultaneous and concurrent observations must be used to obtain baseline solutions to compute network or closed traverse errors of closure as outlined in this section. A single real-time kinematic (RTK) vector solution yields a "no check" solution and therefore, by itself, does not meet minimum standards and must not be used without additional independent checks.

Monumentation. As a requisite for completion of the work product, each land boundary survey of a tract or parcel of land must be monumented with objects made of permanent material at all corners and changes of direction on the land boundary with the exceptions of meanders, such as meanders of streams, tidelands, lakes, swamps and prescriptive rights-of-way, and each such monument, other than a natural monument, must, when physically feasible, be identified by a temporary witness marker. Where it is not physically feasible to set actual corners, appropriate reference monuments must be set, preferably on the boundary line, and the location of each must be shown on the plat or map of the land boundary.

All boundaries, both exterior and interior, of the original survey for any division or partition of land must be monumented in accordance with the provisions of this section when such monumentation is not otherwise regulated by the provisions of a local subdivision ordinance.

For land boundary surveys providing for a division when only the division, in lieu of the entire parcel, is being surveyed, any new corners established along existing property lines will require that those existing property lines be established through their entire length. This will include the recovery or reestablishment of the existing corners for each end of the existing property lines.

F. Office procedures.

Computations. The computation of field work data must be accomplished by using the mathematical routines that produce closures and mathematical results that can be compared with descriptions and data of record. Such computations must be used to determine the final land boundary of the land involved.
Plats and maps. The following information must be shown on all plats and maps used to depict the results of the land boundary survey:

a. The title of the land boundary plat identifying the land surveyed and showing the district, town, and county or city in which the land is located and scale of drawing.

b. The name of the owner of record and recording references.

c. Names of all adjoining owners of record with recording references, or with subdivision name and lot designations and recording references.

d. Inconsistencies found in the research of common boundaries between the land being surveyed and the adjoining land. The inconsistencies must be clearly noted by the professional.

e. Names of highways and roads with route number and widths of right-of-way or distance to the center of the physical pavement and pavement width, name of railroads, streams adjoining, crossing, or in close proximity to the boundary and other prominent or well-known objects that are informative as to the location of the land boundary.

f. A distance to the nearest road intersection or prominent or well-known object. In cases of remote areas, a scaled position with the latitude and longitude or state plane coordinates must be provided.

g. Items crossing any property lines such as physical improvements and evidence of easements such as utilities and other physical features pertinent to the boundary of the property.

h. Bearings of all property lines and meanders to nearest one second of arc or equivalent. Distances of all property lines and meanders to the nearest one hundredth (.01) of a foot or equivalent. Meanders are defined as lines of convenience used to close the figure along an irregular geometry of natural boundary course, such as a river or shoreline, or along a boundary at the center of a roadway.

i. Adequate curve data to accomplish mathematical closures.

j. Distances of all property lines and meanders to the nearest one hundredth (.01) of a foot or equivalent.

k. Pursuant to subdivision E 2 of this section, the bearing and distances from the new corners to the existing corners on each end of the existing property lines.

l. For property located in rural areas, area to the nearest hundredth (.01) of an acre or equivalent.

m. For property located in urban/suburban areas, area to the nearest square foot or thousandth (0.001) of an acre or equivalent.

n. North arrow and source of meridian used for the survey.

o. For interior surveys, when the new parcel is entirely surrounded by the parent tract, a reference bearing and distance to a property corner of an adjoining owner or other prominent object, including intersecting streets or roads.

p. Tax map designation or geographic parcel identification number, if available, for surveyed parcel and adjoining parcels.

q. Description of each monument found and each monument set by the professional.

r. A statement that the land boundary survey shown is based on:

(1) A current field survey and includes the closed-loop traverse methodology, such as total station or redundant GNSS observations, used to perform the field survey; or

(2) A compilation from deeds, plats, surveys by others, or combination thereof.

If the land boundary shown is a compilation from deeds or plats, or a survey by others, the title of the plat must clearly depict that the plat does not represent a current land boundary survey and the plat must not be titled as a land boundary survey.

s. A statement as to whether a current title report has been furnished to the professional.

t. A statement as to whether any or all easements and physical improvements are shown on the plat.

u. Name , address, and contact information for the land surveyor or the registered business.

v. The professional's seal, signature, and date.

Metes and bounds description. The professional must prepare a metes and bounds description in narrative form, if requested by the client or the client's agent, for completion of any newly performed land boundary survey. The description must reflect all metes and bounds, to include bearings, distances, and curve data sufficient to reconstruct the geometry, the area of the property described, all pertinent monumentation, names of record owners or other appropriate identification of all adjoiners, and any other data or information deemed as warranted to properly describe the property. Customarily, the metes and bounds must be recited in a clockwise direction around the property. The professional must clearly identify in the metes and bounds description any inconsistencies found in the research of common boundaries between land being surveyed and the adjoining land. For subdivisions, the professional must prepare a metes and bounds description in narrative form for only the exterior boundaries of the property.

No metes and bounds description will be required for the verification or resetting of the corners of a lot or other parcel of land in accordance with a previously performed land boundary survey, such as a lot in a subdivision where it is unnecessary to revise the record boundaries of the lot.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 5.10, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 13, Issue 23, eff. October 1, 1997; Volume 18, Issue 7, eff. March 1, 2002; Errata, 18:10 VA.R. 1342 January 28, 2002; amended, Virginia Register Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-380 Minimum standards and procedures for surveys determining the location of physical improvements; field procedures; office procedures

A. The following minimum standards and procedures are to be used for surveys determining the location of physical improvements on any parcel of land or lot containing less than two acres or equivalent (e.g., "building location survey," "house location surveys," "physical surveys," ) in the Commonwealth of Virginia. The application of the professional's seal, signature, and date as required by this chapter will be evidence that the survey determining the location of physical improvements is correct to the best of the professional's knowledge, information, and belief and complies with the minimum standards and procedures set forth in this chapter.

B. The professional must determine the position of the lot or parcel of land in accordance with the intent of the original survey and must set or verify permanent monumentation at each corner of the property, consistent with the monumentation provisions of subdivision E 1 of 18VAC10-20-370. All such monumentation other than natural monumentation must, when physically feasible, be identified by temporary witness markers.

When the professional finds discrepancies of sufficient magnitude to warrant, in the professional's opinion, the performance of a land boundary survey (pursuant to the provisions of 18VAC10-20-370), the professional must inform the client or the client's agent that such land boundary survey is deemed warranted as a requisite to completion of the physical improvements survey.

The location of the following must be determined in the field:

Fences in near proximity to the land boundary lines and other fences that may reflect lines of occupancy or possession.
Other physical improvements on the property and all man-made or installed structures, including buildings, stoops, porches, chimneys, visible evidence of underground features (e.g., manholes, catch basins, telephone pedestals, power transformers), utility lines, and poles.
Cemeteries, if known, disclosed, or discovered in the process of performing the survey; roads or traveled ways crossing the property that serve other properties; and streams, creeks, and other defined drainage ways.
Other visible evidence of physical improvements on the property.

C. The plat reflecting the work product must be drawn to scale and must show the following, unless requested otherwise by the client and so noted on the plat:

The bearings and distances for the boundaries and the area of the lot or parcel of land must be shown in accordance with record data, unless a current, new land boundary survey has been performed in conjunction with the physical improvements survey. If needed to produce a closed polygon, the meander lines necessary to verify locations of streams, tidelands, lakes, and swamps must be shown. All bearings must be shown in a clockwise direction, unless otherwise indicated.
North arrow and source of meridian used for the survey.
Fences in the near proximity to the land boundary lines and other fences that may reflect lines of occupancy or possession.
Improvements and other pertinent features on the property as located in the field pursuant to subsection B of this section.
All physical improvements, including fences, across a property line must be identified and dimensioned with respect to the property line.
The closest dimension (to the nearest 0.1 foot or equivalent) from the front property line, side property line, and if pertinent, rear property line to the principal walls of each building. Also, all principal building dimensions (to the nearest 0.1 foot or equivalent).
Building street address numbers, as displayed on the premises, or so noted if no numbers are displayed. In absence of physical numbers, an address as shown on the locality's geographic information system.
Stoops, decks, porches, chimneys, balconies, floor projections, and other similar type features.
Street names, as posted or currently identified and as per record data if different from posted name.
Distance to nearest road intersection from a property corner, based upon record data. If not available from record data, distance to nearest intersection may be determined from best available data, and so qualified.
Building restriction or setback lines per restrictive covenants if shown or noted on the record subdivision plat.
The caption or title of the plat must include the type of survey performed; lot number, block number, section number, and name of subdivision, as appropriate, or if not in a subdivision, the names of the record owner; town, county, or city; date of survey; and scale of drawing.
Adjoining property identification.
Easements and other encumbrances set forth on the record subdivision plat, and those otherwise known to the professional.
A statement as to whether or not a current title report has been furnished to the professional.
Inconsistencies found in the research or field work of common boundaries between the land being surveyed and the adjoining land must be clearly noted.
Name, address, and contact information for the individual or entity for whom the survey is being performed.
Professional's seal, signature, and date.
Name, address, and contact information for the land surveyor or registered business.

D. In performing a physical improvements survey, a professional will not be required to set corner monumentation on any property when:

It is otherwise required to be set pursuant to the provisions of a local subdivision ordinance as mandated by § 15.2-2240 of the Code of Virginia or by subdivision A 7 of § 15.2-2241 of the Code of Virginia;
Eventual placement is covered by a surety bond, cash escrow, set-aside letter, letter of credit, or other performance guaranty; or
Exempt by § 54.1-407 of the Code of Virginia.

E. A professional performing a physical improvements survey when monumentation is not required as stated in subsection D of this section must clearly note on the plat "no corner markers set," the reason why it is not required, and the name of guarantors providing the performance guaranty.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 5.11, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 13, Issue 23, eff. October 1, 1997; Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; Volume 25, Issue 3, eff. December 1, 2008; Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-382 Minimum standards and procedures for surveys determining topography; field procedures; office procedures

A. The minimum standards and procedures set forth in this section are to be used for topographic surveys performed in the Commonwealth of Virginia pursuant to Chapter 4 (§ 54.1-400 et seq.) of Title 54.1 of the Code of Virginia. The application of the professional's seal, signature, and date as required by this chapter is evidence that the topographic survey is correct to the best of the professional's knowledge and belief and complies with the minimum standards and procedures.

B. Minimum field and office procedures. The following information must be shown on, or contained in, all plats, maps, or digital geospatial data, including metadata, used to depict the results of the topographic survey:

Physical improvements on the property, all man-made or installed structures, as well as visible evidence of underground features (e.g., manholes, catch basins, telephone pedestals, power transformers), and utility lines and poles must be shown or depicted when they are visible based on the methodology and scale. If the methodology or scale prevents depiction of the improvements as described in this section, then notice must be clearly stated on or contained in the map, plat, or digital geospatial data, including metadata, indicating the improvements that are not depicted.
Elevations must be provided as spot elevations, contours, or digital terrain models.
Onsite, or in close proximity, benchmarks must be established on site or in close proximity of the project and shown in the correct location, with correct reference to vertical datum, preferably North American Vertical Datum (NAVD), and shown in the correct location. Clearly state reference and basis of vertical datum. Elevations must be provided as spot elevations, contours, or digital terrain models.
The title of the topographic survey identifying the land surveyed and showing the state, county, or city in which property is located.
Name, address, and contact information of the individual or entity for whom the survey is being performed.
Name, address, and contact information for the land surveyor, surveyor photogrammetrist, or registered business.
Date, graphic scale, numerical scale, and contour interval of plat, map, or digital geospatial data, including metadata.
North arrow and source of meridian used for the survey.
Names or route numbers of highways, streets, and named waterways must be shown.
A distance to the nearest road intersection or prominent or well-known object. In cases of remote areas, latitude and longitude or state plane coordinates must be provided.
The horizontal and vertical unit of measurement, coordinate system, and data, including adjustments if applicable.
A statement, in the following form, must be shown on or contained in plats, maps, or digital geospatial data, including metadata:

This ________________ (provide description of the project) was completed under the direct and responsible charge of _______________________________ (Name of Professional) from an actual Ground/Conventional RTKGPS (or GNSS) or Remotely Sensed (check all that are applicable) survey made under my supervision; that the imagery or original data was obtained on ______________ (Date); and that this plat, map, or digital geospatial data, including metadata, meets minimum accuracy standards unless otherwise noted.

For the purposes of the certification above, remotely sensed data includes photogrammetry, airborne LIDAR, terrestrial and mobile LIDAR, and for hydrographic surveys, sonar or other acoustic type technologies for measurements.

C. Minimum positional accuracies must be met in accordance with the tables in subdivisions 1, 2, and 3 of this subsection. These tables are not intended to be acceptable in all situations, and the professional will be responsible to perform the work to the appropriate quality and extent that is prudent or warranted under the existing field conditions and circumstances. Metric or other unit of measurements must meet an equivalent positional accuracy. Map or plat scales, or contour intervals, other than those defined in these tables must meet an equivalent positional accuracy. The minimum positional accuracy tables are as follows:

Scale and contour interval combinations.

| Map or Plat Scale | Contour Interval | | --- | --- | | 1" = 20' | 1 or 2 feet | | 1" = 30' | 1 or 2 feet | | 1" = 40' | 1 or 2 feet | | 1" = 50' | 1 or 2 feet | | 1" = 100' | 1 or 2 feet | | 1" = 200' | 2, 4, or 5 feet | | 1" = 400' | 4, 5, or 10 feet |

Vertical accuracy standards.

| | Contours - Vertical Positional Accuracy | Spot Elevations - Vertical Positional Accuracy | | --- | --- | --- | | Contour line 1' interval | ± 0.60 foot | ± 0.30 foot | | Contour line 2' interval | ± 1.19 feet | ± 0.60 foot | | Contour line 4' interval | ± 2.38 feet | ± 1.19 feet | | Contour line 5' interval | ± 2.98 feet | ± 1.49 feet | | Contour line 10' interval | ± 5.96 feet | ± 2.98 feet | | Positional Accuracy is given at the 95% confidence level. | | |

Horizontal accuracy standards.

| Well defined ground points - Horizontal (Radial) Positional Accuracy | | | | --- | --- | --- | | Map or Plat Scale | Absolute Horizontal Positional Accuracy | Relative Horizontal Positional Accuracy | | 1" = 20' | ± 0.8 foot | ± 0.20 foot | | 1" = 30' | ± 1.1 feet | ± 0.30 foot | | 1" = 40' | ± 1.5 feet | ± 0.40 foot | | 1" = 50' | ± 1.9 feet | ± 0.50 foot | | 1" = 100' | ± 3.8 feet | ± 1.00 feet | | 1" = 200' | ± 7.6 feet | ± 2.00 feet | | 1" = 400' | ± 15.2 feet | ± 4.00 feet | | Positional Accuracy is given at the 95% confidence level. | | |

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. December 1, 2008; amended, Virginia Register Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-390 Geodetic surveys

All geodetic surveys, including the determination and publication of horizontal and vertical values utilizing Global Positioning Systems (GPS), that relate to the practice of land surveying as defined in § 54.1-400 of the Code of Virginia, must be performed under the direct control and personal supervision of a professional as defined in Part I (18VAC10-20-10 et seq.) of this chapter.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 5.12, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-392 Photogrammetric surveys or similar remote sensing technology

The use of photogrammetric methods or similar remote sensing technology to perform any part of the practice of land surveying as defined in Chapter 4 (§ 54.1-400 et seq.) of Title 54.1 of the Code of Virginia must be performed under the direct control and supervision of a licensed land surveyor or a licensed surveyor photogrammetrist.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. December 1, 2008; amended, Virginia Register Volume 37, Issue 24, eff. September 2, 2021; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-395 Standard of care

In no event may the requirements contained in 18VAC10-20-370 through 18VAC10-20-392 be interpreted or construed to require the professional to perform work of a lesser quality or quantity than that which is prudent or warranted under the existing field conditions and circumstances.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. December 1, 2008; amended, Virginia Register Volume 32, Issue 6, eff. January 1, 2016.

Part VI Qualifications for Licensing of Landscape Architects

18VAC10-20-400 Fee schedule

All fees are nonrefundable and will not be prorated.

| Application for Initial Landscape Architect License | $150 | | --- | --- | | Application for Landscape Architect License by Endorsement | $150 | | Renewal | $190 |

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 6.1, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 13, Issue 23, eff. October 1, 1997; Volume 15, Issue 24, eff. October 1, 1999; Volume 18, Issue 7, eff. March 1, 2002; Volume 21, Issue 3, eff. December 1, 2004; Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-410 (Repealed.)

Historical Notes

Derived from VR130-01-2 § 6.2, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; repealed, Virginia Register Volume 18, Issue 7, eff. March 1, 2002.

18VAC10-20-420 Requirements for licensure

Applicants for licensure as a landscape architect must satisfy the requirements of subdivision 1 or 2 of this section.

An applicant who has graduated from a landscape architecture program accredited by the Landscape Architectural Accreditation Board (LAAB) must have:

a. Obtained a minimum of 36 months of experience as follows:

(1) A minimum of 12 months of experience under the direct control and personal supervision of a licensed or certified landscape architect;

(2) The remaining 24 months of experience under the direct control and personal supervision of a licensed or certified landscape architect or a licensed architect, professional engineer, or land surveyor in accordance with the Landscape Architects Experience Credit Table; or

(3) In lieu of the provision in subdivisions 1 a (1) and 1 a (2) of this section, a minimum of 48 months of experience under the direct control and personal supervision of a licensed architect, professional engineer, or land surveyor; and

b. Passed all sections of the Council of Landscape Architectural Registration Board (CLARB)-prepared exam.

Applicants who have not graduated from a LAAB-accredited landscape architecture program must have obtained a minimum of eight years of combined education and work experience in accordance with this subsection.

a. Only semester and quarter hours with passing scores will be accepted. Credit will be calculated as follows:

(1) 32 semester credit hours or 48 quarter credit hours will be worth one year.

(2) Fractions greater than or equal to one half-year, but less than one year, will be counted as one-half year.

(3) Fractions smaller than one half-year will not be counted.

b. The maximum years indicated in subdivisions a through d of the Landscape Architects Education Credit Table will apply regardless of the length of the degree program.

c. All applicants must have a minimum of two years of experience under the direct control and personal supervision of a licensed or certified landscape architect.

d. Education and experience will be evaluated against the Landscape Architects Education Credit Table and the Landscape Architects Experience Credit Table to determine if an applicant has met the minimum eight years required in this subsection.

| LANDSCAPE ARCHITECTS EDUCATION CREDIT TABLE | | | | --- | --- | --- | | Categories | Values | Examples | | (1) Credits completed applicable toward a LAAB-accredited degree. | Credit will be given at the rate of 100% with a maximum of four years allowable. | An applicant has 86 semester hours of credit. Calculation: 86/32 = 2.6875 years 100% credit for a maximum of four years (2.6875 x 100% = 2.6875 years). 0.6875 is ≥ 0.5 years, which is worth 0.5 years. Final result: 86 semester hours equals 2.5 years. | | (2) A degree in landscape architecture, or credits completed applicable toward a degree in landscape architecture, from a non-LAAB-accredited program. | | | | (3) A degree, or credits completed applicable toward a degree, in an allied professional discipline approved by the board (i.e., architecture, civil engineering, environmental science). | Credit will be given at the rate of 75% for the first two years and 100% for succeeding years with a maximum of three years allowable. | An applicant has 101 semester hours of credit. Calculation: 101/32 = 3.15625 years 75% credit for the first two years (2 x 75% = 1.5 years). 100% credit for succeeding years (1.15625 x 100% = 1.15625 years). 1.5 + 1.15625 = 2.65625 years. 0.65625 is ≥ 0.5 years, which is worth 0.5 years. Final result: 101 semester hours equals 2.5 years. | | (4) Any other undergraduate degree or credits completed applicable toward that degree. | Credit will be given at the rate of 50% for the first two years and 75% for succeeding years with a maximum of two years allowable. | An applicant has 95 semester hours of credit. Calculation: 95/32 = 2.96875 years 50% credit for the first two years (2 x 50%= 1 year). 75% credit for succeeding years (.96875 x 75%=.72656 years). 1 +.72656 = 1.72656 years. 0.72656 is ≥ 0.5 years, which is worth 0.5 years. Final result: 95 semester hours equals 1.5 years. | | LANDSCAPE ARCHITECTS EXPERIENCE CREDIT TABLE | | | | Categories | Values | Examples | | (5) Experience gained under the direct control and personal supervision of a licensed or certified landscape architect. | Credit will be given at the rate of 100% of work experience gained with no maximum. | An applicant worked under a landscape architect for 3.7 years. Calculation: 3.7 years x 100% = 3.7 years (no maximum). Final result: An applicant with 3.7 years of work experience will be credited for the entire 3.7 years. | | (6) Experience gained under the direct control and personal supervision of a licensed architect, professional engineer, or land surveyor. | Credit will be given at the rate of 50% of work experience gained with a maximum of four years allowable. | An applicant has worked under a land surveyor for eight years or more. Calculation: 8 years x 50% = 4 years. Final result: eight years or more of experience is worth only four years based on the maximum allowable. |

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 6.3, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; Volume 23, Issue 21, eff. August 1, 2007; Volume 26, Issue 4, eff. July 1, 2010; Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-425 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 32, Issue 6, eff. January 1, 2016; amended, Virginia Register Volume 37, Issue 24, eff. September 2, 2021; repealed, Virginia Register Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-430 Experience standard

Qualifying landscape architectural training and experience must be progressive in complexity and based on knowledge of natural, physical, and mathematical sciences and the principles and methodology of landscape architecture.

The experience must be obtained in an organization with a practice regulated by this chapter and must be verified on the board experience verification form by a licensed landscape architect, professional engineer, architect, or land surveyor in the organization's practice.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 6.4, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 18, Issue 7, eff. March 1, 2002; Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-440 Examination

A. Applicants with a LAAB-accredited degree may be approved to sit for the exam prior to completing the 36-month experience requirement contained in subdivision 1 a of 18VAC10-20-420.

B. The Virginia board is a member of the Council of Landscape Architectural Registration Boards (CLARB) and is authorized to make available the CLARB prepared exams. All applicants for original licensure in Virginia are required to pass the CLARB-prepared exam.

C. Applicants approved to sit for the exam must register and submit the required exam fee to be received in the board office, or by the board's designee.

D. Grading of the exam will be in accordance with the national grading procedures administered by CLARB. The board will utilize the scoring procedures recommended by CLARB.

E. Applicants will be advised only of their passing or failing score and the CLARB minimum passing score.

F. The board may approve transfer credits for parts of the exam taken and passed in accordance with national standards.

G. Applicants approved to sit for the exam will be eligible for a period of three years from the date of their initial approval. Applicants who do not pass all sections of the exam during their eligibility period are no longer eligible to sit for the exam. To become exam-eligible again, applicants must reapply to the board as follows:

Applicants who have taken at least one section of the exam and who reapply to the board no later than six months after the end of their eligibility may be approved to sit for the exam for an additional three years. The original application requirements will apply.
Applicants who do not meet the criteria of subdivision 1 of this subsection must reapply to the board and meet all entry requirements current at the time of reapplication.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 6.5, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 16, Issue 3, eff. December 1, 1999; Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; Volume 23, Issue 21, eff. August 1, 2007; Volume 26, Issue 4, eff. July 1, 2010; Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-450 Licensure by endorsement

Applicants who hold a valid active license in another state or other jurisdiction that is accepted by the board may be granted a license provided the applicant:

Possesses a CLARB certificate.
Submits to the board verifiable documentation for education, experience, and exam meeting current requirements in Virginia; and
Satisfies all other applicable requirements of this chapter.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 6.6, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 16, Issue 3, eff. December 1, 1999; Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; Volume 23, Issue 21, eff. August 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; Volume 42, Issue 16, eff. May 1, 2026.

Part VII Qualifications for Certifying of Interior Designers

18VAC10-20-460 Definitions

The following words, terms, and phrases when used in this part have the following meanings except where the context clearly indicates otherwise or requires different meanings.

"CIDA" means the Council for Interior Design Accreditation, formerly known as the Foundation of Interior Design Education Research (FIDER).

"Diversified experience" includes the identification, research, and creative solution of problems pertaining to the function and quality of the interior environment including code analysis, fire safety consideration, and barrier-free evaluations that relate to the health, safety, and welfare of the public.

"Monitored experience" means diversified experience in interior design under the direct control and personal supervision of a certified or licensed interior designer, architect, or professional engineer.

"Professional program approved by the board" means an evaluated degree or combination of evaluated degrees as follows:

A minimum of an undergraduate degree in an interior design program that is deemed by the board to be substantially equivalent to an undergraduate degree in interior design from a CIDA-accredited program;
A graduate degree from a CIDA-accredited program; or
A graduate degree in interior design plus an undergraduate degree that in combination are deemed by the board to be substantially equivalent to an undergraduate degree program from a CIDA-accredited program at the time of the applicant's graduation.

For the purposes of this definition, a degree program that met CIDA accreditation requirements not later than two years after the date of the applicant's graduation must be determined to be CIDA accredited.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 7.1, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 13, Issue 23, eff. October 1, 1997; Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-470 Fee schedule

All fees are nonrefundable and will not be prorated.

| Application for Initial Interior Designer Certification | $90 | | --- | --- | | Application for Interior Designer Certification by Endorsement | $90 | | Renewal | $90 |

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 7.2, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 13, Issue 23, eff. October 1, 1997; Volume 15, Issue 24, eff. October 1, 1999; Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-480 (Repealed.)

Historical Notes

Derived from VR130-01-2 § 7.3, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; repealed, Virginia Register Volume 18, Issue 7, eff. March 1, 2002.

18VAC10-20-490 Requirements for certification

A. Applicants must possess a degree from a professional program approved by the board.

B. The board reserves the right to reject any evaluation submitted. Any costs attributable to evaluation will be borne by the applicant.

C. Applicants must possess a minimum of two years of monitored experience. Any monitored experience gained under the direct control and personal supervision of a professional engineer will not account for more than six months of the two years required by this subsection.

D. Applicants must have passed the board-approved exam and provide documentation acceptable to the board verifying that the exam has been passed.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 7.4, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 13, Issue 23, eff. October 1, 1997; Volume 16, Issue 3, eff. December 1, 1999; Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; Errata, 38:1 VA.R. 172 August 30, 2021; amended, Virginia Register Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-495 Examination

A. The National Council of Interior Design Qualification exam is approved by the board.

B. Applicants must apply directly to the Council for Interior Design Qualifications for the exam.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 6, eff. January 1, 2016; amended, Virginia Register Volume 37, Issue 24, eff. September 2, 2021; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-500 (Repealed.)

Historical Notes

Derived from VR130-01-2 § 7.5, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; amended, Virginia Register Volume 13, Issue 23, eff. October 1, 1997; repealed, Virginia Register Volume 16, Issue 3, eff. December 1, 1999.

18VAC10-20-505 Certification by endorsement

Applicants who hold a license or certificate in good standing in another jurisdiction of the United States or province of Canada may be issued a certificate if the board is provided with satisfactory evidence that the license or certificate was issued based on qualifications equal to those required by this chapter as of the date the application is received by the board.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 23, eff. October 1, 1997; amended, Virginia Register Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; Volume 42, Issue 16, eff. May 1, 2026.

Part VIII Qualifications for Registration as a Professional Corporation [Repealed]

18VAC10-20-510 (Repealed.)

History

Historical Notes: Derived from VR130-01-2 § 8.1, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; repealed, Virginia Register Volume 37, Issue 24, eff. September 2, 2021.

18VAC10-20-515 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 32, Issue 6, eff. January 1, 2016; repealed, Virginia Register Volume 37, Issue 24, eff. September 2, 2021.

18VAC10-20-520 (Repealed.)

History

Historical Notes: Derived from VR130-01-2 § 8.2, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 13, Issue 23, eff. October 1, 1997; Volume 15, Issue 24, eff. October 1, 1999; Volume 21, Issue 3, eff. December 1, 2004; Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; repealed, Virginia Register Volume 37, Issue 24, eff. September 2, 2021.

18VAC10-20-530 (Repealed.)

History

Historical Notes: Derived from VR130-01-2 § 8.3, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 13, Issue 23, eff. October 1, 1997; Volume 16, Issue 3, eff. December 1, 1999; Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; Volume 26, Issue 4, eff. July 1, 2010; Volume 32, Issue 6, eff. January 1, 2016; repealed, Virginia Register Volume 37, Issue 24, eff. September 2, 2021.

18VAC10-20-540 (Repealed.)

History

Historical Notes: Derived from VR130-01-2 § 8.4, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 13, Issue 23, eff. October 1, 1997; Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; repealed, Virginia Register Volume 32, Issue 6, eff. January 1, 2016.

18VAC10-20-550 (Repealed.)

History

Historical Notes: Derived from VR130-01-2 § 8.5, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; Volume 26, Issue 4, eff. July 1, 2010; Volume 32, Issue 6, eff. January 1, 2016; repealed, Virginia Register Volume 37, Issue 24, eff. September 2, 2021.

18VAC10-20-560 (Repealed.)

History

Historical Notes: Derived from VR130-01-2 § 8.6, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 13, Issue 23, eff. October 1, 1997; Volume 16, Issue 3, eff. December 1, 1999; Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; repealed, Virginia Register Volume 37, Issue 24, eff. September 2, 2021.

18VAC10-20-565 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 13, Issue 23, eff. October 1, 1997; amended, Virginia Register Volume 21, Issue 3, eff. December 1, 2004; repealed, Virginia Register Volume 23, Issue 1, eff. February 1, 2007.

Part IX Qualifications for Registration as a Professional Limited Liability Company [Repealed]

18VAC10-20-570 (Repealed.)

History

Historical Notes: Derived from VR130-01-2 § 9.1, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 13, Issue 23, eff. October 1, 1997; Volume 16, Issue 3, eff. December 1, 1999; Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; Volume 26, Issue 4, eff. July 1, 2010; Volume 32, Issue 6, eff. January 1, 2016; repealed, Virginia Register Volume 37, Issue 24, eff. September 2, 2021.

18VAC10-20-575 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 32, Issue 6, eff. January 1, 2016; repealed, Virginia Register Volume 37, Issue 24, eff. September 2, 2021.

18VAC10-20-580 (Repealed.)

History

Historical Notes: Derived from VR130-01-2 § 9.2, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 13, Issue 23, eff. October 1, 1997; Volume 15, Issue 24, eff. October 1, 1999; Volume 21, Issue 3, eff. December 1, 2004; Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; repealed, Virginia Register Volume 37, Issue 24, eff. September 2, 2021.

18VAC10-20-590 (Repealed.)

History

Historical Notes: Derived from VR130-01-2 § 9.3, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 16, Issue 3, eff. December 1, 1999; Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; Volume 26, Issue 4, eff. July 1, 2010; Volume 32, Issue 6, eff. January 1, 2016; repealed, Virginia Register Volume 37, Issue 24, eff. September 2, 2021.

18VAC10-20-600 (Repealed.)

History

Historical Notes: Derived from VR130-01-2 § 9.4, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 13, Issue 23, eff. October 1, 1997; Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; repealed, Virginia Register Volume 32, Issue 6, eff. January 1, 2016.

18VAC10-20-610 (Repealed.)

History

Historical Notes: Derived from VR130-01-2 § 9.5, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; Volume 26, Issue 4, eff. July 1, 2010; Volume 32, Issue 6, eff. January 1, 2016; repealed, Virginia Register Volume 37, Issue 24, eff. September 2, 2021.

18VAC10-20-620 (Repealed.)

History

Historical Notes: Derived from VR130-01-2 § 9.6, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; repealed, Virginia Register Volume 37, Issue 24, eff. September 2, 2021.

18VAC10-20-625 (Repealed.)

Historical Notes

Part X Qualifications for Registration as a Business Entity

18VAC10-20-627 Registration required

Any business entity offering or rendering professional services in the Commonwealth of Virginia must register with the board and designate a responsible person for each professional service offered. Professional services include architecture, engineering, land surveying, landscape architecture, or interior design.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 6, eff. January 1, 2016; amended, Virginia Register Volume 37, Issue 24, eff. September 2, 2021; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-630 Fee schedule

All fees are nonrefundable and will not be prorated.

| Application for business entity registration | $180 | | --- | --- | | Renewal of business entity registration | $90 |

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 10.1, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 13, Issue 23, eff. October 1, 1997; Volume 15, Issue 24, eff. October 1, 1999; Volume 21, Issue 3, eff. December 1, 2004; Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-640 Application requirements

A. All applicants must be appropriately credentialed to do business in the Commonwealth of Virginia by the State Corporation Commission in accordance with the Code of Virginia. The business entity must be in good standing with the State Corporation Commission at the time of application to the board office and when the board registration is in effect.

B. The name of the business and any assumed, fictitious, trading as, or doing business as names of the firm must be disclosed on the application.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 10.2, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 16, Issue 3, eff. December 1, 1999; Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-650 Registration certification

The application must contain an affidavit by an authorized official in the business entity that the practice of architecture, engineering, land surveying, landscape architecture, or interior design to be done by that entity will be under the direct control and personal supervision of the licensed or certified full-time employees or licensed or certified principals identified in the application as responsible persons for the practice. In addition, the licensed or certified employees or principals responsible for the practice must sign their names indicating that they are responsible persons, and that they understand and will comply with all statutes and regulations of the board.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 10.3, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Register Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; Volume 26, Issue 4, eff. July 1, 2010; Volume 37, Issue 24, eff. September 2, 2021; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-660 Change of status

A. Any changes of status, including change in entity, name (including assumed names), address, place of business, or responsible persons at each place of business, must be reported to the board by the registered entity within 30 days of the occurrence. In addition, any licensed or certified employee responsible for such practice must notify the board in writing of any changes of employment status within 30 days of the change.

B. In the event there is a change in the responsible person, whether the change is temporary or permanent, the registration will be automatically modified to be limited to that professional practice permitted by the remaining licensed or certified employees, or will be automatically suspended until such time as the entity comes into compliance with this chapter.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 10.4, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-665 (Repealed.)

Historical Notes

Part XI Renewal and Reinstatement

18VAC10-20-670 Renewal

A. Regulants must not practice with an expired license, certificate, or registration. The following timeframes will determine the required fees for renewal based on the date the fee is received in the board's office:

If the renewal fee is received by the board by the expiration date of the license, certificate, or registration, no additional fee will be required to renew.
If the renewal fee is not received by the board within 30 days following the expiration date of the license or certificate, a $50 late fee will be required in addition to the renewal fee. For renewal of a business entity registration, a $50 late renewal fee will be required in addition to the renewal fee.
If the renewal fee and applicable late fee are not received by the board within six months following the expiration date of the license, certificate, or registration, the reinstatement fee will be required pursuant to 18VAC10-20-680.

B. Upon receipt of the required fee, licenses, certificates, and registrations not currently sanctioned by the board will be renewed for a two-year period from the previous expiration date.

C. The board may deny renewal of a license, certificate, or registration for the same reasons as it may refuse initial licensure, certification, or registration or for the same reasons that it may discipline a regulant for noncompliance with the requirements contained in this chapter. The regulant has the right to request further review of any such action by the board under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

D. By submitting the renewal fee, the regulant is certifying continued compliance with this chapter.

E. Failure to receive a renewal notice will not relieve the regulant of the responsibility to renew. In the absence of a renewal notice, the regulant may submit a copy of the license, certificate, or registration with the required fee for renewal.

F. A license, certificate, or registration that is renewed will be regarded as having been current without interruption and under the authority of the board.

G. Failure to pay any monetary penalty, reimbursement of cost, or other fee assessed by consent order or final order will result in a delay or withholding of services provided by the department, such as, but not limited to, renewal, reinstatement, or processing a new application.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 11.1, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 13, Issue 23, eff. October 1, 1997; Volume 23, Issue 1, eff. February 1, 2007; Volume 25, Issue 12, eff. April 1, 2009; Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-680 Reinstatement

A. Applicants whose license, certificate, or business entity registration has been expired for more than six months will be required to submit a reinstatement application, which will be evaluated by the board to determine if the applicant remains qualified to be a regulant of the board.

B. Applicants whose license or certificate has been expired for more than five years will be required to reapply for licensure or certification on the initial application and document experience from the date of expiration of the license or certificate to the present.

C. The board may require an exam, continuing education, or experience for architects, professional engineers, land surveyors, landscape architects, and interior designers whose license or certificate has been expired for more than five years.

D. The board may deny reinstatement of a license, certificate, or registration for the same reasons as it may refuse initial licensure, certification, or registration or for the same reasons that it may discipline a regulant for noncompliance with the requirements contained in this chapter. The applicant has the right to request further review of any such action by the board under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

E. The date the reinstatement fee is received in the board's office will determine the amount to be paid pursuant to the following requirements:

Licenses, certificates, and registrations that have been expired for more than six months, but less than five years will require a reinstatement fee that will equal the renewal fee plus $200.
Licenses, certificates, and registrations that have been expired for more than five years will require a reinstatement fee that will equal the renewal fee plus $300.

F. Licensees will remain under and be subject to all laws and regulations as if the licensee had been continuously licensed. The licensee will remain under and be subject to the disciplinary authority of the board during this entire period at all times, regardless of whether the license is reinstated, pursuant to § 54.1-405 of the Code of Virginia.

G. A certificate or registration holder who reinstates will be regarded as having been current and without interruption and under the authority of the board.

H. Failure to pay any monetary penalty, reimbursement of cost, or other fee assessed by consent order or final order will result in a delay or withholding of services provided by the department such as, but not limited to, renewal, reinstatement, or processing a new application.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 11.2, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 13, Issue 23, eff. October 1, 1997; Volume 16, Issue 3, eff. December 1, 1999; Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; Volume 25, Issue 12, eff. April 1, 2009; Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-683 Continuing education requirements for renewal or reinstatement

A. Licensees are required to complete continuing education (CE) pursuant to the provisions of § 54.1-404.2 of the Code of Virginia for any renewal or reinstatement.

B. CE for renewal must be completed during the two-year license period immediately prior to the expiration date of the license and will be valid for that renewal only; additional hours will not be valid for subsequent renewal.

C. CE for reinstatement must be completed during the two years immediately prior to the date of the board's receipt of a reinstatement application and will be valid for that reinstatement only; additional hours will not be valid for subsequent renewal.

D. Licensees must maintain records of completion of CE used to renew a license for three years from the date of expiration of the license. Licensees must provide those records to the board or its authorized agents upon request.

E. CE activities completed by licensees may be accepted by the board provided the activity:

Consists of content and subject matter related to the practice of the profession;
Has a clear purpose and objective that will maintain, improve, or expand the skills and knowledge relevant to the licensee's area of practice and may be in areas related to business practices, including project management, risk management, ethics, and public health, safety, and welfare, that have demonstrated relevance to the licensee's area of practice as defined in § 54.1-400 of the Code of Virginia;
Is taught by instructors who are competent in the subject matter, either by education or experience, for those activities involving an interaction with an instructor;
If self-directed, contains an assessment by the sponsor at the conclusion of the activity that verifies that the licensee has successfully achieved the purpose and objective of the activity; and
Results in documentation that verifies the licensee's successful completion of the activity.

F. Computation of credit.

Fifty contact minutes will equal one hour of CE. For activities that consist of segments that are less than 50 minutes, those segments will be totaled for computation of CE for that activity.
One semester hour of college credit will equal 15 hours of CE and one-quarter hour of college credit will equal 10 hours of CE.
The number of hours required to successfully complete any CE activity must have been determined by the sponsor. A licensee must not claim more credit for any CE activity than the number of hours that was predetermined by the sponsor at the time the activity was completed.
CE may be granted for the initial development, substantial updating, or the initial teaching of a CE activity that meets the requirements of this chapter at twice the amount of credit that participants receive. CE claimed pursuant to this subdivision must not be claimed for subsequent offerings of the same activity.
A licensee applying for renewal will not receive credit for completing a CE activity with the same content more than once during the two years prior to license expiration.
A licensee applying for reinstatement will not receive credit more than once for completing a CE activity with the same content during the two years immediately prior to the date of the board's receipt of the licensee's reinstatement application.

G. The board may periodically conduct a random audit of the board's licensees who have applied for renewal to determine compliance. Licensees who are selected for audit must provide all documentation of all CE activities utilized to renew their license within 21 calendar days of the date of the board's notification of audit.

H. If the board determines that CE was not obtained properly to renew or reinstate a license, the licensee will be required to make up the deficiency to satisfy the CE requirement for that license renewal or reinstatement. Any CE activity used to satisfy the deficiency will not be applied to the licensee's current license CE requirement or any subsequent renewal or reinstatement.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 12, eff. April 1, 2009; Errata, 25:15 VA.R. 2804 March 30, 2009; amended, Virginia Register Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-687 Exemptions and waivers

Pursuant to § 54.1-404.2 of the Code of Virginia, the board may grant exemptions to, waive, or reduce the number of continuing education activities required in cases of certified illness or undue hardship.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 12, eff. April 1, 2009; amended, Virginia Register Volume 32, Issue 6, eff. January 1, 2016; Volume 42, Issue 16, eff. May 1, 2026.

Part XII Standards of Practice and Conduct

18VAC10-20-690 Responsibility to the public

The primary obligation of the regulant is to the public. The regulant must recognize that the health, safety, and welfare of the general public are dependent upon professional judgments, decisions, and practices. If the judgment of the regulant is overruled resulting in circumstances when the health, safety, or welfare of the public is endangered, the regulant must inform the employer, client, and appropriate authorities in writing of the possible consequences.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 12.1, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-700 Public statements

A. The regulant must be truthful in all professional matters and must include all relevant information in professional reports, statements, or testimony, which must include the date indicating when such information was current.

B. When serving as an expert or technical witness, the regulant must express an opinion only when it is based on an adequate knowledge of the facts in the issue and a background of competence in the subject matter.

C. Except when appearing as an expert witness in court or in an administrative proceeding when the parties are represented by counsel, the regulant must issue no statements, reports, criticisms, or arguments on matters relating to professional practice that are inspired by or paid for by interested persons, unless the regulant has prefaced the comment by disclosing any self-interest and the identities of all persons on whose behalf the regulant is speaking.

D. A regulant must not knowingly make a materially false statement or deliberately withhold a material fact in any professional matter.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 12.2, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 13, Issue 23, eff. October 1, 1997; Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-710 Conflicts of interest

A. The regulant must promptly and fully inform an employer or client of any business association, interest, or circumstance that may influence the regulant's judgment or the quality of service.

B. The regulant must not accept compensation, financial or otherwise, from more than one party for services on or pertaining to the same project unless the circumstances are fully disclosed and agreed to in writing by all interested parties.

C. The regulant must not solicit or accept financial or other valuable consideration from material or equipment suppliers for specifying the supplier's products or services unless such circumstances are fully disclosed to the regulant's client.

D. The regulant must not solicit or accept gratuities, directly or indirectly, from contractors, their agents, or other parties dealing with a client or employer in connection with work for which the regulant is responsible unless such circumstances are fully disclosed and agreed to in writing by all interested parties.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 12.3, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 13, Issue 23, eff. October 1, 1997; Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-720 Solicitation of work or employment

A. In the course of soliciting work from or employment by a public authority, the regulant must not directly or indirectly:

Give, solicit, or receive any gratuity, contribution, or consideration to unlawfully influence the award of a contract;
Give, solicit, or receive any gratuity, contribution, or consideration that may reasonably be construed as an intention to influence the awarding of a contract; or
Offer or provide any gift or other valuable consideration in order to secure work.

B. The regulant must not pay, directly or indirectly, a commission, percentage, or brokerage fee to a potential or existing client in order to secure work.

C. The regulant must not falsify or knowingly allow misrepresentation of the regulant's or an associate's:

Academic or professional qualifications or work; or
Degree of responsibility for prior assignments.

D. Materials, content, and information used in the solicitation of work must not misrepresent facts concerning employers, employees, associates, joint ventures, or past accomplishments of any kind.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 12.4, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-730 Competency for assignments

A. The professional must undertake to perform professional assignments only when qualified by education or experience and licensed or certified in the profession involved. A licensed professional may perform assignments related to interior design, provided the professional does not represent as certified in the profession unless the professional is certified by the board. The professional may accept an assignment requiring education or experience outside of the field of the professional's competence, but only to the extent that services are restricted to those phases of the project for which the professional is qualified. All other phases of such project must be the responsibility of licensed or certified associates, consultants, or employees.

B. A professional must not misrepresent to a prospective or existing client or employer the professional's qualifications and the scope of the professional's responsibility in connection with work for which the professional is claiming credit.

C. The professional must meet the minimum standards and requirements pertaining to the practice of the professional's own profession, as well as other professions if incidental work is performed.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 12.5, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 16, Issue 3, eff. December 1, 1999; Volume 23, Issue 1, eff. February 1, 2007; Volume 26, Issue 4, eff. July 1, 2010; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-740 Professional responsibility

A. Unless exempt by statute, all architectural, engineering, land surveying, landscape architectural, and interior design work must be completed by a professional or a person performing the work who is under the direct control and personal supervision of a professional.

B. A professional must be able to clearly define the professional's scope and degree of direct control and personal supervision, clearly define how it was exercised, and demonstrate that the professional was responsible within that capacity for the work that the professional has sealed, signed, and dated. For the work prepared under the professional's supervision, a professional must:

Have detailed professional knowledge of the work;
Exercise the degree of direct control over work that includes:

a. Having control over decisions on technical matters of policy and design;

b. Personally making professional decisions or the review and approval of proposed decisions prior to implementation, including the consideration of alternatives to be investigated and compared for designed work, whenever professional decisions are made that could affect the health, safety, and welfare of the public involving permanent or temporary work;

c. The selection or development of design standards and materials to be used; and

d. Determining the validity and applicability of recommendations prior to incorporation into the work, including the qualifications of those making the recommendations;

Have exercised professional judgment in professional matters that are embodied in the work and the drawings, specifications, or other documents involved in the work; and
Have exercised critical examination and evaluation of an employee's, consultant's, subcontractor's, or project team member's work product, during and after preparation, for purposes of compliance with applicable laws, codes, ordinances, regulations, and usual and customary standards of care pertaining to professional practice.

C. The regulant must not knowingly associate in a business venture with or permit the use of the regulant's name by any person or firm when there is reason to believe that person or firm is engaging in activity of a fraudulent or dishonest nature or is violating statutes or any of these regulations.

D. A regulant who has knowledge that any person may have violated or may currently be violating any of these provisions, or the provisions of Chapters 7 (§ 13.1-542.1 et seq.) and 13 (§ 13.1-1100 et seq.) of Title 13.1 or Chapters 1 (§ 54.1-100 et seq.) through 4 (§ 54.1-400 et seq.) of Title 54.1 of the Code of Virginia, must inform the board in writing and must cooperate in furnishing any further information or assistance that may be required by the board or any of its agents.

E. Upon request by the board or any of the board's agents, the regulant must produce any plan, plat, document, sketch, book, record, or copy thereof concerning a transaction covered by this chapter and must cooperate in the investigation of a complaint filed with the board against a regulant.

F. Except as authorized by 18VAC10-20-760 A 2, a regulant must not utilize the design, drawings, specifications, or work of another regulant to complete or to replicate any work without the written consent of the person or organization that owns the design, drawings, specifications, or work.

G. Utilization and modification of work.

A regulant who utilizes the designs, drawings, specifications, or work of another regulant pursuant to subsection F of this section or 18VAC10-20-760 A 2, or who modifies any plats or surveys, must conduct a thorough review of the work to verify that it has been accomplished to the same extent that would have been done under the direct control and personal supervision of the regulant affixing the professional seal, signature, and date. The regulant must assume full responsibility for the utilization of any unsealed work or any changes or modifications to previously sealed work.
Information from recorded plats or surveys may be utilized without permission. However, the modification of the actual recorded plat or survey is prohibited without written permission of the regulant.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 12.6, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 13, Issue 23, eff. October 1, 1997; Volume 16, Issue 3, eff. December 1, 1999; Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-750 (Repealed.)

History

Historical Notes: Derived from VR130-01-2 § 12.7, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; repealed, Virginia Register Volume 37, Issue 24, eff. September 2, 2021.

18VAC10-20-760 Use of seal

A. Affixing of a professional seal, signature, and date will indicate that the professional has exercised direct control and personal supervision over the work to which it is affixed. Affixing of the seal, signature, and date also indicates the professional's acceptance of responsibility for the work shown.

No professional may affix a seal, signature, and date or certification to plans, plats, documents, drawings, or other works constituting the practice of the professions regulated that has been prepared by an unlicensed or uncertified person unless such works were performed under the direct control and personal supervision of the professional while the unlicensed or uncertified person was an employee of the same firm as the professional or was under written contract to the same firm that employs the professional.
If the original professional of record is no longer able to seal, sign, and date completed professional work, such work may be sealed, signed, and dated by another qualified professional pursuant to the standards established in 18VAC10-20-740 G 1.

B. Documents to be sealed.

All final documents, including cover sheet of plans, plats, documents, drawings, technical reports, and specifications, and each sheet of plans or plats or drawings prepared by the professional or someone under the professional's direct control and personal supervision, must be sealed, signed, and dated by the professional. All final documents must also bear the professional's name or firm name, address, and project name.
For projects involving multiple professional services in the same project, each professional must seal, sign, and date the final documents for the work component that the professional completed or that was completed under the professional's direct control and personal supervision. The professional responsible for the compilation of the project must seal, sign, and date the cover sheet of the aggregate collection of final documents for the project.

C. An electronic seal, signature, and date are permitted to be used in lieu of an original seal, signature, and date when the following criteria, and all other requirements of this section, are met:

It is a unique identification of the professional;
It is verifiable; and
It is under the professional's direct control.

D. Incomplete plans, plats, documents, and drawings, whether advance or preliminary copies, must be so identified on the plans, plats, documents, or drawings and need not be sealed, signed, or dated. Advance or preliminary copies of incomplete plans, plats, documents, and drawings, must be clearly identified as not complete but need not be sealed, signed, or dated.

E. All work performed by a professional who is licensed or certified by this board, including work that is exempt from licensure pursuant to § 54.1-402 of the Code of Virginia, must be sealed, signed, and dated pursuant to subsection B of this section.

F. The original seal must conform in detail and size to the design illustrated in this subsection and must be two inches in diameter. The designs illustrated may not be shown to scale:

| | | | | --- | --- | --- | | | | | | | | | | *The number referred to is the last six-digit number as shown on the license or certificate. The number is permanent. Leading zeros contained in the six-digit number may be omitted from the seal. | | |

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 12.8, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 13, Issue 23, eff. October 1, 1997; Volume 16, Issue 3, eff. December 1, 1999; Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; Volume 25, Issue 3, eff. December 1, 2008; Volume 26, Issue 4, eff. July 1, 2010; Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-770 Organization and styling of practice

A. A firm must offer or practice only the professions shown on its board-issued registration. The regulant designated by the firm to be the responsible person must exercise direct control and personal supervision of the work being offered or practiced.

B. Nothing will be contained in the name, letterhead, or other styling of a professional practice implying a relationship, ability, or condition that does not exist. Professional services that the firm is not properly registered to provide must not be included in the name.

C. An assumed, fictitious, or corporate name must not be misleading as to the identity, responsibility, or status of those practicing professionals employed or contracted by the registrant. Any advertisement, sign, letterhead, business card, directory, or any other form of representation must avoid reference to any service that cannot be provided for under a responsible person.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 12.9, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-780 (Repealed.)

History

Historical Notes: Derived from VR130-01-2 § 12.10, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 13, Issue 23, eff. October 1, 1997; Volume 16, Issue 3, eff. December 1, 1999; Volume 18, Issue 7, eff. March 1, 2002; Volume 23, Issue 1, eff. February 1, 2007; Volume 26, Issue 4, eff. July 1, 2010; Volume 32, Issue 6, eff. January 1, 2016; repealed, Virginia Register Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-785 Notice of adverse action

A. A regulant must notify the board of the following actions against the regulant:

Any disciplinary action taken by any jurisdiction, board, or administrative body of competent jurisdiction, including any (i) reprimand; (ii) license or certificate revocation, suspension, or denial; (iii) monetary penalty; (iv) requirement for remedial education; or (v) other corrective action.
Any voluntary surrender of a related license, certificate, or registration done in connection with a disciplinary action in another jurisdiction.
Any conviction, finding of guilt, or plea of guilty, regardless of adjudication or deferred adjudication, in any jurisdiction of the United States of any (i) misdemeanor involving fraudulent or dishonest acts, sexual offense, non-marijuana drug distribution, or physical injury or relating to providing professional services or (ii) felony, there being no appeal pending therefrom or the time for appeal having lapsed. Review of convictions will be subject to the requirements of § 54.1-204 of the Code of Virginia.

B. The notice must be made to the board in writing within 30 days of the action. A copy of the order or other supporting documentation must accompany the notice.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 16, eff. May 1, 2026.

18VAC10-20-790 Prohibited acts

A license, certificate, or registration will not be sanctioned unless a majority of the eligible voting members of the entire board vote for the action. The board may discipline or sanction any regulant if the board finds that:

The license, certification, or registration was obtained or renewed through fraud or misrepresentation;
The regulant has been found guilty by a court of any material misrepresentation in the course of professional practice or has been convicted, pleaded guilty, or found guilty, regardless of adjudication or deferred adjudication, of any felony or non-marijuana misdemeanor that, in the judgment of the board, adversely affects the regulant's ability to perform satisfactorily within the regulated discipline. The board will review the conviction pursuant to the provisions of § 54.1-204 of the Code of Virginia;
The regulant has committed acts constituting professional incompetence or negligence, or involving dishonesty, fraud, misrepresentation, or breach of fiduciary duty related to the practice of the profession;
The regulant has abused drugs or alcohol to the extent that professional competence is adversely affected;
The regulant fails to comply, or misrepresents any information pertaining to compliance, with the requirements contained in this chapter;
The regulant violates or induces others to violate any provision of Chapter 7 (§ 13.1-542.1 et seq.) or 13 (§ 13.1-1100 et seq.) of Title 13.1, Chapters 1 (§ 54.1-100 et seq.) through 4 (§ 54.1-400 et seq.) of Title 54.1 of the Code of Virginia, or any other statute applicable to the practice of the professions regulated by this chapter;
The regulant has been disciplined by any county, city, town, state, or federal governing body. For purposes of this section, "discipline" means reprimand; civil or monetary penalty; probation, suspension, or revocation of a license; or cease and desist order. The board will review such discipline before taking any disciplinary action of its own; or
The regulant fails to notify the board within 30 days of having been disciplined by any county, city, town, state, or federal governing body as stipulated in subdivision 7 of this section.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from VR130-01-2 § 12.11, eff. October 18, 1985; amended, Virginia Register Volume 4, Issue 8, eff. March 1, 1988; Volume 6, Issue 20, eff. September 1, 1990; Volume 7, Issue 14, eff. May 8, 1991; Volume 8, Issue 7, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 13, Issue 23, eff. October 1, 1997; Volume 16, Issue 3, eff. December 1, 1999; Volume 23, Issue 1, eff. February 1, 2007; Volume 25, Issue 12, eff. April 1, 2009; Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; Volume 38, Issue 4, eff. December 1, 2021; Volume 42, Issue 16, eff. May 1, 2026; Errata, 42:23 VA.R. xxxx June 29, 2026.

18VAC10-20-795 Change of address

All regulants must notify the board of a change of mailing address on the designated address change form within 30 days of making the change. When submitting a change of address, regulants holding more than one license, certificate, or registration must inform the board of each affected by the change. A post office box will not be accepted in lieu of a physical address.

History

Statutory Authority: §§ 54.1-201 and 54.1-404 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 3, eff. December 1, 1999; amended, Virginia Register Volume 23, Issue 1, eff. February 1, 2007; Volume 32, Issue 6, eff. January 1, 2016; Volume 37, Issue 24, eff. September 2, 2021; Volume 42, Issue 16, eff. May 1, 2026.

Agency 15 Virginia Board For Asbestos, Lead, And Home Inspectors

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

18VAC15-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Virginia Board for Asbestos, Lead, and Home Inspectors. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

18VAC15-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Virginia Board for Asbestos, Lead, and Home Inspectors, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

Part II Notification of Interested Persons

18VAC15-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

18VAC15-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 18VAC15-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

Part III Public Participation Procedures

18VAC15-11-50 Public comment

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008; amended, Virginia Register Volume 33, Issue 7, eff. January 12, 2017.

18VAC15-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

18VAC15-11-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

18VAC15-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

18VAC15-11-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

18VAC15-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

18VAC15-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

Chapter 20 Virginia Asbestos Licensing Regulations [Repealed]

Part I Scope [Repealed]

18VAC15-20-10 (Repealed.)

History

Historical Notes: Derived from VR137-01-02 § 1.1, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; Volume 35, Issue 20, eff. September 1, 2019; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

Part II Definitions and General [Repealed]

18VAC15-20-20 (Repealed.)

History

Historical Notes: Derived from VR137-01-02 § 2.1, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; Volume 23, Issue 3, eff. December 1, 2006; Volume 35, Issue 20, eff. September 1, 2019; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-21 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-30 (Repealed.)

Historical Notes

Derived from VR137-01-02 § 3.1, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 23, Issue 3, eff. December 1, 2006.

Part III Entry [Repealed]

18VAC15-20-31 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 23, Issue 3, eff. December 1, 2006; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-32 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 23, Issue 3, eff. December 1, 2006; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-33 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 20, eff. Month September 1, 2019; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-33.1 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 20, eff. Month September 1, 2019; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-33.2 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 20, eff. Month September 1, 2019; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-34 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 23, Issue 3, eff. December 1, 2006; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-40 (Repealed.)

Historical Notes

Derived from VR137-01-02 § 3.2, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 23, Issue 3, eff. December 1, 2006.

18VAC15-20-50 (Repealed.)

Historical Notes

Derived from VR137-01-02 § 3.3, eff. September 1, 1994; amended, Virginia Register Volume 13, Issue 10, eff. April 1, 1997; Volume 16, Issue 11, eff. May 1, 2000; Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 23, Issue 3, eff. December 1, 2006.

Part IV Fees [Repealed]

18VAC15-20-51 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 23, Issue 3, eff. December 1, 2006; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-52 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 23, Issue 3, eff. December 1, 2006; amended, Virginia Register Volume 31, Issue 15, eff. May 1, 2015; Volume 35, Issue 20, eff. September 1, 2019; Volume 35, Issue 20, eff. September 1, 2019; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-53 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 23, Issue 3, eff. December 1, 2006; amended, Virginia Register Volume 31, Issue 15, eff. May 1, 2015; Volume 34, Issue 8, eff. February 1, 2018; Volume 35, Issue 20, eff. September 1, 2019; Volume 36, Issue 9, eff. February 1, 2020; Volume 37, Issue 14, effective April 1, 2021; Volume 39, Issue 12, eff. March 1, 2023; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

Part V Renewal [Repealed]

18VAC15-20-60 (Repealed.)

History

Historical Notes: Derived from VR137-01-02 § 3.4, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; Volume 23, Issue 3, eff. December 1, 2006; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-70 (Repealed.)

History

Historical Notes: Derived from VR137-01-02 § 3.5, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; Volume 23, Issue 3, eff. December 1, 2006; Volume 31, Issue 15, eff. May 1, 2015; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-80 (Repealed.)

Historical Notes

Derived from VR137-01-02 §§ 3.6, 4.1, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 23, Issue 3, eff. December 1, 2006.

18VAC15-20-100 (Repealed.)

Historical Notes

Derived from VR137-01-02 § 4.2, eff. September 1, 1994; repealed, Virginia Register Volume 18, Issue 6, eff. January 2, 2002.

18VAC15-20-101 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 18, Issue 6, eff. January 2, 2002 or from VR137-01-02 § 5.1, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 23, Issue 3, eff. December 1, 2006.

18VAC15-20-120 (Repealed.)

Historical Notes

Derived from VR137-01-02 §§ 5.2 to 5.4, eff. September 1, 1994; repealed, Virginia Register Volume 18, Issue 6, eff. January 2, 2002.

18VAC15-20-150 (Repealed.)

Historical Notes

Derived from VR137-01-02 § 5.5, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 23, Issue 3, eff. December 1, 2006.

18VAC15-20-160 (Repealed.)

Historical Notes

Derived from VR137-01-02 § 5.6, eff. September 1, 1994; repealed, Virginia Register Volume 18, Issue 6, eff. January 2, 2002.

18VAC15-20-250 (Repealed.)

Historical Notes

Derived from VR137-01-02 § 8.1, eff. September 1, 1994; derived from or amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 23, Issue 3, eff. December 1, 2006.

18VAC15-20-260 (Repealed.)

Historical Notes

Derived from VR137-01-02 § 9.1, eff. September 1, 1994; repealed, Virginia Register Volume 18, Issue 6, eff. January 2, 2002.

18VAC15-20-270 (Repealed.)

Historical Notes

Derived from VR137-01-02 § 9.2, eff. September 1, 1994; derived from or amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 23, Issue 3, eff. December 1, 2006.

18VAC15-20-280 (Repealed.)

Historical Notes

Derived from VR137-01-02 § 10.1, eff. September 1, 1994, repealed, Virginia Register Volume 18, Issue 6, eff. January 2, 2002.

18VAC15-20-290 (Repealed.)

Historical Notes

Derived from VR137-01-02 § 10.2, eff. September 1, 1994; derived or amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 23, Issue 3, eff. December 1, 2006.

18VAC15-20-300 (Repealed.)

Historical Notes

Derived from VR137-01-02 §§ 11.1 to 11.3, eff. September 1, 1994; repealed, Virginia Register Volume 18, Issue 6, eff. January 2, 2002.

18VAC15-20-330 (Repealed.)

Historical Notes

Derived from VR137-01-02 § 11.4, eff. September 1, 1994; derived from or amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 23, Issue 3, eff. December 1, 2006.

18VAC15-20-340 (Repealed.)

Historical Notes

Derived from VR137-01-02 §§ 12.1 to 12.3, eff. September 1, 1994; repealed, Virginia Register Volume 18, Issue 6, eff. January 2, 2002.

18VAC15-20-361 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 23, Issue 3, eff. December 1, 2006.

18VAC15-20-370 (Repealed.)

Historical Notes

Derived from VR137-01-02 §§ 12.4 to 12.6, eff. September 1, 1994; repealed, Virginia Register Volume 18, Issue 6, eff. January 2, 2002.

Part VI General Standards of Practice and Conduct [Repealed]

18VAC15-20-400 (Repealed.)

History

Historical Notes: Derived from VR137-01-02 § 13.1, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; Volume 23, Issue 3, eff. December 1, 2006; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-410 (Repealed.)

History

Historical Notes: Derived from VR137-01-02 § 13.2, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; Volume 23, Issue 3, eff. December 1, 2006; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-420 (Repealed.)

History

Historical Notes: Derived from VR137-01-02 § 13.3, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; Volume 23, Issue 3, eff. December 1, 2006; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-430 (Repealed.)

History

Historical Notes: Derived from VR137-01-02 § 13.4, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; Volume 23, Issue 3, eff. December 1, 2006; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-440 (Repealed.)

History

Historical Notes: Derived from VR137-01-02 § 13.5, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; Volume 23, Issue 3, eff. December 1, 2006; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-450 (Repealed.)

History

Historical Notes: Derived from VR137-01-02 § 13.6, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; Volume 23, Issue 3, eff. December 1, 2006; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

Part VII Standards of Practice and Conduct for Licensed Asbestos Contractors [Repealed]

18VAC15-20-451 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 18, Issue 6, eff. January 2, 2002; amended, Virginia Register Volume 23, Issue 3, eff. December 1, 2006; Volume 24, Issue 17, eff. August 1, 2008; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-452 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-453 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 18, Issue 6, eff. January 2, 2002; amended, Virginia Register Volume 23, Issue 3, eff. December 1, 2006; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-454 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 18, Issue 6, eff. January 2, 2002; amended, Virginia Register Volume 35, Issue 20, eff. September 1, 2019; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

Part VIII Standards of Practice and Conduct for Asbestos Project Monitors [Repealed]

18VAC15-20-455 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-455.1 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-456 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 20, eff. September 1, 2019; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-456.1 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 20, eff. September 1, 2019; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

Part IX Standards of Practice and Conduct for Asbestos Project Designers [Repealed]

18VAC15-20-457 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-458 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

Part X Standards of Practice and Conduct for Asbestos Inspectors and Management Planners [Repealed]

18VAC15-20-459 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-459.1 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

Part XI Standards of Practice and Conduct for Asbestos Analytical Laboratories [Repealed]

18VAC15-20-459.2 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-459.3 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-459.4 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-459.5 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-459.6 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 23, Issue 3, eff. December 1, 2006.

18VAC15-20-460 (Repealed.)

Historical Notes

Derived from VR137-01-02 § 14.1, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 23, Issue 3, eff. December 1, 2006.

Part XII Accredited Asbestos Training Program Standards of Practice and Conduct [Repealed]

18VAC15-20-461 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 23, Issue 3, eff. December 1, 2006; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-462 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 23, Issue 3, eff. December 1, 2006; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-463 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 23, Issue 3, eff. December 1, 2006; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-464 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 23, Issue 3, eff. December 1, 2006; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-470 (Repealed.)

History

Historical Notes: Derived from VR137-01-02 § 14.2, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; Volume 23, Issue 3, eff. December 1, 2006; Volume 31, Issue 15, eff. May 1, 2015; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-480 (Repealed.)

History

Historical Notes: Derived from VR137-01-02 § 14.3, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-490 (Repealed.)

History

Historical Notes: Derived from VR137-01-02 § 14.4, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-500 (Repealed.)

History

Historical Notes: Derived from VR137-01-02 § 14.5, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-510 (Repealed.)

Historical Notes

Derived from VR137-01-02 § 14.6, eff. September 1, 1994; repealed, Virginia Register Volume 18, Issue 6, eff. January 2, 2002.

18VAC15-20-511 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-520 (Repealed.)

History

Historical Notes: Derived from VR137-01-02 § 14.7, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; Volume 31, Issue 15, eff. May 1, 2015; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-530 (Repealed.)

History

Historical Notes: Derived from VR137-01-02 § 14.8, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-540 (Repealed.)

History

Historical Notes: Derived from VR137-01-02 § 14.9, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-550 (Repealed.)

History

Historical Notes: Derived from VR137-01-02 § 14.10, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-560 (Repealed.)

History

Historical Notes: Derived from VR137-01-02 § 14.11, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-570 (Repealed.)

History

Historical Notes: Derived from VR137-01-02 § 14.12, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-580 (Repealed.)

History

Historical Notes: Derived from VR137-01-02 § 14.13, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-590 (Repealed.)

History

Historical Notes: Derived from VR137-01-02 § 14.14, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-600 (Repealed.)

History

Historical Notes: Derived from VR137-01-02 § 14.15, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-610 (Repealed.)

History

Historical Notes: Derived from VR137-01-02 § 14.16, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-620 (Repealed.)

Historical Notes

Derived from VR137-01-02 §§ 15.1 to 15.8, eff. September 1, 1994; repealed, Virginia Register Volume 18, Issue 6, eff. January 2, 2002.

Part XIII Accredited Asbestos Training Program Standards [Repealed]

18VAC15-20-700 (Repealed.)

History

Historical Notes: Derived from VR137-01-02 § 16.1, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-710 (Repealed.)

History

Historical Notes: Derived from VR137-01-02 § 16.2, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-720 (Repealed.)

History

Historical Notes: Derived from VR137-01-02 § 16.3, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-730 (Repealed.)

History

Historical Notes: Derived from VR137-01-02 § 16.4, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-740 (Repealed.)

History

Historical Notes: Derived from VR137-01-02 § 16.5, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-750 (Repealed.)

History

Historical Notes: Derived from VR137-01-02 § 16.6, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-760 (Repealed.)

History

Historical Notes: Derived from VR137-01-02 § 16.7, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-770 (Repealed.)

History

Historical Notes: Derived from VR137-01-02 § 16.8, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-780 (Repealed.)

History

Historical Notes: Derived from VR137-01-02 § 16.9, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-790 (Repealed.)

History

Historical Notes: Derived from VR137-01-02 § 16.10, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-800 (Repealed.)

History

Historical Notes: Derived from VR137-01-02 § 16.11, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-810 (Repealed.)

History

Historical Notes: Derived from VR137-01-02 § 16.12, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-820 (Repealed.)

History

Historical Notes: Derived from VR137-01-02 § 16.13, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-830 (Repealed.)

History

Historical Notes: Derived from VR137-01-02 § 16.14, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-840 (Repealed.)

History

Historical Notes: Derived from VR137-01-02 § 16:15, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-850 (Repealed.)

History

Historical Notes: Derived from VR137-01-02 § 16.16, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-860 (Repealed.)

History

Historical Notes: Derived from VR137-01-02 § 16.17, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-870 (Repealed.)

History

Historical Notes: Derived from VR137-01-02 § 16.18, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-880 (Repealed.)

History

Historical Notes: Derived from VR137-01-02 § 16.19, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-20-890 (Repealed.)

Historical Notes

Derived from VR137-01-02 §§ 16.20 to 16.26, eff. September 1, 1994; amended, Virginia Register Volume 13, Issue 10, eff. April 1, 1997; Errata, 13:11 VA.R. 1219-1220 February 17, 1997; amended, Virginia Register Volume 16, Issue 11, eff. May 1, 2000; repealed, Virginia Register Volume 18, Issue 6, eff. January 2, 2002.

Chapter 21 Asbestos Licensing Regulations

Part I Definitions

18VAC15-21-10 Definitions

A. Section 54.1-500 of the Code of Virginia provides definitions of the following terms and phrases used in this chapter:

"Accredited asbestos training program"

"Asbestos"

"Asbestos analytical laboratory license"

"Asbestos-containing materials" or "ACM"

"Asbestos management plan"

"Asbestos project" or "asbestos abatement project"

"Asbestos supervisor"

"Board"

"Friable"

"Person"

"Principal instructor"

"Training manager"

B. The following words and terms when used in this chapter will have the following meanings unless the context clearly indicates otherwise:

"AAR" means the Asbestos Analysts Registry program offered by the AIHA Registry Programs.

"AAT" means Asbestos Analyst Testing.

"Accredited training program" means a profession-specific asbestos training program or course that is approved by the board and designated as either initial or refresher and is required under the MAP as issued under the Asbestos Hazard Emergency Response Act of 1986, 40 CFR Part 763, Subpart E; or an approved training course that has been approved by EPA or another state that has an EPA-approved MAP program.

"Address of record" means the address or email address designated by the regulant to receive notices and correspondence from the board.

"AHERA" means Asbestos Hazard Emergency Response Act, 40 CFR Part 763, Subpart E.

"AIHA" means American Industrial Hygiene Association.

"Applicant" means a person who has submitted an application to the board, but has not been granted a license or accreditation by the board.

"Application" means a completed board-prescribed form submitted with the appropriate fee and other required documentation.

"Approval letter" means a written notice confirming the firm or individual applicant's licensure or accreditation of a training program by the board.

"Asbestos contractor" means a person who contracts with another person for compensation to carry out an asbestos project or to perform any work on an asbestos project.

"Asbestos inspector" means an individual who conducts an asbestos inspection.

"Asbestos inspection" means an onsite investigation to determine the potential presence or exposure of ACM.

"Asbestos management planner" means any individual preparing or updating an asbestos management plan.

"Asbestos project design" means any work plan describing the construction of an asbestos abatement area, response action, or work practices to be utilized on an asbestos abatement project.

"Asbestos project designer" means an individual who designs or develops a design for an asbestos abatement project.

"Asbestos project monitor" means an individual who monitors or acts as a monitor of an asbestos abatement project.

"Asbestos worker" means an individual who works on an asbestos abatement project.

"ASHARA" means Asbestos School Hazard Abatement Reauthorization Act, 40 CFR Part 763, Subpart E.

"BAPAT" means the Bulk Asbestos Proficiency Analytical Testing Program of the AIHA Proficiency Analytical Testing Programs.

"Board-approved training course" means a training course that has been approved by the board to provide training for individuals who act as a project monitor.

"Department" means the Department of Professional and Occupational Regulation.

"Direct supervision" means exercising oversight, direction of, and control over the work of another.

"Employee" means an individual who has an employment relationship acknowledged by both the individual and the firm and is treated as an employee for the purposes of compliance with federal income tax laws.

"Encapsulation" means the treatment of ACM with a material that surrounds or embeds asbestos fibers in an adhesive matrix to prevent the release of fibers as the encapsulant creates a membrane over the surface (i.e., bridging encapsulant) or penetrates the material and binds its components together (i.e., penetrating encapsulant).

"Encasement" means any process by which an ACM is sprayed with an insulating sealer that is then mechanically fastened to the asbestos-covered substrate. The insulating sealer is then covered with a sealer to give structural strength and durability.

"Enclosure" means the construction or installation over or around the ACM of any leak-tight solid or flexible coverings that will not deteriorate or decompose for an extended period of time so as to conceal the ACM, contain ACM fibers, and render the ACM inaccessible.

"Environmental remediation activity" means any activity planned or carried out for the purpose of reducing or eliminating any environmental hazard, including activities necessary to train individuals in the proper or lawful conduct of such activities that are regulated by federal or state law or regulation.

"EPA" means U.S. Environmental Protection Agency.

"Financial interest" means financial benefit accruing to an individual or to a member of the individual's immediate family. Such interest exists by reason of (i) ownership in a business if the ownership exceeds 3.0% of the total equity of the business; (ii) annual gross income that exceeds or may be reasonably anticipated to exceed $2,000 from ownership in real or personal property or a business; (iii) salary, other compensation, fringe benefits, or benefits from the use of property paid or provided by a business that exceeds or may be reasonably expected to exceed $2,000 annually; or (iv) ownership of real or personal property if the interest exceeds $2,000 in value and excluding ownership in business, income, salary, other compensation, fringe benefits, or benefits from the use of property.

"Guest instructor" means an instructor who is invited to instruct a specific topic in an accredited asbestos training program and whose instruction is limited to two hours per day.

"Hands-on training" means the physical participation of students in an accredited asbestos training program. Physical participation includes mock activities specific to the license discipline.

"IHLAP" means the Industrial Hygiene Laboratory Accreditation Program of the AIHA Laboratory Accreditation Programs LLC.

"IHPAT" means the Industrial Hygiene Proficiency Analytical Testing Program of the AIHA Proficiency Analytical Testing Programs LLC.

"Immediate family" means (i) a spouse, (ii) a sibling or stepsibling, (iii) a parent or stepparent, (iv) a child or stepchild, or (v) any other person residing in the same household as the individual.

"Inspection" means an activity undertaken to determine the presence or location or to access the condition of friable or nonfriable ACM or suspected ACM, whether by visual or physical examination or by collecting samples of such material. This term includes reinspections of friable and nonfriable known or assumed ACM that has been previously identified. Inspection does not include the following:

Periodic surveillance of the type described in 40 CFR 763.92(b) solely for the purpose of recording or reporting a change in the condition of known or assumed ACM;
Inspections performed by employees or agents of federal, state, or local governments solely for the purpose of determining compliance with applicable statutes or regulations; or
Visual inspections solely for the purpose of determining completion of response actions.

"Instructor" means a person who instructs one or more accredited asbestos training programs, including the principal instructor, but excluding guest instructors.

"MAP" means the EPA Asbestos Model Accreditation Plan (Appendix C of 40 CFR Part 763, Subpart E).

"Monitor" means observing and reviewing the activities of an asbestos contractor on an asbestos abatement project, as required by this chapter, to determine whether proper work practices are used and compliance with all asbestos laws and regulations is maintained.

"NIOSH" means National Institute of Occupational Safety and Health.

"NVLAP" means the Asbestos Fiber Analysis Program of the National Institute of Standards and Technology National Voluntary Laboratory Accreditation Program.

"Occupied" means any area of any building designed or intended for human occupancy for any purpose.

"OSHA" means the U.S. Department of Labor Occupational Safety and Health Administration.

"PCM" means phase-contrast microscopy.

"PLM" means polarized light microscopy.

"Regulant" means an asbestos worker, asbestos supervisor, asbestos inspector, asbestos management planner, asbestos project designer, asbestos project monitor, asbestos contractor, or asbestos analytical laboratory that holds a license issued by the board, or an asbestos training program that has been accredited by the board.

"Removal" means the physical removal of ACM in accordance with all applicable regulations.

"Renovation" means altering in any way one or more facility components.

"Repair" means returning damaged ACM to an undamaged condition or to an intact state so as to prevent fiber release.

"Residential buildings" means site-built homes, modular homes, condominium units, mobile homes, manufactured housing, and duplexes or other multi-unit dwellings consisting of four units or fewer that are currently in use or intended for use only for residential purposes.

"Response action" means any method, including removal, encapsulation, enclosure, encasement, or operation and maintenance, that protects human health and the environment from ACM.

"Responsible individual" means the employee, officer, manager, owner, or principal of the firm who is designated by each firm to ensure compliance with Chapter 5 (§ 54.1-500 et seq.) of Title 54.1 of the Code of Virginia and all regulations of the board and to receive communications and notices from the board that may affect the firm.

"TEM" means transmission electron microscopy.

"Visual inspection" means a process of looking for conditions that, if not corrected during an asbestos abatement project, could result in residual asbestos-containing dust or debris. Visual inspection includes examination of an asbestos abatement project area prior to clearance air monitoring for evidence that the project has been successfully completed as indicated by the absence of residue, dust, and debris.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

Part II Entry

18VAC15-21-20 Application procedures

A. All applicants seeking licensure must submit an application with the appropriate fee specified in 18VAC15-21-180. Application must be made on forms provided by the board or the board's agent.

By submitting the application to the department, the applicant certifies that the applicant has read and understands the applicable statutes and the board’s regulations.
The receipt of an application and the deposit of fees by the department does not indicate approval of the application by the board.

C. The applicant will be notified if the application is incomplete. A person who fails to complete the application process within 12 months after the date the department receives the application must submit a new application and fee.

D. The applicant must immediately report all changes in information supplied with the application, if applicable, prior to issuance of the license or expiration of the application.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-30 General requirements for licensure: individuals

A. In addition to the specific qualifications for each license type, each applicant for individual licensure must meet the requirements provided in this section.

B. The applicant must disclose the applicant's full legal name.

C. The applicant must be at least 18 years of age.

D. The applicant must disclose the applicant's mailing address and email address. A post office box is only acceptable as a mailing address when a physical address is also provided.

E. In accordance with § 54.1-204 of the Code of Virginia, each applicant must disclose the following information:

All felony convictions.
All misdemeanor convictions related to environmental remediation activity.
All misdemeanor convictions, excluding marijuana convictions, that occurred within three years of the date of application.

The board, at its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

F. The applicant must report any action taken by any board or administrative body in any jurisdiction against a professional or occupational license, certification, or registration issued to the applicant, to include any suspension, revocation, or surrender of a license, certification, or registration; imposition of a monetary penalty; or requirement to take remedial education or other corrective action. The board, at its discretion, may deny licensure to any applicant for any prior action taken by any board or administrative body in any jurisdiction.

G. Applicants must be in compliance with the standards of practice and conduct set forth in Part VI (18VAC15-21-380 et seq.) and Part VII (18VAC15-21-460 et seq.) of this chapter at the time of application to the board, while the application is under review by the board, and at all times when the license is in effect.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-40 Application denial

A. The board may refuse initial licensure or accreditation due to an applicant's failure to comply with entry requirements or for any of the reasons for which the board may discipline a regulant.

B. The applicant has the right to request further review of any such action by the board under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-50 Qualifications for asbestos worker license

Each individual applying for an asbestos worker license must provide proof of successful completion of (i) an EPA-approved or board-approved initial accredited asbestos worker training program and all subsequent EPA-approved or board-approved accredited asbestos worker refresher training programs or (ii) an EPA-approved or board-approved initial accredited supervisor training program and all subsequent EPA-approved or board-approved accredited asbestos supervisor refresher training programs. The training certificate must indicate that the training was taken within 12 months preceding the date the department receives the application.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-60 Qualifications for asbestos supervisor license

A. Each individual applying for an asbestos supervisor license must:

Have a high school diploma or equivalent;
Provide proof of successful completion of an EPA-approved or board-approved initial accredited supervisor training program and all subsequent EPA-approved or board-approved accredited asbestos supervisor refresher training programs. The training certificate must indicate that the training was taken within 12 months preceding the date the department receives the application; and
Furnish acceptable documentation of three months of experience in asbestos abatement work.

B. The experience submitted pursuant to subsection A of this section must meet the requirements of 18VAC15-21-120.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-70 Qualifications for asbestos inspector license

A. Each individual applying for an asbestos inspector license must provide:

Proof of successful completion of an EPA-approved or board-approved initial accredited inspector training program and all subsequent EPA-approved or board-approved accredited asbestos inspector refresher training programs; and
Evidence of experience in performing asbestos inspections in buildings or industrial facilities, including collecting bulk samples, categorizing ACM, assessing ACM, and preparing inspection reports. The applicant must furnish acceptable documentation that one of the following qualifications has been met:

| Education | Experience | | --- | --- | | Acceptable master's or bachelor's degree program | Three months or performed a minimum of seven inspections | | Acceptable associate's degree program | Six months or performed a minimum of 10 inspections | | High school diploma or equivalent | 12 months or performed a minimum of 15 inspections |

B. The education submitted pursuant to subsection A of this section must meet the requirements of 18VAC15-21-110. The experience submitted pursuant to subsection A of this section must meet the requirements of 18VAC15-21-120.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-80 Qualifications for asbestos management planner license

A. Each individual applying for an asbestos management planner license must provide:

Proof of successful completion of (i) an EPA-approved or board-approved initial accredited management planner training program and all subsequent EPA-approved or board-approved accredited asbestos management planner refresher training programs and (ii) an EPA-approved or board-approved initial accredited inspector training program and all subsequent EPA-approved or board-approved accredited asbestos inspector refresher training programs; and
Evidence of experience evaluating inspection reports, selecting response actions, analyzing the cost of response actions, ranking response actions, preparing operations and maintenance plans, and preparing management plans. The applicant must furnish acceptable documentation that one of the following qualifications has been met:

| Education | Experience | | --- | --- | | Acceptable master's or bachelor's degree program | Three months or prepared a minimum of three management plans | | Acceptable associate's degree program | Six months or prepared a minimum of five management plans | | High school diploma or equivalent | 12 months or prepared a minimum of seven management plans |

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-90 Qualifications for asbestos project designer license

A. Each individual applying for an asbestos project designer license must provide:

Proof of successful completion of an EPA-approved or board-approved initial accredited project designer training program and all subsequent EPA-approved or board-approved accredited asbestos project designer refresher training programs; and
Evidence of experience in the preparation of project designs or project specifications. The applicant must furnish acceptable documentation that one of the following qualifications has been met:

| Education | Experience | | --- | --- | | Acceptable master's or bachelor's degree program | Three months or completed a minimum of five project designs | | Acceptable associate's degree program | Six months or completed a minimum of seven project designs | | High school diploma or equivalent | 12 months or completed a minimum of 10 project designs |

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-100 Qualifications for asbestos project monitor license

A. Each individual applying for an asbestos project monitor license must have a high school diploma or equivalent and provide:

Proof of (i) a current certification by EPA as an asbestos project designer or asbestos supervisor and successful completion of a board-approved asbestos project monitor training program of 16 hours, including the examination, or (ii) successful completion of a board-approved asbestos project monitor training program of 40 hours, including examination. Only project monitor training programs that are board approved will be accepted for meeting the training requirement; and
Evidence of 80 hours of experience in performing asbestos project monitoring through field work on project sites, of which at least 16 hours must be from OSHA Class I asbestos activities and at least 16 hours must be from OSHA Class II asbestos activities. This includes evaluating and monitoring asbestos work practices, collecting environmental asbestos air samples during abatement, performing visual inspections, and taking final air samples to grant clearance for asbestos abatement projects.

B. The experience submitted pursuant to subdivision A 2 of this section must meet the requirements of 18VAC15-21-120.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-110 Acceptable degree programs

A. Applicants seeking to qualify for licensure based on completion of an associate's, bachelor's, or master's degree must submit an official transcript from the school where the applicable degree was obtained. Only degrees from an accredited college or university that is approved or accredited by the Commission on Colleges of the Southern Association of Colleges and Schools, a regional or national accreditation association, or by an accrediting agency that is recognized by the U.S. Secretary of Education will be considered.

B. The following degrees will be considered to qualify in accordance with 18VAC15-21-70 A 2, 18VAC15-21-80 A 2, or 18VAC15-21-90 A 2:

Bachelor's or master's degree in engineering, architecture, industrial hygiene, environmental science or studies, or physical science;
Bachelor's degree in a related field that includes a minimum of 40 semester credit hours in any combination of science, technology, engineering and math;
Master's degree in a related field and a bachelor's degree in any major such that the combined degrees include a minimum of 40 semester credit hours in any combination of science, technology, engineering, and math; or
Associate's degree in engineering, architecture, industrial hygiene, environmental science or studies, or physical science, or a related field that includes a minimum of 20 credit hours in any combination of science, technology, engineering, and math.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-120 Experience used to qualify for licensure

A. Experience used to qualify for licensure in accordance with 18VAC15-21-60 A 3, 18VAC15-21-70 A 2, 18VAC15-21-80 A 2, 18VAC15-21-90 A 2, or 18VAC15-21-100 A 2 may be obtained by:

Working in the applicable profession in another state, provided such work complied with all federal, state, and local statutes.
Working in the applicable profession under the direct supervision of a properly licensed individual or EPA-certified individual where no license is required. All reports prepared by the unlicensed individual must be signed by the licensed or EPA-certified individual. The licensed or EPA-certified individual assumes responsibility for all work conducted and reports prepared, as applicable, by the unlicensed individual.

B. Experience used to qualify for licensure must be verified by a supervisor on a board-approved experience verification form signed by a supervisor verifying the applicant's experience. An applicant who is self-employed or otherwise unable to obtain a verifying signature for experience must submit five copies of the completed inspections, management plans, project designs, or project monitor reports, as applicable to the license sought.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-130 Individuals certified or licensed in another jurisdiction

A. The board may issue a license to an applicant who holds an equivalent and valid license or certificate in another state, the District of Columbia, or any other territory or possession of the United States, provided the requirements and standards under which the license or certificate was issued are substantially equivalent to those established in this chapter and related statutes. The applicant will only need to provide the most recent, current asbestos training program for the applicable license type.

B. In order to qualify in accordance with this section, the applicant must provide proof of a valid license or certificate in the other state acceptable to the board and must be in good standing by the issuing license or certification authority.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-140 Qualifications for asbestos contractor license

A firm that holds a valid contractor license issued by the Board for Contractors with an asbestos contracting specialty service designation in accordance with Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1 of the Code of Virginia and the regulations of the Board for Contractors is deemed qualified for an asbestos contractor license pursuant to Chapter 5 (§ 54.1-500 et seq.) of Title 54.1 of the Code of Virginia and this chapter. Upon verification of the firm's licensure with the Board for Contractors, the board will issue an asbestos contractor license to such firm for a license term that coincides with the license issued by the Board for Contractors.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-150 General qualifications for an asbestos analytical laboratory license

A. Each firm applying for an asbestos analytical laboratory license must meet the requirements of this section.

B. The applicant must disclose the name under which the firm conducts business and holds itself out to the public. In accordance with Chapter 5 (§ 59.1-69 et seq.) of Title 59.1 of the Code of Virginia, the firm must register any trade or fictitious names, when applicable, with the State Corporation Commission before submitting an application to the board.

C. The applicant must disclose the firm's mailing address , the firm's physical address , and the firm's email address.

D. In accordance with § 54.1-204 of the Code of Virginia, the applicant must disclose the following information about the firm and its owners, officers, managers, members, and directors, as applicable:

All felony convictions;
All misdemeanor convictions, except marijuana convictions, within the last three years; and
Any conviction involving environmental remediation activity that resulted in the significant harm or the imminent and substantial threat of significant harm to human health or the environment.

E. The board, at its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia. The applicant has the right to request further review of any such action by the board under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

F. The applicant must report any disciplinary action taken by any board or administrative body in any jurisdiction against a professional or occupational license, certification, or registration issued to the firm, its owners, officers, managers, members, or directors and, as applicable, any reprimand, suspension, revocation, or surrender of a license, certification, or registration, imposition of a monetary penalty, or requirement to take remedial education or other corrective action. The board, at its discretion, may deny licensure to any applicant based on disciplinary action taken by any board or administrative body in any jurisdiction.

G. The board may deny the application of an applicant who is shown to have a substantial identity of interest with a person whose license or certificate has been revoked or not renewed by the board. A substantial identity of interest includes (i) a controlling financial interest by the individual or corporate principals of the person whose license or certificate has been revoked or has not been renewed or (ii) substantially identical owners, officers, managers, members, or directors, as applicable.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-160 Qualifications for asbestos analytical laboratory analysis type

A. In addition to the requirements of 18VAC15-21-150, each applicant for an asbestos analytical laboratory license must submit evidence of meeting the standards to perform PLM, PCM, or TEM analysis.

For PLM analysis, one of the following:

a. Current NVLAP accreditation demonstrated by submittal of a copy of the most recent Certificate of Accreditation and Scope of Accreditation;

b. The asbestos analytical laboratory is currently rated "proficient" in the BAPAT Program; or

c. The asbestos analytical laboratory is currently accredited under the IHLAP.

For PCM analysis, each analyst must have completed the NIOSH 582 or NIOSH 582 Equivalency course. In addition, at least one of the following must be satisfied:

a. At fixed laboratory sites, one of the following qualifications must be met:

(1) The asbestos analytical laboratory is currently accredited under the IHLAP;

(2) The asbestos analytical laboratory is currently rated "proficient" in the IHPAT Program; or

(3) Each analyst is listed in the AAR and has a performance rating of "acceptable" for the most recent AAT round.

b. For onsite analysis, one of the following qualifications must be met:

(1) The asbestos analytical laboratory is currently rated "proficient" in the IHPAT Program;

(2) The asbestos analytical laboratory is currently accredited under the IHLAP; or

(3) Each analyst is listed in the AAR and has a performance rating of "acceptable" for the most recent AAT round.

For TEM analysis, a current accreditation by NVLAP to analyze asbestos airborne fibers using TEM as demonstrated by submitting a copy of the NVLAP Certificate of Accreditation and Scope of Accreditation.

B. The applicant must name a responsible individual for the asbestos analytical laboratory.

C. Any branch office of an asbestos analytical laboratory must complete a branch office application from the board. Each branch office will name a resident responsible individual at each branch office.

D. The branch office application must provide the information contained in subsection A of this section for the applicable branch office.

E. Any training and quality control documentation required to be maintained pursuant to this section must be provided to the board upon request.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

Part III Fees

18VAC15-21-170 General fee requirements

All fees are nonrefundable and will not be prorated. The date on which the fee is received by the department or the department's agent will determine whether the fee is on time.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-180 Application fees

Application fees are set out in this section.

| Fee Type | Fee Amount | When Due | | --- | --- | --- | | Application for worker, supervisor, inspector, management planner, project designer, or project monitor license | $80 | With application | | Application for asbestos analytical laboratory license | $120 | With application | | Application for asbestos analytical laboratory branch office | $100 | With application | | Application for an asbestos contractor license | $110 | With application | | Application for accredited asbestos training program approval | $500 per day of training | With application |

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-190 Renewal and late renewal fees

Renewal and late renewal fees are set out in this section.

| Fee Type | Fee Amount | When Due | | --- | --- | --- | | Renewal for worker, supervisor, inspector, management planner, project designer, or project monitor license | $45 | With renewal application | | Renewal for asbestos analytical laboratory license | $75 | With renewal application | | Renewal for asbestos analytical laboratory branch office | $55 | With renewal application | | Renewal for asbestos contractor license | $70 | With renewal application | | Renewal for accredited asbestos training program approval | $125 | With renewal application | | Late renewal for worker, supervisor, inspector, management planner, project designer, or project monitor license (includes a $35 late renewal fee in addition to the regular $45 renewal fee) | $80 | With renewal application | | Late renewal for asbestos analytical laboratory license (includes a $35 late renewal fee in addition to the regular $75 renewal fee) | $110 | With renewal application | | Late renewal for asbestos analytical laboratory branch office (includes $35 late renewal fee in addition to the regular $55 renewal fee) | $90 | With renewal application | | Late renewal for asbestos contractor license (includes $35 late renewal fee in addition to the regular $70 renewal fee) | $105 | With renewal application | | Late renewal for accredited asbestos training program approval (includes a $35 late renewal fee in addition to the regular $125 renewal fee) | $160 | With renewal application |

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

Part IV Renewal

18VAC15-21-200 Renewal required

A. Each individual asbestos license issued under this chapter will expire 12 months from the last day of the month in which it was issued.

B. Each asbestos analytical laboratory license issued under this chapter will expire 12 months from the last day of the month in which it was issued.

C. Each accredited asbestos training program approval issued under this chapter will expire 24 months from the last day of the month in which it was approved.

D. Each asbestos contractor license will expire on the expiration date of the corresponding contractor license issued by the Board for Contractors.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-210 Procedures for renewal

A. The department will send a renewal notice to each regulant at the address of record. Failure to receive the notice does not relieve the licensee or the accredited asbestos training program of the obligation to renew.

B. Prior to the license expiration, each licensed asbestos analytical laboratory desiring to renew the license must submit the appropriate fee specified in 18VAC15-21-190 to the department. A licensed asbestos analytical laboratory must also submit documentation that the laboratory continues to meet the requirements specified in 18VAC15-21-160 for the type of analysis the laboratory is licensed to perform.

C. Prior to the license expiration date, each licensed individual desiring to renew a license must provide evidence of meeting the annual refresher training requirement for license renewal and the appropriate fee specified in 18VAC15-21-190. The board will accept any asbestos training programs that are approved by EPA or the board. A copy of the training certificate documenting the successful completion of the refresher training for the license type being renewed and meeting the requirements outlined in this chapter must accompany the fee.

For renewal of an asbestos worker license, the board will accept evidence of completion of asbestos supervisor refresher training to satisfy the refresher training requirement.
For renewal of an asbestos management planner license, a management planner must complete both a management planner refresher training program and an inspector refresher training program.
For renewal of an asbestos project monitor license, the board will accept evidence of the following to satisfy the refresher training requirement:

a. For project monitors who also hold a valid Virginia asbestos supervisor or project designer license, completion of a supervisor refresher or project designer refresher, as is applicable to the EPA certification submitted for initial licensure as specified in 18VAC15-21-90; or

b. For project monitors who hold only a project monitor license, completion of a board-approved asbestos project monitor refresher training program to meet renewal requirements.

D. Prior to the approval letter expiration date, each accredited asbestos training program desiring to renew the approval must submit the appropriate fee specified in 18VAC-15-21-190.

E. Annual refresher training certificates will only be used once to renew an individual license.

F. Each license and each accredited asbestos training program approval that is not renewed within 30 days of the expiration date on the license or approval letter will be subject to late renewal fees as established in 18VAC15-21-190.

G. A firm with an asbestos contractor license must provide documentation that the corresponding contractor license issued by the Board for Contractors is current and valid. Upon verification of the firm's licensure with the Board for Contractors, the board will renew the asbestos contractor license for a license term that coincides with the license issued by the Board for Contractors.

H. Each license and each approved accredited asbestos training program that is not renewed within 12 months after the expiration date will not be renewed. The individual or firm must apply for a new license or approval and meet entry requirements current at the time the new application is submitted.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

Part V Approval of Training Programs and Courses

18VAC15-21-220 Application procedures for accredited asbestos training program approval

A. Training programs desiring board approval must meet the minimum requirements established in this chapter. Persons requesting approval as an accredited asbestos training program to prepare training program participants for licensure requirements must submit the appropriate application form along with the following:

Training provider's business name, physical address, mailing address, and telephone number.
Copies of documentation of approval of the asbestos training program issued by EPA or other states, if applicable.
Applicable fee specified in 18VAC15-21-180.
The training program curriculum.
A narrative explaining how the training program meets the requirements for approval in the following areas:

a. Length of training in hours.

b. Amount and type of hands-on training.

c. Examinations (length, format, and passing score).

d. Topics covered in the training program.

e. Assurances of test security and how exams are administered.

A copy of all training program materials, including student manuals, instructor notebooks, handouts, and training aids.
A copy of the examination used and applicable answer sheets.
The name and documentation of the qualifications of the training manager. The training manager employed by the applicant must meet the requirements of 18VAC15-21-230.
The names and documentation of the qualifications of each principal instructor and subject areas that each principal instructor will teach. Principal instructors must meet the requirements of 18VAC15-21-240.
An example of the completion certificate that will be issued to students who successfully complete the accredited asbestos training program.
A proposed training program date for auditing purposes. The proposed date will be confirmed or an alternate date will be proposed within 10 business days after receipt of a complete asbestos training program application.

B. An application must contain all information required by this section.

C. An application must be received by the department no less than 45 days prior to the requested audit date.

D. Upon receipt of an application, a preliminary review will be conducted to ensure compliance with this chapter. The applicant will be notified if the application is incomplete or is deficient. All deficiencies must be corrected prior to the onsite audit.

E. Upon completion of the preliminary review, the board will conduct an onsite audit. The applicant will be notified of any deficiencies identified during the audit. All deficiencies must be corrected prior to approval of the application.

F. Onsite audits are not required for final approval of asbestos courses with a primary location that is out of state, to be conducted solely out of state, so long as the course is currently approved by a MAP state. Proof of MAP state approval must be submitted with the application.

G. All training programs must have a monitored, final written examination.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-230 Training manager qualifications

An accredited asbestos training program must employ a training manager who:

Has a minimum of two years of experience in teaching adults; or
Has a minimum of three years of experience in the asbestos abatement industry.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-240 Principal instructor qualifications

A. An accredited asbestos training program must use principal instructors who:

Have a minimum of 24 hours of asbestos-specific training; and
Have a minimum of two years of experience in the asbestos abatement industry or a minimum of two years of experience in teaching adults.

B. Guest instructors are exempt from instructor qualifications and are limited to no more than two hours of training per day.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-250 Accredited asbestos training program requirements

In all of the accredited asbestos training program requirements, one day is equal to eight hours, inclusive of lunch and breaks.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-260 Initial worker training

A. An initial worker training program must last a minimum of four days. The worker training program must include lectures, demonstrations, at least 14 hours of hands-on training, a training program review, and an examination.

B. The worker training program must address the following topics:

Physical characteristics of asbestos.

a. Identification of asbestos.

b. Aerodynamic characteristics.

c. Typical uses and physical appearance.

d. A summary of abatement control options.

Potential health effects related to asbestos exposure.

a. The nature of asbestos-related diseases.

b. Routes of exposure, dose-response relationships, and the lack of a safe exposure level.

c. Synergism between cigarette smoking and asbestos exposure.

d. Latency period for disease.

Employee personal protective equipment.

a. Classes and characteristics of respirator types.

b. Limitations of respirators and proper selection, inspection, donning, use, maintenance, and storage procedures.

c. Methods for field testing of the facepiece-to-face seal (e.g., positive and negative pressure fitting tests).

d. Qualitative and quantitative fit testing procedures.

e. Variability between field and laboratory protection factors.

f. Factors that alter respirator fit (e.g., facial hair).

g. The components of a proper respiratory protection program.

h. Selection and use of personal protective clothing and use, storage, and handling of nondisposable clothing.

i. Regulations covering personal protective equipment.

State-of-the-art work practices.

a. Asbestos abatement activities, including descriptions of construction and maintenance of barriers and decontamination enclosure systems.

b. Positioning of warning signs.

c. Electrical and ventilation system lock-out.

d. Working techniques for minimizing fiber release, use of wet methods, use of negative pressure ventilation equipment, and use of high efficiency particulate air (HEPA) vacuums.

e. Clean-up and disposal procedures.

f. Work practices for removal, encapsulation, enclosure, and repair.

g. Emergency procedures for sudden releases.

h. Potential exposure situations and transport and disposal procedures.

i. Recommended and prohibited work practices.

Personal hygiene.

a. Entry and exit procedures for the work area, use of showers, avoidance of eating, drinking, smoking, and chewing (gum or tobacco) in the work area.

b. Potential exposures, including family exposure.

Additional safety hazards.

a. Hazards encountered during abatement activities, including electrical hazards, heat stress, air contaminants other than asbestos, fire, and explosion hazards, and how to deal with them.

b. Scaffold and ladder hazards.

c. Slips, trips, and falls.

d. Confined spaces.

Medical monitoring.

a. OSHA requirements for a pulmonary function test.

b. Chest X-rays and a medical history for each employee.

Air monitoring.

a. Procedures to determine airborne concentrations of asbestos fibers.

b. Focusing on how personal air sampling is performed and the reasons for it.

Relevant federal, state, and local regulatory requirements, procedures, and standards, with particular attention directed at relevant EPA, OSHA, and state regulations concerning asbestos abatement workers and Department of Transportation regulations (49 CFR 172 Subpart H), with emphasis on packaging requirements and marking of containers of ACM waste.
Establishment of respiratory protection programs.
Training program review. A review of key aspects of the accredited asbestos training program.

C. Upon completion of the worker training program, the training program must administer a closed-book examination. Each examination must cover the topics required by this section.

Each examination must have 50 multiple choice questions.
The passing score on the examination must be 70%.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-270 Worker refresher training program

A. A worker refresher training program must be at least one day. The worker refresher training program must review federal and state regulations and discuss changes to the regulations, if applicable, and developments in state-of-the-art procedures. A review of the following topics from the initial worker training program must be included in the worker refresher training program:

Potential health effects related to asbestos exposure;
Employee personal protective equipment;
Personal hygiene; and
Additional safety hazards.

B. A written closed-book examination must be included in the refresher training program. The examination will consist of no fewer than 50 questions. The passing score will be 70% correct. Persons who pass the examination and fulfill the training program requirements will receive a certificate of completion as specified in this chapter.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-280 Initial supervisor training

A. An initial supervisor training program must last a minimum of five days. The supervisor training program must include lectures; demonstrations; at least 14 hours of hands-on training, which must permit supervisors to have actual experience performing tasks associated with asbestos abatement; a training program review; and an examination.

B. The supervisor training program must address the following topics:

The role of the supervisor in the asbestos abatement process.
The physical characteristics of asbestos and asbestos-containing materials.

a. Identification of asbestos.

b. Aerodynamic characteristics.

c. Typical uses and physical appearance.

d. A review of hazard assessment considerations.

e. A summary of abatement control options.

Potential health effects related to asbestos exposure.

a. The nature of asbestos-related diseases.

b. Routes of exposure, dose-response relationships, and the lack of a safe exposure level.

c. Synergism between cigarette smoking and asbestos exposure.

d. Latency period for disease.

Employee personal protective equipment.

a. Classes and characteristics of respirator types.

b. Limitations of respirators and proper selection, inspection, donning, use, maintenance, and storage procedures.

c. Methods for field testing of the facepiece-to-face seal (e.g., positive and negative pressure fitting tests).

d. Qualitative and quantitative fit testing procedures.

e. Variability between field and laboratory protection factors.

f. Factors that alter respirator fit (e.g., facial hair).

g. The components of a proper respiratory protection program.

h. Selection and use of personal protective clothing and use, storage, and handling of nondisposable clothing.

i. Regulations covering personal protective equipment.

State-of-the-art work practices.

a. Work practices for asbestos abatement activities, including descriptions of proper construction and maintenance of barriers and decontamination enclosure systems.

b. Positioning of warning signs.

c. Electrical and ventilation system lock-out.

d. Working techniques for minimizing fiber release, use of wet methods, use of negative pressure ventilation equipment, and use of high efficiency particulate air (HEPA) vacuums.

e. Clean-up and disposal procedures.

f. Work practices for removal, encapsulation, encasement, enclosure, and repair.

g. Emergency procedures for sudden releases.

h. Potential exposure situations.

i. Transport and disposal procedures.

j. Recommended and prohibited work practices.

k. Discussion of new abatement-related techniques and methodologies.

Personal hygiene.

a. Entry and exit procedures for the work area; use of showers; and avoidance of eating, drinking, smoking, and chewing (gum or tobacco) in the work area.

b. Potential exposures, such as family exposure, must also be included.

Additional safety hazards.

a. Hazards encountered during abatement activities, including electrical hazards, heat stress, air contaminants other than asbestos, fire, and explosion hazards, and how to deal with them.

b. Scaffold and ladder hazards.

c. Slips, trips, and falls.

d. Confined spaces.

Medical monitoring. OSHA requirements for a pulmonary function test, chest X-rays, and a medical history for each employee.
Air monitoring.

a. Procedures to determine airborne concentration of asbestos fibers, including a description of aggressive sampling, sampling equipment, and methods.

b. Reasons for air monitoring.

c. Types of samples and interpretation of results, specifically from analysis performed by polarized light, phase-contrast, and electron microscopy analyses.

Relevant federal, state, and local regulatory requirements, procedures, and standards, including:

a. Requirements of Title II (§ 2641 et seq.) of the Toxic Substance Control Act (15 USC § 2601 et seq.);

b. 40 CFR Part 61, National Emission Standards for Hazardous Air Pollutants, Subparts A (General Provisions) and M (National Emission Standards for Asbestos);

c. OSHA Standards for Respiratory Protection (29 CFR 1910.134);

d. OSHA Asbestos Construction Standard (29 CFR 1926.1101);

e. EPA Worker Protection Rule, 40 CFR Part 763, Subpart G;

f. Requirements for Asbestos-Containing Waste Materials, 9VAC20-81-620; and

g. Department of Transportation regulations (49 CFR Part 172, Subpart H) covering packaging, proper marking of shipping containers, and shipping papers.

A review of NESHAP guidance documents.

a. Common Questions on the asbestos NESHAP.

b. Asbestos NESHAP: Regulated Asbestos Containing Materials Guidance (EPA 340/1-90-018).

c. Asbestos NESHAP: Adequately Wet Guidance (EPA 340/1-90-019).

d. Reporting and Record Keeping Requirements for Waste Disposal: A Field Guide (EPA 340/1-90-016).

Respiratory protection programs and medical surveillance programs.
Insurance and liability issues.

a. Contractor issues, workers' compensation coverage, and exclusions.

b. Third-party liabilities and defenses.

c. Insurance coverage and exclusions.

Recordkeeping for asbestos abatement projects:

a. Records required by federal, state, and local regulations.

b. Records recommended for legal and insurance purposes.

Supervisory techniques for asbestos abatement activities. Supervisory practices to enforce and reinforce the required work practices and to discourage unsafe work practices.
Contract specifications. Discussions of key elements that are included in contract specifications.
Training program review. A review of key aspects of the accredited asbestos training program.

C. Upon completion of the supervisor training program, the training program must administer a closed-book examination. Each examination must cover the topics required by this section.

Each examination must have 100 multiple choice questions.
The passing score on the examination must be 70%.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-290 Supervisor refresher training program

A. A supervisor refresher training program must be one day. The supervisor refresher training program must review federal and state regulations, discuss changes to the regulations, if applicable, and developments in state-of-the-art procedures. A review of the following topics from the initial accredited asbestos training program must be included in the asbestos supervisor refresher training program:

Potential health effects related to asbestos exposure;
Employee personal protective equipment, including medical monitoring and respiratory protection program;
Additional safety hazards and medical monitoring;
Review of the asbestos NESHAP, OSHA, and Department of Transportation requirements; and
Review of Virginia regulations concerning asbestos licensing, removal, and disposal.

B. A written closed-book examination must be included in the refresher training program. The examination will consist of no fewer than 50 questions. The passing score will be 70% correct. Persons who pass the refresher training program examination will receive a certificate of completion as specified in this chapter.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-300 Initial inspector training

A. An initial inspector training program must last a minimum of three days. The inspector training program must include lectures, demonstrations, at least four hours of hands-on training, a training program review, and an examination.

B. The inspector training program must address the following topics:

Training program overview.

a. The role of the inspector in the asbestos abatement industry.

b. A discussion of inspection requirements and criteria for AHERA, NESHAP, and state agencies.

Background information on asbestos.

a. Identification of asbestos and examples and discussion of the uses and locations of asbestos in buildings.

b. Physical appearance of asbestos.

Potential health effects related to asbestos exposure.

a. The nature of asbestos-related diseases.

b. Routes of exposure, dose-response relationships, and the lack of a safe exposure level.

c. The synergism between cigarette smoking and asbestos exposure.

d. Latency period for asbestos-related diseases and a discussion of the relationship of asbestos exposure to asbestosis, lung cancer, mesothelioma, and cancer of other organs.

Functions of and qualifications for inspectors.

a. Discussions of prior experience and qualifications for inspectors and management planners.

b. Discussions of the functions of an accredited inspector as compared to those of an accredited management planner.

c. Discussion of the inspection process, including inventory of ACM and physical assessment.

Legal liabilities and defenses.

a. Responsibilities of the inspector, a discussion of comprehensive general liability policies, claims made and occurrence policies, environment and pollution liability policy clauses; state liability insurance requirements.

b. Bonding and relationship of insurance availability to bond availability.

Understanding building systems.

a. The relationship between building systems, including an overview of common building physical plan layout; heat, ventilation, and air conditioning (HVAC) system types; physical organization; and where asbestos is found on HVAC components.

b. Building mechanical systems, including types and organization and where to look for asbestos on such systems.

c. Inspecting electrical systems, including appropriate safety precautions.

d. Reading building plans and as-built drawings.

Public, employee, and building occupant relations.

a. Notification of employee organizations about the inspection.

b. Signs to warn building occupants.

c. Tactics in dealing with occupants and the press.

d. Scheduling inspections to minimize disruptions.

e. Education of building occupants about actions being taken.

Pre-inspection planning and review of previous inspection records.

a. Scheduling the inspection and obtaining access.

b. Building record review and identification of probable homogeneous areas from building plans or as-built drawings.

c. Consultation with maintenance or building personnel.

d. Review of previous inspection, sampling, and abatement records of a building.

e. The role of the inspector in exclusions for previously performed inspections.

Inspection for friable and nonfriable ACM and assessment of the condition of friable ACM.

a. Procedures to follow in conducting visual inspections for friable and nonfriable ACM.

b. Types of building materials that may contain asbestos.

c. Touching materials to determine friability.

d. Open return air plenums and their importance in HVAC systems.

e. Assessing damage, significant damage, potential damage, and potential significant damage.

f. Amount of suspected ACM, both in total quantity and as a percentage of the total area.

g. Type of damage.

h. Accessibility.

i. Material's potential for disturbance.

j. Known or suspected causes of damage or significant damage, and deterioration as assessment factors.

Bulk sampling and documentation of asbestos in schools.

a. Detailed discussion of the "Simplified Sampling Scheme for Friable Surfacing Materials" (EPA 560/5-85-030a October 1985).

b. Techniques to ensure sampling in a randomly distributed manner for other than friable surfacing materials.

c. Techniques for bulk sampling.

d. Sampling equipment the inspector should use.

e. Patching or repair of damage done in sampling; an inspector's repair kit.

f. Discussion of polarized light microscopy.

g. Choosing an accredited laboratory to analyze bulk samples.

h. Quality control and quality assurance procedures.

Inspector respiratory protection and equipment.

a. Classes and characteristics of respirator types.

b. Limitations of respirators.

c. Selection, inspection, donning, use, maintenance, and storage procedures for respirators.

d. Methods for field testing of the facepiece-to-face seal (e.g., positive and negative pressure fitting tests); qualitative and quantitative fit testing procedures.

e. Variability between field and laboratory protection factors.

f. Factors that alter respirator fit (e.g., facial hair).

g. The components of a proper respiratory protection program.

h. Selection and use of personal protective clothing.

i. Use, storage, and handling of nondisposable clothing.

Recordkeeping and writing the inspection report.

a. Labeling of samples and keying sample identification to sampling location.

b. Recommendations on sample labeling.

c. Detailing of ACM inventory.

d. Photographs of selected sampling areas and examples of ACM condition.

e. Information required for inclusion in the management plan by § 203(i)(1) of the Toxic Substance Control Act (15 USC § 2601 et seq.).

Regulatory review.

a. EPA Worker Protection Rule found at 40 CFR Part 763, Subpart G.

b. Title II (§ 2641 et seq.) of the Toxic Substances Control Act.

c. OSHA Asbestos Construction Standard (29 CFR 1926.1101).

d. OSHA respirator requirements (29 CFR 1910.134).

e. The friable ACM in Schools Rule found at 40 CFR Part 763, Subpart F.

f. Applicable state and local regulations.

g. Differences in federal and state requirements, where they apply, and the effects, if any, on public and nonpublic schools and commercial and public buildings.

Field trip.

a. Field exercise with a walk-through inspection.

b. Onsite discussion of information gathering and determination of sampling locations.

c. Onsite practice in physical assessment.

d. Classroom discussion of field exercise.

Training program review. A review of key aspects of the accredited asbestos training program.

C. Upon completion of the inspector training program, the training program must administer a closed-book examination. Each examination must cover the topics required by this section.

Each examination must have 100 multiple choice questions.
The passing score on the examination must be 70%.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-310 Inspector refresher training program

A. An inspector refresher training program must be one-half day. The inspector refresher training program must review federal and state regulations, discuss changes to the regulations, if applicable, and review developments in state-of-the-art procedures. A review of the following topics from the initial accredited asbestos training program must be included in the accredited asbestos inspector refresher training program:

Inspection for friable and nonfriable ACM and assessment of the condition of friable ACM;
Bulk sampling and documentation of asbestos in schools; and
Reinspection and reassessment techniques.

B. A written closed-book examination will be administered covering the topics included in the asbestos inspector refresher training program. The examination will consist of no fewer than 50 questions. The passing score will be 70% correct. Persons who pass the asbestos inspector refresher training program examination will receive a certificate of completion as specified in this chapter.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-320 Initial management planner training

A. An initial management planner training program must last a minimum of two days. The management planner training program must include lectures, demonstrations, a training program review, and an examination.

B. The management planner training program must address the following topics:

Training program overview.

a. The role of the management planner.

b. Operations and maintenance programs.

c. Setting work priorities; protection of building occupants.

Evaluation and interpretation of survey results.

a. Review of Title II (§ 2641 et seq.) of the Toxic Substances Control Act (15 USC § 2601 et seq.) requirements for inspection and management plans as given in § 203(i)(1) of the Toxic Substances Control Act.

b. Summarized field data and laboratory results; comparison between field inspector's data sheet with laboratory results and site survey.

Hazard assessment.

a. Amplification of the difference between physical assessment and hazard assessment.

b. The role of the management planner in hazard assessment.

c. Explanation of significant damage, damage, potential damage, and potential significant damage and use of a description or decision tree code for assessment of ACM; assessment of friable ACM.

d. Relationship of accessibility, vibration sources, use of adjoining space, air plenums, and other factors to hazard assessment.

Legal implications.

a. Liability; insurance issues specific to management planners.

b. Liabilities associated with interim control measures, in-house maintenance, repair, and removal.

c. Use of results from previous inspections.

Evaluation and selection of control options.

a. Overview of encapsulation, enclosure, interim operations and maintenance, and removal; advantages and disadvantages of each method.

b. Response actions described via a decision tree or other appropriate method; work practices for each response action.

c. Staging and prioritizing of work in both vacant and occupied buildings.

d. The need for containment barriers and decontamination in response actions.

Role of other professionals.

a. Use of industrial hygienists, engineers, and architects in developing technical specifications for response actions.

b. Any requirements that may exist for an architect to sign off on plans.

c. Team approach to the design of high-quality job specifications.

Developing an operations and maintenance (O&M) plan.

a. Purpose of the plan.

b. Discussion of applicable EPA guidance documents.

c. What actions should be taken by custodial staff; proper cleaning procedures; steam cleaning and high efficiency particulate air (HEPA) vacuuming.

d. Reducing disturbance of ACM.

e. Scheduling O&M for off-hours; rescheduling or canceling renovation in areas with ACM.

f. Boiler room maintenance.

g. Disposal of ACM.

h. In-house procedures for ACM, including bridging and penetrating encapsulants, pipe fittings, metal sleeves, polyvinyl chloride (PVC), canvas, and wet wraps; muslin with straps; fiber mesh cloth; mineral wool; and insulating cement.

i. Discussion of employee protection programs and staff training.

j. Case study in developing an O&M plan (development, implementation process, and problems that have been experienced).

Recordkeeping for the management planner.

a. Use of field inspector's data sheet along with laboratory results.

b. Ongoing recordkeeping as a means to track asbestos disturbance.

c. Procedures for recordkeeping.

Assembling and submitting the management plan.

a. Plan requirements in § 203(i)(1) of the of the Toxic Substances Control Act.

b. The management plan as a planning tool.

Financing abatement actions.

a. Economic analysis and cost estimates.

b. Development of cost estimates.

c. Present costs of abatement versus future operations and maintenance costs.

d. Asbestos School Hazard Abatement Act grants and loans.

A review of key aspects of the accredited asbestos training program.

C. Upon completion of the management planner training program, the training program must administer a closed-book examination. Each examination must cover the topics required by this section.

Each examination must have 100 multiple choice questions.
The passing score on the examination must be 70%.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-330 Management planner refresher training program

A. A management planner refresher training program must be one-half day and review federal and state regulations, discuss changes, if applicable, and review developments in state-of-the-art procedures. A review of the following topics from the initial accredited asbestos management planner training program must be included in the asbestos management planner refresher training program:

Evaluation and interpretation of survey results;
Hazard assessment;
Evaluation and selection of control options; and
Developing an operations and maintenance plan.

B. A written closed-book examination will be administered covering the topics included in the asbestos management planner refresher training program. The examination will consist of no fewer than 50 questions. The passing score will be 70% correct. Persons who pass the asbestos management planner refresher training program examination will receive a certificate of completion as specified in this chapter.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-340 Initial project designer training

A. An initial project designer training program must last a minimum of three days. The project designer training program must include lectures, demonstrations, a field trip, a training program review, and an examination.

B. The project designer training program must address the following topics:

Training program overview.

a. The role of the project designer in the asbestos abatement industry.

b. Discussion of what a project design is.

Background information on asbestos.

a. Identification of asbestos and examples and discussion of the uses and locations of asbestos in buildings.

b. Physical appearance of asbestos.

Potential health effects related to asbestos exposure.

a. Nature of asbestos-related diseases.

b. Routes of exposure, dose-response relationships, and the lack of a safe exposure level.

c. The synergistic effect between cigarette smoking and asbestos exposure.

d. The latency period of asbestos-related diseases; discussion of the relationship between asbestos exposure and asbestosis, lung cancer, mesothelioma, and cancer of other organs.

Overview of abatement construction projects.

a. Abatement as a portion of a renovation project.

b. OSHA requirements for notification of other contractors on a multi-employer site (29 CFR 1926.1101).

Safety system design specifications.

a. Construction and maintenance of containment barriers and decontamination enclosure systems.

b. Positioning of warning signs.

c. Electrical and ventilation system lock-out.

d. Proper working techniques for minimizing fiber release.

e. Entry and exit procedures for the work area, use of wet methods, use of negative pressure exhaust ventilation equipment, use of high efficiency particulate air (HEPA) vacuums, proper clean-up and disposal of asbestos, work practices as they apply to encapsulation, enclosure, and repair, use of glove bags, and a demonstration of glove bag use.

Field trip.

a. Visit a proposed abatement site or other suitable building site, including onsite discussions of abatement design.

b. Building walk-through inspection, and discussion following the walk-through.

Employee personal protective equipment.

a. Classes and characteristics of respirator types.

b. Limitations of respirators, proper selection, inspection, donning, use, maintenance, and storage procedures.

c. Methods for field testing of the facepiece-to-face seal (e.g., positive and negative pressure fitting tests).

d. Qualitative and quantitative fit testing procedures.

e. Variability between field and laboratory protection factors and factors that alter respirator fit (e.g., facial hair).

f. Components of a proper respiratory protection program.

g. Selection and use of personal protective clothing and use, storage, and handling of nondisposable clothing.

h. Regulations covering personal protective equipment.

Additional safety hazards.

a. Hazards encountered during abatement activities and how to deal with them.

b. Electrical hazards, heat stress, air contaminants other than asbestos, fire, and explosion hazards.

Fiber aerodynamics and control.

a. Aerodynamic characteristics of asbestos fibers.

b. Importance of proper containment barriers.

c. Settling time for asbestos fibers.

d. Wet methods in abatement.

e. Aggressive air monitoring following abatement.

f. Aggressive air movement and negative pressure exhaust ventilation as a clean-up method.

Designing abatement solutions.

a. Discussions of removal, enclosure, and encapsulation methods.

b. Asbestos waste disposal.

Budgeting and cost estimation.

a. Development of cost estimates.

b. Present costs of abatement versus future operations and maintenance costs.

c. Setting priorities for abatement jobs to reduce cost.

Writing abatement specifications.

a. Means and methods specifications versus performance specifications.

b. Design of abatement in occupied buildings.

c. Modification of guide specifications to a particular building.

d. Worker and building occupant health and medical considerations.

e. Replacement of ACM with non-asbestos substitutes.

f. Clearance of work area after abatement.

g. Air monitoring for clearance.

Preparing abatement drawings.

a. Use of as-built drawings.

b. Use of inspection photographs and onsite reports.

c. Particular problems in abatement drawings.

Contract preparation and administration.
Legal, liabilities, and defenses.

a. Insurance considerations, bonding, hold harmless clauses, and use of abatement contractor's liability insurance.

b. Claims-made versus occurrence policies.

Replacement of asbestos with asbestos-free substitutes.
Role of other consultants.

a. Development of technical specification sections by industrial hygienists or engineers.

b. The multi-disciplinary team approach to abatement design.

c. The use and responsibilities of a project monitor on the abatement site.

Occupied buildings.

a. Special design procedures required in occupied buildings.

b. Education of occupants.

c. Extra monitoring recommendations.

d. Staging of work to minimize occupant exposure.

e. Scheduling of renovation to minimize exposure.

Relevant federal, state, and local regulatory requirements. Procedures and standards including:

a. Requirements of Title II (§ 2641 et seq.) of the Toxic Substances Control Act (15 USC § 2601 et seq.);

b. 40 CFR Part 61, National Emission Standards for Hazardous Air Pollutants, Subparts A (General Provisions) and M (National Emission Standard for Asbestos);

c. OSHA standards for respiratory protection (29 CFR 1910.134);

d. EPA Worker Protection Rule, found at 40 CFR Part 763, Subpart G;

e. OSHA Asbestos Construction Standard found at 29 CFR 1926.1101; and

f. OSHA Hazard Communication Standard found in 29 CFR 1926.59.

A review of key aspects of the accredited asbestos training program.

C. Upon completion of the project designer training program, the training program must administer a closed-book examination. Each examination must cover the topics required by this section.

Each examination must have 100 multiple choice questions.
The passing score on the examination must be 70%.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-350 Project designer refresher training program

A. A project designer refresher training program must be one day. The project designer refresher training program must review federal and state regulations, discuss changes to the regulations, if applicable, and review developments in state-of-the-art procedures. A review of the following topics from the initial project designer training program must be included in the accredited asbestos project designer refresher training program:

Safety system design specifications;
Writing abatement specifications; and
Employee personal protective equipment.

B. A written closed-book examination will be administered covering the topics included in the asbestos project designer refresher training program. The examination will consist of no fewer than 50 questions. The passing score will be 70% correct. Persons who pass the asbestos project designer refresher training program will receive a certificate of completion as specified in this chapter.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-360 Initial project monitor training

A. An initial comprehensive project monitor training program must last a minimum of five days. The project monitor training program must include lectures; demonstrations; at least six hours of hands-on training, which must permit project monitors the experience of performing actual tasks associated with asbestos project monitoring; a field trip; a training program review; and an examination.

B. A comprehensive initial project monitor training program must address the following topics:

The physical characteristics of asbestos and asbestos-containing materials.

a. Identification of asbestos.

b. Typical uses and locations in buildings and physical appearance.

c. A review of hazard assessment control options.

d. A summary of abatement control options.

Potential health effects related to asbestos exposure.

a. The nature of asbestos-related diseases.

b. Routes of exposure, dose-response relationships, and the lack of a safe exposure level.

c. Synergism between cigarette smoking and asbestos exposure.

d. Latency period for disease; discussion of the relationship between asbestos exposure and asbestosis, lung cancer, mesothelioma, and cancer of the other organs.

Employee personal protective equipment.

a. Classes and characteristics of respirator types.

b. Limitations of respirators and proper selection, inspection, donning, use, maintenance, and storage procedures.

c. Methods for field testing of the facepiece-to-face seal (e.g., positive and negative pressure fitting tests).

d. Qualitative and quantitative fit testing procedures.

e. Variability between field and laboratory protection factors.

f. Factors that alter respirator fit (e.g., facial hair).

g. The components of a proper respiratory protection program.

h. Selection and uses of personal protective clothing; use, storage, and handling of nondisposable clothing.

i. Regulations covering personal protection equipment.

State of the art work practices.

a. Work practices for asbestos abatement activities, including description of proper construction and maintenance barriers and decontamination enclosure systems.

b. Positioning of warning signs.

c. Electrical and ventilation system lock-out.

d. Working techniques for minimizing fiber release, use of wet methods, use of negative pressure ventilation equipment, and use of high efficiency particulate air (HEPA) vacuums. Entry and exit procedures for work area.

e. Clean-up and disposal procedures.

f. Work practices for removal, encapsulation, enclosure, and repair. Use of glove bags and a demonstration of glove bag use.

g. Emergency procedures for sudden release.

h. Potential exposure situations.

i. Transport and disposal procedures.

j. Recommended and prohibited work practices.

k. Discussion of new abatement related techniques and methodologies.

Personal hygiene.

a. Entry and exit procedures for the work area; use of showers; avoidance of eating, drinking, smoking, and chewing (gum or tobacco) in the work area.

b. Potential exposures, such as family exposure, must also be included.

Additional safety hazards as covered in 29 CFR Parts 1910 and 1926 to include:

a. Hazards encountered during the abatement activities and how to deal with them, including electrical hazards, heat stress, air contaminants other than asbestos, fire, and explosion hazards;

b. Scaffold and ladder hazards;

c. Slips, trips, and falls; and

d. Confined spaces.

Medical monitoring. OSHA requirements for a pulmonary function test, chest X-rays, and a medical history for each employee.
Respiratory protection programs and medical surveillance programs.
Insurance and liability issues:

a. Contractor issues, workers' compensation coverage, and exclusions.

b. Third-party liabilities and defenses.

c. Insurance coverage and exclusions.

Relevant federal, state, and local regulatory requirements, procedures, and standards, including:

a. Requirements of Title II (§ 2641 et seq.) of the Toxic Substances Control Act (15 USC § 2601 et seq.);

b. 40 CFR Part 61 National Emission Standards for Hazardous Air Pollutants, Subparts A (General Provisions) and M (National Emission Standards for Asbestos);

c. OSHA Standards for respiratory protection (29 CFR 1910.134);

d. OSHA Asbestos Construction Standard (29 CFR 1926.1101);

e. OSHA Hazard Communication Standard (29 CFR 1926.59);

f. EPA Worker Protection Rule, 40 CFR Part 763;

g. Requirements of Asbestos-Containing Waste Materials, 9VAC20-81-620;

h. Department of Transportation 49 CFR Parts 171 and 172 Subpart H; and

i. Virginia asbestos licensing regulations.

Air monitoring.

a. NIOSH asbestos monitoring procedure. Procedures to determine airborne concentration of asbestos fibers, including a description of aggressive sampling, sampling equipment, and methods.

(1) Explanation of analytical methods, measures of precision, control of errors, collecting samples, fiber counts, sampling and calibration equipment, statistics, and quality control techniques in sampling.

(2) Review of 29 CFR Part 1926, Subpart F, §§ 1926.150 through 1926.155.

b. Sampling strategy.

(1) Why samples are taken.

(2) Sampling inside and outside of containment area.

(3) Placement of pumps.

c. Reasons for air monitoring.

d. Types of samples and interpretation of results, specifically from analysis performed by polarized light, phase-contrast, and electron microscopy analyses.

e. Final clearance.

Overview of supervisory techniques for asbestos abatement activities, to include the information covered in the accredited asbestos supervisor training program. A review of the required work practices and safety considerations.
Field trip.

a. Visit a proposed abatement site or other suitable building site, including onsite discussions of abatement design.

b. Building walk-through inspection and discussion following the walk-through.

Fiber aerodynamics and control.

a. Aerodynamic characteristics of asbestos fibers.

b. Importance of proper containment barriers.

c. Settling time for asbestos fibers.

d. Wet methods in abatement.

e. Aggressive air monitoring following abatement.

f. Aggressive air movement and negative pressure exhaust ventilation as a clean-up method.

Project specifications. Discussion of key elements that are included in contract specifications.

a. Means and methods specifications versus performance specifications.

b. Considerations for design of abatement in occupied buildings.

c. Worker and building occupant health and medical considerations.

d. Replacement of ACM with non-asbestos substitutes.

e. Clearance of work area after abatement.

f. Use of as-built drawings.

g. Use of inspection photographs and onsite reports.

h. Particular problems in abatement drawings.

Conducting inspections.

a. Inspection prior to containment to ensure condition of items and proper precleaning.

b. Inspection of containment prior to commencement of abatement to ensure that containment is complete and proper.

c. Daily work and containment inspections.

d. Final visual inspection and a discussion of the ASTM E1368 method.

Recordkeeping and documentation.

a. Project logs.

b. Inspection reports.

c. Waste shipment record requirements (WSR).

d. Recordkeeping required by federal, state, or local regulations.

e. Recordkeeping required for insurance purposes.

Role of project monitor in relation to:

a. Building owner;

b. Building occupants;

c. Abatement contractor; and

d. Other consultants.

Occupied buildings.

a. Special procedures recommended in occupied buildings.

b. Extra monitoring recommendations.

A review of NESHAP guidance documents.
A review of key aspects of the accredited asbestos training program.
Examination.

C. Applicants who are currently accredited by EPA as an asbestos supervisor or asbestos project designer may complete a 16-hour initial project monitor training program. A 16-hour initial project monitor program must include lectures; demonstrations; a least six hours of hands-on training, which must permit project monitors the experience of performing actual tasks associated with asbestos project monitoring; a training program review; and an examination. The 16-hour project monitor training program must cover the topics required by subdivisions B 11 through B 22 of this section.

D. Upon completion of the project monitor training program, the training program must administer a closed-book examination. The examination for the comprehensive initial project monitor training program must cover the topics required by subsection B of this section. The examination for the 16-hour initial project monitor training program must cover the topics required by subdivisions B 11 through B 22 of this section.

Each examination must have 100 multiple choice questions.
The passing score on the examination must be 70%.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-370 Project monitor refresher training program

A. A project monitor refresher training program must be one day. The training program must review federal and state regulations, discuss changes to the regulations, if applicable, and review developments in state-of-the-art procedures. A review of the following topics from the initial accredited asbestos project monitor training program must be included in the asbestos project monitor refresher training program:

Occupied buildings;
Personal protective equipment;
Fiber aerodynamics and control; and
Recordkeeping and documentation.

B. A written closed-book examination will be administered covering the topics included in the asbestos project monitor refresher training program. The examination will consist of no fewer than 50 questions. The passing score will be 70% correct. Persons who pass the asbestos project monitor refresher training program examination will receive a certificate of completion as specified in this chapter.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

Part VI General Standards of Practice and Conduct

18VAC15-21-380 Grounds for disciplinary action

A. The board has the power to reprimand, fine, suspend, or revoke the license or training program approval of any regulant in accordance with § 54.1-516 of the Code of Virginia or this chapter when the regulant has been found to have violated or cooperated with others in violating any provision of Chapter 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), 3 (§ 54.1-300 et seq.), or 5 (§ 54.1-500 et seq.) of Title 54.1 of the Code of Virginia or this chapter.

B. Any regulant whose license or training program approval is revoked under this section will not be eligible to reapply for a period of 12 months from the effective date of the order of revocation.

C. Any unlawful act or violation of any provision of Chapter 5 of Title 54.1 of the Code of Virginia or of the regulations of the board by any asbestos supervisor or asbestos worker may be cause for disciplinary action against the asbestos contractor for whom the asbestos supervisor or worker works if it appears to the satisfaction of the board that the asbestos contractor knew or should have known of the unlawful act or violation.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-390 Prohibited acts

The following acts are prohibited and any violation may result in disciplinary action by the board:

Violating, including inducing another to violate, cooperating with another to violate, or combining or conspiring with or acting as agent, partner, or associate for another to violate any of the provisions of Chapter 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), 3 (§ 54.1-300 et seq.), or 5 (§ 54.1-500 et seq.) of Title 54.1 of the Code of Virginia or any of the regulations of the board.
Obtaining or attempting to obtain a license or training program approval by false or fraudulent representation; maintaining, renewing, or reinstating a license or training program approval by false or fraudulent representation; or furnishing substantially inaccurate or incomplete information to the board in obtaining, renewing, reinstating, or maintaining a license or training program approval.
Failing to notify the board in writing within 30 days after any change in address or name.
Having been convicted, found guilty, or disciplined in any jurisdiction of any offense or violation enumerated in 18VAC15-21-30 or 18VAC15-21-150. Review of convictions will be subject to the requirements of § 54.1-204 of the Code of Virginia.
Failing to notify the board in writing within 30 days of being convicted or found guilty of any felony or of any misdemeanor enumerated in 18VAC15-21-30 E or 18VAC15-21-150 D. Review of convictions will be subject to the requirements of § 54.1-204 of the Code of Virginia.
Failing to notify the board in writing no later than 30 days after final disciplinary action against an asbestos abatement license or asbestos training program accreditation has been taken by another jurisdiction.
Violating any provision of AHERA or ASHARA or any federal or state regulation pertinent to asbestos abatement activity.
Actions constituting negligence, misconduct, or incompetence in thepractice of the profession, including:

a. Having undertaken to perform or performed a professional assignment that the licensee is not qualified to perform by education, experience, training, or appropriate licensure.

b. Not demonstrating reasonable care, judgment, or application of the required knowledge, skill, and ability in the performance of the licensee's duties.

c. Failing to act in providing professional services in a manner that safeguards the interests of the public.

Actions constituting engaging in improper, fraudulent, or dishonest conduct, including:

a. Making any misrepresentation or engaging in acts of fraud or deceit in advertising, soliciting, or in providing professional services.

b. Knowingly signing plans, reports, specifications, or other documents related to an asbestos project not prepared or reviewed and approved by the regulant.

c. Knowingly misrepresenting factual information in expressing a professional opinion.

d. Allowing a license issued by the board to be used by another.

Acting as or being an ostensible licensee for undisclosed persons who do or will control or direct, directly or indirectly, the operations of the licensee's business.
Failing or neglecting to submit information or documentation requested by the board or the board's representatives.
Refusing to allow state or federal representatives access to any area of an abatement site, analytical laboratory, or training facility for the purpose of compliance inspections or audits, whether announced or unannounced.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-400 Conflict of interest

A. It is a conflict of interest and a violation of this chapter for an asbestos contractor to have an employee-employer relationship with or financial interest in an asbestos analytical laboratory utilized by the contractor for asbestos sample analysis. The requirements of this subsection do not apply when the laboratory performing analysis is owned by the owner of the building where samples are taken.

B. It is a conflict of interest and a violation of this chapter for an asbestos contractor to have an employee-employer relationship with an asbestos project monitor working on an asbestos project performed by that asbestos contractor. An asbestos contractor must not have any financial interests in the firm of which a project monitor is an employee and provides project monitoring services for that contractor. This section does not relieve a contractor of OSHA requirements set forth in 29 CFR 1926.1101.

C. It is a conflict of interest and a violation of this chapter for an asbestos contractor to enter into a contract to perform an asbestos project if the asbestos inspection or project design was performed by individuals with an employer-employee relationship with or financial interest in the asbestos contractor, unless the asbestos contractor provides the building owner with the Virginia Asbestos Licensing Consumer Information Sheet and the Virginia Asbestos Licensing Inspector/Project Designer/Contractor Disclosure Form prescribed by the department. The completed disclosure form must be submitted as part of the bid.

D. The requirements of this section do not apply to a contractor-subcontractor relationship between an asbestos contractor and an asbestos project monitor.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-410 Change of status for analytical laboratories

A. The regulant must notify the department within 30 days of any changes to the responsible individual for each laboratory location.

B. The regulant must notify the board within 30 business days upon the loss of accreditation or proficiency rating, as required by 18VAC15-21-160 , by any laboratory location.

C. The regulant must notify the board within 30 days if an employed analyst or asbestos project monitor performing asbestos laboratory analysis is removed from the AAR.

D. The regulant must notify the board in writing of any changes to the types of analysis for which the laboratory is licensed. When requesting to add an analysis type to the license, evidence of meeting the qualifications required by 18VAC15-21-160 must be submitted. The regulant must receive board approval of the analysis type prior to performing the analysis.

E. The licensee must notify the department within 30 days of any changes in the laboratory location.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-420 Transfer of license, firms

Asbestos contractor licenses and analytical laboratory licenses are issued to firms as defined in this chapter and are not transferable. Should the legal firm holding the license be dissolved or altered to form a new firm, the original license becomes void and must be returned to the board within 30 days of the change. The new firm must apply for a new license within 30 days of the change in the firm. Such changes include:

Death of a sole proprietor;
Death or withdrawal of a general partner in a general partnership, or the managing partner in a limited partnership;
Termination or cancellation of a corporation or limited liability company; and
Conversion, formation, or dissolution of a corporation, a limited liability company, or an association or any other firm recognized under the laws of the Commonwealth.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-430 (Reserved)

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-440 Good standing in other jurisdictions

A. Regulants in other jurisdictions must be in good standing in every jurisdiction where licensed, certified, or approved and must not have had a license, certification, or approval suspended, revoked, or surrendered in connection with a disciplinary action.

B. Regulants may be subject to disciplinary action or removal of an asbestos training program accreditation for disciplinary actions taken by another jurisdiction.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-450 Response to inquiry and provision of records

A. A regulant must respond within 10 days to a request by the board or any board agent regarding any complaint filed with the department.

B. Unless otherwise specified by the board, a regulant of the board must produce to the board or any board agent within 10 days of the request any document, book, or record concerning any transaction pertaining to a complaint filed in which the regulant was involved or for which the regulant is required to maintain records. The board may extend such timeframe upon a showing of extenuating circumstances prohibiting delivery within such 10-day period.

C. A licensee must not provide a false, misleading, or incomplete response to the board or any board agent seeking information in the investigation of a complaint filed with the board.

D. With the exception of the requirements of subsection A or B of this section, a licensee must respond to an inquiry by the board or a board agent within 21 days.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

Part VII Standards of Practice and Conduct for Individuals

18VAC15-21-460 Asbestos project designs

An asbestos project design must include, at minimum:

Scope of work.
Sequence of work.
Work methods and practices to be used.
Air sampling procedures.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-470 Asbestos project monitoring

A. A project monitor is required on asbestos projects performed in buildings that are occupied or intended to be occupied upon completion of the asbestos project exceeding 260 linear feet, 160 square feet, or 35 cubic feet of asbestos-containing material.

B. A project monitor is required on asbestos projects for which the property owner deems it necessary, regardless of whether the scope of the project is less than described in subsection A of this section.

C. Asbestos project monitors must be present when response actions are being conducted or more frequently if in accordance with the owner-approved contractual agreement with the project monitor.

D. Asbestos project monitors must maintain a daily log of all work performed. The daily log will include inspection reports, air sampling data, type of work performed by the asbestos contractor, problems encountered, and corrective action taken.

E. Asbestos project monitors will take final air samples on all abatement projects, except for abatement projects in residential buildings.

F. Prior to reoccupancy of a building following asbestos abatement, the asbestos project monitor will provide the air sample report on the asbestos analytical laboratory's letterhead in the final clearance report.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-480 Onsite analysis by project monitors

Project monitors who analyze PCM air samples on site must (i) be employed by or affiliated with a licensed asbestos analytical laboratory, (ii) have completed the NIOSH 582 or NIOSH 582 Equivalency Course, and (iii) satisfy one of the following:

The project monitor is listed in the AAR and rated "acceptable" for the most recent AAT round;
The licensed asbestos analytical laboratory employing the project monitor is rated as "proficient" in the IHPAT Program and maintains training and quality control documentation necessary to demonstrate competency in performing onsite analysis; or
The licensed asbestos analytical laboratory employing the project monitor is accredited under the IHLAP, remains in compliance with accreditation requirements, and maintains training and quality control documentation necessary to demonstrate competency in performing onsite analysis.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

Part VIII Standards of Practice and Conduct for Firms

18VAC15-21-490 Asbestos contractor

A. Asbestos contractors must comply with all requirements, procedures, standards, and regulations covering any part of an asbestos project established by EPA, OSHA, the Department of Labor and Industry, and the Divisions of Air Pollution and Waste Management of the Department of Environmental Quality (§ 54.1-517 of the Code of Virginia).

B. Asbestos contractors must comply with the requirements found in Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1 of the Code of Virginia governing the regulation of general contractors.

C. Asbestos contractors must employ licensed asbestos supervisors and workers to perform work on any asbestos project.

D. Asbestos contractors must ensure that a licensed asbestos supervisor is present at each job site while an asbestos project is in progress.

E. Prior to the start of any asbestos project, the asbestos contractor must:

Notify the building or property owner or agent of the owner when a licensed project monitor is required in accordance with the provisions of 18VAC15-21-470 to determine that proper work practices are used and in compliance with all asbestos laws and regulations provided in this chapter.
Obtain a written acknowledgment from the owner or agent of the owner that the owner has been notified of the requirement to secure the services of a licensed asbestos project monitor. Such acknowledgment must include the address of the building where the asbestos project is to take place; the date the work is to be performed; the name, address, and license number of the licensed asbestos contractor performing the work; and evidence that the building or property owner or agent of the owner has received the notification. The initial notification and acknowledgment will be sufficient for the asbestos project.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-500 Maintenance of licensing and training records at the asbestos project job site

A. The asbestos contractor will be responsible for maintaining at each project site a list of each asbestos worker and asbestos supervisor, or copy of the licenses of each asbestos worker and asbestos supervisor. This list must include the current license numbers and the license expiration dates of such workers and supervisors. This section does not relieve the contractor of any specific AHERA and ASHARA requirements concerning training certificates.

B. An asbestos contractor must maintain a copy of its Virginia asbestos contractor license on each project site.

C. Any conflict of interest disclosure forms as required by 18VAC15-21-400 must be maintained at each job site.

D. Records maintained at the job site will be made available for review by the department, the Department of Labor and Industry, and all other agencies having authorization to inspect an asbestos project site.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-510 Asbestos analytical laboratories

A. Each asbestos analytical laboratory using PLM to analyze bulk suspect material for the presence of asbestos must analyze the material in accordance with either of the following methods:

Test Method: Method for the Determination of Asbestos in Bulk Building Materials, EPA 600/R-93/116, EPA Office of Research and Development, effective July 1993.
NIOSH Method 9002, NIOSH Manual of Analytical Methods (NMAM) Fourth Edition, NIOSH, effective August 15, 1994.

The documents specified in this subsection are incorporated by reference.

B. Each asbestos analytical laboratory using PCM to analyze air samples for the presence of airborne fibers must use either of the following methods:

Appendix A of 29 CFR § 1926.1101.
NIOSH Method 7400, NIOSH Manual of Analytical Methods (NMAM), Fourth Edition, NIOSH, effective August 15, 1994. This document is incorporated by reference.

C. Each asbestos analytical laboratory using TEM to analyze air samples for the presence of airborne asbestos fibers must use either of the following methods:

Appendix A to Subpart E of 40 CFR Part 763.
NIOSH Method 7402, NIOSH Manual of Analytical Methods (NMAM), Fourth Edition, NIOSH, effective August 15, 1994. This document is incorporated by reference.

D. A copy of the current asbestos analytical laboratory license must be on site at all times where analysis is performed, including project sites. The license must be available for review by the department.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

Part IX Standards of Practice and Conduct for Accredited Training Programs and Board-approved Training Courses

18VAC15-21-520 General requirements for training programs and courses

A. All Virginia-approved accredited asbestos training programs and board-approved training courses must remain in compliance with all training and recordkeeping requirements established by MAP.

B. Each initial and refresher accredited training program and board-approved training course must be discipline specific.

C. All accredited training programs must be taught in English. Accredited asbestos worker training programs are exempt from this requirement.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-525 Electronic delivery of asbestos refresher training courses

A. Electronic delivery of accredited asbestos refresher training courses is permitted, provided the following requirements are met:

Courses delivered electronically must be approved by the board in accordance with Part V (18VAC15-21-220 et seq.) of this chapter. A pre-existing approval for an in-person, classroom-based refresher course does not extend to approval of the electronic course.
The training provider must have a system in place to authenticate each participant's identity and the participant's eligibility to enroll in the course.
A unique identifier must be assigned to each participant to be used to launch and re-launch the course. This identifier may be used throughout the course if deemed necessary by the instructor.
Each participant must be logged into the course and participating for the full length of time required for each course discipline. The training provider must track each participant's course logins, launches, progress, and completion. The training provider must maintain a record of the same in accordance with the applicable recordkeeping requirements of MAP and this chapter.
The course must include knowledge checks throughout the entirety of the course. The knowledge checks must be successfully completed before the participant moves on to the next module.
Course instructors must be available to answer questions or offer technical discussion by way of online discussion or message boards, or a telephone number during the training period.
There must be a test of at least 20 questions at the end of the course, of which 80% must be answered correctly for successful completion of the course. The test must be designed so that the student does not receive feedback on answers until after the test has been submitted.
Each participant must be provided with a completion certificate that may be saved and printed. The completion certificate must specifically mention that the course was taken online. The certificate must not be susceptible to editing. The certificate must contain all information required by MAP and this chapter.
Course notifications and participant lists provided to the board must indicate whether the course is conducted electronically.

B. Electronic courses must meet all other requirements for refresher courses as established in this chapter.

C. For auditing purposes, the board must have unrestricted access to the electronic course at any time during which the course is conducted.

D. For purposes of this section, electronic delivery includes real-time virtual training and asynchronous delivery of training courses.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-530 Length of training

A. No portion of an accredited training program or board-approved training course will exceed eight hours in a 24-hour period.

B. Portions of accredited training programs or board-approved training courses conducted after 5 p.m. and before 8 a.m. may not exceed four hours, except where training is conducted during the course participants' usual working hours.

C. Portions of accredited training programs or board-approved training courses conducted between Friday after 5 p.m. and Monday before 8 a.m. may not exceed 16 hours.

D. Each initial accredited training program or board-approved training course, including examinations, must be completed within a single two-week timeframe.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-540 Presence of instructor required to provide training

An instructor must remain present in the classroom or training area where instruction takes place at all times during the course of the accredited training program or board-approved training course.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-550 Minimum standards for training program and course materials

A. Prior to the start of the accredited asbestos training program or board-approved training course, the training provider must prepare a course outline or syllabus to be distributed to all course participants.

B. At a minimum, the outline or syllabus must include:

Training program title and length of training;
Start time of each day of training;
Division of course sections, to include the instructor and length of time for each section;
Start and end times for each scheduled break;
Start and end times for each scheduled lunch;
Scheduled hands-on training, a description of the training, the name of the instructor, and length of training; and
Start and end time of the final examination.

C. All training program participants will be issued a training program manual for the training program.

D. Use of video instruction is permitted in an accredited training program, provided that videos are not the sole and primary source of instruction.

E. In no case will equipment utilized for display or as part of hands-on training have been utilized on an asbestos abatement project site.

F. Following attendance of the accredited training program or board-approved training course and successful completion of an examination by the training program participant, the training provider must issue a certificate of completion to the training program participant. At a minimum, the completion certificate must include:

Training provider's business name;
Training provider's business address and telephone number;
Location of training;
Typewritten or printed name of training program participant;
Training program title and length of training in hours;
Certificate number;
Start and end dates of the training program;
Examination date;
An expiration date one year after the date of completion of the accredited asbestos training program;
For training programs covered under 40 CFR Part 763, Subpart E, Appendix C, a statement that the person receiving the certificate has completed the requisite training for asbestos accreditation under Title II (§ 2641 et seq.) of the Toxic Substances Control Act (15 USC § 2601 et seq.);
Statement of attendance and successful completion of an examination by the training program participant; and
Signature and typewritten or printed name of the accredited asbestos training program manager or administrator and principal instructor. The signature may be a printed facsimile.

G. The board will not accept training certificates of completion for initial training courses where the name of the course participant, training manager, and principal instructor are the same.

H. Course participants in a refresher training course who are both the training manager and principal instructor of a refresher training program must be monitored by another instructor if completing the program's examination for the purpose of license renewal. The monitoring individual must sign the certificate of completion as the participant's instructor. A course participant in a refresher training course who is either the training manager or the principal instructor of a training program must be monitored by the other if completing his own program's examination for the purpose of license renewal. The monitoring individual must sign the certificate of completion as the participant's instructor.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-560 Examinations

A. Oral examinations are not permitted in an accredited training program. Accredited asbestos worker training programs are exempt from this requirement.

Instructors providing oral examinations must provide an answer sheet to the course participant, to be completed by the participant.
The answer sheet must be signed by the course participant.

B. Examinations must be given in the language of the accredited asbestos training program's instruction.

C. A course participant is allowed one opportunity to retake a failed examination. If the course participant fails to achieve a 70% passing score on the second examination attempt, the course participant must reenroll and participate in the entirety of the discipline-specific accredited training program.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-570 Reporting of changes

A. Any change in the information provided in Part V (18VAC15-21-220 et seq.) of this chapter must be reported to the board prior to implementing the change. Information submitted will be reviewed to ensure compliance with the provisions of this chapter prior to the continuation of the accredited asbestos training program.

B. Documentation of all instructor qualifications will be reviewed and approved by the board prior to the instructor teaching in an accredited asbestos training program.

C. Changes to the certificate of completion must be submitted to the board for review and approval prior to issuance to training program participants.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-580 Recordkeeping and provision of records to the board

A. Unless otherwise authorized by the board, the training provider must submit course notifications and participant lists to the board electronically in a format established by the board.

B. The training provider must notify the board no less than 48 hours prior to the start date of any accredited asbestos training program.

C. The training provider must provide an updated notification when an accredited training program will begin on a date other than the start date specified in the original notification no less than 48 hours prior to the new start date.

D. The training provider must update the board of any change in location of an accredited training program at least 48 hours prior to the start date provided to the board.

E. The training provider must update the board regarding any accredited training program cancellations or any other change to the original notification at least 48 hours prior to the start date provided to the board. This requirement does not apply to situations or circumstances beyond the control of the training provider.

F. Each notification, including updates, must include the following:

Notification type (e.g., original, update, cancellation).
Training program name, Virginia accreditation number, address, and telephone number.
Course discipline, type (initial or refresher), and the language in which the instruction will be given.
Dates and times of training.
Training locations, telephone number, and address.
Principal instructor's name.

G. For all accredited training programs, the training provider must provide to the board a training program participant list of all of the individuals attending the accredited training program course within 10 days of the course end date. The training program participant list must contain the following minimum information:

Training program name, Virginia accreditation number, address, and telephone number.
Course discipline and type (initial or refresher).
Dates of training.
Location of training program presentation.
Each participant's name, address, social security number, course completion certificate number, and course test score.
Principal instructor's name.

H. The principal instructor must complete the training program participant list daily.

I. The training program participant list must be retained by the training provider for three years following the date of completion of the training program.

J. The department has discretion to refuse to recognize completion certificates from accredited training providers that fail to provide course notifications or training program participant lists to the board.

K. Approval letters for accredited training programs must be maintained at the location of training and made accessible to the public.

L. A copy of the training program outline must be retained by the training provider for a period of three years following the completion of the training program.

M. All examinations completed by the accredited training program participants, regardless of the examination score, must be kept for a period of three years after the examination date.

N. Records required to be maintained by the training provider must be maintained at the physical location of the accredited asbestos training provider.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-590 Access by the department

Accredited training providers must permit department representatives to attend, evaluate, and monitor any accredited training program. Prior notice of attendance by department representatives is not required. The department will be given access to all course materials, principal instructor and training manager rosters, participant rosters, and other records as stipulated by this chapter.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-21-600 Withdrawal of approval of an accredited asbestos training program

A. The board has discretion to withdraw approval of any accredited training program for the following reasons:

The training provider, instructors, or training programs no longer meet the standards established in this chapter.
The board determines that the provider is not conducting the training in a manner that meets the requirements as set forth in this chapter.
Suspension or revocation of training approval in another state or by EPA.

B. Decisions regarding withdrawal of approval will be made by the board under the provisions of the Virginia Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

Chapter 30 Lead-Based Paint Activities Regulations

Part I Scope

18VAC15-30-10 Scope

This chapter contains procedures and requirements for the accreditation of lead-based paint activities training programs and providers, procedures and requirements for the licensure of individuals and firms engaged in lead-based paint activities in target housing and child-occupied facilities, and standards for performing such activities. This chapter is applicable to all individuals and firms who are engaged in lead-based paint activities as defined in 18VAC15-30-20, except persons who perform these activities within residences they own as provided for in § 54.1-512 E of the Code of Virginia.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; Volume 42, Issue 8, eff. January 2, 2026.

Part II Definitions and General Requirements

18VAC15-30-20 Definitions

A. Section 54.1-500 of the Code of Virginia provides definitions of the following terms and phrases as used in this chapter:

"Accredited lead training program"

"Board"

"Lead-based paint"

"Lead-contaminated soil"

"Lead contractor"

"Lead project design"

"Lead risk assessment"

"Person"

B. The following words and terms when used in this chapter have the following meanings unless the context clearly indicates otherwise:

"Abatement" or "abatement project" means any measure or set of measures designed to permanently eliminate lead-based paint hazards.

"Abatement" includes:

a. The removal of lead-based paint and lead-contaminated dust, the permanent enclosure or encapsulation of lead-based paint, the replacement of painted surfaces or fixtures, or the removal or permanent covering of lead-contaminated soil, when lead-based paint hazards are present in such paint, dust, or soil;

b. All preparation, cleanup, disposal, and post-abatement clearance testing activities associated with such measures;

c. Lead-based paint activities for which there is a written contract or other documentation that provides that an individual or firm will be conducting activities in or to a residential dwelling or child-occupied facility that:

(1) Will result in the permanent elimination of lead-based paint hazards; or

(2) Are designed to permanently eliminate lead-based paint hazards;

d. Lead-based paint activities resulting in the permanent elimination of lead-based paint hazards, unless such projects are covered by subdivision 2 of this definition; and

e. Lead-based paint activities resulting in the permanent elimination of lead-based paint hazards that are conducted in response to state or local abatement orders.

Abatement does not include renovation, remodeling, landscaping, or other activities when such activities are not designed to permanently eliminate lead-based paint hazards, but instead are designed to repair, restore, or remodel a given structure or dwelling, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards. Abatement does not include interim controls, operations and maintenance activities, or other measures and activities designed to temporarily, but not permanently, reduce lead-based paint hazards.

"Applicant" means a person who submits an application to the board.

"Application" means a completed board-prescribed form submitted with the appropriate fee and other required documentation.

"Child-occupied facility" means a building or portion of a building constructed prior to 1978 that is visited regularly by the same child six years of age or younger on at least two different days within any week (Sunday through Saturday period), provided that each day's visit lasts at least three hours, the combined weekly visit lasts six hours, and the combined annual visits last at least 60 hours. Child-occupied facilities may include day care centers, preschools, and kindergarten classrooms.

"Clearance levels" means values that indicate the maximum amount of lead permitted in dust on a surface following completion of an abatement activity.

"Common area" means a portion of a building generally accessible to all occupants, including hallways, stairways, laundry and recreational rooms, playgrounds, community centers, garages, and boundary fences.

"Component or building component" means specific design or structural elements or fixtures of a building or residential dwelling or child-occupied facility that are distinguished from each other by form, function, and location. These include interior components such as ceilings, crown molding, walls, chair rails, doors, door trim, floors, fireplaces, radiators and other heating units, shelves, shelf supports, stair treads, stair risers, stair stringers, newel posts, railing caps, balustrades, windows and trim (including sashes, window heads, jambs, sills, stools, and troughs), built-in cabinets, columns, beams, bathroom vanities, counter tops, and air conditioners, and exterior components such as painted roofing, chimneys, flashing, gutters and downspouts, ceilings, soffits, facias, rake boards, corner boards, bulkheads, doors and door trim, fences, floors, joists, lattice work, railings and railing caps, siding, handrails, stair risers and treads, stair stringers, columns, balustrades, window sills or stools and troughs, casings, sashes, wells, and air conditioners.

"Containment" means a process to protect workers and the environment by controlling exposures to the lead-contaminated dust and debris created during an abatement.

"Course agenda" means an outline of the key topics to be covered during a training course, including the time allotted to teach each topic.

"Course test" means an evaluation of the overall effectiveness of the training that will test the trainee's knowledge and retention of the topics covered during the course.

"Department" means the Department of Professional and Occupational Regulation.

"Deteriorated paint" means paint that is cracking, flaking, chipping, peeling, or otherwise separating from the substrate building component.

"Discipline" means one of the specific types or categories of lead-based paint activities established in this chapter for which individuals must receive training from accredited lead training providers and become licensed by the board.

"Distinct painting history" means application history, as indicated by visual appearance or a record of application, over time, of paint or other surface coatings to a component or room.

"Documented methodologies" means methods or protocols used to sample for the presence of lead in paint, dust, and soil.

"Encapsulant" means a substance that forms a barrier between lead-based paint and the environment using a liquid-applied coating (with or without reinforcement materials) or an adhesively bonded covering material.

"Encapsulation" means the application of an encapsulant.

"Enclosure" means the use of rigid, durable construction materials that are mechanically fastened to the substrate in order to act as a barrier between lead-based paint and the environment.

"Environmental remediation activity" means any activity planned or carried out for the purpose of reducing or eliminating any environmental hazard, including activities necessary to train individuals in the proper or lawful conduct of such activities, which are regulated by federal or state law or regulation.

"EPA" means the U.S. Environmental Protection Agency.

"Financial interest" means financial benefit accruing to an individual or to a member of the individual's immediate family. Such interest exists by reason of (i) ownership in a business if the ownership exceeds 3.0% of the total equity of the business; (ii) annual gross income that exceeds or may be reasonably anticipated to exceed $2,000 from ownership in real or personal property or a business; (iii) salary, other compensation, fringe benefits, or benefits from the use of property, or a combination thereof, paid or provided by a business that exceeds or may reasonably be expected to exceed $2,000 annually; or (iv) ownership of real or personal property if the interest exceeds $2,000 in value.

"Firm" means any company, partnership, corporation, sole proprietorship, association, or any other form of business organization recognized under the laws of the Commonwealth of Virginia.

"Guest instructor" means an individual designated by the training program manager or principal instructor to provide instruction specific to the lecture, hands-on activities, or work practice components of a course.

"Hands-on skills assessment" means an evaluation that tests the trainee's ability to satisfactorily perform the work practices and procedures identified in this chapter, as well as any other skills taught in a training course.

"Hazardous waste" means any waste as defined in 40 CFR 261.3.

"HUD" means the U.S. Department of Housing and Urban Development.

"Inspection" means a surface-by-surface investigation to determine the presence of lead-based paint and the provision of a report explaining the results of the investigation.

"Interim controls" means a set of measures designed to temporarily reduce human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment and operation of management and resident education programs.

"Lead-based paint activities" means risk assessment, inspection, project design, and abatement as defined in this chapter that affects or relates to target housing and child-occupied facilities.

"Lead-based paint hazard" means any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as identified by EPA.

"Lead-contaminated dust" means surface dust that contains an area or mass concentration of lead at or in excess of levels identified by the EPA pursuant to § 403 of the Toxic Substances Control Act (15 USC § 2683).

"Lead-hazard screen" means a limited risk assessment activity that involves limited paint and dust sampling.

"Licensed lead abatement supervisor" or "lead supervisor" means an individual who has met the requirements of this chapter and has been licensed by the board to supervise and conduct abatements and to prepare occupant protection plans and abatement reports.

"Licensed lead abatement worker" or "lead worker" means an individual who has met the requirements of this chapter and has been licensed by the board to perform abatements under the supervision of a licensed lead supervisor.

"Licensed lead inspector" or "lead inspector" means an individual who has met the requirements of this chapter and has been licensed by the board to conduct lead inspections. A licensed inspector may also sample for the presence of lead in dust and soil for the purposes of abatement clearance testing.

"Licensed lead project designer" or "lead project designer" means an individual who has met the requirements of this chapter and has been licensed by the board to prepare abatement project designs, occupant protection plans, and abatement reports.

"Licensed lead risk assessor" or "lead risk assessor" means an individual who has met the requirements of this chapter and has been licensed by the board to conduct lead inspections and risk assessments. A licensed risk assessor may also sample for the presence of lead in dust and soil for the purposes of abatement clearance testing.

"Licensee" means any person who has been issued and holds a valid license as a lead abatement worker, lead abatement supervisor, lead inspector, lead risk assessor, lead project designer, or lead abatement contractor.

"Living area" means any area of a residential dwelling used by one or more children six years of age and younger, including living rooms, kitchen areas, dens, play rooms, and children's bedrooms.

"Multi-family dwelling" means target housing that contains more than one separate residential dwelling unit, in which one or more units is used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of one or more persons.

"OSHA" means the U.S. Occupational Safety and Health Administration.

"Paint in poor condition" means more than 10 square feet of deteriorated paint on exterior components with large surface areas; more than two square feet of deteriorated paint on interior components with large surface areas (e.g., walls, ceilings, floors, doors); or more than 10% of the total surface area of the component is deteriorated on the interior or exterior components with small surface area (e.g., window sills, baseboards, soffits, trim).

"Permanently covered soil" means soil that has been separated from human contact by the placement of a barrier consisting of solid, relatively impermeable material, such as pavement or concrete. Grass, mulch, and other landscaping materials are not considered permanent covering.

"Principal instructor" means the individual who has the primary responsibility for organizing and teaching a particular course.

"Recognized laboratory" means any environmental laboratory recognized by EPA as being capable of performing an analysis for lead compounds in paint, soil, and dust.

"Reduction" means measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods including interim controls and abatement.

"Residential dwelling" means (i) target housing that is a detached single-family dwelling, including attached structures such as porches and stoops, or (ii) target housing that is a single-family dwelling unit in a structure that contains more than one separate residential dwelling unit, which is used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of one or more individuals.

"Target housing" means any housing constructed prior to 1978, except for housing for the elderly or persons with disabilities (unless any one or more children six years of age or younger reside or is expected to reside in such housing for the elderly or persons with disabilities) or any zero-bedroom dwelling.

"Training curriculum" means an established set of course topics for instruction in an accredited lead training program for a particular discipline designed to provide specialized knowledge and skills.

"Training hour" means at least 50 minutes of actual instruction, including time devoted to lecture, learning activities, small group activities, demonstrations, evaluations, and hands-on experience.

"Training manager" means the individual responsible for administering a training program and monitoring the performance of the instructors.

"Visual inspection for clearance testing" means the visual examination of a residential dwelling or a child-occupied facility following an abatement to determine whether the abatement has been successfully completed.

"Visual inspection for risk assessment" means the visual examination of a residential dwelling or a child-occupied facility to determine the existence of deteriorated lead-based paint or other potential sources of lead-based paint hazards.

"XRF" means x-ray fluorescence.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-25 Applicability

A. A licensed lead abatement supervisor may perform the duties of a licensed lead abatement worker.

B. Federally assisted housing and community development programs conducted in compliance with the U.S. Department of Housing and Urban Development Lead-Safe Final Rule 24 CFR Part 35 will be considered to meet the requirements of this chapter.

History

Statutory Authority: § of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-30 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; repealed, Virginia Register Volume 23, Issue 3, eff. December 1, 2006.

18VAC15-30-41 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. October 1, 2003; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-50 (Repealed.)

Historical Notes

Part III Entry

18VAC15-30-51 Application procedures

A. All applicants must submit an application with the appropriate fee specified in 18VAC15-30-162. Application must be made on forms provided by the board or the board's agent.

By submitting the application to the department, the applicant certifies that the applicant has read and understands the statutes and the board's regulations.
The receipt of an application and the deposit of fees by the board does not indicate approval by the board.

B. The board may make further inquiries and investigations with respect to the applicant's qualifications to confirm or amplify information supplied.

C. The applicant will be notified if the application is incomplete. A person who fails to complete the process within 12 months after the date the department receives the application must submit a new application and fee.

D. The applicant must immediately report all changes in information supplied with the application, if applicable, prior to issuance of the license or expiration of the application.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 3, eff. December 1, 2006; amended, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-52 General requirements for licensure of individuals

A. Each applicant for individual licensure must meet the requirements provided in this section.

B. The applicant must disclose the applicant's full legal name.

C. The applicant must be at least 18 years of age.

D. The applicant must disclose the applicant's mailing address and email address. A post office box is only acceptable as a mailing address when a physical address is also provided.

E. In accordance with § 54.1-204 of the Code of Virginia, each applicant must disclose the following information:

All felony convictions.
All misdemeanor convictions related to environmental remediation activity.
All misdemeanor convictions, excluding marijuana convictions, that occurred within three years of the date of application.

Any finding of guilt, regardless of adjudication or deferred adjudication, will be considered a conviction for the purposes of this section. The record of conviction certified or authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted will be admissible as prima facie evidence of a conviction or finding of guilt. The board, at its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

F. The applicant must report any action taken by any board or administrative body in any jurisdiction against a professional or occupational license, certification, or registration issued to the applicant, to include any suspension, revocation, or surrender of a license, certification, or registration; imposition of a monetary penalty; or requirement to take remedial education or other corrective action. The board, in its discretion, may deny licensure to any applicant for any prior action taken by any board or administrative body in any jurisdiction.

G. Applicants must be in compliance with the standards of conduct and practice set forth in Part VIII (18VAC15-30-510 et seq.) and Part IX (18VAC15-30-760 et seq.) of this chapter at the time of application to the board, while the application is under review by the board, and at all times when the license is in effect.

H. The applicant must provide documentation of having satisfactorily completed the board-approved initial training program and all subsequent board-approved refresher training programs applicable to the license sought as specified in subsection I of this section. Documentation of training completion will be verified by the board. Completion certificates for board-approved initial training programs are valid for 36 months from the date training was completed. Board-approved refresher training programs must be satisfactorily completed no later than 36 months from the date the board-approved initial training program was completed and every 36 months thereafter.

I. An applicant for individual licensure must meet the education or experience requirements of this subsection that are applicable to the license sought.

Worker. Each applicant for a lead abatement worker license must provide evidence of successful completion of board-approved lead abatement worker training.
Project designer.

a. Each applicant for a lead project designer license must provide evidence of successful completion of board-approved lead project designer training and board-approved lead abatement supervisor training.

b. Each applicant for a lead project designer license must also provide evidence of successful completion of one of the following:

(1) A bachelor's degree in engineering, architecture, or a related profession and one year experience in building construction and design or a related field; or

(2) Four years of experience in building construction and design or a related field.

Supervisor.

a. Each applicant for a lead abatement supervisor license must provide evidence of;

(1) Successful completion of board-approved lead abatement supervisor training; and

(2) One year of experience as a licensed lead abatement worker or two years of experience in a related field, including lead, asbestos, or environmental remediation, or in the building trades.

b. Each applicant for a lead abatement supervisor license must pass a board-approved licensing examination for supervisors within 36 months after completion of the board-approved lead abatement supervisor initial training course or the board-approved lead supervisor refresher course. An applicant who fails the examination three times must provide evidence to the board after the date of the third examination failure of having retaken and satisfactorily completed the initial training requirements. The applicant is then eligible to sit for the examination an additional three times.

Inspector.

a. Each applicant for a lead inspector license must provide evidence of successful completion of board-approved lead inspector training or lead risk assessor training.

b. Each applicant for a lead inspector license must pass a board-approved licensing examination for lead inspector within 36 months after completion of the board-approved lead inspector initial training course or the board-approved lead inspector refresher course. An applicant who fails the examination three times must provide evidence to the board after the date of the third examination failure of having retaken and satisfactorily completed the initial training requirements. The applicant is then eligible to sit for the examination an additional three times.

Risk assessor.

a. Each applicant for a lead risk assessor license must provide evidence of successful completion of board-approved lead risk assessor training and successful completion of board-approved lead inspector training.

b. Each applicant for a lead risk assessor license must also provide evidence of successful completion of one of the following:

(1) Certification or licensure as an industrial hygienist, a professional engineer, or a registered architect or licensure in a related engineering, health, or environmental field;

(2) A bachelor's degree and one year of experience in a related field (e.g., lead, asbestos, environmental remediation work, or construction);

(3) An associate's degree and two years of experience in a related field (e.g., lead, asbestos, environmental remediation work, or construction); or

(4) A high school diploma or its equivalent and at least three years of experience in a related field (e.g., lead, asbestos, environmental remediation work, or construction).

c. Each applicant must pass a board-approved licensing examination for risk assessor within 36 months after completion of the board-approved lead risk assessor initial training course or the board-approved lead risk assessor refresher course. An applicant who fails the examination three times must provide evidence to the board after the date of the third examination failure of having retaken and satisfactorily completed the initial training requirements. The applicant is then eligible to sit for the examination an additional three times.

J. Applicants for a lead supervisor, lead inspector, or lead risk assessor license must pass a board-approved examination on Virginia lead laws and regulations.

K. Applicants seeking to qualify for licensure based on completion of a degree must submit a transcript from the school where the applicable degree was obtained. Only a degree from a regional or national accreditation association or an accrediting agency that is recognized by the U.S. Secretary of Education will be considered.

L. Experience requirements will be verified by resumes, letters of reference, or other documentation of work experience acceptable to the board.

M. Individuals who are required to pass a board-approved license examination may be issued an interim license, provided the required initial or refresher training was completed no later than six months prior to the application being received by the board.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 3, eff. December 1, 2006; amended, Virginia Register Volume 31, Issue 20, eff. August 1, 2015; Volume 38, Issue 7, eff. December 22, 2021; Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-53 Qualifications for licensure of lead contractors

A. Each firm applying for a license must meet the requirements of this section.

C. The applicant must disclose the firm's mailing address, the firm's physical address, and the firm's email address.

All felony convictions;
All misdemeanor convictions, except marijuana convictions, within the last three years; and
Any conviction involving environmental remediation activity that resulted in the significant harm or the imminent and substantial threat of significant harm to human health or the environment.

The board, in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia. The applicant has the right to request further review of any such action by the board under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

E. The applicant must report any disciplinary action taken by any board or administrative body in any jurisdiction against a professional or occupational license, certification, or registration issued to the firm or its owners, officers, managers, members, directors, and, as applicable, any reprimand, suspension, revocation, or surrender of a license, certification, or registration; imposition of a monetary penalty; or requirement to take remedial education or other corrective action. The board, in its discretion, may deny licensure to any applicant based on disciplinary action taken by any board or administrative body in any jurisdiction.

F. The board may deny the application of an applicant who is shown to have a substantial identity of interest with a person whose license or certificate has been revoked or not renewed by the board. A substantial identity of interest includes (i) a controlling financial interest by the individual or corporate principals of the person whose license or certificate has been revoked or has not been renewed or (ii) substantially identical owners, officers, managers, members, or directors, as applicable.

G. Each applicant for lead contractor licensure must:

Hold a valid Virginia contractor license with a lead specialty issued by the Virginia Board for Contractors and comply with the provisions of Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1 of the Code of Virginia governing the regulation of contractors.
Certify that:

a. Only properly licensed lead abatement supervisors and workers will be employed to conduct lead-based paint activities;

b. A licensed lead abatement supervisor is present at each job site during all work site preparation and during post-abatement cleanup and shall be on site or available by telephone, pager, or answering service and able to be present at the work site in no more than two hours when abatement activities are being conducted; and

c. The standards for conducting lead-based paint activities established in this chapter and standards established by EPA and OSHA shall be followed at all times during the conduct of lead-based paint activities.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 3, eff. December 1, 2006; amended, Virginia Register Volume 36, Issue 15, eff. May 1, 2020; Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-54 Qualifications for accredited lead training program approval

A. For a training program to obtain accreditation from the board to teach lead-based paint activities, the program must demonstrate through its application material that it meets the minimum requirements for principal instructor qualifications, required topic review, length of training, and recordkeeping for each discipline for which the program is seeking accreditation. Training programs must offer courses that teach the standards for conducting lead-based paint activities contained in this chapter and other such standards adopted by EPA.

B. Each applicant for approval as an accredited lead training provider must meet the requirements established by this chapter. Applicants must apply on a form provided by the board. The application form must be completed in accordance with the instructions supplied and must include the following:

The course for which the training provider is applying for accreditation.
A statement signed by the training program manager certifying that the training program meets the minimum requirements established in this chapter.
The names and qualifications, including education and experience, of each principal instructor.
A copy of the student manuals and instructor manuals or other materials to be used.
A copy of the course agenda that includes the time allocation for each course topic.
A copy of the test and answer sheet.
A description of the facilities and equipment to be used for lecture and hands-on training.
A description of the activities and procedures that will be used for conducting the assessment of hands-on skills.
A copy of the quality control plan as described in 18VAC15-30-410.
A sample of a certificate that will be issued to students who successfully complete the course.
A proposed course date for auditing purposes.
The application fee required by 18VAC15-30-162.

C. The application must be received by the board no later than 45 days before the desired audit date.

D. An applicant may seek approval for as many initial and refresher courses as it chooses, but must submit a separate application for each program.

E. Applicants may seek accreditation to offer lead-based paint activities initial or refresher courses in any of the following disciplines: lead abatement worker, lead project designer, lead abatement supervisor, lead inspector, and lead risk assessor.

F. Upon receipt of an application, a preliminary review will be conducted to ensure compliance with this chapter. The applicant will be notified if the application is incomplete or deficient. All deficiencies must be corrected prior to the on-site audit.

G. Upon completion of the preliminary review, the board will conduct an on-site audit of the training program. The applicant will be notified of any deficiencies identified during the audit. All deficiencies must be corrected prior to the approval of the application.

H. An accredited training program must be approved by the board before the training program's training certificates will be accepted by the board as evidence that an individual has completed an accredited lead training program.

I. Each accredited lead training program that is granted approval will be sent a letter indicating the discipline approved and an expiration date.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 3, eff. December 1, 2006; amended, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-60 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; repealed, Virginia Register Volume 19, Issue 24, eff. October 1, 2003.

18VAC15-30-100 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Virginia Register Volume 13, Issue 10, eff. April 1, 1997; Volume 16, Issue 11, eff. May 1, 2000; Volume 19, Issue 24, eff. October 1, 2003; repealed, Virginia Register Volume 23, Issue 3, eff. December 1, 2006.

Part IV Fees

18VAC15-30-161 General fee requirements

A. All fees are nonrefundable and will not be prorated. The date on which the fee is received by the department or its agent will determine whether the fee is on time.

B. Fees for approval and renewal of an accredited lead training program and an accredited lead refresher training program will not be imposed on any state, local government, or nonprofit training program.

C. The fee for examination is subject to charges to the department by an outside vendor based on a contract entered into in compliance with the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia). Fees may be adjusted and charged to the candidate in accordance with this contract.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 3, eff. December 1, 2006; amended, Virginia Register Volume 32, Issue 1, eff. November 1, 2015; Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-162 Application fees

Application fees are as follows:

| Fee Type | Fee Amount | When Due | | --- | --- | --- | | Application for worker, supervisor, inspector, risk assessor or project designer license | $80 | With application | | Application for a lead contractor license | $110 | With application | | Application for accredited lead training program approval | $500 per day of training | With application | | Application for accredited lead refresher training program approval except for project designer refresher | $500 | With application | | Application for accredited lead project designer refresher training program approval | $250 | With application |

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 3, eff. December 1, 2006; amended, Virginia Register Volume 31, Issue 20, eff. August 1, 2015.

18VAC15-30-163 Renewal and late renewal fees

Renewal and late renewal fees are as follows:

| Fee Type | Fee Amount | When Due | | --- | --- | --- | | Renewal for worker, supervisor, inspector, risk assessor, or project designer license | $45 | With renewal application | | Renewal for lead contractor license | $70 | With renewal application | | Renewal for accredited lead training program approval | $125 | With renewal application | | Late renewal for worker, supervisor, inspector, risk assessor, or project designer license (includes a $35 late renewal fee in addition to the regular $45 renewal fee) | $80 | With renewal application | | Late renewal for lead contractor license (includes a $35 late renewal fee in addition to the regular $70 renewal fee) | $105 | With renewal application | | Late renewal for accredited lead training program approval (includes a $35 late renewal fee in addition to the regular $125 renewal fee) | $160 | With renewal application |

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 3, eff. December 1, 2006; amended, Virginia Register Volume 31, Issue 20, eff. August 1, 2015; Volume 34, Issue 8, eff. February 1, 2018; Volume 36, Issue 9, eff. February 1, 2020; Volume 37, Issue 14, eff. April 1, 2021; Volume 39, Issue 12, eff. March 1, 2023; Volume 42, Issue 8, eff. January 2, 2026.

Part V Renewal

18VAC15-30-164 Renewal required

A. Individual licenses expire 12 months from the last day of the month in which the license was issued. Interim licenses issued to individuals expire six months from the last day of the month the individual completed the board-approved initial or refresher accredited lead training program required by 18VAC15-30-52. Interim licenses will not be renewed.

B. Contractor licenses expire 12 months from the last day of the month in which the license was issued.

C. Accredited lead training programs approval expire 24 months from the last day of the month in which the board granted approval.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 3, eff. December 1, 2006; amended, Virginia Register Volume 31, Issue 20, eff. August 1, 2015; Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-165 Procedures for renewal

A. The board will send a renewal notice to the licensee or accredited lead training provider .

B. Prior to the license expiration date, each licensee desiring to renew a license must return to the board the appropriate fee specified in 18VAC15-30-163. Individual licensees must provide evidence of meeting the annual refresher training requirement for license renewal and meet the requirements of 18VAC15-30-166 A.

C. Prior to the expiration date on the approval letter, each accredited lead training program desiring to renew the approval must return to the board the appropriate fee specified in 18VAC15-30-163 and the documentation required by 18VAC15-30-166 B.

D. By making application for renewal, the licensee or accredited lead training program is certifying continued compliance with the requirements of this chapter.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 3, eff. December 1, 2006; amended, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-166 Qualifications for renewal

A. Individuals.

Licensees desiring to maintain an individual license must successfully complete the required board-approved refresher training course within 36 months after the date that the initial or most recent refresher training course was completed and at least once every 36 months thereafter. In the case of a proficiency-based course completion, refresher training is required every 60 months instead of 36 months.
Refresher training must be specific to the discipline of the license being renewed.

B. Accredited training programs.

Accredited lead training providers desiring to renew approval of an accredited lead training program must provide the following:

a. The training provider's name, address, and telephone number.

b. A statement signed by the training program manager that certifies that:

(1) The course materials for each course meet the requirements of Part VII (18VAC15-30-440 et seq.) of this chapter.

(2) The training manager and principal instructors meet the qualifications listed in 18VAC15-30-340.

(3) The training program manager complies at all times with all requirements of this chapter.

(4) The quality control program meets the requirements noted in 18VAC15-30-410.

(5) The recordkeeping requirements of this chapter will be followed.

An audit by a board representative may be performed to verify the certified statements and the contents of the application before relicensure is granted.
Accredited lead training programs determined by the board to have met the renewal requirements will be issued an approval for an additional 24 months.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 3, eff. December 1, 2006; amended, Virginia Register Volume 31, Issue 20, eff. August 1, 2015; Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-167 Late renewal

A. Each license and each accredited lead training program approval that is not renewed within 30 days of the expiration date on the license or approval letter will be subject to late renewal fees as established in 18VAC15-30-162.

B. Each license and each approved training program that is not renewed within 12 months after the expiration date will not be renewed. The individual or firm must apply for a new license or approval and meet entry requirements current at the time the new application is submitted.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 3, eff. December 1, 2006; amended, Virginia Register Volume 31, Issue 15, eff. May 1, 2015; Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-170 (Repealed.)

Historical Notes

18VAC15-30-190 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; repealed, Virginia Register Volume 19, Issue 24, eff. October 1, 2003.

18VAC15-30-205 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 19, Issue 24, eff. October 1, 2003; repealed, Virginia Register Volume 23, Issue 3, eff. December 1, 2006.

18VAC15-30-210 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; repealed, Virginia Register Volume 19, Issue 24, eff. October 1, 2003.

18VAC15-30-225 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 19, Issue 24, eff. October 1, 2003; repealed, Virginia Register Volume 23, Issue 3, eff. December 1, 2006.

18VAC15-30-230 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; repealed, Virginia Register Volume 19, Issue 24, eff. October 1, 2003.

18VAC15-30-245 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; derived from or amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; repealed, Virginia Register Volume 23, Issue 3, eff. December 1, 2006.

18VAC15-30-310 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; repealed, Virginia Register Volume 19, Issue 24, eff. October 1, 2003.

18VAC15-30-330 (Repealed.)

Historical Notes

Part VI Standards of Practice and Conduct for Accredited Lead Training Programs

18VAC15-30-332 Changes to an approved course

Once a training course has been approved, substantial changes in any of the approved items must be submitted to the board for review and approval prior to the continuation of the training course. These items include:

Course curriculum.
Course examination.
Course materials.
Training manager and principal instructor or instructors.
Certificate of completion.
Change in permanent training location.
Change in ownership of the training program.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 3, eff. December 1, 2006; amended, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-334 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 23, Issue 3, eff. December 1, 2006; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-340 Qualifications of training managers and principal instructors

A. The training program must employ a training manager who:

Has at least two years of experience, education, or training in teaching workers or adults; has a bachelor's or graduate level degree in building construction technology, engineering, industrial hygiene, safety, public health, education, business administration, program management, or a related field; or has two years of experience in managing a training program that specialized in environmental hazards; and
Has demonstrated experience, education, or training in the construction industry, including lead or asbestos abatement, painting, carpentry, renovation, remodeling, occupational safety and health, and industrial hygiene.

B. The training program must employ a qualified principal instructor, designated by the training manager, for each course who:

Demonstrates experience, education, or training in teaching workers or adults;
Has successfully completed a minimum of 16 hours of any EPA-accredited or board-approved lead-specific training; and
Has demonstrated experience, education, or training in lead or asbestos abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene.

C. Documentation of all principal instructor qualifications must be reviewed and approved by the board prior to the principal instructor teaching in an accredited lead training program.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-350 Responsibilities of the training manager

A. The training program must employ a training manager who is responsible for ensuring that the training program complies at all times with the requirements of this chapter and who is responsible for maintaining:

The validity and integrity of the hands-on skills assessment or proficiency test to ensure that the assessment or test accurately evaluates the trainee's performance of the work practices and procedures associated with the course topics.
The validity and integrity of the course test to ensure that the test accurately evaluates the trainee's knowledge and retention of the course topics.

B. The training manager must, for each course offered, designate a principal instructor. Principal instructors are responsible for the organization of the course and oversight of the teaching of all course material.

C. Guest instructors may be designated by the training manager as needed to provide instruction specific to the lecture, hands-on activities, or work practice components of a course.

D. Any training manager who intends to also serve as a principal instructor must meet the requirements of subsection B of 18VAC15-30-340.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-360 Training manager and principal instructor documentation

The following documents will be recognized by the board as proof that training managers and principal instructors meet the applicable educational, work experience, and training requirements specifically listed in 18VAC15-30-340:

Official academic transcripts or diplomas as proof of meeting the educational requirements.
Resumes, letters of reference, or documentation of work experience as proof of meeting the work experience requirements.
Certificates from lead-specific training courses as proof of meeting the training requirements.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-370 Training facilities

The training program must provide adequate facilities for the delivery of the lecture, course test, hands-on training, and assessment activities. This includes providing training equipment that reflects current work practices and maintaining or updating the equipment and facilities as needed.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-380 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-390 Course examination

A. For each course, the accredited lead training program must conduct a monitored, written course test at the completion of the course and a hands-on skills assessment, or as an alternative, a proficiency test. Each individual must successfully complete the hands-on skills assessment and receive a passing score on the course test to pass any course, or successfully complete a proficiency test.

B. The course test is an evaluation of the overall effectiveness of the training that must test the trainee's knowledge and retention of the topics covered during the course. For a lead abatement worker training program, an oral course test may be administered in lieu of a written course test.

C. Seventy percent will be the passing score on the course test.

D. The hands-on skills assessment is an evaluation of the effectiveness of the hands-on training that must test the ability of the trainees to demonstrate satisfactory performance of work practices and procedures specified in Part VIII (18VAC15-30-440 et seq.) of this chapter, as well as any other skills demonstrated in the course.

E. An accredited lead training program that offers a proficiency test must ensure that the test consists primarily of an evaluation of the effectiveness and reliability of a student's ability to conduct a particular lead-based paint activity. The proficiency test must also cover all of the topics and skills addressed in a particular course.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-400 Certificates of completion

A. Accredited lead training programs will issue unique course completion certificates to each individual who successfully completes the course requirements. The course completion certificate must include:

A unique certificate number.
The name and address of the individual.
The name of the particular course that the individual completed.
Dates of course completion or test passage.
The certificate expiration date. Training certificates will expire three years from the date of course completion. If the accredited lead training program offers a proficiency test, those training certificates will expire five years from the date of course completion.
Name, address, and telephone number of the training provider.
Name and signature of the training manager and principal instructor.

B. The board will not accept training certificates of completion for initial training courses where the name of the course participant, training manager, and principal instructor are the same.

C. Course participants in a refresher training course who are both the training manager and principal instructor of a refresher training program must be monitored by another instructor if completing the program's examination for the purpose of license renewal. The monitoring individual must sign the certificate of completion as the participant's instructor. A course participant in a refresher training course who is either the training manager or the principal instructor of a training program must be monitored by the other if completing his own program's examination for the purpose of license renewal. The monitoring individual must sign the certificate of completion as the participant's instructor.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; Volume 31, Issue 15, eff. May 1, 2015; Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-410 Quality control plan

The training manager must develop and implement a quality control plan. The plan will be used to maintain and improve the quality of the accredited lead training program over time. The plan must contain at least the following elements:

Procedures for periodic revision of training materials and course test to reflect innovations in the field.
Procedures for the training manager's annual review of principal instructor competency.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-415 Electronic delivery of lead refresher training courses

A. Electronic delivery of accredited lead refresher training courses is permitted, provided the following requirements are met:

Courses delivered electronically must be approved by the board in accordance with this chapter. A pre-existing approval for an in-person, classroom-based refresher course does not extend to approval of the electronic course.
The training provider must have a system in place to authenticate each participant's identity and the participant's eligibility to enroll in the course.
A unique identifier must be assigned to each participant to be used to launch and re-launch the course. This identifier may be used throughout the course if deemed necessary by the instructor.
Each participant must be logged into the course and participating for the full length of time required for each course discipline. The training provider must track each participant's course logins, launches, progress, and completion. The training provider must maintain a record of this information in accordance with the applicable recordkeeping requirements of this chapter.
The course must include knowledge checks throughout the entirety of the course. The knowledge checks must be successfully completed before the participant moves on to the next module.
Course instructors must be available to answer questions or offer technical discussion by way of online discussion or message boards or a telephone number during the training period.
There must be a test of at least 20 questions at the end of the course, of which 80% must be answered correctly for successful completion of the course. The test must be designed so that the participant does not receive feedback on answers until after the test has been submitted.
Each participant must be provided with a completion certificate that may be saved and printed. The completion certificate must specifically mention that the course was taken online. The certificate must not be susceptible to editing. The certificate must contain all information required by this chapter.
Course notifications and participant lists provided to the board must indicate whether the course is conducted electronically.

B. Electronic courses must meet all other requirements for refresher courses as established in this chapter.

C. For auditing purposes, the board must have unrestricted access to the electronic course at any time during which the course is conducted.

D. For purposes of this section, electronic delivery includes real-time virtual training and asynchronous delivery of training courses.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-420 Recordkeeping and provision of records to the board

A. Each accredited lead training program must maintain and make available upon request from the board the following records:

All documents specified in 18VAC15-30-360 that demonstrate the qualifications listed in 18VAC15-30-340 of the training manager and principal instructors.
Current curriculum or course materials and documents reflecting any changes made to these materials.
Course examination.
Information on how the hands-on assessment is conducted, including who conducts the assessment, how the skills are graded, what facilities are used, and the pass-fail rate.
The quality control plan described in 18VAC15-30-410.
Results of each student's hands-on skills assessments and course examination and a copy of each student's course completion certificate.
Any other material not listed in this chapter that was submitted to the board as part of the application for accreditation.

The accredited lead training provider must retain these records at the location specified on the training program application for a minimum of three years and six months.

B. The training manager must notify the board at least 48 hours prior to the start date of any accredited lead training program.

C. The training manager must provide an updated notification when an accredited lead training program will begin on a date other than the start date specified in the original notification as follows:

For accredited lead training programs beginning prior to the start date provided to the board, an updated notification must be received by the board at least 48 hours before the new start date.
For accredited lead training programs beginning after the start date provided to the board, an updated notification must be received by the board at least 48 hours before the start date provided to the board.

D. The training manager must update the board of any change in location of an accredited lead training program at least seven business days prior to the start date provided to the board.

E. The training manager must update the board regarding any accredited lead training program cancellations or any other change to the original notification at least two business days prior to the start date provided to the board. This requirement will not apply to situations or circumstances beyond the control of the training provider.

F. Each notification must include the following:

Notification type (i.e., original, update, cancellation).
Training program name, Virginia accreditation number, address, and telephone number.
Course discipline, type (initial or refresher), and the language in which the instruction will be given.
Dates and times of training.
Training locations, telephone number, and address.
Principal instructor's name.
Training manager's name and signature.

G. The training program participant list must be completed by the training provider and training program participants daily.

H. The training program participant list must be retained by the training provider for three years following the date of completion of the training program.

I. The training manager must provide to the board the accredited lead training program participant list no later than 10 business days following the training program completion.

J. The training program participant list must include the following:

Training program name, Virginia accreditation number, address, and telephone number.
Course discipline and type (initial or refresher).
Dates of training.
Each participant's name, address, social security number, course completion certificate number, and course test score.
Training manager's name and signature.

K. Notifications and training program participant lists must be submitted electronically in the manner acceptable to the board.

L. The training provider must retain all examinations completed by training program participants for a period of three years.

M. The department will not recognize training certificates from approved training providers that fail to comply with the notification requirements of this section or fail to provide a training program participant list as required by this section.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; Volume 20, Issue 24, eff. September 8, 2004; Volume 23, Issue 3, eff. December 1, 2006; Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-430 Change of address

The accredited lead training provider must notify the board within 30 days prior to relocating its business or transferring the records.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-435 Access by the department

Accredited training providers must permit department representatives to attend, evaluate, and monitor any accredited training program. No prior notice of attendance by department representatives is required. The department will be given access to all course materials, principal instructor and training manager rosters, participant rosters, and other records as stipulated by this chapter.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-437 Suspension or revocation of approval of an accredited lead training provider

The board may suspend, revoke, or modify an accredited lead training program's approval if an accredited lead training provider, training manager, or other person with supervisory authority over the training program has:

Misrepresented the contents of a training course to the board or the student population.
Failed to submit required information or notification in a timely manner.
Failed to submit training program notification as required and in the manner described in 18VAC15-30-420.
Failed to submit training program participant lists as required and in the manner described in 18VAC15-30-420.
Failed to maintain required records.
Falsified accreditation records, qualifications of the training manager and principal instructors, or other accreditation information.
Failed to comply with the federal, state, or local lead-based paint statutes or regulations.
Acted as an ostensible licensee for undisclosed persons who do or will control or direct, directly or indirectly, the operations of the accredited lead training provider's business.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

Part VII Training Course Curricula Requirements

18VAC15-30-440 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-450 Initial training criteria for lead abatement worker

A. The lead abatement workers course must last a minimum of 16 hours with a minimum of eight hours devoted to hands-on training. The training course must address the following topics:

Role and responsibilities of an abatement worker.
Background information and health effects of lead.
Background information on federal, state, and local regulations and guidance that pertains to lead-based paint activities.
Lead-based paint hazard recognition and control methods.
Lead-based paint abatement and lead hazard reduction methods, including restricted work practices.
Interior dust abatement methods or cleanup or lead hazard reduction.
Soil and exterior dust abatement methods or lead hazard reduction.
Examination.

B. The topics in subdivisions A 4, A 5, A 6, and A 7 of this section must include hands-on training.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-460 Initial training criteria for lead abatement supervisor

A. The lead abatement supervisor course must last a minimum of 32 hours with a minimum of eight hours devoted to hands-on training. The training course must address the following topics:

Role and responsibilities of an abatement supervisor.
Background information on lead and the adverse health effects.
Background information on federal, state, and local regulations and guidance that pertains to lead-based paint activities, including distribution and thorough review of this chapter.
Liability and insurance issues relating to lead-based paint abatement.
Risk assessment and inspection report interpretation.
Development and implementation of an occupant protection plan and abatement report.
Lead-based paint hazard recognition and control methods.
Lead-based paint abatement or lead hazard reduction methods, including restricted work practices.
Interior dust abatement or cleanup or lead hazard reduction.
Soil and exterior dust abatement or lead hazard reduction.
Clearance standards and testing.
Clean-up and waste disposal.
Recordkeeping.
Examination.

B. The topics in subdivisions A 5, A 7, A 8, A 9, and A 10 of this section must include hands-on training.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-470 Initial training criteria for lead inspector

A. The lead inspector course must last a minimum of 24 hours with a minimum of eight hours devoted to hands-on training. The training course must address the following topics:

Background information on lead.
Health effects of lead.
Background information on federal, state, and local regulations and guidance that pertains to lead-based paint activities, including distribution and thorough review of this chapter.
Roles and responsibilities of the lead-based paint inspector.
Lead-based paint inspection methods, including selection of rooms and components for sampling or testing.
Paint, dust, and soil sampling methodologies.
Preparation of the final inspection report.
Clearance standards and testing, including random sampling.
Recordkeeping.
Examination.

B. The topics in subdivisions A 5, A 6, A 7, and A 8 of this section must include hands-on training.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-480 Initial training criteria for lead risk assessors

A. The lead risk assessor course must last a minimum of 16 hours and must address the following topics with a minimum of four hours devoted to hands-on training, which includes site visits:

Role and responsibilities of a risk assessor.
Background information on federal, state, and local regulations and guidance that pertains to lead-based paint activities, including distribution and thorough review of this chapter.
Collection of background information to perform risk assessment.
Visual inspection for the purpose of identifying potential sources of lead-based hazards.
Sources of environmental lead contamination such as paint, surface dust, water, air, packaging, and food.
Lead hazard screen protocol.
Sampling for other sources of lead exposure.
Interpretation of lead-based paint and other sampling results.
Development of hazard control options, the role of interim controls, and operations and maintenance activities to reduce lead-based paint hazards.
Preparation of a final risk assessment report.
Examination.

B. The topics in subdivision A 4 and A 7 of this section must include hands-on training.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-490 Initial training criteria for lead project designer

The lead project designer course must last a minimum of eight hours and must address the following topics:

Role and responsibilities of a project designer.
Development and implementation of an occupant protection plan for large scale abatement projects.
Lead-based paint abatement and lead-based paint hazard reduction methods for large scale abatement projects.
Interior dust abatement or cleanup or lead hazard control and reduction methods for large scale abatement projects.
Clearance standards and testing for large scale abatement projects.
Integration of lead-based paint abatement methods with modernization and rehabilitation projects for large scale abatement projects.
Examination.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-500 Refresher training criteria

A. All lead refresher courses must be a minimum of eight training hours, except for the project designer refresher course, which must be a minimum of four training hours.

B. The refresher course for all disciplines must address the following topics:

An overview of current safety practices relating to lead-based paint activities in general, as well as specific information pertaining to the appropriate discipline.
Current federal, state, and local laws and regulations relating to lead-based paint activities in general, as well as specific information pertaining to the appropriate discipline including distribution and thorough review of this chapter.
Current technologies relating to lead-based paint in general, as well as specific information pertaining to the appropriate discipline.

C. Refresher courses for all disciplines, except project designer, must include a hands-on component.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; Volume 42, Issue 8, eff. January 2, 2026.

Part VIII Standards for Conducting Lead-Based Paint Activities

18VAC15-30-510 General requirements

A. This part establishes work practice standards for conducting lead-based paint activities in target housing and child-occupied facilities.

B. Notification must be sent by the licensed lead abatement contractor to the Virginia Department of Labor and Industry prior to the commencement of any lead-based paint abatement activities.

C. No lead contractor may enter into a contract to perform a lead abatement project if the lead inspection or project design is to be performed by individuals with an employer-employee relationship with, or financial interest in, the lead contractor unless the contractor provides the building owner with a "Virginia Lead Consumer Information and Disclosure Sheet," which is available from the board.

D. The relationships described in subsection C of this section must be disclosed, and the disclosure form must be signed and dated by the building owner or the building owner's agent and the contracting entity prior to the signing of any contract to conduct lead-based paint activities. The contractor must provide the disclosure form to all parties involved in the lead abatement project. The disclosure form must be kept on the lead abatement project site and available for review.

E. Persons licensed to perform post-abatement clearance procedures must be independent of and have no financial interest in or employer-employee relationship with the licensed lead abatement contractor.

F. When performing a lead-based paint inspection, lead-hazard screen, risk assessment, or abatement, a licensed individual must perform that activity in compliance with documented methodologies. The following documented methodologies that are appropriate for this chapter are incorporated by reference:

U.S. Department of Housing and Urban Development (HUD) Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing, Second Edition, July 2012.
40 CFR Part 745, Subpart D (January 6, 2020, update).
EPA Guidance on Residential Lead-Based Paint, Lead-Contaminated Dust and Lead-Contaminated Soil (60 FR 47248-47257, September 11, 1995).
EPA Residential Sampling for Lead: Protocols for Dust and Soil Sampling, Final Report (EPA 747-R-95-001, March 1995).

G. Any lead-based paint activities, as described in this chapter, must be performed only by individuals licensed by the board to perform such activities.

H. All reports and plans required by 18VAC15-30-520 through 18VAC15-30-651 must be maintained by the licensed firm or individual who prepared the report for at least three years. The licensed firm or individual also must provide copies of these reports to the building owner or person who contracted for its services.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; Volume 23, Issue 3, eff. December 1, 2006; Volume 39, Issue 23, eff. September 1, 2023; Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-511 Determination of the presence of lead-based paint, a paint-lead hazard, a dust-lead hazard, and a soil-lead hazard

A. Lead-based paint is present:

On any surface that is tested and found to contain lead equal to or in excess of 1.0 milligrams per square centimeter or equal to or in excess of 0.5% by weight; and
On any surface like a surface tested in the same room equivalent that has a similar painting history and that is found to be lead-based paint.

B. A paint-lead hazard is present:

On any friction surface that is subject to abrasion and where the lead dust levels on the nearest horizontal surface underneath the friction surface (e.g., the window sill or floor) are equal to or greater than the dust hazard levels identified in 40 CFR 745.65(b);
On any chewable lead-based paint surface on which there is evidence of teeth marks;
Where there is any damaged or otherwise deteriorated lead-based paint on an impact surface that is caused by impact from a related building component (such as a door knob that knocks into a wall or a door that knocks against its door frame); and
If there is any other deteriorated lead-based paint in any residential building or child-occupied facility or on the exterior of any residential building or child-occupied facility.

C. A dust-lead hazard is present in a residential dwelling or child-occupied facility:

In a residential dwelling on floors and interior window sills when the weighted arithmetic mean lead loading for all single surface or composite samples of floors and interior window sills are equal to or greater than the amount identified in 40 CFR 745.227(h)(3) for floors and interior window sills;
On floors or interior window sills in an unsampled residential dwelling in a multi-family dwelling, if a dust-lead hazard is present on floors or interior window sills, respectively, in at least one sampled residential unit on the property; and
On floors or interior window sills in an unsampled common area in a multi-family dwelling, if a dust-lead hazard is present on floors or interior window sills, respectively, in at least one sampled common area in the same common area group on the property.

D. A soil-lead hazard is present:

In a play area when the soil-lead concentration from a composite play area sample of bare soil is equal to or greater than the amount identified in 40 CFR 45.227(h)(4); or
In the rest of the yard when the arithmetic mean lead concentration from a composite sample (or arithmetic mean of composite samples) of bare soil from the rest of the yard (i.e., nonplay areas) for each residential building on a property is equal to or greater than the amount identified in 40 CFR 745.227(h)(4).

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. October 1, 2003; Errata 19:26 VA.R. 2926 September 8, 2003; amended, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-520 Inspections

A. Inspections must be conducted only by persons licensed by the board as an inspector or risk assessor.

B. When conducting an inspection, the following locations must be selected according to documented methodologies and tested for the presence of lead-based paint:

In a residential dwelling or child-occupied facility, each testing combination with a distinct painting history and each exterior testing combination with a distinct painting history must be tested for lead-based paint, except those testing combinations that the inspector or risk assessor determines to have been replaced after 1978, or do not contain lead-based paint.
In a multi-family dwelling or child-occupied facility, each testing combination with a distinct painting history in every common area, except those testing combinations that the inspector or risk assessor determines to have been replaced after 1978, or do not contain lead-based paint.

C. Paint must be sampled in the following manner:

The analysis of paint to determine the presence of lead must be conducted using documented methodologies that incorporate adequate quality control procedures; and
Collected paint chips must be sent to a laboratory recognized by EPA as being capable of performing the analysis.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-530 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; repealed, Virginia Register Volume 19, Issue 24, eff. October 1, 2003.

18VAC15-30-540 Written inspection report

The licensed inspector or risk assessor must prepare an inspection report that must include the following information:

Date of each inspection.
Address of buildings.
Date of construction.
Apartment numbers (if applicable).
Name, address, and telephone number of the owner of each residential dwelling or child-occupied facility.
Name, signature, and license number of each licensed inspector or risk assessor conducting testing.
Name, address, and telephone number of the firm employing each inspector or risk assessor.
Each testing method and device or sampling procedure employed for paint analysis, including quality control data, and, if used, the serial number of any XRF device.
Specific locations of each painted testing combination tested for the presence of lead-based paint.
The results of the inspection expressed in terms appropriate to the sampling methods used.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; Errata 19:26 VA.R. 2926 September 8, 2003; amended, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-541 Lead hazard screen

A. A lead hazard screen must only be conducted by individuals licensed by the board as a risk assessor.

B. If conducted, a lead hazard screen must be conducted as follows:

Background information regarding the physical characteristics of the residential dwelling or child-occupied facility and occupant use patterns that may cause lead-based paint exposure to one or more children six years of age and younger must be collected.
A visual inspection of the residential dwelling or child-occupied facility must be conducted to:

a. Determine if any deteriorated paint is present; and

b. Locate at least two dust sampling locations.

If deteriorated paint is present, each surface with deteriorated paint that is determined to be in poor condition by using documented methodologies and to have a distinct painting history must be tested for the presence of lead.
In residential dwellings, two composite dust samples must be collected, one from the floors and the other from the windows, in rooms, hallways, or stairwells where one or more children six years of age and younger are likely to come in contact with dust.
In multi-family dwellings and child-occupied facilities, in addition to the floor and window samples required in 18VAC15-30-550 B 4, the risk assessor must also collect composite dust samples from common areas where children six years of age and younger are most likely to come into contact with dust.

C. Dust samples must be collected in the following manner:

All dust samples must be taken using documented methodologies that incorporate adequate quality control procedures.
All dust samples must be sent to a laboratory recognized by EPA as being capable of performing the analysis to determine if they contain detectable levels of lead that can be quantified numerically.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. October 1, 2003; amended, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-542 Written lead hazard screen report

After a lead hazard screen has been conducted, a written hazard screen report must be prepared by the risk assessor. A lead hazard screen report must contain the following minimum information:

The information identified in a risk assessment report as specified in 18VAC15-30-610. Additionally, any background information collected pursuant to 18VAC15-30-541 B 1 must be included in the report.
Recommendations, if warranted, for a follow-up risk assessment, and as appropriate, any further actions.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. October 1, 2003; amended, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-550 Risk assessment

A. A risk assessment must only be conducted by individuals licensed by the board as risk assessors.

B. If conducted, a risk assessment must be conducted as follows:

A visual inspection for risk assessment of the residential dwelling or child-occupied facility must be undertaken to locate the existence of deteriorated paint, assess the extent and causes of deterioration, and other potential lead-based paint hazards.
Background information regarding the physical characteristics of the residential dwelling or child-occupied facility and occupant use patterns that may cause lead-based paint exposure to one or more children six years of age and younger must be collected.
The following surfaces that are determined, using documented methodologies, to have a distinct painting history must be tested for the presence of lead:

a. Each friction surface or impact surface with visibly deteriorated paint; and

b. All other surfaces with visibly deteriorated paint.

In residential dwellings, dust samples (either composite or single-surface samples) from any interior window sill and floor must be collected and analyzed for lead concentration in living areas where one or more children six years of age and younger are most likely to come into contact with dust.
For multi-family dwellings and child-occupied facilities, the samples required in subdivision 3 of this subsection must be taken. In addition, interior window sill and floor dust samples (either composite or single-surface samples) must be collected and analyzed for lead concentration in the following locations:

a. Common areas adjacent to the sampled residential dwelling or child-occupied facility; and

b. Other common areas in the building where the risk assessor determines that one or more children six years of age and younger are likely to come into contact with dust.

For child-occupied facilities, interior window sill and floor dust samples (either composite or single-surface samples) must be collected and analyzed for lead concentration in each room, hallway, or stairwell utilized by one or more children six years of age and younger and in other common areas in the child-occupied facility where one or more children six years of age and younger are likely to come into contact with dust.
Soil samples must be collected and analyzed for lead concentrations in the following locations:

a. Exterior play areas where bare soil is present;

b. The rest of the yard (i.e., nonplay areas) where bare soil is present; and

c. Dripline or foundation areas where bare soil is present.

Any paint, dust, or soil sampling or testing must be conducted using documented methodologies that incorporate adequate quality control procedures.
Any collected paint chip, dust, or soil sample must be sent for analysis to a laboratory recognized by EPA as being capable of performing these activities.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-560 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; repealed, Virginia Register Volume 19, Issue 24, eff. October 1, 2003.

18VAC15-30-610 Written risk assessment report

After an assessment has been conducted, a written assessment report must be completed. A risk assessment report must contain the following minimum information:

Date of assessment.
Address of each building.
Date of construction of each building.
Apartment numbers (if applicable).
Name, address, and telephone number of each owner of each building.
Name, signature, and license number of the licensed risk assessor conducting the assessment.
Name, address, and telephone number of the firm employing each risk assessor.
Name, address, and telephone number of each recognized laboratory conducting analysis of collected samples.
Results of the visual inspection.
Testing method and sampling procedures for paint analysis employed.
Specific locations of each painted testing combination tested for the presence of lead-based paint.
All data collected from on-site testing, including quality control and, if used, the serial number of any XRF device.
All results of laboratory analysis on collected paint, soil, and dust samples.
Any other sampling results.
Any background information collected pursuant to 18VAC15-30-550 B 2.
To the extent that they are used as part of the lead-based paint hazard determination, the results of any previous inspections or analyses for the presence of lead-based paint or other assessments of lead-based paint related hazards.
A description of the location, type, and severity of identified lead-based paint hazards and any other potential lead hazard.
A description of interim controls or abatement options for each identified lead-based paint hazard and a suggested prioritization for addressing each hazard. If the use of an encapsulant or enclosure is recommended, the report must recommend a maintenance and monitoring schedule for the encapsulant or enclosure.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-620 Abatement

A. Abatement must be conducted only by individuals licensed by the board as supervisors or workers and employed by a lead contractor.

B. A licensed lead abatement supervisor is required for each abatement project and must be on site during all work site preparation and during the post-abatement cleanup of work areas. At all other times when abatement activities are being conducted, the licensed supervisor must be on site or available by telephone, pager, or answering service and able to be present at the work site in no more than two hours.

C. The licensed lead abatement supervisor and the lead contractor employing the supervisor must ensure that all abatement activities are conducted according to the requirements of this chapter and all other federal, state, and local regulations.

D. A written occupant protection plan must be developed for all abatement projects and must be prepared according to the following procedures:

The occupant protection plan must be unique to each residential dwelling or child-occupied facility and be developed prior to the abatement. The occupant plan must describe the measures and management procedures that will be taken during the abatement to protect the building occupants from exposure to any lead-based paint hazard.
A licensed lead abatement supervisor or lead project designer must prepare the occupant protection plan.

E. The following work practices must be restricted during an abatement:

Open-flame burning or torching of lead-based paint is prohibited.
Machine sanding or grinding or abrasive blasting of lead-based paint is prohibited unless used with High Efficiency Particulate Air (HEPA) exhaust control that removes particles of 0.3 microns or larger from the air at 99.97% or greater efficiency.
Dry scraping of lead-based paint is permitted only in conjunction with heat guns or around electrical outlets or when treating defective paint spots totaling no more than two square feet in any one room, hallway, or stairwell or totaling no more than 20 square feet on exterior surfaces.
Operating a heat gun on lead-based paint is permitted only at temperatures below 1100°F.

F. If the soil is removed:

The soil must be replaced by soil with a lead concentration as close to local background as practicable, but no greater than 400 ppm.
The soil that is removed must not be used as topsoil at another residential property or child-occupied facility.
If soil is not removed, the soil must be permanently covered as defined in 18VAC15-30-20.

G. An abatement report must be prepared by a licensed lead abatement supervisor or lead project designer. The abatement report must include the following information:

Start and completion dates of abatement.
The name and address of each licensed lead abatement contractor conducting the abatements and the name of each licensed lead abatement supervisor assigned to the abatement project.
The occupant protection plan prepared pursuant to subsection D of this section.
The name, address, and signature of each licensed risk assessor or inspector conducting clearance sampling and the date of clearance testing.
The results of clearance testing, the name of each recognized laboratory that conducted the analysis, and the name and signature of the person conducting the analysis.
A detailed written description of the abatement, including abatement methods used, locations of rooms and components where abatement occurred, and reason for selecting particular abatement methods for each component and any suggested monitoring of encapsulants or enclosures.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-630 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; repealed, Virginia Register Volume 19, Issue 24, eff. October 1, 2003.

18VAC15-30-650 Post-abatement clearance procedures

The following post-abatement clearance procedures must be performed by a licensed inspector or licensed risk assessor:

Following an abatement, a visual inspection must be performed by the licensed inspector or licensed risk assessor to determine if there are any deteriorated painted surfaces or visible amounts of dust, debris, or residue still present. If deteriorated painted surfaces or visible amounts of dust, debris, or residue are present, these conditions must be eliminated prior to the continuation of the clearance procedures.
Following a successful visual inspection for clearance, but no sooner than one hour after completion of final post abatement clean-up, clearance sampling must be conducted.
Clearance sampling may be conducted by employing single-surface or composite sampling techniques and must be taken using documented methodologies that incorporate adequate quality control procedures.
The following post-abatement clearance activities must be conducted, as appropriate, based upon the extent or manner of abatement activities conducted in or to the residential dwelling or child-occupied facility.

a. After conducting an abatement with containment between abated and unabated areas, one dust sample must be taken from one interior window sill and from one window trough (if present) and one dust sample must be taken from the floors of each of no less than four rooms, hallways, or stairwells within the containment area. In addition, one dust sample must be taken from the floor outside the containment area. If there are fewer than four rooms, hallways, or stairwells within the containment area, then all rooms, hallways, and stairwells must be sampled.

b. After conducting an abatement with no containment, two dust samples must be taken from each of no less than four rooms, hallways, or stairwells in the residential dwelling or child-occupied facility. One dust sample must be taken from one interior window sill and window trough (if present), and one dust sample must be taken from the floor of each room, hallway, or stairwell selected. If there are fewer than four rooms, hallways, or stairwells within the residential dwelling or child-occupied facility, then all rooms, hallways, and stairwells must be sampled.

c. Following an exterior paint abatement, a visual inspection must be conducted. All horizontal surfaces in the outdoor living area closest to the abated surfaces must be found to be cleaned of visible dust and debris. In addition, a visual inspection must be conducted to determine the presence of paint chips on the dripline or next to the foundation below any exterior surface abated. If paint chips are present, they must be removed from the site and properly disposed of, according to all applicable federal, state, and local requirements.

The rooms, hallways, or stairwells selected for sampling must be selected according to documented methodologies.
The licensed inspector or licensed risk assessor must compare the residual lead level (as determined by the laboratory analysis) from each single surface dust sample with the clearance levels, as established in 40 CFR 745.227(e)(8), for lead in dust on floors, interior window sills, and window troughs or from each composite dust sample with the applicable clearance levels for lead in dust on floors, interior window sills, and window troughs divided by half the number of subsamples in the composite sample. If the residual lead level in a single surface dust sample equals or exceeds the applicable clearance level or if the residual lead level in a composite dust sample equals or exceeds the applicable clearance level divided by half the number of subsamples in the composite sample, the components represented by the failed sample must be recleaned and retested.
In multi-family dwellings with similarly constructed and maintained residential dwellings, random sampling for the purpose of clearance may be conducted, provided:

a. The licensed individuals who abate or clean the residential dwellings do not know which residential dwelling will be selected for the random sample.

b. A sufficient number of residential dwellings are selected for dust sampling to provide a 95% level of confidence that no more than 5.0% or 50 dwellings (whichever is less) in the randomly sampled population exceed the appropriate clearance levels.

c. The randomly selected residential dwellings must be sampled and evaluated for clearance according to the procedures found in this chapter.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-651 Composite dust sampling

Composite dust sampling may be used in situations specified in 18VAC15-30-520 through 18VAC15-30-610. If such sampling is conducted, the following conditions apply:

Composite dust samples must consist of at least two subsamples;
Every component that is being tested must be included in the sampling; and
Composite dust samples must not consist of subsamples taken from more than one type of component.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. October 1, 2003; amended, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-660 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; repealed, Virginia Register Volume 19, Issue 24, eff. October 1, 2003.

Part IX General Standards of Practice and Conduct

18VAC15-30-760 Responsibility to the public

The primary obligation of the licensee is to the public. If the licensee's judgment is overruled and not adhered to when advising appropriate parties of circumstances of a substantial threat to the public health, safety, and welfare, the licensee will inform the employer or client, as applicable, of the possible consequences and notify appropriate authorities.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-770 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-780 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-790 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; Volume 31, Issue 20, eff. August 1, 2015; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-795 Response to inquiry and provision of records

A. A licensee must respond within 10 days to a request by the board or any of its agents regarding any complaint filed with the department.

B. Unless otherwise specified by the board, a licensee of the board must produce to the board or any of its agents within 10 days of the request any document, book, or record concerning any transaction pertaining to a complaint filed in which the licensee was involved or for which the licensee is required to maintain records. The board may extend such timeframe upon a showing of extenuating circumstances prohibiting delivery within such 10-day period.

C. No licensee will provide a false, misleading, or incomplete response to the board or any of its agents seeking information in the investigation of a complaint filed with the board.

D. With the exception of the requirements of subsection A or B of this section, a licensee must respond to an inquiry by the board or its agent within 21 days.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-800 Notice of adverse action

A. A licensee, accredited lead training provider, training manager, or principal instructor must notify the board of the following:

Any disciplinary action taken by any jurisdiction, board, or administrative body, including any (i) reprimand; (ii) license or certificate revocation, suspension, or denial; (iii) monetary penalty; (iv) requirement for remedial education; or (v) other corrective action against the individual's license or approval to conduct lead-based paint activities.
Any voluntary surrendering of a related license, certificate, or registration done in connection with a disciplinary action in another jurisdiction against the individual's license or approval to conduct lead-based paint activities.
Any conviction, finding of guilt, or plea of guilty, regardless of adjudication or deferred adjudication, in any jurisdiction of the United States of any (i) felony; (ii) misdemeanor conviction related to environmental remediation activity; and (iii) misdemeanor conviction, excluding marijuana convictions, there being no appeal pending therefrom or the time for appeal having lapsed.

B. The notice must be made to the board in writing within 30 days of the action. A copy of the order or other supporting documentation must accompany the notice.

C. Licensees, accredited lead training providers, training managers, or principal instructors may be subject to disciplinary action or removal of a lead training program accreditation for disciplinary actions taken by another jurisdiction.

History

Statutory Authority: § 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-810 Grounds for disciplinary action

A. The board has the power to reprimand, fine, or suspend or revoke the license or training program approval

of any licensee or training provider in accordance with § 54.1-516 of the Code of Virginia or this chapter when the licensee or training provider has been found to have violated or cooperated with others in violating any provision of Chapter 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), 3 (§ 54.1-300 et seq.), or 5 (§ 54.1-500 et seq.) of Title 54.1 of the Code of Virginia or this chapter.

B. Any individual or firm whose license or training program approval is revoked will not be eligible to reapply for a period of 12 months from the effective date of the order of revocation.

C. Any unlawful act or violation of any provision of Chapter 5 of Title 54.1 of the Code of Virginia or of the regulations of the board by any lead supervisor or lead worker may be cause for disciplinary action against the lead contractor for whom the individual works if it appears to the satisfaction of the board that the lead contractor knew or should have known of the unlawful act or violation.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; Volume 23, Issue 3, eff. December 1, 2006; Volume 31, Issue 20, eff. August 1, 2015; Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-815 Prohibited acts

The following acts are prohibited and any violation may result in disciplinary action by the board:

Violating, inducing another to violate, cooperating with another to violate, or combining or conspiring with or acting as agent, partner, or associate for another to violate any of the provisions of Chapter 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), 3 (§ 54.1-300 et seq.) or 5 (§ 54.1-500 et seq.) of Title 54.1 of the Code of Virginia or any regulations of the board.
Obtaining or attempting to obtain a license or training program approval by false or fraudulent representation or maintaining, renewing, or reinstating a license or training program approval by false or fraudulent representation.
Failing to notify the board in writing within 30 days after any change in address or name.
Having been convicted, found guilty, or disciplined in any jurisdiction of any offense or violation enumerated in 18VAC15-30-800. Review of convictions will be subject to the requirements of § 54.1-204 of the Code of Virginia.
Failing to notify the board in writing within 30 days of being convicted, found guilty, or disciplined in any jurisdiction of any offense or violation enumerated in 18VAC15-30-800.
Violating any provision of any federal or state regulation pertinent to lead-based paint activities.
Committing any action constituting negligence, misconduct, or incompetence in the practice of the profession, including:

a. Having undertaken to perform or performed a professional assignment that the licensee is not qualified to perform by education, experience, training, or appropriate licensure.

b. Not demonstrating reasonable care, judgment, or application of the required knowledge, skill, and ability in the performance of the licensee's duties.

c. Failing to act in a manner that safeguards the interests of the public when providing professional services.

Committing any action constituting engaging in improper, fraudulent, or dishonest conduct, including:

a. Making any misrepresentation or engaging in acts of fraud or deceit in advertising, soliciting, or in providing professional services.

b. Allowing a license issued by the board to be used by another.

c. Altering, falsifying, or issuing a fraudulent Virginia lead license or a training certificate.

Acting as or being an ostensible licensee for undisclosed persons who do or will control or direct, directly or indirectly, the operations of a licensee's business.
Failing or neglecting to submit information or documentation requested by the board or its representatives.
Refusing to allow state or federal representatives access to any area of an abatement site for the purpose of lawful compliance inspections.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-820 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; Volume 20, Issue 24, eff. September 8, 2004; Volume 23, Issue 3, eff. December 1, 2006; repealed, Virginia Register Volume 42, Issue 8, eff. January 2, 2026.

18VAC15-30-830 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 13, Issue 2, eff. November 13, 1996; amended, Volume 13, Issue 10, eff. April 1, 1997; Volume 16, Issue 11, eff. May 1, 2000; repealed, Virginia Register Volume 19, Issue 24, eff. October 1, 2003.

Chapter 40 Home Inspector Licensing Regulations

Part I General

18VAC15-40-10 Definitions

A. Section 54.1-500 of the Code of Virginia provides definitions of the following terms and phrases as used in this chapter:

"Board"

"Home inspection"

"Home inspector"

"Person"

"Residential building"

B. Section 54.1-517.2:1 of the Code of Virginia provides definitions of the following terms and phrases as used in 18VAC15-40-130:

"Bonding"

"Corrugated stainless steel tubing"

"Grounding"

C. The following words and terms when used in this chapter shall have the following meanings unless a different meaning is provided or is plainly required by the context:

"Address of record" means the address designated by the licensee to receive notices and correspondence from the board.

"Adjacent" means adjoining or within three feet of the residential building and that may affect the residential building.

"Applicant" means an individual who has submitted an application for licensure.

"Application" means a completed, board-prescribed form submitted with the appropriate fee and other required documentation.

"Client" means a person who engages the services of a home inspector for a home inspection.

"Compensation" means the receipt of monetary payment or other valuable consideration for services rendered.

"Contact hour" means 50 minutes of participation in a structured training activity.

"Course of construction inspection" means one or more inspections conducted during the construction of a new residential structure.

"CPE" means continuing professional education.

"Department" means the Department of Professional and Occupational Regulation.

"Describe" means to report a system or component by its type or other observed significant characteristics to distinguish it from other systems or components.

"Direct supervision" means that a licensed home inspector is physically present on the premises at all times and is at all times responsible for compliance with this chapter.

"Financial interest" means financial benefit accruing to an individual or to a member of an individual's immediate family. Such interest shall exist by reason of (i) ownership in a business if the ownership exceeds 3.0% of the total equity of the business; (ii) annual gross income that exceeds or may be reasonably anticipated to exceed $2,000 from ownership in real or personal property or a business; (iii) salary, other compensation, fringe benefits, forgiveness of debt, or benefits from the use of property, or any combination of these, paid or provided by a person that exceeds or may be reasonably expected to exceed $2,000 annually; (iv) ownership of real or personal property if the interest exceeds $2,000 in value and excluding ownership in business, income, salary, other compensation, fringe benefits, or benefits from the use of property; (v) personal liability incurred or assumed on behalf of a business if the liability exceeds 3.0% of the asset value of the business; or (vi) an option for ownership of a business, real property, or personal property if the ownership interest will consist of clause (i) or (iv) of this definition.

"Fireplace" means an assembly consisting of a hearth and fire chamber of noncombustible material provided with a chimney for use with solid fuel.

"Foundation" means the element of a structure that connects to the ground and transfers loads from the structure to the ground. Foundations may be shallow or deep.

"Good working order" means, with respect to a smoke alarm inspected during a home inspection, that the smoke alarm is securely attached, not physically damaged, and operation of the test function is successful.

"Licensee" means a home inspector as defined in Chapter 5 (§ 54.1-500 et seq.) of Title 54.1 of the Code of Virginia.

"Licensure" means a method of regulation whereby the Commonwealth, through the issuance of a license, authorizes a person possessing the character and minimum skills to engage in the practice of a profession or occupation that is unlawful to practice without such license.

"New residential structure" or "NRS" means a residential structure for which the first conveyance of record title to a purchaser has not occurred or the purchaser has not taken possession, whichever occurs later.

"NRS specialty" means a designation granted by the board to a home inspector that authorizes such licensee to conduct a home inspection on a new residential structure.

"Outbuilding" means any structure on the property that is more than three feet from the residential building and that may affect the residential building.

"Qualifying experience" means the experience used by a home inspector applicant to qualify for licensure.

"Readily accessible" means available for access without requiring moving or removing of any obstacles.

"Reinstatement" means the process and requirements through which an expired license can be made valid without the licensee having to apply as a new applicant.

"Renewal" means the process and requirements for periodically approving the continuance of a license.

"Residential structure" means a structure consisting of no more than two dwelling units or a townhouse.

"Smoke alarm" means (i) a single station or multiple station alarm responsive to smoke; or (ii) a "smoke detector" as used in Chapter 398 of the 2022 Acts of Assembly.

"Solid fuel-burning appliances" means chimney-connected devices that burn solid fuel for purposes of heating, cooking, or both. Such appliances include wood stoves, fireplace wood-burning inserts, wood pellet-burning appliances, or similar solid fuel-burning devices.

"Virginia Residential Code" means the provisions of the Virginia Construction Code (Part I (13VAC5-63-10 through 13VAC5-63-390) of 13VAC5-63) applicable to R-5 residential structures and includes provisions of the International Residential Code as amended by the Board of Housing and Community Development.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 27, Issue 11, eff. April 1, 2011; Volume 33, Issue 14, eff. April 17, 2017; Volume 33, Issue 19, eff. July 1, 2017; Volume 33, Issue 26, eff. September 20, 2017; Volume 40, Issue 21, eff. August 1, 2024; Volume 42, Issue 1, eff. October 1, 2025.

18VAC15-40-20 Necessity for licensure

A. It shall be unlawful for any individual who does not possess a license as a home inspector issued by the board to perform a home inspection.

B. A home inspection on a new residential structure, to include any course of construction inspection, shall only be conducted by a home inspector with the NRS specialty.

C. An individual who does not hold a license as a home inspector and who is only conducting inspections of a component or system of a residential building is not considered to be performing a home inspection.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 33, Issue 19, eff. July 1, 2017; Volume 42, Issue 1, eff. October 1, 2025.

Part II Entry

18VAC15-40-25 Application procedures

A. All applicants seeking licensure must submit an application with the appropriate fee specified in 18VAC15-40-50. Application will be made on forms provided by the board or the board's agent.

By submitting the application to the department, the applicant certifies that the applicant has read and understands the applicable statutes and the board's regulations.
The receipt of an application and the deposit of fees by the board do not indicate approval of the application by the board.

D. The applicant must immediately report all changes in information supplied with the application, if applicable, prior to issuance of the license or expiration of the application.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 19, eff. July 1, 2017; amended, Virginia Register Volume 40, Issue 21, eff. August 1, 2024; Volume 42, Issue 1, eff. October 1, 2025.

18VAC15-40-30 General requirements for licensure

A. In addition to the provisions of 18VAC15-40-32, every applicant for a home inspector license must meet the requirements provided in this section.

B. The applicant must be at least 18 years old.

C. The applicant must provide an address, which will serve as the address of record. A post office box is only acceptable as the address of record when a physical address is also provided.

D. In accordance with § 54.1-204 of the Code of Virginia, each applicant must disclose the following information:

All misdemeanor convictions, except marijuana convictions, within three years of the date of the application; and
All felony convictions.

The board, in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

E. The applicant for licensure must be in compliance with the standards of conduct and practice set forth in Part V (18VAC15-40-140 through 18VAC15-40-180) of this chapter at the time of application, while the application is under review by the board, and at all times when the license is in effect.

F. The applicant must report any action taken by any board or administrative body in any jurisdiction against a professional or occupational license, certification, or registration issued to the applicant, to include any suspension, revocation, or surrender of a license, certification, or registration; imposition of a monetary penalty; or requirement to take remedial education or other corrective action. The board, in its discretion, may deny licensure to any applicant for any prior action taken by any board or administrative body in any jurisdiction. The applicant has the right to request further review of any such action by the board under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

G. The applicant for licensure must submit evidence satisfactory to the board of having obtained general liability insurance with minimum limits of $250,000 per occurrence. A business liability insurance policy or a commercial general liability insurance policy with minimum limits of $250,000 may be considered to meet such requirement, so long as the applicant is listed as an additional insured. If for any reason the board cannot reasonably ensure that the applicant is sufficiently covered in accordance with this subsection, the board may require that requisite coverage be obtained in the name of the applicant. Proof of such insurance policy must be submitted in order to obtain the license.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 27, Issue 11, eff. April 1, 2011; Volume 31, Issue 20, eff. August 1, 2015; Volume 33, Issue 19, eff. July 1, 2017; Volume 38, Issue 7, eff. December 22, 2021; Volume 42, Issue 1, eff. October 1, 2025.

18VAC15-40-32 Qualifications for licensure

A. Qualifications for licensure. An applicant for licensure as a home inspector must furnish documentation acceptable to the board of the following:

The applicant has passed a board-approved examination. The National Home Inspector Examination provided by the Examination Board of Professional Home Inspectors is the board-approved examination pursuant to § 54.1-517.2 A 2 c of the Code of Virginia.
A minimum of 15 qualifying points from a combination of the following education and experience, with a minimum of five points from each category in Tables 1 and 2. An applicant cannot be assigned points from multiple areas in each table for the same activity for which credit is being sought. Except as provided in Tables 1 and 2, an applicant cannot be assigned points multiple times for the same activity for which credit is being sought.

| TABLE 1 Qualifying Points Table: Education Category | | | | --- | --- | --- | | Points Assigned | Education Description | Maximum Allowable Points | | 5 | Successfully completed a three credit-hour minimum class with a passing grade in home inspection from an accredited college or university pursuant to 18VAC15-40-32 C. | 5 | | 1 | Successfully completed a three credit-hour minimum class with a passing grade in construction, remodeling, engineering, architecture, building design, building technology, or real estate from an accredited college or university pursuant to 18VAC15-40-32 C. * | 3 | | 1 | Successfully completed a four-hour minimum course specific to home inspection contracts, home inspection reports, or topics covered on the board-approved examination. * | 3 | | 5 | Successfully completed a minimum 35-hour prelicense education course approved by the board in accordance with Part VI (18VAC15-40-200 through 18VAC15-40-300) of this chapter. | 5 | | 10 | Successfully completed a minimum 70-hour prelicense education course approved by the board in accordance with Part VI (18VAC15-40-200 through 18VAC15-40-300) of this chapter. | 10 | | * Points may be assigned multiple times for this activity. | | | | TABLE 2 Qualifying Points Table: Experience Category | | | | Points Assigned | Experience Description | Maximum Allowable Points | | 2 | One month of full-time qualifying experience pursuant to subsection B of this section. * | 12 | | 1 | Completion of five home inspections under the direct supervision of a home inspector or without supervision if lawfully conducted as authorized under the laws of the applicable jurisdiction. * | 12 | | 1 | Membership in a home inspector trade or professional association. * | 2 | | 2 | One year teaching at an accredited college or university, trade school, or private business for monetary compensation in construction, remodeling, engineering, architecture, building design, building technology, real estate, or home inspections. * | 6 | | 2 | The qualified individual of a contractor license issued pursuant to Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1 of the Code of Virginia for one or more of the following classifications or specialty services: 1. Residential building contractors (RBC) 2. Home improvement contracting (HIC) 3. Commercial building contractors (CBC) | 2 | | 1 | The qualified individual of a contractor license issued pursuant to Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1 of the Code of Virginia for one or more of the following classifications: * 1. Electrical contractors (ELE) 2. HVAC contractors (HVA) 3. Plumbing contractors (PLB) | 3 | | 2 | Architect or professional engineer licensed pursuant to Chapter 4 (§ 54.1-400 et seq.) of Title 54.1 of the Code of Virginia. | 2 | | 2 | Building code official certified pursuant to the Department of Housing and Community Development Virginia Certification Standards (13VAC5-21). | 2 | | * Points may be assigned multiple times for this activity. | | |

B. Qualifying experience. In order to be acceptable, qualifying experience must meet all of the following:

Experience must be verified by one or more of the following: licensed home inspector; qualified individual or responsible manager of a licensed contractor; or any combination of at least three licensed real estate professionals or clients.
An applicant's experience must have been gained by assisting a properly licensed or certified home inspector, as applicable, and under such home inspector's direct supervision or through the performance of home inspections as authorized under the laws of the applicable jurisdiction.
For the purposes of this part, experience requirements are expressed in terms of calendar periods of full-time employment.

a. A month of full-time qualifying experience is a minimum of 146 hours during a one-month period or a minimum of 18 workdays in a one-month period. More than 146 hours or 18 workdays during a one-month period will not be considered as more than one month of full-time employment.

b. Partial credit may be given for actual hours of qualifying experience if the applicant's experience was gained working less than full time.

C. Accredited colleges or universities and verification procedures. An applicant seeking to qualify for licensure based on completion of a class from an accredited college or university must submit an official transcript from the school where the applicable class was completed. Only classes from an accredited college or university that is approved or accredited by a regional or national accreditation association or an accrediting agency that is recognized by the U.S. Secretary of Education will be considered. An applicant seeking to qualify for licensure based on working or teaching at an accredited college or university must submit evidence satisfactory to the board of employment by the college or university. Only employment with an accredited college or university that is approved or accredited by a regional or national accreditation or an accrediting agency that is recognized by the U.S. Secretary of Education will be considered.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 19, eff. July 1, 2017; amended, Virginia Register Volume 42, Issue 1, eff. October 1, 2025.

18VAC15-40-33 Examination conduct

Procedures and appropriate conduct established by the board or examination organization administering the examination approved by the board, or both, must be followed by the applicant. Such procedures include written instructions communicated prior to the examination date and instructions communicated at the site on the date of the examination. Failure to comply with all procedures established by the board or the examination organization with regard to conduct at the examination will be grounds for denial of the application.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 19, eff. July 1, 2017; amended, Virginia Register Volume 42, Issue 1, eff. October 1, 2025.

18VAC15-40-34 Individuals certified or licensed in another jurisdiction; eqivalency to Virginia home inspector requirements

A. The board may waive the requirements of 18VAC15-40-32 for an applicant who holds an active, current license or certificate as a home inspector in another state, the District of Columbia, or any other territory or possession of the United States provided the requirements and standards under which the license or certificate was issued are substantially equivalent to those established in this chapter.

B. In considering qualifications pursuant to 18VAC15-40-32, the board may consider experience gained under a licensed (however denominated) home inspector in another state provided the requirements and standards under which the home inspector was licensed are substantially equivalent to those established in this chapter.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 19, eff. July 1, 2017.

18VAC15-40-35 Qualifications for the new residential structure specialty

To obtain the NRS specialty, the applicant must submit the appropriate application form and fee pursuant to 18VAC15-40-50 and meet the following qualifications:

Hold a current and valid home inspector license. An applicant who does not hold a current and valid home inspector license must apply for such licensure and meet the requirements contained in 18VAC15-40-30 and 18VAC15-40-32.
Submit proof of successful completion of an NRS training module approved by the board pursuant to Part VI (18VAC15-40-200 through 18VAC15-40-300) of this chapter and completed no more than two years prior to the date of application.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 19, eff. July 1, 2017; amended, Virginia Register Volume 38, Issue 12, eff. March 2, 2022; Volume 42, Issue 1, eff. October 1, 2025.

18VAC15-40-40 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; repealed, Virginia Register Volume 33, Issue 19, eff. July 1, 2017.

18VAC15-40-45 Application denial

The board may refuse initial licensure due to an applicant's failure to comply with entry requirements or for any of the reasons it may discipline a licensee. The applicant has the right to request further review of any such action by the board under the Administrative Process Act (§ 2.2.-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 27, Issue 11, eff. April 1, 2011; amended, Virginia Register Volume 33, Issue 19, eff. July 1, 2017.

18VAC15-40-48 General fee requirements

All fees are nonrefundable and will not be prorated. The date on which the fee is received by the department or the department's agent will determine whether the fee is on time. Checks or money orders must be made payable to the Treasurer of Virginia.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 27, Issue 11, eff. April 1, 2011; amended, Virginia Register Volume 42, Issue 1, eff. October 1, 2025.

18VAC15-40-50 Fees

The following table lists fees:

| Fee type | Fee amount | When due | | --- | --- | --- | | Initial home inspector application | $80 | With application for home inspector | | Initial NRS specialty application | $80 | With application for NRS specialty designation | | Home inspector renewal | $45 | With renewal application | | Home inspector with NRS specialty renewal | $90 | With renewal application | | Home inspector reinstatement | $125 | With reinstatement application | | Home inspector with NRS specialty reinstatement | $170 | With reinstatement application | | Prelicense education course approval | $250 | With prelicense education course approval application | | NRS training module approval | $150 | With NRS training module approval application | | NRS CPE course approval | $150 | With NRS CPE course approval application |

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 27, Issue 11, eff. April 1, 2011; Volume 31, Issue 20, eff. August 1, 2015; Volume 33, Issue 14, eff. April 17, 2017; Volume 34, Issue 8, eff. February 1, 2018; Volume 36, Issue 9, eff. February 1, 2020; Volume 42, Issue 1, eff. October 1, 2025.

18VAC15-40-52 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 27, Issue 11, eff. April 1, 2011; amended, Virginia Register Volume 31, Issue 20, eff. August 1, 2015; repealed, Virginia Register Volume 33, Issue 14, eff. April 17, 2017.

Part III Renewal and Reinstatement of License

18VAC15-40-60 Renewal required

Licenses issued under this chapter will expire two years from the last day of the month in which they were issued.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 33, Issue 19, eff. July 1, 2017; Volume 42, Issue 1, eff. October 1, 2025.

18VAC15-40-70 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; repealed, Virginia Register Volume 27, Issue 11, eff. April 1, 2011.

18VAC15-40-72 Continuing professional education required for home inspector licensure

A. Each licensee must complete 16 contact hours of continuing professional education (CPE) during each license renewal cycle. CPE can be met through classroom instruction, distance learning, or online education technology.

B. Notwithstanding the provisions of 18VAC15-40-75, the subject matter addressed during CPE contact hours is limited to the content areas covered by the board's approved examination and the list of acceptable topics provided in 18VAC15-40-73.

C. The licensee will not receive CPE credit for the same training course more than once during a single license renewal cycle.

D. A licensee who completes the initial training module required by 18VAC15-40-35 to obtain an NRS specialty may count completion of the module toward the required 16 hours of CPE credit for that renewal cycle.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 27, Issue 11, eff. April 1, 2011; amended, Virginia Register Volume 33, Issue 19, eff. July 1, 2017; Volume 42, Issue 1, eff. October 1, 2025.

18VAC15-40-73 Acceptable topics for continuing professional education

A. The following topics will be accepted for CPE credit, all as related to home inspection services:

Site conditions;
Exterior components;
Roof components;
Structural components;
Electrical systems;
Cooling systems;
Heating systems;
Insulation, moisture management systems, and ventilation systems;
Mechanical exhaust systems;
Plumbing systems;
Interior components;
Fireplaces, fuel-burning appliances, chimney, and vent systems;
Common permanently installed kitchen appliances;
Home inspection reporting requirements;
Responsibilities to the client, including required home inspection contract elements;
Laws and regulations applicable to the profession; and
Content areas covered by the board's approved examination.

B. In addition to the topics provided in subsection A of this section, a licensee may receive a maximum of four contact hours of CPE credit for completion of training required to maintain credentials related to home inspection services, including asbestos inspection, lead inspection, and radon testing.

C. A licensee may apply completion of the NRS CPE course, as applicable, toward the 16 contact hours of CPE required for license renewal.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 1, eff. October 1, 2025.

18VAC15-40-75 Board-approved new residential structure update continuing professional education course required to maintain new residential structure specialty

A. In addition to the CPE requirements of 18VAC15-40-72, to maintain the NRS specialty, the licensee must submit proof of completion of a board-approved NRS CPE course.

B. A licensee who has taken the initial NRS training module pursuant to subdivision 2 of 18VAC15-40-35 no more than one year before the expiration date on the license will not require proof of the NRS CPE course for that renewal. All other requirements for renewal must be met in order to renew the license and the home inspector is still required to have completed all other CPE requirements pursuant to this chapter.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 19, eff. July 1, 2017; amended, Virginia Register Volume 42, Issue 1, eff. October 1, 2025.

18VAC15-40-76 Continuing professional education for instructors

A licensee may receive CPE credit for teaching a course that otherwise meets the requirements of this chapter; however, additional credit will not be given for subsequent offerings of a course or activity with the same content within the same licensing cycle. In addition, a licensee may receive two hours of CPE no more than once during a single licensing cycle for the initial development or substantial updating of a CPE course.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 19, eff. July 1, 2017; amended, Virginia Register Volume 42, Issue 1, eff. October 1, 2025.

18VAC15-40-78 Maintenance of continuing professional education records

A. Each licensee must maintain evidence of the satisfactory completion of CPE for at least three years following the end of the license renewal cycle for which the CPE was taken. Such documentation must be provided to the board or the board's duly authorized agents upon request. The following will be maintained by the licensee to document completion of the hours of CPE specified in 18VAC15-40-72:

Evidence of completion that contains the name, address, and contact information of the training provider;
The dates the licensee participated in the training;
Descriptive material of the subject matter presented documenting that the subject matter covers the content areas covered by the board's examination or the list of acceptable topics provided in 18VAC15-40-73; and
A statement from the provider verifying the number of CPE contact hours completed.

B. The board may conduct an audit of its licensees to ensure compliance with the applicable CPE requirements. Licensees who are selected for audit must provide the necessary documentation stipulated in this section.

C. The licensee may request additional time to meet the CPE requirement; however, CPE hours earned during a license renewal cycle to satisfy the CPE requirement of the preceding license renewal cycle will be valid only for that preceding license renewal cycle.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 19, eff. July 1, 2017; amended, Virginia Register Volume 42, Issue 1, eff. October 1, 2025.

18VAC15-40-80 Procedures for renewal

A. Prior to the expiration date shown on the license, the board will send a renewal notice to the licensee's address of record.

B. Prior to the expiration date shown on the license, a licensee desiring to renew a license must submit to the board (i) a completed renewal application, (ii) proof of insurance required by 18VAC15-40-30, (iii) proof of completion of CPE, in accordance with 18VAC15-40-72, and (iv) the appropriate fee specified in 18VAC15-40-50.

C. In addition to the requirements of subsection B of this section, a licensee with the NRS specialty must submit proof of completion of four hours of board-approved NRS CPE, in accordance with 18VAC15-40-75.

D. Failure to receive the renewal notice does not relieve the licensee of the obligation to renew. The date on which the renewal application is received by the department or the department's agent will determine whether the renewal application was received on time.

E. By submitting the renewal application, the licensee is affirming that the licensee is in continued compliance with this chapter.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 27, Issue 11, eff. April 1, 2011; Volume 33, Issue 19, eff. July 1, 2017; Volume 42, Issue 1, eff. October 1, 2025.

18VAC15-40-85 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 27, Issue 11, eff. April 1, 2011; repealed, Virginia Register Volume 33, Issue 19, eff. July 1, 2017.

18VAC15-40-90 Reinstatement

A. If the requirements for renewal of a license, as provided in 18VAC15-40-80, are not completed by the licensee within 30 days after the expiration date on the license, reinstatement of the license will be required.

B. A license may be reinstated for up to two years following the expiration date upon submittal of the reinstatement application consisting of (i) payment of the reinstatement fee, (ii) proof of insurance required by 18VAC15-40-30, (iii) proof of CPE in accordance with 18VAC15-40-72, and (iv) proof of CPE to maintain the NRS specialty, if applicable. After two years, the license will not be reinstated under any circumstances, and the individual must apply as a new applicant and meet entry requirements current at the time of submittal of the new application.

C. By submitting the reinstatement application, the individual is affirming continued compliance with this chapter.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 27, Issue 11, eff. April 1, 2011; Volume 31, Issue 15, eff. May 1, 2015; Volume 33, Issue 19, eff. July 1, 2017; Volume 42, Issue 1, eff. October 1, 2025.

18VAC15-40-100 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; repealed, Virginia Register Volume 27, Issue 11, eff. April 1, 2011.

18VAC15-40-105 Status of licensee during the period prior to reinstatement

A. A licensee who reinstates a license will be regarded as having been continuously licensed without interruption; will remain under the disciplinary authority of the board during this entire period; and will be held accountable for the licensee's activities during this period.

B. Any regulated activity conducted subsequent to the license expiration date may constitute unlicensed activity and be subject to prosecution under Chapter 1 (§ 54.1-100 et seq.) of Title 54.1 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 27, Issue 11, eff. April 1, 2011; amended, Virginia Register Volume 33, Issue 19, eff. July 1, 2017; Volume 42, Issue 1, eff. October 1, 2025.

18VAC15-40-107 Board discretion to deny renewal or reinstatement

The board may deny renewal or reinstatement of a license for the same reasons as the board may refuse initial licensure or discipline a licensee. The licensee has the right to request further review of any such action by the board under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 19, eff. July 1, 2017.

18VAC15-40-108 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 33, Issue 19, eff. July 1, 2017; repealed, Virginia Register Volume 42, Issue 1, eff. October 1, 2025.

18VAC15-40-110 (Repealed.)

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; repealed, Virginia Register Volume 27, Issue 11, eff. April 1, 2011.

Part IV Minimum Standards for Conducting Home Inspections

18VAC15-40-120 Home inspection contract

A. For the protection of both the client and the licensee, both parties must sign a legible, written contract clearly specifying the terms, conditions, and limitations and exclusions of the work to be performed. Prior to the commencement of work or acceptance of payments, the contract must be signed by both (i) the client or the client's authorized representative and (ii) the licensee. The licensee must promptly deliver to the client or client's authorized representative a fully executed copy of the contract in compliance with this section before work begins. Any modification to the contract that changes the cost, scope of work to be performed, or estimated completion date must be in writing and signed by all parties.

B. At a minimum, the written contract must include:

The following information applicable to the home inspector:

a. Name;

b. Business name, if applicable;

c. Address;

d. Telephone number, email address, or other contact information, as applicable; and

e. License number and notation of NRS specialty, if applicable.

Name of the client.
Physical address of the residential building or NRS to be inspected.
Cost of the home inspection.
A listing of all areas and systems to be inspected.
A statement that the home inspection does not include a review for compliance with regulatory requirements (Virginia Uniform Statewide Building Code or other codes, regulations, laws, or ordinances).
A statement disclosing any exclusions to the home inspection. Such exclusions may include the following:

a. The condition of systems or components that are not readily accessible.

b. The remaining life of any system or component.

c. The strength, adequacy, effectiveness, or efficiency of any system or component.

d. The causes of any condition or deficiency.

e. The methods, materials, or costs of corrections.

f. Future conditions, including failure of systems and components.

g. The suitability of the property for any specialized use.

h. The market value of the property or its marketability.

i. The advisability of the purchase of the property.

j. The presence of diseases harmful to humans or potentially hazardous plants or animals, including wood-destroying organisms and mold.

k. The presence of any environmental hazards, including toxins, carcinogens, noise, asbestos, lead-based paint, mold, radon, and contaminants in soil, water, and air.

l. The effectiveness of any system installed or methods utilized to control or remove suspected hazardous substances.

m. The operating costs of systems or components.

n. The acoustical properties of any system or component.

o. The presence of components involved in manufacturer's recalls.

p. The inspection of outbuildings.

Estimated delivery date of the home inspection report to the client.
Dated signatures of both the home inspector and the client or the client's authorized representative.
A statement providing that any modification to the contract that changes the cost, scope of work to be performed, or estimated completion date must be in writing and signed by all parties.
Disclosure of the cancellation rights of the parties.
A general statement on the limits of the home inspector's liability.

C. The home inspection contract must make written disclosure that the home inspection report is (i) based upon visual observation of existing conditions of the inspected residential building or NRS at the time of the inspection, and (ii) not intended to be, or to be construed as, a guarantee, warranty, or any form of insurance. This provision does not prevent a home inspector from offering a separate guarantee, warranty, or any form of insurance if the home inspector so chooses.

D. The requirements of 18VAC15-40-130 D regarding smoke alarms will not be excluded from the home inspection contract.

E. The home inspection contract must disclose any financial interest that the licensee has or reasonably expects to have with any person whom the licensee recommends to the client for the repairs or modifications to the residential building or NRS.

F. If the home inspector has designed or performed repairs or modifications to the residential building or NRS to be inspected within the preceding 12 months, the home inspection contract must disclose to the client the specifics of the repairs or modifications the home inspector designed or performed .

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 27, Issue 11, eff. April 1, 2011; Volume 33, Issue 19, eff. July 1, 2017; Volume 40, Issue 21, eff. August 1, 2024; Volume 42, Issue 1, eff. October 1, 2025.

18VAC15-40-130 Home inspection report

A. A home inspection report is a written evaluation of the readily accessible components of a residential building or NRS, including heating, cooling, plumbing, and electrical systems; structural components; foundation; roof; masonry structure; exterior and interior components; and other related residential housing components.

B. Home inspection reports must contain:

Information pertaining to the licensee, including:

a. Name;

b. Address;

c. Telephone number, email address, or other contact information, as applicable; and

d. License number and expiration date, to be followed by "NRS" if so designated and performing a home inspection on a new residential structure;

The name and contact information of the client or the client's authorized representative;
The physical address of the residential building or NRS inspected; and
The date; time, to include both start and finish times of the home inspection; and weather conditions at the time of the home inspection.

C. In conducting a home inspection and reporting its findings, the home inspector must inspect the condition of and must describe in writing the composition and characteristics of the following readily accessible components and readily observable defects of the residential building or NRS, except as may be limited by the home inspection contract:

Structural system.

a. Foundation.

b. Framing.

c. Stairs.

d. Crawl space. The method of inspecting the crawl space must be noted and explained.

e. Crawl space ventilation and vapor barriers.

f. Slab floor.

g. Floors.

h. Ceilings.

i. Walls.

Roof structure, attic, and insulation systems and components.

a. Roof covering. The method of inspecting the roof covering must be noted and explained.

b. Roof ventilation.

c. Roof drainage system, to include gutters and downspouts.

d. Roof flashings, if readily visible.

e. Skylights, chimneys, and roof penetrations, but not antennae or other roof attachments.

f. Roof framing and sheathing.

g. Attic.

h. Attic insulation.

Exterior systems and components.

a. Wall covering, flashing, and trim.

b. Doors and windows. This does not include the operation of associated security locks, devices, or systems.

c. Decks, balconies, stoops, steps, porches, attached garages, carports, and any associated railings that are adjacent to the residential building or NRS and on the same property. This does not include associated screening, shutters, awnings, storm windows, detached garages, or storm doors.

d. Eaves, soffits, and fascias where readily accessible from ground level.

e. Walkways, grade steps, patios, and driveways. This does not include fences or privacy walls.

f. Vegetation, trees, grading, drainage, and retaining walls adjacent to the residential building or NRS.

g. Visible exterior portions of chimneys.

Interior NRS systems and components.

a. Interior walls, ceilings, and floors of the residential building or NRS and any adjacent garage.

b. Steps, stairways, railings, and balconies and associated railings.

c. Countertops and installed cabinets, including hardware.

d. Doors and windows. This does not include the operation of associated security locks, devices, or systems.

e. Garage doors and permanently mounted and installed garage door operators. The automatic safety reverse function of garage door openers must be tested, either by physical obstruction as specified by the manufacturer or by breaking the beam of the electronic photo eye but only when the test can be safely performed and will not risk damage to the door, the opener, any nearby structure, or any stored items.

f. Fireplaces, venting systems, hearths, dampers, and fireboxes. This does not include mantles, fire screens and doors, or seals and gaskets.

g. Solid fuel-burning appliances.

Plumbing system.

a. Interior water supply and distribution systems, including water supply lines and all fixtures and faucets. This does not include water conditioning systems or fire sprinkler systems.

b. Water drainage, waste, and vent systems, including all associated fixtures.

c. Drainage sumps, sump pumps, and related piping.

d. Water heating equipment, including energy source and related vent systems, flues, and chimneys. This does not include solar water heating systems.

e. Fuel storage and distribution systems.

Electrical system.

a. Service drop.

b. Service entrance conductors, cables, and raceways.

c. Service equipment and main disconnects.

d. Service grounding.

e. Interior components of service panels and sub panels, including feeders.

f. Conductors.

g. Overcurrent protection devices.

h. Installed lighting fixtures, switches, and receptacles.

i. Ground fault circuit interrupters.

j. Presence or absence of smoke alarms or carbon monoxide detectors.

k. Presence of solid conductor aluminum branch circuit wiring.

l. Arc fault interrupters must be noted if installed but not tested if equipment is attached to them.

Heating system.

a. Heating equipment, including operating controls. This does not include heat exchangers, gas logs, built-in gas burning appliances, grills, stoves, space heaters, solar heating devices, or heating system accessories such as humidifiers, air purifiers, motorized dampers, and heat reclaimers.

b. Energy source.

c. Heating distribution system.

d. Vent systems, flues, and chimneys, including dampers.

Air conditioning system.

a. Central and installed wall air conditioning equipment.

b. Operating controls, access panels, and covers.

c. Energy source.

d. Cooling distribution system.

D. To the extent that a component or system cannot be inspected, the home inspection report must identify such component or system and provide an explanation for why the component or systems was not inspected.

E. Systems in the home that are turned off, winterized, or otherwise secured so that they do not respond to normal activation using standard operating controls need not be put into operating condition. The home inspection report must state the reason these systems or components were not inspected.

F. For any smoke alarms that are readily accessible in the residential building or NRS, the home inspection report must include a determination of whether the smoke alarms are in good working order as defined in 18VAC15-40-10.

A home inspector is not required to operate the test function of a smoke alarm if the smoke alarm is part of a central alarm system or security system in which such testing will automatically alert a fire department or other authority. To the extent the home inspector is unable to determine whether testing will cause an automatic alert, the home inspector is not required to operate the test function of the smoke alarm.
If a smoke alarm is not readily accessible or there are any limitations in determining whether it is in good working order, the home inspection report must state that it is not readily accessible or describe such limitations, as applicable.
The home inspection report must include the substance of the following: It is recommended that a home have smoke alarms on each level of the dwelling and in every bedroom or sleeping area. Clients should replace any existing smoke alarms that are not in good working order with new ones and install smoke alarms where they may be missing or not properly located. Any test of a smoke alarm during a home inspection only reflects its condition at the time of inspection and is not a guarantee, warranty, or any form of insurance. A test performed during the home inspection does not supersede the smoke alarm manufacturer's testing recommendations. Clients should follow the manufacturer's instructions for proper placement, installation, and maintenance.

G. In accordance with § 54.1-517.2:1 of the Code of Virginia, if a home inspector observes the presence of any shade of yellow corrugated stainless steel tubing during a home inspection in a home that was built prior to the adoption of the 2006 Virginia Construction Code, effective May 1, 2008, the home inspector shall include that observation in the report along with the following statement: "Manufacturers believe that this product is safer if properly bonded and grounded as required by the manufacturer's installation instructions. Proper bonding and grounding of the product should be determined by a contractor licensed to perform the work in the Commonwealth of Virginia."

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 27, Issue 11, eff. April 1, 2011; Volume 33, Issue 19, eff. July 1, 2017; Volume 33, Issue 26, eff. September 20, 2017; Volume 40, Issue 21, eff. August 1, 2024; Volume 42, Issue 1, eff. October 1, 2025.

Part V Standards of Conduct and Practice

18VAC15-40-140 Conflict of interest

A. The licensee will not:

Design or perform repairs or modifications to a residential building or NRS on which the licensee has performed a home inspection within 12 months after the date the licensee performed the home inspection, except in cases where the home inspector purchased the residence after the home inspection was performed;
Perform a home inspection of a residential building or NRS upon which the licensee has designed or performed repairs or modifications within the preceding 12 months without disclosing to the client in the home inspection contract the specifics of the repairs or modifications the licensee designed or performed;
Refer the licensee's client to another person to make repairs or modifications to a residential building or NRS on which the licensee has performed a home inspection unless, in accordance with 18VAC15-40-120 D, the licensee provides written documentation to the licensee's client that clearly discloses any financial interest that the licensee has or reasonably expects to have with the person who is recommended for the repairs or modifications;
Represent the interests, either personally or through employment, of any of the parties to the transfer or sale of a residential building or NRS on which the licensee has performed a home inspection without disclosing such fact to the client; or
Perform a home inspection of a residential building or NRS under a contingent agreement whereby any compensation or future referrals are dependent on the reported findings or on the sale of the property.

B. Notwithstanding the provisions of 18VAC15-40-180, the licensee must not disclose any information concerning the results of the home inspection without the approval of the client for whom the home inspection was performed. However, the licensee may disclose information in situations where there is an imminent endangerment to life or health.

C. The licensee must not accept compensation from more than one interested party for the home inspection on the same property without the consent of all interested parties.

D. The licensee must not accept nor offer commissions or allowances, directly or indirectly, from other parties dealing with the client in connection with the home inspection. Additionally, the licensee must not enter into any financial relationship with any party that may compromise the licensee's commitment to the best interest of the licensee's client.

E. A home inspector may provide services to a client in addition to a home inspection. The home inspector must disclose to the client the additional services to be performed and how such services may conflict with the home inspection. The disclosure must be in writing and may be incorporated into the home inspection contract or contained in a separate written agreement with the client. Any additional services performed pursuant to this subsection must be performed in accordance with applicable laws and regulations.

F. The home inspection must not be used as a pretext by the licensee to solicit or obtain work in another field, except for additional diagnostic inspections or testing.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 27, Issue 11, eff. April 1, 2011; Volume 33, Issue 19, eff. July 1, 2017; Volume 42, Issue 1, eff. October 1, 2025.

18VAC15-40-145 Competency for assignments

A. The licensee must undertake to perform professional assignments only when qualified by education or experience, or both.

B. A licensee must not misrepresent to a prospective or existing client or employer the licensee's qualifications or the scope of the licensee's responsibility in connection with a home inspection.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 19, eff. July 1, 2017; amended, Virginia Register Volume 42, Issue 1, eff. October 1, 2025.

18VAC15-40-150 Grounds for disciplinary action

The board has the power to reprimand, fine, revoke, or suspend a license in accordance with § 54.1-516 of the Code of Virginia when the licensee has been found to have violated or cooperated with others in violating any provision of the regulations of the board or Chapter 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), 3 (§ 54.1-300 et seq.), or 5 (§ 54.1-500 et seq.) of Title 54.1 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 33, Issue 19, eff. July 1, 2017; Volume 42, Issue 1, eff. October 1, 2025.

18VAC15-40-152 Notice of adverse action

A. A licensee must notify the board of the following actions against the licensee:

Any disciplinary action taken by any jurisdiction, board, or administrative body of competent jurisdiction, including any (i) reprimand; (ii) license or certificate revocation, suspension, or denial; (iii) monetary penalty; (iv) requirement for remedial education; or (v) other corrective action.
Any voluntary surrendering of a related license, certificate, or registration done in connection with a disciplinary action in another jurisdiction.
Any conviction, finding of guilt, or plea of guilty, regardless of adjudication or deferred adjudication, in any jurisdiction of the United States of any misdemeanor, except marijuana convictions, or felony for which there is no appeal pending or the time for appeal has lapsed. Review of convictions shall be subject to the requirements of § 54.1-204 of the Code of Virginia.

B. The notice must be made to the board in writing within 30 days of the action. A copy of the order or other supporting documentation must accompany the notice.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 19, eff. July 1, 2017; amended, Virginia Register Volume 38, Issue 7, eff. December 22, 2021; Volume 42, Issue 1, eff. October 1, 2025.

18VAC15-40-155 Prohibited acts

The following acts are prohibited and any violation may result in disciplinary action by the board:

Violating, including inducing another to violate, cooperating with another to violate, or combining or conspiring with or acting as agent, partner, or associate for another to violate any of the provisions of Chapter 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), 3 (§ 54.1-300 et seq.), or 5 (§ 54.1-500 et seq.) of Title 54.1 of the Code of Virginia or any of the regulations of the board.
Obtaining or attempting to obtain a license by false or fraudulent representation; or maintaining, renewing, or reinstating a license by false or fraudulent representation.
Failing to maintain the insurance policy required pursuant to 18VAC15-40-30 G.
Failing to report a change or maintain records pursuant to 18VAC15-40-160.
Having been convicted or found guilty in any jurisdiction or disciplined by any jurisdiction, board, or administrative body in any jurisdiction of any offense or violation enumerated in 18VAC15-40-152. Review of convictions will be subject to the requirements of § 54.1-204 of the Code of Virginia.
Failing to inform the board in writing within 30 days that the licensee was convicted or found guilty, in any jurisdiction or disciplined by any jurisdiction, board, or administrative body of any offense or violation enumerated in 18VAC15-40-152.
Failing to use a contract that complies with 18VAC15-40-120.
Failing to produce a home inspection report that complies with 18VAC15-40-130.
Failing to comply with the requirements of 18VAC15-40-140.
Committing an action that constitutes negligence, incompetence, or misconduct in the practice of the profession, including:

a. Having performed a home inspection when not qualified by training or experience to competently perform any part of the home inspection.

b. Failing to demonstrate reasonable care, judgment, or application of the required knowledge, skill, and ability in the performance of the licensee's duties.

c. Conducting a home inspection on any new residential structure without the NRS specialty issued by the board.

d. Having cited, stated, or represented that there exists a violation of the Virginia Uniform Statewide Building Code (13VAC5-63) in a home inspection report or other document prepared relative to a home inspection.

e. Advising a client as to whether the client should or should not engage in a real estate transaction or providing an opinion of value regarding the residential building or NRS that is the subject of the home inspection.

f. Failing to adequately supervise and review work by unlicensed individuals who are gaining experience under the direct supervision of the licensee.

Committing an action that constitutes engaging in improper, fraudulent, or dishonest conduct, including:

a. Making any misrepresentation or making a false promise that might influence, persuade, or induce.

b. Knowingly misrepresenting factual information in expressing a professional opinion.

c. Intentionally and without justification failing to complete work contracted for or to comply with the terms in the contract.

d. Retaining or misapplying funds paid for which work is either not performed or performed only in part.

Allowing a license issued by the board to be used by another.
Failing to comply with the requirements of 18VAC15-40-180.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 19, eff. July 1, 2017; amended, Virginia Register Volume 42, Issue 1, eff. October 1, 2025.

18VAC15-40-160 Maintenance of licenses, reports, and documentation

A. The licensee must at all times keep the board informed of the licensee's current address of record, to include the physical address, as applicable. Changes of address must be reported to the board in writing within 30 calendar days after such change. A post office box is acceptable as the address of record only when a physical address is also provided. The board will not be responsible for the licensee's failure to receive notices, communications, and correspondence caused by the licensee's failure to promptly notify the board of any change of address.

B. The licensee must notify the board in writing of a name change within 30 calendar days of any change in the licensee's legal name. Such notification must be accompanied by a copy of a marriage license, divorce decree, court order, or other documentation that verifies the name change.

C. The licensee must retain all records pertaining to home inspections performed to include written reports and supporting documentation for a period of three years from the date of the related home inspection.

D. The licensee must report the cancellation, amendment, expiration, or any other change of the insurance policy submitted in accordance with 18VAC15-40-30 G within 30 days of the change.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 33, Issue 19, eff. July 1, 2017; Volume 42, Issue 1, eff. October 1, 2025.

18VAC15-40-170 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; repealed, Virginia Register Volume 33, Issue 19, eff. July 1, 2017.

18VAC15-40-180 Response to inquiry of the board

A. A licensee must respond within 10 days to a request by the board or any of the board's agents regarding any complaint filed with the department.

B. Unless otherwise specified by the board, a licensee of the board must produce to the board or any of the board's agents within 10 days of the request any document, book, or record concerning any transaction pertaining to a complaint filed in which the licensee was involved or for which the licensee is required to maintain records. The board may extend such timeframe upon a showing of extenuating circumstances prohibiting delivery within such 10-day period.

C. A licensee must not provide a false, misleading, or incomplete response to the board or any of the board's agents seeking information in the investigation of a complaint filed with the board.

D. With the exception of the requirements of subsections A and B of this section, a licensee must respond to an inquiry by the board or the board's agent within 21 days.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 33, Issue 19, eff. July 1, 2017; Volume 42, Issue 1, eff. October 1, 2025.

18VAC15-40-190 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 27, Issue 11, eff. April 1, 2011; repealed, Virginia Register Volume 33, Issue 19, eff. July 1, 2017.

Part VI Approval of Prelicense Education Courses, New Residential Structures Training Module, and New Residential Structures Continuing Professional Education

18VAC15-40-200 Prelicense education courses, new residential structures training modules, and new residential structures continuing professional education courses...

All prelicense education courses, NRS training modules, and NRS CPE courses proposed for the purposes of meeting the requirements of this chapter must be approved by the board. Prelicense education courses and training modules may be approved retroactively upon request of the provider with the application; however, no applicant will receive credit until such approval is granted by the board.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 14, eff. April 17, 2017.

18VAC15-40-210 Approval of prelicense education courses

A training provider seeking approval of a prelicense education course must submit an application for prelicense education course approval on a form provided by the board. In addition to the appropriate fee provided in 18VAC15-40-50, the application must include:

The name of the provider;
Provider contact person, address, and contact information;
Course contact hours;
Schedule of prelicense education courses if established, including dates, times, and locations;
Method of delivery;
Instructor information, including name, license number, if applicable, and a list of trade-appropriate designations, as well as a professional resume with a summary of teaching experience and subject matter knowledge and qualifications acceptable to the board;
Materials to be provided to students; and
Training module syllabus.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 14, eff. April 17, 2017; amended, Virginia Register Volume 42, Issue 1, eff. October 1, 2025.

18VAC15-40-220 Prelicense education course requirements

A prelicense education course must be a minimum of 35 hours. The syllabus for each type of prelicense education course must encompass the following subject areas and include methods for identification and inspection, safety and maintenance, and standards for material selection and installation procedures, as applicable:

Site conditions;
Exterior components of the residential building;
Structural system elements;
Electrical system elements;
Heating and cooling systems;
Insulation, moisture management systems, and ventilation systems;
Plumbing systems;
Interior components;
Fireplace and chimney systems;
Common permanently installed appliances;
Inspection report requirements;
Responsibilities to the client, including required contract elements; and
Overview of the board's regulations.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 14, eff. April 17, 2017; amended, Virginia Register Volume 42, Issue 1, eff. October 1, 2025.

18VAC15-40-230 Approval of new residential structures training modules and new residential structures continuing professional education

A training provider seeking approval of an NRS training module or NRS CPE course must submit an application for NRS training module or NRS CPE course approval on a form provided by the board. NRS training modules and NRS CPE can be provided in a classroom environment, online, or through distance learning. In addition to the appropriate fee provided in 18VAC15-40-50, the application must include:

The name of the provider;
Provider contact person, address, and contact information;
Module or CPE course contact hours;
Schedule of training module or CPE course if established, including dates, times, and locations;
Method of delivery;
Instructor information, including name, license number, if applicable, and a list of trade-appropriate designations, as well as a professional resume with a summary of teaching experience and subject matter knowledge and qualifications acceptable to the board;
Materials to be provided to students; and
Training module syllabus.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 14, eff. April 17, 2017; amended, Virginia Register Volume 42, Issue 1, eff. October 1, 2025.

18VAC15-40-240 New residential structures training module requirements

A. In order to qualify as an NRS training module under 18VAC15-40-35, the training module must include a minimum of eight contact hours, and the syllabus must encompass all of the subject areas set forth in subsection B of this section.

B. The following subject areas as they relate to the Virginia Residential Code must be included in all NRS training modules. The time allocated to each subject area must be sufficient to ensure adequate coverage of the subject as determined by the board.

Origin of the Virginia Residential Code.

a. Overview of Title 36 of the Code of Virginia.

b. Roles and responsibilities of the Board of Housing and Community Development and the Department of Housing and Community Development.

c. Virginia Uniform Statewide Building Code, Part I (13VAC5-63-10 through 13VAC5-63-390) of 13VAC5-63.

Scope of the Virginia Residential Code.

a. Purpose of the Virginia Residential Code.

b. Exemptions from the Virginia Residential Code.

c. Compliance alternatives.

d. Code official discretion in administration and enforcement of the Virginia Residential Code.

e. Process for amending the Virginia Residential Code.

f. Code violations and enforcement.

(1) Statute of limitations.

(2) Effect of violations.

g. Examples of code and non-code violations.

Roles of the building code official and the home inspector, including an overview of § 36-105 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 14, eff. April 17, 2017; amended, Virginia Register Volume 33, Issue 19, eff. July 1, 2017; Volume 42, Issue 1, eff. October 1, 2025.

18VAC15-40-250 New residential structures training modules and new residential structures continuing professional education requirements

In order to qualify for NRS CPE for the renewal of home inspector licenses with the NRS specialty, the NRS CPE must include a minimum of four contact hours and the syllabus must encompass all of the topic areas listed in 18VAC15-40-240 for an NRS training module.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 14, eff. April 17, 2017; amended, Virginia Register Volume 42, Issue 1, eff. October 1, 2025.

18VAC15-40-260 Documentation of prelicense education courses, new residential structures training modules, and new residential structures continuing professional education completion requirements

All prelicense education course, NRS training module, and NRS CPE providers must provide each student who successfully completes the course or training module with a certificate of completion or other documentation that the student may use as proof of course or training module completion. Such documentation must contain the contact hours completed, the date of training, and the course identification number assigned by the board.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 14, eff. April 17, 2017; amended, Virginia Register Volume 42, Issue 1, eff. October 1, 2025.

18VAC15-40-270 Maintenance of records

All providers of approved prelicense education courses, NRS training modules, or NRS CPE courses must establish and maintain a record for each student. The record must include the student's name and address, the training module or course name and hours attended, the training module or course syllabus or outline, the names of the instructors, the date of successful completion, and the board's approved training module or course identification number. Records must be available for inspection during normal business hours by authorized representatives of the board. Providers must maintain these records for a minimum of five years.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 14, eff. April 17, 2017; amended, Virginia Register Volume 42, Issue 1, eff. October 1, 2025.

18VAC15-40-280 Reporting of changes

Any change in the information provided in 18VAC15-40-210 or 18VAC15-40-230 must be reported to the board within 30 days of the change. Any change in information submitted will be reviewed to ensure compliance with the provisions of this chapter.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 14, eff. April 17, 2017.

18VAC15-40-290 Withdrawal of approval

The board may withdraw approval of a prelicense education course, an NRS training module, or an NRS CPE course for the following reasons:

The training module or course being offered no longer meets the standards established by the board.
The provider, through an agent or otherwise, advertises its services in a fraudulent or deceptive way.
The provider, instructor, or contact person of the provider falsifies any information relating to the application for approval, training module, course information, or student records or fails to produce records required by 18VAC15-40-270.
A change in the information provided that results in noncompliance with this part.
Failure to comply with 18VAC15-40-280.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 14, eff. April 17, 2017.

18VAC15-40-300 Board authority to audit approved education courses and training modules

The board may conduct an audit of any board-approved prelicense education course, NRS training module, or NRS CPE course provider to ensure continued compliance with this chapter.

History

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 14, eff. April 17, 2017.

Agency 25 Auctioneers Board

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

18VAC25-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Auctioneers Board. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-602 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC25-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Auctioneers Board, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-602 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Part II Notification of Interested Persons

18VAC25-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-602 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC25-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 18VAC25-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-602 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Part III Public Participation Procedures

18VAC25-11-50 Public comment

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008; amended, Virginia Register Volume 33, Issue 7, eff. January 12, 2017.

18VAC25-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-602 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC25-11-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-602 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC25-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-602 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC25-11-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-602 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC25-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-602 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC25-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-602 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Chapter 21 Regulations of the Auctioneers Board

Part I Definitions

18VAC25-21-10 Definitions

The following term when used in this chapter has the following meaning unless the context clearly indicates otherwise:

"Owner" means the bona fide owner or any lawfully designated agent of the real or personal property being offered for sale; in the case of a corporation, partnership, or other entity, except a sole proprietorship, an authorized officer, director, or partner may be deemed to be "owner" of the real or personal property being offered for sale, provided such entity is licensed to do business in the Commonwealth of Virginia.

History

Statutory Authority: §§ 54.1-201 and 54.1-602 of the Code of Virginia.
Historical Notes: Derived from VR150-01-2:1 § 1.1, eff. August 1, 1995; amended, Virginia Register Volume 18, Issue 7, eff. February 1, 2002; Volume 32, Issue 1, eff. November 1, 2015; Volume 42, Issue 1, eff. October 1, 2025.

Part II Entry Requirements

18VAC25-21-20 Licensure by examination for individuals

All persons or firms as defined in § 54.1-600 of the Code of Virginia who conduct auctions or offer their services to sell at auction in the Commonwealth are required to file a licensure application and pay the specified fee to the board. In addition to the requirements established in § 54.1-603 of the Code of Virginia, applicants for individual licensure must meet the following requirements:

Be at least 18 years of age.
In accordance with § 54.1-204 of the Code of Virginia, disclose the following information regarding criminal convictions in Virginia and all other jurisdictions:

a. Non-marijuana misdemeanors involving dishonest or fraudulent acts, sexual offenses, drug distribution, or physical injury within three years of the date of the application; and

b. All felony convictions within 10 years of the date of application.

The board, at its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

The applicant must report any action taken by any board or administrative body in any jurisdiction against a professional or occupational license, certification, or registration issued to the applicant, to include any suspension, revocation, or surrender of a license, certification, or registration; imposition of a monetary penalty; or requirement to take remedial education or other corrective action. The board, in its discretion, may deny licensure to any applicant for any prior action taken by any board or administrative body in any jurisdiction.

History

Statutory Authority: §§ 54.1-201 and 54.1-602 of the Code of Virginia.
Historical Notes: Derived from VR150-01-2:1 § 2.1, eff. August 1, 1995; amended, Virginia Register Volume 18, Issue 7, eff. February 1, 2002; Volume 25, Issue 7, eff. February 1, 2009; Volume 38, Issue 4, eff. December 1, 2021; Volume 42, Issue 1, eff. October 1, 2025; Volume 42, Issue 4, eff. November 5, 2025.

18VAC25-21-30 Bond required

All applicants must submit evidence that a surety bond, executed by a surety company authorized to do business in the Commonwealth and in at least the amount of $10,000, has been obtained. Proof of current bond must be submitted in order to obtain or renew the license. The bond must commence no later than the effective date of the license and must expire no sooner than the date of expiration of the license.

History

Statutory Authority: §§ 54.1-201 and 54.1-602 of the Code of Virginia.
Historical Notes: Derived from VR150-01-2:1 § 2.2, eff. August 1, 1995; amended, Virginia Register Volume 18, Issue 7, eff. February 1, 2002; Volume 42, Issue 1, eff. October 1, 2025.

18VAC25-21-40 License by reciprocity

The board may issue a license to any individual applicant holding a license in any state, territory, or possession of the United States with whom the board has established an act of reciprocity, provided the requirements and standards under which the license was issued are substantially equivalent to those established by the board in 18VAC25-21-20. At the time of application for licensure, the applicant must be currently licensed in the state in which reciprocity is established with the Commonwealth of Virginia.

History

Statutory Authority: §§ 54.1-201 and 54.1-602 of the Code of Virginia.
Historical Notes: Derived from VR150-01-2:1 § 2.3, eff. August 1, 1995; amended, Virginia Register Volume 18, Issue 7, eff. February 1, 2002; Volume 25, Issue 7, eff. February 1, 2009; Volume 38, Issue 4, eff. December 1, 2021; Volume 42, Issue 1, eff. October 1, 2025.

18VAC25-21-50 Application

A. All applicants seeking licensure must submit a complete application with the appropriate fees attached. Applicants will be notified if the application is incomplete.

B. 1. For any corporation, limited liability company, or other entity, the application must include copies of the certificate of incorporation or certificate of organization issued by the Virginia State Corporation Commission, articles, and bylaws.

For any foreign corporation, foreign limited liability company, or other entity, the application must include copies of the certificate of authority to conduct business issued by the Virginia State Corporation Commission, which will be required in lieu of the certificates as required by subdivision 1 of this subsection.
In accordance with § 54.1-204 of the Code of Virginia, any entity must disclose the following information regarding criminal convictions in Virginia and all other jurisdictions:

a. Non-marijuana misdemeanors involving dishonest or fraudulent acts, sexual offenses, drug distribution, or physical injury within three years of the date of the application; and

b. All felony convictions within 10 years of the date of application.

The board, at its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

The applicant must report any action taken by any board or administrative body in any jurisdiction against a professional or occupational license, certification, or registration issued to the applicant, to include any suspension, revocation, or surrender of a license, certification, or registration; imposition of a monetary penalty; or requirement to take remedial education or other corrective action. The board, in its discretion, may deny licensure to any applicant for any prior action taken by any board or administrative body in any jurisdiction.

History

Statutory Authority: §§ 54.1-201 and 54.1-602 of the Code of Virginia.
Historical Notes: Derived from VR150-01-2:1 § 2.4, eff. August 1, 1995; amended, Virginia Register Volume 18, Issue 7, eff. February 1, 2002; Volume 25, Issue 7, eff. February 1, 2009; Volume 32, Issue 1, eff. November 1, 2015; Volume 38, Issue 4, eff. December 1, 2021; Volume 42, Issue 1, eff. October 1, 2025; Volume 42, Issue 4, eff. November 5, 2025.

18VAC25-21-60 (Repealed.)

History

Historical Notes: Derived from VR150-01-2:1 § 2.5, eff. August 1, 1995; amended, Virginia Register Volume 18, Issue 7, eff. February 1, 2002; Volume 25, Issue 7, eff. February 1, 2009; repealed, Virginia Register Volume 42, Issue 1, eff. October 1, 2025.

18VAC25-21-70 Fees

Fees are nonrefundable and will not be prorated. The following fees will apply:

| 1. Individual auctioneer license | $25 | | --- | --- | | 2. Auctioneer firm license | $55 | | 3. Renewal for individual auctioneer's license | $55 | | 4. Renewal for firm or corporation license | $65 | | 5. Late renewal for an individual auctioneer's license | $80 | | 6. Late renewal for an auction firm or corporate license | $90 | | 7. Reinstatement of the individual auctioneer's license | $105 | | 8. Reinstatement of the firm or corporate license | $115 |

The fee for examination or reexamination is subject to contracted charges by an outside vendor. These contracts are competitively negotiated and bargained for in compliance with the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia). The board may adjust the fee charged to candidates in accordance with these contracts.

History

Statutory Authority: §§ 54.1-201 and 54.1-602 of the Code of Virginia.
Historical Notes: Derived from VR150-01-2:1 § 2.6, eff. August 1, 1995; amended, Virginia Register Volume 14, Issue 11, eff. April 1, 1998; Volume 15, Issue 26, eff. November 1, 1999; Volume 18, Issue 7, eff. February 1, 2002; Volume 22, Issue 26, eff. November 1, 2006; Volume 32, Issue 1, eff. November 1, 2015; Volume 42, Issue 1, eff. October 1, 2025.

Part III Renewal/Reinstatement

18VAC25-21-80 Notice of renewal

Licenses issued under this chapter will be issued for a two-year period. Each license holder, corporation, or firm will be required to renew the license by submitting the proper fee with verification of current surety bond coverage as detailed in 18VAC25-21-30. By renewing the license, the licensee is certifying continued compliance with the Standards of Practice in Part IV (18VAC25-21-100 et seq.) and Standards of Conduct in Part V (18VAC25-21-180 et seq.), as well as Continuing Education Requirements in Part VII (18VAC25-21-230 et seq.) of this chapter.

History

Statutory Authority: §§ 54.1-201 and 54.1-602 of the Code of Virginia.
Historical Notes: Derived from VR150-01-2:1 § 3.1, eff. August 1, 1995; amended, Virginia Register Volume 23, Issue 21, eff. August 1, 2007; Volume 32, Issue 1, eff. November 1, 2015; Volume 42, Issue 1, eff. October 1, 2025.

18VAC25-21-90 Failure to renew

A. Any licensee who fails to renew a license within 30 days after the license expires will be required to pay a late renewal fee.

B. Any licensee, including individuals initially licensed pursuant to § 54.1-603 A of the Code of Virginia, who fails to renew a license within six calendar months after the expiration date of the license will be required to apply for reinstatement of the license. The applicant must submit to the board a reinstatement application and fee and the following will apply:

If the license has been expired for six months or more, but less than two years, the applicant will be required to submit a reinstatement application, which will be evaluated by the board to determine if the applicant meets the renewal requirements. In addition, individual license holders applying for reinstatement are required to provide evidence of compliance with the continuing education requirements as contained in this chapter. A license that is reinstated will be deemed as having been continuous without interruption. Nothing in this chapter divests the board of its authority to discipline a license holder for a violation of the law or regulation during the period of time for which the licensee was licensed.
If the license has been expired for two years or more, the applicant will be required to submit a new application and meet current entry requirements that are in effect as of the date the application is received by the board office. The applicant will be required to submit the examination fee and sit for and pass the Virginia Licensed Auctioneer's Examination or comply with the provisions contained in 18VAC25-21-40. Any auctioneering activity conducted between the time the previous license expired and the effective date of the new license may be considered unlicensed activity.

D. The date that the complete renewal application, including fees and all required documentation, is received by the board or its agent will determine whether a license will be renewed without penalty or will be subject to reinstatement requirements.

History

Statutory Authority: §§ 54.1-201 and 54.1-602 of the Code of Virginia.
Historical Notes: Derived from VR150-01-2:1 § 3.2, eff. August 1, 1995; amended, Virginia Register Volume 18, Issue 7, eff. February 1, 2002; Volume 23, Issue 21, eff. August 1, 2007; Volume 32, Issue 1, eff. November 1, 2015; Volume 42, Issue 1, eff. October 1, 2025.

18VAC25-21-95 Board discretion to deny renewal or reinstatement

The board may deny renewal or reinstatement of a license for the same reason as it may refuse initial licensure or discipline a licensee. The licensee has the right to request further review of any such action by the board under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 54.1-201 and 54.1-602 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 1, eff. November 1, 2015.

Part IV Standards of Practice

18VAC25-21-100 Advertising

In all advertisements relating to an auction, the auctioneer's name and Virginia license number or the auction firm's name and Virginia license number shall be clearly displayed.

History

Statutory Authority: §§ 54.1-201 and 54.1-602 of the Code of Virginia.
Historical Notes: Derived from VR150-01-2:1 § 4.1, eff. August 1, 1995; amended, Virginia Register Volume 42, Issue 1, eff. October 1, 2025.

18VAC25-21-110 Contracts

A. When a licensee agrees to conduct an auction, a contract must be drawn setting forth the particulars of the terms and conditions under which the auctioneer or auction firm received the real or personal property for auction and particulars for the disbursement of the proceeds. Each contract for auction shall include the following:

a. A detailed list of the real or personal property received for sale with adequate descriptions of the property so that the personal property of material value can be readily identified. If a list cannot be made at the time of signing of the contract, and the owner of the items agrees to waive this requirement in writing in an addendum to the contract, then a list must be made a part of the contract (and attached) prior to auction of the real or personal property for that day; or

b. If the auctioneer or auction firm enters into a contract to sell items on a consignment basis where the total value of all the items to be sold at any one auction does not exceed $500, then the requirement contained in subdivision 1 a of this subsection is not applicable.

The name, address, telephone number, email address, website (if applicable), and license number of the licensee entering into the contract.
The name, address, telephone number, and email address of the property owner.
The date, time, and place of the auction at which the real or personal property is scheduled to be auctioned and date by which the property is to be returned or otherwise disposed of in accordance with the terms of the contract if it is not sold.
The fee or percentage of gross sales the auctioneer or auction firm will charge the owner and what services are included in the fee, such as preparation, travel, labor, advertising, and any other auction related expenses.
By what date the owner is to be paid and who is responsible for disbursing the funds.
A statement indicating that the auctioneer will maintain an itemized accounting of all items sold on a daily basis to be made available upon request by the owner.

B. A legible executed copy of the contract and any addendums must be provided to the owner at the time of execution.

History

Statutory Authority: §§ 54.1-201 and 54.1-602 of the Code of Virginia.
Historical Notes: Derived from VR150-01-2:1 § 4.2, eff. August 1, 1995; amended, Virginia Register Volume 18, Issue 7, eff. February 1, 2002; Volume 25, Issue 7, eff. February 1, 2009; Volume 32, Issue 1, eff. November 1, 2015; Volume 42, Issue 1, eff. October 1, 2025.

18VAC25-21-120 Conduct at auctions

No licensee will attempt to escalate bidding through false bids or through collusion with another (shills). The licensee must not bid on the owner's behalf nor knowingly accept a bid made by the owner or made on the owner's behalf unless notice has been given that liberty for such bidding has been reserved. The licensee must neither bid on the licensee's own behalf nor knowingly accept a bid made on the licensee's behalf unless notice has been given that such bidding will be permitted.

History

Statutory Authority: §§ 54.1-201 and 54.1-602 of the Code of Virginia.
Historical Notes: Derived from VR150-01-2:1 § 4.3, eff. August 1, 1995; amended, Virginia Register Volume 25, Issue 7, eff. February 1, 2009; Volume 32, Issue 1, eff. November 1, 2015; Volume 42, Issue 1, eff. October 1, 2025.

18VAC25-21-130 (Repealed.)

History

Historical Notes: Derived from VR150-01-2:1 § 4.4, eff. August 1, 1995; repealed, Virginia Register Volume 42, Issue 1, eff. October 1, 2025.

18VAC25-21-140 Documentation

A. Upon completion of the licensee's service, each owner must be given legible copies of bills of sale, itemized accounting of all items auctioned, consignment sheets, settlement papers, balance sheets, and other evidence to properly account for all items sold at auction.

B. The licensee is required to maintain, for a period of three years from date of settlement, all items in subsection A of this section, the contract, and buyer records. These business records must be available for inspection by the board or its designees upon request.

History

Statutory Authority: §§ 54.1-201 and 54.1-602 of the Code of Virginia.
Historical Notes: Derived from VR150-01-2:1 § 4.5, eff. August 1, 1995; amended, Virginia Register Volume 32, Issue 1, eff. November 1, 2015; Volume 42, Issue 1, eff. October 1, 2025.

18VAC25-21-150 Escrow funds

A. Proceeds of a personal property auction not disbursed to the owner on auction day must be deposited in an auction escrow account by the licensee no later than the next banking day following the date of auction or sale of the goods.

B. Notwithstanding the provisions of subsection A of this section, proceeds that are paid via credit card, debit card, check card, or any other electronic funds transfer (EFT) method must be deposited into an auction escrow account upon receipt from the originating source.

C. The auction escrow account must be used solely for the preservation and guarantee of auction proceeds until disbursed at settlement. Funds for any other purpose must not be commingled with the auction escrow account. Moneys due to the licensee must not be withdrawn from the auction escrow account until final settlement is made with the owner.

D. Funds to be deposited in the escrow account may include moneys that will ultimately belong to the licensee for incidental expenses per the terms of the contract. Such moneys must be separately identified in the escrow account records and must be paid to the licensee by a check drawn on the escrow account when the funds become due to the licensee. The fact that an escrow account contains money that may ultimately belong to the licensee does not constitute "commingling of funds," provided that the licensee can at all times accurately identify the total funds in that account that belong to the licensee.

E. Auctioneers and auction firms must use federally insured depositories in the Commonwealth of Virginia. All accounts, checks, and bank statements must be labeled "escrow" and the accounts must be designated as "escrow" accounts with the financial institution where such accounts are established.

F. Proceeds due from the sale of goods other than real property must be disbursed to the owner no later than 30 days after the date of each auction.

G. Funds from a real estate auction must be held in escrow until settlement in accordance with the agreement of sale.

H. If the owner's goods are not sold in a single auction, proceeds due must be disbursed to the owner within 30 days after each auction for goods other than real property, or in accordance with the agreement of sale for the sale of real property. Notice must be given to the owner of tentative date of auction, or date of return to the owner, of the remaining goods.

I. The balance in the escrow accounts must be sufficient at all times to account for all funds that are designated to be held by the licensee. A licensee must not disburse or cause to be disbursed moneys from an escrow account unless sufficient money is on deposit in that account to the credit of the individual client or property involved.

History

Statutory Authority: §§ 54.1-201 and 54.1-602 of the Code of Virginia.
Historical Notes: Derived from VR150-01-2:1 § 4.6, eff. August 1, 1995; amended, Virginia Register Volume 25, Issue 7, eff. February 1, 2009; Volume 25, Issue 24, eff. October 1, 2009; Volume 32, Issue 1, eff. November 1, 2015; Volume 42, Issue 1, eff. October 1, 2025.

18VAC25-21-160 (Repealed.)

History

Historical Notes: Derived from VR150-01-2:1 § 4.7, eff. August 1, 1995; amended, Virginia Register Volume 32, Issue 1, eff. November 1, 2015; repealed, Virginia Register Volume 42, Issue 1, eff. October 1, 2025.

18VAC25-21-170 Change of address

A. Licenses are not transferable and must bear the same name and physical address as the business. Upon dissolution or change in the form of the business entity of an auction firm, the auction firm license will become void.

B. A licensee must report all changes of address to the board in writing within 30 calendar days of the change.

C. A post office box is acceptable only when a physical address is also provided.

History

Statutory Authority: §§ 54.1-201 and 54.1-602 of the Code of Virginia.
Historical Notes: Derived from VR150-01-2:1 § 4.8, eff. August 1, 1995; amended, Virginia Register Volume 25, Issue 7, eff. February 1, 2009; Volume 32, Issue 1, eff. November 1, 2015; Volume 42, Issue 1, eff. October 1, 2025.

Part V Standards of Conduct

18VAC25-21-180 Discipline

The board has the power to fine any individual or firm licensee or to suspend or revoke any license issued under the provisions of Chapter 6 (§ 54.1-600 et seq.) of Title 54.1 of the Code of Virginia and the regulations of the board pursuant to the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) if the board finds that:

The license was obtained, renewed, or reinstated through fraud or misrepresentation;
The licensee has been convicted or found guilty, regardless of the manner of adjudication, in any jurisdiction of the United States, of a non-marijuana misdemeanor involving dishonest or fraudulent acts or any felony, there being no appeal pending therefrom or the time for appeal having elapsed. Review of prior criminal convictions will be subject to the requirements of § 54.1-204 of the Code of Virginia;
The licensee has been found by any regulatory board, agency, or jurisdiction where licensed to have had a license or registration suspended, revoked, or surrendered in connection with a disciplinary action, to have been the subject of discipline in another jurisdiction, or to have violated any applicable regulations or laws in the course of performing auctioneer duties;
The licensee has not demonstrated reasonable care, judgment, or application of the licensee's knowledge and ability in the performance of auctioneering duties;
The licensee violated or assisted another to violate any provisions of Chapter 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), 3 (§ 54.1-300 et seq.), or 6 of Title 54.1 of the Code of Virginia, this chapter, or combined or conspired with or acted as agent, partner, or associate for another; or
The licensee fails to comply, or misrepresents any information pertaining to the licensee's compliance, with any of the continuing education requirements contained in this chapter.

History

Statutory Authority: §§ 54.1-201 and 54.1-602 of the Code of Virginia.
Historical Notes: Derived from VR150-01-2:1 § 5.1, eff. August 1, 1995; amended, Virginia Register Volume 18, Issue 7, eff. February 1, 2002; Volume 23, Issue 21, eff. August 1, 2007; Volume 25, Issue 7, eff. February 1, 2009; Volume 32, Issue 1, eff. November 1, 2015; Volume 38, Issue 4, eff. December 1, 2021; Volume 42, Issue 1, eff. October 1, 2025; Volume 42, Issue 4, eff. November 5, 2025.

18VAC25-21-185 Cooperation with board

A. The licensee must, upon request or demand, produce to the board or any of its agents within 10 days any plan, document, book, record, or copy thereof in the licensee's possession concerning a transaction covered by this chapter and must cooperate in the investigation of a complaint filed with the board.

B. A licensee who has direct knowledge that any individual, including the licensee, or firm may be violating any of these provisions, or the provisions of Chapters 1 (§ 54.1-100 et seq.) through 3 (§ 54.1-300 et seq.) or Chapter 6 (§ 54.1-600 et seq.) of Title 54.1 of the Code of Virginia must immediately inform the secretary of the board in writing and must cooperate in furnishing any further information or assistance that may be required.

History

Statutory Authority: §§ 54.1-201 and 54.1-602 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 7, eff. February 1, 2009; amended, Virginia Register Volume 32, Issue 1, eff. November 1, 2015; Volume 42, Issue 1, eff. October 1, 2025.

Part VI Schools of Auctioneering

18VAC25-21-190 Application for course approval

A. Schools seeking approval of courses must file a request with the board. The request must include the following information:

Name and address of the school.
Locations where classes will be held.
Length of the course and total number of hours of instruction, including a minimum of 80 hours of classroom studies and active participation in the auction business.
Subjects covered together with number of instruction hours assigned. Course study must include:

a. Auctioneering;

b. Elementary principals of real estate, including brokerage;

c. Contracts;

d. Advertising;

e. Sale preparation;

f. Bid calling;

g. Settlement statements;

h. Ethics; and

i. Current rules and regulations of the Auctioneers Board.

Names of Virginia licensed auctioneer instructors and confirmation of participation in the various aspects of a minimum of 50 auctions.

B. Any change in the information provided by the school to the board must be reported to the board in writing within 30 days of such an occurrence.

C. Approval is subject to periodic requalification review as determined by the board.

History

Statutory Authority: §§ 54.1-201 and 54.1-602 of the Code of Virginia.
Historical Notes: Derived from VR150-01-2:1 § 6.1, eff. August 1, 1995; amended, Virginia Register Volume 42, Issue 1, eff. October 1, 2025.

18VAC25-21-200 (Repealed.)

History

Historical Notes: Derived from VR150-01-2:1 § 6.2, eff. August 1, 1995; amended, Virginia Register Volume 18, Issue 7, eff. February 1, 2002; repealed, Virginia Register Volume 42, Issue 1, eff. October 1, 2025.

18VAC25-21-210 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 18, Issue 7, eff. February 1, 2002; repealed, Virginia Register Volume 42, Issue 1, eff. October 1, 2025.

18VAC25-21-220 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 18, Issue 7, eff. February 1, 2002; amended, Virginia Register Volume 32, Issue 1, eff. November 1, 2015; repealed, Virginia Register Volume 42, Issue 1, eff. October 1, 2025.

Part VII Continuing Education Requirements

18VAC25-21-230 Application and criteria for course approval

A. Course providers seeking approval of continuing education course must file an application with the board office. All continuing education course providers must obtain approval from the board office prior to offering to provide or providing a course that is advertised or represented as being eligible to comply with the continuing education provisions of this chapter. Retroactive approval of continuing education courses will not be permitted.

Continuing education courses will be approved provided the following criteria are met:

Course subjects must be related to the current practice of auctioneering and have defined learning objectives.
At the end of the course, each attendee must be assessed to verify that the attendee has achieved the defined learning objectives.
The course curriculum must be consistent with the defined learning objectives.
The method of instruction must be consistent with the defined learning objectives of the course.
Course instructors must be competent in the subject being taught, either by education or experience, and in instructional techniques.
Fifty contact minutes shall equal one continuing education credit hour. No credit will be awarded for partial continuing education credit hours or partial completion of the course. In addition, attendees who fail to demonstrate successful completion of the defined learning objectives of the course will not be awarded credit for the course. For courses in which individual segments are less than 50 minutes, the sum of the segments will be totaled for computation of continuing education credit hours.
The course provider certifies that the laws, regulations, and industry practices that will be taught or utilized in the course are up to date and that any subsequent changes in laws, regulations, or industry practices will be incorporated into the course curriculum as they occur.
The course provider certifies that it will comply with provisions of this chapter in administering and providing the approved course.

B. Pursuant to § 54.1-603.1 A of the Code of Virginia, continuing education courses completed by an auctioneer pursuant to a requirement of the Certified Auctioneer's Institute or participation in the educational programs sponsored by the National Auctioneer's Association or Virginia Auctioneer's Association are approved.

History

Statutory Authority: §§ 54.1-201, 54.1-602 and 54.1-603.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 21, eff. August 1, 2007; amended, Virginia Register Volume 42, Issue 1, eff. October 1, 2025.

18VAC25-21-240 Administration of courses

A. Approved course providers must comply with the requirements of this chapter when providing approved courses. Failure of a course provider to comply with the board's requirements contained in 18VAC25-21-230 or any other provision of this chapter at any time after receiving approval from the board may result in the board withdrawing its approval for a course or a specific offering of the course.

B. Course approval is not transferable from the course provider to whom it was originally issued.

C. The approved course providers must award a certificate of completion to those attendees who successfully complete the course that includes the sponsor identification number of the course provider issued by the board office, name of the course, number of continuing education credit hours awarded, and the date of the course. Course providers must only award continuing education credit hours in the amount as approved.

D. Attendance must be verified and documented at the beginning and end of the course and monitored during the course. No credit may be awarded to attendees who arrived late, left early, or missed a portion of the course or failed to accomplish the learning objectives of the course. Further, such individuals may not be awarded a certificate of completion by the course provider.

E. All records related to an approved course must be maintained for four years from the date of the course and such records must be provided to the board or its duly authorized agents upon request. Records that must be maintained include time, date, and location of the course; course materials; course curriculum; instructor; instructor qualifications; learning objectives; assessment of attendees for verification of achievement of the learning objectives; attendance rosters; and records of those attendees who successfully completed the course and those who did not and reasons why attendees noted as not successfully completing the course did not successfully complete the course.

History

Statutory Authority: §§ 54.1-201, 54.1-602 and 54.1-603.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 21, eff. August 1, 2007; amended, Virginia Register Volume 42, Issue 1, eff. October 1, 2025.

18VAC25-21-250 Continuing education requirements for renewal or reinstatement

A. Licensees whose licenses expire or who apply to reinstate are required to comply with the continuing education provisions of this chapter, excluding any auctioneer licensed by the board for 25 years or more and who is 70 years of age or older at the time of license expiration pursuant to § 54.1-603.1 A of the Code of Virginia.

B. Licensees subject to the provisions of this section are required to complete at least six continuing education credit hours of board-approved continuing education courses for any license renewal or reinstatement.

A Virginia licensee that is also licensed in another state with which the board shares a reciprocal agreement may use board-approved continuing education in that state to meet the required six hours of continuing education for Virginia, provided that the reciprocal jurisdiction affords the same privilege to Virginia licensees.

C. 1. Each licensee applying for renewal shall certify that the licensee has met the continuing education requirements of this chapter. Only continuing education courses completed during the license period immediately prior to the expiration date of the license will be acceptable in order to renew the license.

Licensees must maintain records of completion of continuing education credit hours for two years from the date of expiration of the license for which the continuing education credit hours are being used to renew the license. Individuals must provide such records to the board or its duly authorized agents upon request.
Continuing education credit hours utilized to satisfy the continuing education requirements to renew a license will be valid only for that renewal and will not be accepted for any subsequent renewal cycles or reinstatement.

D. 1. Each individual applying for reinstatement must provide, as part of the individual's reinstatement application, evidence of compliance with the continuing education requirements of this chapter. The completion date of continuing education courses submitted in support of a reinstatement application must not be more than two years old as of the date a complete reinstatement application is received by the board.

Continuing education credit hours utilized to satisfy the continuing education requirements in order to reinstate a license will be valid only for that reinstatement and will not be accepted for any subsequent renewal cycles or reinstatement.

E. Notwithstanding the provisions of subsection C of this section, continuing education hours earned during a licensing renewal cycle to satisfy the continuing education requirements of the preceding licensing renewal cycle will be valid only for that preceding license renewal cycle and will not be accepted for any subsequent renewal cycles or reinstatement.

History

Statutory Authority: §§ 54.1-201, 54.1-602, and 54.1-603.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 21, eff. August 1, 2007; amended, Virginia Register Volume 32, Issue 1, eff. November 1, 2015; Volume 33, Issue 3, eff. November 2, 2016; Volume 42, Issue 1, eff. October 1, 2025.

18VAC25-21-260 Exemptions and waivers

A. Pursuant to § 54.1-603.1 A of the Code of Virginia, the board will exempt any auctioneer licensed by the board for 25 years or more and who is 70 years of age or older from the requirement to comply with the continuing education provisions of this chapter.

B. Pursuant to § 54.1-603.1 B of the Code of Virginia, the board may grant exemptions or waive or reduce the number of continuing education hours required in cases of certified illness or undue hardship. However, such exemptions, waivers, or reductions will not relieve the individual of the obligation to comply with any other requirements of this chapter, including the provisions of 18VAC25-21-80 or 18VAC25-21-90.

History

Statutory Authority: §§ 54.1-201, 54.1-602, and 54.1-603.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 21, eff. August 1, 2007; amended, Virginia Register Volume 33, Issue 3, eff. November 2, 2016; Volume 42, Issue 1, eff. October 1, 2025.

18VAC25-21-270 Amendments and changes

Any change in the information provided by a course provider to the board as required by 18VAC25-21-230 A or 18VAC25-21-280 or change in ability to comply with the requirements of 18VAC25-21-240 must be reported to the board in writing within 10 days of such an occurrence. In instances of noncompliance with the provisions of this chapter, the approval of the course is automatically suspended until such time as the course provider corrects the deficiency and notifies the board in writing that such deficiency has been corrected.

History

Statutory Authority: §§ 54.1-201, 54.1-602 and 54.1-603.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 21, eff. August 1, 2007; amended, Virginia Register Volume 42, Issue 1, eff. October 1, 2025.

18VAC25-21-280 Periodic requalification for continued course approval

The board may require that course providers that have previously obtained course approval provide the board with evidence, in a form set forth by the board, that they continue to comply with the requirements of 18VAC25-21-230 A and 18VAC25-21-240. Failure to continue to comply with the board's requirements or respond to such a request may result in the board withdrawing its approval.

History

Statutory Authority: §§ 54.1-201 and 54.1-602 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 21, eff. August 1, 2007; amended, Virginia Register Volume 32, Issue 1, eff. November 1, 2015.

Agency 30 Board of Audiology And Speech-Language Pathology

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

18VAC30-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Board of Audiology and Speech-Language Pathology. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

18VAC30-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Board of Audiology and Speech-Language Pathology, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

Part II Notification of Interested Persons

18VAC30-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

18VAC30-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 18VAC30-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

Part III Public Participation Procedures

18VAC30-11-50 Public comment

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008; amended, Virginia Register Volume 33, Issue 7, eff. January 12, 2017.

18VAC30-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

18VAC30-11-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

18VAC30-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

18VAC30-11-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

18VAC30-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

18VAC30-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

Chapter 21 Regulations Governing Audiology and Speech-Language Pathology

Part I General Provisions

18VAC30-21-10 Definitions

A. The words and terms "audiologist," "board," "practice of audiology," "practice of speech-language pathology," "speech-language disorders," and "speech-language pathologist" when used in this chapter shall have the meanings ascribed to them in § 54.1-2600 of the Code of Virginia.

B. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"ABA" means the American Board of Audiology.

"Active practice" means a minimum of 160 hours of professional practice as an audiologist or speech-language pathologist for each 12-month period immediately preceding application for licensure. Active practice may include supervisory, administrative, educational, research, or consultative activities or responsibilities for the delivery of such services.

"ASHA" means the American Speech-Language-Hearing Association.

"Client" means a patient or person receiving services in audiology or speech-language pathology.

"Limited cerumen management" means the identification and removal of cerumen from the cartilaginous outer one-third portion of the external auditory canal in accordance with minimum standards and procedures set forth in this chapter.

"School speech-language pathologist" means a person licensed pursuant to § 54.1-2603 of the Code of Virginia to provide speech-language pathology services solely in public school divisions.

"Supervision" means that the audiologist or speech-language pathologist is responsible for the entire service being rendered or activity being performed, is available for consultation, and is providing regular monitoring and documentation of clinical activities and competencies of the person being supervised.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 23, eff. August 10, 2016; amended, Virginia Register Volume 32, Issue 26, eff. September 21, 2016; Volume 39, Issue 7, eff. January 5, 2023.

18VAC30-21-20 Required licenses

A. There shall be separate licenses for the practices of audiology and speech-language pathology. It is prohibited for any person to practice as an audiologist or a speech-language pathologist unless the person has been issued the appropriate license.

B. A licensee shall provide a copy of his license upon request.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 23, eff. August 10, 2016; amended, Virginia Register Volume 39, Issue 7, eff. January 5, 2023.

18VAC30-21-30 Records; accuracy of information

A. All changes of name, address of record, or public address, if different from the address of record, shall be furnished to the board within 30 days after the change occurs.

B. A licensee who has changed his name shall submit as legal proof to the board a copy of the marriage certificate, a certificate of naturalization, or a court order evidencing the change. A duplicate license with the changed name shall be issued by the board upon receipt of such evidence and the required fee.

C. All notices required by law and by this chapter to be mailed by the board to any licensee shall be validly served when mailed to the latest address of record on file with the board.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 23, eff. August 10, 2016; amended, Virginia Register Volume 39, Issue 7, eff. January 5, 2023.

18VAC30-21-40 Fees required

A. The following fees shall be paid as applicable for licensure:

| 1. Application for audiology or speech-language pathology license | $135 | | --- | --- | | 2. Application for school speech-language pathology license | $70 | | 3. Verification of licensure requests from other states | $20 | | 4. Annual renewal of audiology or speech-language pathology license | $75 | | 5. Late renewal of audiology or speech-language pathology license | $25 | | 6. Annual renewal of school speech-language pathology license | $40 | | 7. Late renewal of school speech-language pathology license | $15 | | 8. Reinstatement of audiology or speech-language pathology license | $135 | | 9. Reinstatement of school speech-language pathology license | $70 | | 10. Duplicate wall certificate | $25 | | 11. Duplicate license | $5 | | 12. Handling fee for returned check or dishonored credit card or debit card | $50 | | 13. Inactive license renewal for audiology or speech-language pathology | $40 | | 14. Inactive license renewal for school speech-language pathology | $20 | | 15. Application for provisional license | $50 | | 16. Renewal of provisional license | $25 |

B. Fees shall be nonrefundable.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 23, eff. August 10, 2016; amended, Virginia Register Volume 34, Issue 16, eff. May 2, 2018; Volume 37, Issue 1, eff. October 15, 2020; Volume 39, Issue 7, eff. January 5, 2023; Volume 41, Issue 10, eff. February 13, 2025.

Part II Requirements for Licensure

18VAC30-21-50 Application requirements

A. A person seeking a provisional license or licensure as an audiologist, a speech-language pathologist, or a school speech-language pathologist shall submit:

A completed and signed application;
The applicable fee prescribed in 18VAC30-21-40, or in the case of an application for licensure as an audiologist, a speech-language pathologist, or a school speech-language pathologist issued a provisional license pursuant to 18VAC30-21-70 A, the difference between the provisional licensure fee and the application licensure fee;
Verification of the status of the license or certification from each United States jurisdiction in which licensure or certification is held or has ever been held; and
A current report from the U.S. Department of Health and Human Services National Practitioner Data Bank.

B. An incomplete application package shall be retained by the board for a period of one year. If an application is not completed within the year, an applicant shall reapply and pay a new application fee.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 23, eff. August 10, 2016; amended, Virginia Register Volume 34, Issue 25, eff. September 20, 2018; Volume 39, Issue 7, eff. January 5, 2023; Volume 41, Issue 10, eff. February 13, 2025.

18VAC30-21-60 Qualifications for initial licensure

A. The board may grant an initial license to an applicant for licensure in audiology or speech-language pathology who:

Holds a current and unrestricted Certificate of Clinical Competence issued by ASHA; or
Submits evidence of the following:

a. Documentation of graduation from a program accredited by the Council on Academic Accreditation of ASHA or an equivalent accrediting body recognized by the board;

b. Passage of the qualifying examination from an accrediting body recognized by the board; and

c. Evidence of six months of practice pursuant to a provisional license as described in 18VAC30-21-70 and submission of recommendation for licensure from the applicant's supervisor during practice as a provisional licensee.

B. The board may grant a license to an applicant as a school speech-language pathologist who holds a master's degree in speech-language-pathology.

C. The board may refuse to issue a license to any applicant who has been determined to have committed an act in violation of 18VAC30-21-160.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 23, eff. August 10, 2016; amended, Virginia Register Volume 39, Issue 7, eff. January 5, 2023; Volume 41, Issue 10, eff. February 13, 2025.

18VAC30-21-70 Provisional licensure

A. Provisional license to qualify for initial licensure. An applicant may be issued a provisional license in order to obtain clinical experience for initial licensure in Virginia. The applicant shall submit documentation that the applicant has:

Passed the qualifying examination from an accrediting body recognized by the board; and
Either:

a. For provisional licensure in audiology, successfully completed all the didactic coursework required for the doctoral degree as documented by a college or university whose audiology program is accredited by the Council on Academic Accreditation of ASHA or an equivalent accrediting body as recognized by the board; or

b. For provisional licensure in speech-language pathology, submission of documentation of graduation or evidence that the applicant successfully completed all the didactic coursework required for a graduate program in speech-language pathology as documented by a college or university whose program is accredited by the Council on Academic Accreditation of ASHA or an equivalent accrediting body as recognized by the board.

B. Provisional license to qualify for endorsement or reentry into practice. An applicant may be issued a provisional license in order to qualify for licensure by endorsement pursuant to 18VAC30-21-80, reactivation of an inactive license pursuant to subsection C of 18VAC30-21-110, or reinstatement of a lapsed license pursuant to subsection B of 18VAC30-21-120.

All provisional licenses shall expire 24 months from the date of issuance and may be renewed for an additional 12 months by submission of a renewal form and payment of a renewal fee. Renewal of a provisional license beyond 36 months shall be for good cause shown.

C. The holder of a provisional license in audiology shall only practice under the supervision of a licensed audiologist, and the holder of a provisional license in speech-language pathology shall only practice under the supervision of a licensed speech-language pathologist. The provisional licensee shall be responsible and accountable for the safe performance of those direct client care tasks to which the provisional licensee has been assigned.

D. Licensed audiologists or speech-language pathologists providing supervision shall:

Have an active, current license and at least three years of active practice as an audiologist or speech-language pathologist prior to providing supervision;
Document the frequency and nature of the supervision of provisional licensees;
Be responsible and accountable for the assignment of clients and tasks based on assessment and evaluation of the provisional licensee's knowledge and skills; and
Monitor clinical performance and intervene if necessary for the safety and protection of the clients.

E. The identity of a provisional licensee shall be disclosed to the client prior to treatment and shall be made a part of the client's file.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 23, eff. August 10, 2016; amended, Virginia Register Volume 39, Issue 7, eff. January 5, 2023; Volume 41, Issue 10, eff. February 13, 2025.

18VAC30-21-80 Qualifications for licensure by endorsement

A. An applicant for licensure in audiology or speech-language pathology who has been licensed in another United States jurisdiction may apply for licensure in Virginia in accordance with application requirements in 18VAC30-21-50 and shall submit documentation of current active and unrestricted licensure in another United States jurisdiction and either:

Evidence of one year of active practice over the past three years; or
Evidence of six months of practice pursuant to a provisional license as described in 18VAC30-21-70 and submission of recommendation for licensure from the applicant's supervisor during practice as a provisional licensee.

B. The board may refuse to issue a license to any applicant who has been determined to have committed an act in violation of 18VAC30-21-160.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 23, eff. August 10, 2016; amended, Virginia Register Volume 34, Issue 25, eff. September 20, 2018; Volume 36, Issue 11, eff. March 5, 2020; Volume 39, Issue 7, eff. January 5, 2023; Volume 41, Issue 10, eff. February 13, 2025.

Part III Renewal and Continuing Education

18VAC30-21-90 Renewal requirements

A. A person who desires to renew his license shall, not later than June 30 of each year, submit the renewal notice and applicable renewal fee. A licensee who fails to renew his license by the expiration date shall have a lapsed license, and practice with a lapsed license may constitute grounds for disciplinary action by the board.

B. A person who fails to renew his license by the expiration date may renew at any time within one year of expiration by submission of a renewal notice, the renewal fee and late fee, and an attestation of compliance with continuing education requirements.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 23, eff. August 10, 2016; amended, Virginia Register Volume 34, Issue 16, eff. May 2, 2018; Volume 39, Issue 7, eff. January 5, 2023.

18VAC30-21-100 Continuing education requirements for renewal of an active license

A. In order to renew an active license, a licensee shall complete at least 10 hours of continuing education prior to the renewal date each year. One hour of the 10 hours required for annual renewal may be satisfied through delivery of professional services, without compensation, to low-income individuals receiving health services through a local health department or a free clinic organized in whole or primarily for the delivery of those services. One hour of continuing education may be credited for three hours of providing such volunteer services, as documented by the health department or free clinic.

B. Continuing education shall be activities, programs, or courses related to audiology or speech-language pathology, depending on the license held, and offered or approved by a board-recognized, accredited sponsor or organization.

C. If the licensee is dually licensed by the board as an audiologist and speech-language pathologist, a total of no more than 15 hours of continuing education are required for renewal of both licenses with a minimum of 7.5 contact hours in each profession.

D. A licensee shall be exempt from the continuing education requirements for the first renewal following the date of initial licensure in Virginia under 18VAC30-21-60.

E. The licensee shall retain all continuing education documentation for a period of three years following the renewal of an active license. Documentation from the sponsor or organization shall include the title of the course, the name of the sponsoring organization, the date of the course, and the number of hours credited.

F. The board may grant an extension of the deadline for continuing education requirements for up to one year for good cause shown upon a written request from the licensee prior to the renewal date of each year.

G. The board may grant an exemption for all or part of the requirements for circumstances beyond the control of the licensee, such as temporary disability, mandatory military service, or officially declared disasters.

H. The board may periodically conduct an audit for compliance with continuing education requirements. Licensees selected for an audit conducted by the board shall provide all supporting documentation within 30 days of receiving notification of the audit.

I. Failure to comply with these requirements may subject the licensee to disciplinary action by the board.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 23, eff. August 10, 2016; amended, Virginia Register Volume 33, Issue 11, eff. March 9, 2017; Volume 34, Issue 16, eff. May 2, 2018; Volume 36, Issue 11, eff. March 5, 2020; Volume 39, Issue 7, eff. January 5, 2023; Volume 41, Issue 10, eff. February 13, 2025.

Part IV Reactivation and Reinstatement

18VAC30-21-110 Inactive licensure; reactivation and reinstatement for audiologists, speech-language pathologists, or school speech-language pathologists

A. An audiologist, speech-language pathologist, or school speech-language pathologist who holds a current, unrestricted license in Virginia may, upon a request on the renewal application and submission of the required fee, be issued an inactive license. The holder of an inactive license shall not be required to maintain continuing education requirements and shall not be entitled to perform any act requiring a license to practice audiology or speech-language pathology in Virginia.

B. A licensee whose license has been inactive or has lapsed and who requests reactivation or reinstatement of an active license shall file an application, pay the prescribed fee, which, for reactivation of an inactive license, shall be the difference between the inactive and active renewal fees for the current year, and provide documentation of:

Either:

a. Current certification issued by ASHA or ABA; or

b. Completion of 10 continuing education hours equal to the requirement for the number of years in which the license has been inactive, not to exceed 30 contact hours; and

A current report from the U.S. Department of Health and Human Services National Practitioner Data Bank.

C. The board may deny a request for reactivation to any licensee who has been determined to have committed an act in violation of 18VAC30-21-160.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 23, eff. August 10, 2016; amended, Virginia Register Volume 33, Issue 12, eff. March 23, 2017; Volume 39, Issue 7, eff. January 5, 2023; Volume 41, Issue 10, eff. February 13, 2025.

18VAC30-21-120 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 32, Issue 23, eff. August 10, 2016; amended, Virginia Register Volume 33, Issue 12, eff. March 23, 2017; Volume 39, Issue 7, eff. January 5, 2023; repealed, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

18VAC30-21-130 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 32, Issue 23, eff. August 10, 2016; repealed, Virginia Register Volume 33, Issue 12, eff. March 23, 2017.

18VAC30-21-131 Performance of flexible endoscopic evaluation of swallowing

A. For the purposes of this section, an endoscopic procedure shall mean a flexible endoscopic evaluation of swallowing limited to the use of flexible endoscopes to observe, collect data, and measure the parameters of swallowing for the purposes of functional assessment and therapy planning.

B. A speech-language pathologist who performs an endoscopic procedure shall meet the following qualifications:

Completion of a course or an educational program offered by a provider approved by the board that includes at least 12 hours on endoscopic procedures;
Successful performance of at least 25 flexible endoscopic procedures under the immediate and direct supervision of a board-certified otolaryngologist or another speech-language pathologist who has successfully performed at least 50 flexible endoscopic procedures beyond the 25 required for initial qualification and has been approved in writing by a board-certified otolaryngologist to provide that supervision; and
Current certification in basic life support.

C. The speech-language pathologist who qualifies to perform an endoscopic procedure pursuant to subsection B of this section shall maintain documentation of course completion and written verification from the supervising otolaryngologist or speech-language pathologist of successful completion of flexible endoscopic procedures.

D. An endoscopic procedure shall only be performed by a speech-language pathologist on referral from an otolaryngologist or other qualified physician.

E. A speech-language pathologist shall only perform an endoscopic procedure in a facility that has protocols in place for emergency medical backup. A flexible endoscopic evaluation of swallowing shall only be performed by a speech-language pathologist in either:

A licensed hospital or nursing home under the general supervision of a physician who is readily available in the event of an emergency, including physical presence in the facility or available by telephone; or
A physician's office at which the physician is on premises and available to provide onsite supervision.

F. The speech-language pathologist shall promptly report any observed abnormality or adverse reaction to the referring physician, an appropriate medical specialist, or both. The speech-language pathologist shall provide a report of an endoscopic procedure to the referring physician in a timely manner and, if requested, shall ensure access to a visual recording for viewing.

G. A speech-language pathologist is not authorized to possess or administer prescription drugs except as provided in § 54.1-3408 B of the Code of Virginia.

H. A speech-language pathologist who has been performing flexible endoscopic evaluations of swallowing prior to October 7, 2015, may continue to perform such evaluations provided the speech-language pathologist has written verification from a board-certified otolaryngologist that the speech-language pathologist has the appropriate training, knowledge, and skills to safely perform such evaluations.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 23, eff. August 10, 2016; amended, Virginia Register Volume 42, Issue 20, eff. June 17, 2026.

Part V Standards of Practice

18VAC30-21-140 Supervisory responsibilities; supervision of unlicensed assistants

A. Responsibility of a licensee.

A licensed audiologist who supervises unlicensed assistants shall document such supervision, shall be held fully responsible for their performance and activities, and shall ensure that they perform only those activities that do not constitute the practice of audiology and that are commensurate with their level of training.
A licensed speech-language pathologist who supervises unlicensed assistants shall document such supervision, shall be held fully responsible for their performance and activities, and shall ensure that they perform only those activities that do not constitute the practice of speech-language pathology and that are commensurate with their level of training.

a. A speech-language pathologist shall not supervise an assistant without the speech-language pathologist's knowledge and consent by the assistant and the licensee documented prior to assumption of supervisory responsibilities.

b. The frequency in which the speech-language pathologist personally delivers treatment or services to a client who is receiving some services from an assistant shall be up to the professional judgment of the speech-language pathologist and shall be determined by the treatment needs of the client, the type of services being provided, and the setting in which the client is being served, but shall occur at least every 30 days.

The identity of the unlicensed assistant shall be disclosed to the client prior to treatment and shall be made a part of the client's file.

B. Qualifications of a speech-language pathologist assistant.

A person acting as a speech-language pathologist assistant shall have:

a. A bachelor's degree or associate's degree and documented training by a licensed speech-language pathologist in topics related to the client population to be served; or

b. Employment as a speech-language pathologist assistant in a United States jurisdiction within the last five years preceding July 27, 2016.

A speech-language pathologist supervising an assistant shall be responsible for determining that the knowledge, skills, and clinical experience of the assistant are sufficient to ensure competency to perform all tasks to which the assistant is assigned. The speech-language pathologist shall document competency after training and direct observation of the assistant's performance of such tasks, and a record of skills and competencies shall be maintained.

C. Scope of practice of a speech-language pathologist assistant. After demonstration and documentation of competency for the duties to be assigned, an assistant shall only engage in those duties planned, designed, and supervised by a licensed speech-language pathologist, to include the following:

Assist with speech, language, and hearing screenings without clinical interpretation of results.
Assist during assessment of a client exclusive of administration or interpretation.
Perform activities for each session that are routine and do not require professional judgment, in accordance with a plan developed and directed by the speech-language pathologist who retains the professional responsibility for the client.
Document a client's performance and report information to the supervising speech-language pathologist.
Assist with programming augmentative and alternative communication devices and assist the client in repetitive use of such devices.
Sign or initial informal treatment notes and, upon request, co-sign formal documents with the supervising speech-language pathologist.
Engage in the following activities:

a. Preparing materials;

b. Scheduling appointments and activities;

c. Preparing charts, records, or graphs and performing other clerical duties;

d. Performing checks and maintenance of equipment; and

e. Assisting a client with transitioning to and from therapy sessions.

Perform duties not otherwise restricted to the practice of speech-language pathology.

D. A speech-language pathologist assistant shall not engage in the practice of speech-language pathology, including the following:

Represent himself as a speech-language pathologist.
Perform standardized or nonstandardized diagnostic tests or formal or informal evaluations.
Perform procedures that require a professional level of clinical acumen and technical skill.
Tabulate or interpret results and observations of feeding and swallowing evaluations or screenings performed by a speech-language pathologist.
Participate in formal conferences or meetings without the presence of the supervising speech-language pathologist.
Provide interpretative information to the client, the family of the client, or others regarding the client's status or service.
Write, develop, or modify a client's treatment plan.
Assist in or provide services as specified in subsection C of this section unless directed by the supervising speech-language pathologist.
Sign any formal documents in lieu of the supervising speech-language pathologist.
Select a client for service or discharge a client from service.
Make a decision on the need for additional services or make referrals for service.
Disclose clinical or confidential information either orally or in writing to anyone other than the supervising speech-language pathologist, unless mandated by law or authorized by the supervising speech-language pathologist.
Develop or determine the swallowing or feeding strategies or precautions for a client or provide feeding or swallowing treatment.

E. Supervision of an assistant in speech-language pathology.

The practice of an assistant shall only be supervised by a speech-language pathologist who retains full legal and ethical responsibility for the client. A speech-language pathologist shall only supervise the equivalent of two full-time assistants.
The speech-language pathologist shall provide the level of supervision to the speech-language pathologist assistant necessary to ensure quality of care to include onsite supervision of at least two client sessions for each assistant being supervised every 30 days to directly observe and evaluate the performance of the assistant. The speech-language pathologist shall document such onsite observation and evaluation in the client record for each session.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 23, eff. August 10, 2016; amended, Virginia Register Volume 32, Issue 26, eff. September 21, 2016.

18VAC30-21-141 Recordkeeping

A licensee shall properly manage and keep timely, accurate, legible, and complete client records, to include the following:

For licensees who are employed by a health care institution, school system, or other entity in which the individual practitioner does not own or maintain the practitioner's own records, maintain client records in accordance with the policies and procedures of the employing entity; or
For licensees who are self-employed or employed by an entity in which the individual practitioner does own and is responsible for client records, maintain a client record for a minimum of six years following the last client encounter with the following exceptions:

a. For records of a minor child, the minimum time is six years from the last client encounter or until the child reaches 18 years of age or becomes emancipated, whichever is longer; or

b. Records that have previously been transferred to another practitioner or health care provider or provided to the client or the client's personal representative as documented in a record or database maintained for a minimum of six years.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 39, Issue 7, eff. January 5, 2023; amended, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

18VAC30-21-145 Limited cerumen management

A. In order for an audiologist to perform limited cerumen management, he shall:

Be a graduate of a doctoral program in audiology that is accredited by the Council on Academic Accreditation of the American Speech-Language-Hearing Association or other accrediting body recognized by the board and that included didactic education and supervised clinical experience in cerumen management as specified in subsection B of this section; or
Complete a course or workshop in cerumen management that provides training as specified in subsection B of this section and that is approved by the American Speech-Language Hearing Association or the American Academy of Audiology.

B. An audiologist shall maintain documentation evidencing satisfactory completion of training in cerumen management to include the following:

Recognizing the presence of preexisting contraindications that necessitate referral to a physician;
Recognizing patient distress and appropriate action to take if complications are encountered;
Use of infection control precautions;
Procedures for removal of cerumen, including cerumen loop, gentle water irrigation, suction, and the use of material for softening;
Observation of each type of cerumen management procedure performed by a qualified audiologist or physician; and
Successful performance, under direct supervision by an audiologist qualified to perform cerumen management or a physician, of each type of cerumen management procedure.

C. An audiologist shall not perform cerumen management on a patient who has any of the following preexisting contraindications:

A perforated tympanic membrane;
Inflammation, tenderness, drainage, or open wounds or traces of blood in the external ear canal;
History of ear surgery that results in distortion of the external ear canal;
HIV infection or bleeding disorders;
Actual or suspected foreign body in the ear, excluding hearing aid components that are located in the lateral one-third portion of the ear canal;
Stenosis or bony exostosis of the ear canal; or
Cerumen impaction that totally occludes the visualization of the tympanic membrane.

D. An audiologist performing cerumen management shall:

Obtain informed consent of the patient or legally responsible adult and document such consent and the procedure performed in the patient record.
Refer patients to a physician if they exhibit contraindications or experience any complication, such as dizziness, during the procedure.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 26, eff. September 21, 2016.

18VAC30-21-150 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 32, Issue 23, eff. August 10, 2016; amended, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

18VAC30-21-160 Unprofessional conduct

The board may refuse to issue a license to any applicant, suspend a license for a stated period of time or indefinitely, reprimand a licensee or place his license on probation with such terms and conditions and for such time as it may designate, impose a monetary penalty, or revoke a license for any of the following:

Guarantee of the results of any speech, voice, language, or hearing consultative or therapeutic procedure or exploitation of clients by accepting them for treatment when benefit cannot reasonably be expected to occur or by continuing treatment unnecessarily;
Diagnosis or treatment of speech, voice, language, and hearing disorders solely by written correspondence, provided this shall not preclude:

a. Follow-up by written correspondence or electronic communication concerning individuals previously seen; or

b. Providing clients with general information of an educational nature;

Failure to comply with provisions of § 32.1-127.1:03 of the Code of Virginia related to the confidentiality and disclosure of client records or related to provision of client records to another practitioner or to the client or his personal representative;
Engaging or attempting to engage in a relationship with a client that constitutes a professional boundary violation in which the practitioner uses his professional position to take advantage of the vulnerability of a client or a client's family, including sexual misconduct with a client or a member of the client's family or other conduct that results or could result in personal gain at the expense of the client;
Incompetence or negligence in the practice of the profession;
Failure to comply with applicable state and federal statutes or regulations specifying the consultations and examinations required prior to the fitting of a new or replacement prosthetic aid for any communicatively impaired person;
Failure to refer a client to an appropriate health care practitioner when there is evidence of an impairment for which assessment, evaluation, care, or treatment might be necessary;
Failure to supervise persons who assist in the practice of audiology or speech-language pathology as well as failure to disclose the use and identity of unlicensed assistants;
Conviction of a felony or a misdemeanor involving moral turpitude;
Violating or cooperating with others in violating any of the provisions of Chapter 1 (§ 54.1-100 et seq.), 24 (§ 54.1-2400 et seq.), or 26 (§ 54.1-2600 et seq.) of Title 54 of the Code of Virginia or the regulations of the board;
Publishing or causing to be published in any manner an advertisement relating to his professional practice that is false, deceptive, or misleading;
Inability to practice with skill and safety;
Fraud, deceit, or misrepresentation in provision of documentation or information to the board or in the practice of audiology or speech-language pathology;
Aiding and abetting unlicensed activity; or
Revocation, suspension, restriction, or any other discipline of a license or certificate to practice or surrender of license or certificate while an investigation or administrative proceedings are pending in another regulatory agency in Virginia or another jurisdiction.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 23, eff. August 10, 2016; amended, Virginia Register Volume 39, Issue 7, eff. January 5, 2023.

18VAC30-21-170 Criteria for delegation to an agency subordinate

A. Decision to delegate. In accordance with subdivision 10 of § 54.1-2400 of the Code of Virginia, the board may delegate an informal fact-finding proceeding to an agency subordinate.

B. Criteria for delegation. Cases that may not be delegated to an agency subordinate are those that involve:

Intentional or negligent conduct that causes or is likely to cause injury to a patient;
Mandatory suspension resulting from action by another jurisdiction or a felony conviction;
Impairment with an inability to practice with skill and safety;
Sexual misconduct; and
Unauthorized practice.

C. Criteria for an agency subordinate.

An agency subordinate authorized by the board to conduct an informal fact-finding proceeding may include board members and professional staff or other persons deemed knowledgeable by virtue of training and experience in administrative proceedings involving the regulation and discipline of health professionals.
The executive director shall maintain a list of appropriately qualified persons to whom an informal fact-finding proceeding may be delegated.
The board may delegate to the executive director the selection of the agency subordinate who is deemed appropriately qualified to conduct a proceeding based on the qualifications of the subordinate and the type of case being heard.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 23, eff. August 10, 2016; amended, Virginia Register Volume 41, Issue 1, eff. October 10, 2024.

Agency 35 Board of Bar Examiners

Chapter 10 Rules of the Virginia Board of Bar Examiners

Part I General Provisions

18VAC35-10-10 Examinations

A. Unless otherwise directed by the board, in each year bar examinations will be held on two successive days in either the City of Richmond or Norfolk beginning on the Tuesday immediately preceding the last Wednesday in February at 9 a.m., and in the City of Roanoke beginning on the Tuesday immediately preceding the last Wednesday in July at 9 a.m.

B. Each examination will consist of two parts, with each part having a morning and afternoon session. The first part, given on Tuesday, is the essay part which is prepared and graded under the supervision of the Virginia Board of Bar Examiners. This part will test the applicant's knowledge of:

| | Agency Conflict of Laws Constitutional Law Contracts Corporations Creditor's Rights Criminal Law and Procedure Domestic Relations Equity Evidence Federal Practice and Procedure Local Government Law Partnerships Personal Property Professional Responsibility Real Property Sales Suretyship Taxation Torts Trusts Uniform Commercial Code Virginia Pleading, Practice and Procedure in law and equity (including appellate procedure) Wills and Administration of Estates | | --- | --- |

The second part, given on Wednesday, is the Multistate Bar Examination, compiled and graded under the supervision of the National Conference of Bar Examiners Office of Testing. The second part will test the applicant's knowledge of:

| | Constitutional Law; Contracts; Criminal Law; Evidence; Real Property; Torts. | | --- | --- |

C. All applicants must concurrently take the essay part and the multistate part of an examination at the same exam administration in Virginia. The scores of both parts will be weighted and combined to determine if the applicant has achieved an overall passing score as set by the board. Such weighting shall be made by a credit of 60% being given the score made on the essay part and a credit of 40% being given the scale score made on the multistate part. Only applicants who achieve such overall passing score will be licensed to practice law in Virginia.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3927 of the Code of Virginia.
Historical Notes: Derived from VR168-01-02 § 1.1, eff. October 1, 1993.

18VAC35-10-20 Academic requirements

A. An applicant for a Virginia bar examination shall:

Have received a degree from a law school approved by the American Bar Association, or the board; or
Be enrolled and in good standing in any such approved law school and, in the course of regular study, complete all degree requirements prior to the time such examination is given; or
Have been approved by the board and thereafter completed the required period of law study as set forth in the Law Reader Program Rule and Regulations of the Virginia Board of Bar Examiners.

B. An applicant who has received a portion of his legal training in a foreign law school is also required to have received a degree from an American Bar Association approved law school, and if such degree is other than the LL.B or J.D., the applicant shall furnish a certificate from the dean, assistant dean or acting dean of an American Bar Association approved law school in Virginia that his foreign legal education, together with his approved law school degree, is the equivalent of that required for an LL.B or a J.D. degree in such dean's law school. In addition, such applicant must furnish to the board evidence of his foreign legal degree and of his degree from the American Bar Association approved law school.

C. No applicant will be issued a license to practice law in this state until he has received a degree from an approved law school, or has successfully completed the required period of law study referred to above, and has furnished evidence of the same to the board.

D. Study by correspondence or in a nonapproved law school does not meet the foregoing requirements.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-02 § 1.2, eff. October 1, 1993.

18VAC35-10-30 Character requirements

A. No person shall be licensed to practice law in Virginia by the Virginia Board of Bar Examiners unless such person first produces evidence satisfactory to the board that the applicant is a person of honest demeanor and good moral character and possesses the requisite fitness to perform the obligations and responsibilities of a practicing attorney. The applicant has the burden to prove by clear and convincing evidence that he possesses these qualifications. If an applicant fails to answer any question on the Character and Fitness Questionnaire or which is otherwise propounded by the board, or to supply any requested documentary material, the board may find that the applicant has not met the burden of proving his good moral character.

B. The primary purposes of character and fitness screening before admission to the Virginia bar are to assure the protection of the public and safeguard the system of justice. An attorney should be one whose record of conduct justifies the trust of clients, adversaries, courts, and others with respect to the professional duties owed to them. A record manifesting a significant deficiency in the honesty, trustworthiness, diligence, or reliability of an applicant may constitute a basis for denial of admission. The revelation or discovery of any of the following may be treated as cause for further inquiry before the board decides whether the applicant possesses the character and fitness to practice law:

Commission or conviction of a crime;
Violation of the honor code of the applicant's college or university, law school, or other academic misconduct;
Making of false statements or omissions, including failing to provide complete and accurate information concerning the applicant's past;
Misconduct in employment;
Other than an honorable discharge from any branch of the armed services;
Acts involving dishonesty, fraud, deceit or misrepresentation;
Abuse of legal process;
Neglect of financial responsibilities;
Neglect of professional obligation;
Violation of an order of a court;
Evidence of mental or emotional instability;
Evidence of an existing and untreated drug or alcohol dependency;
Denial of admission to the bar in another jurisdiction on character and fitness grounds;
Disciplinary action by a lawyer disciplinary agency or other professional disciplinary agency of any jurisdiction, including pending, unresolved disciplinary complaints against the applicant;
Commission of an act constituting the unauthorized practice of law, or unresolved complaints involving allegations of the unauthorized practice of law; or
Any other conduct which reflects adversely upon the character or fitness of an applicant.

C. The board shall determine whether the present character and fitness of an applicant qualify the applicant for admission to the practice of law. In making this determination, the following factors will be considered in assigning weight and significance to the applicant's prior conduct:

Age of the applicant at the time of the conduct;
Recency of the conduct;
Reliability of the information concerning the conduct;
Seriousness of the conduct;
Factors underlying the conduct;
Cumulative effect of the conduct or information;
Evidence of rehabilitation;
Positive social contributions of the applicant since the conduct;
Candor of the applicant in the admissions process; and
Materiality of any omissions or misrepresentations.

D. Each applicant must file with the board a completed character and fitness questionnaire and pay the required character investigation fee. Applicants may submit their character and fitness questionnaires as soon as they begin their second semester of law school and are encouraged to file their questionnaires as early as possible. Any applicant who believes he may have a character or fitness problem should file early so that such potential problem may be resolved as soon as practicable. The investigation fee shall be set from time to time by the board. The current fee schedule is available from the Office of the Secretary of the board.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3925.1 of the Code of Virginia.
Historical Notes: Derived from VR168-01-02 § 1.3, eff. October 1, 1993.

18VAC35-10-40 Applicant eligibility

Any person who meets the foregoing education, character and fitness requirements may file an application to take a Virginia bar examination.

History

Statutory Authority: § 54.1-3922 of the Code of Virginia.
Historical Notes: Derived from VR168-01-02 § 1.4, eff. October 1, 1993.

Part II Filing Procedure

18VAC35-10-50 Procedure for completing and filing application

A prospective applicant should read these rules thoroughly before attempting to complete and submit an application for a bar examination.

It is the responsibility of each applicant to see that his application is filed in strict compliance with these rules. Such application shall: (i) be on the proper form with all answers fully and accurately supplied; (ii) contain the filing fee and all required attachments; and (iii) be RECEIVED in the Office of the Secretary on or before the filing deadline. All recitals in and provisions of the application shall become binding upon the applicant when filed.

If an application contains all required attachments and is otherwise complete and properly submitted, the applicant will be informed by the Office of the Secretary that he is filed for the current examination.

If an application does not contain all required attachments, or is otherwise incomplete or improperly submitted, the applicant will be informed by the Office of the Secretary that he is not filed for the current examination. If the application is not properly completed by a specified date, the applicant will be advised that his application is being carried forward to the next Virginia bar examination. The applicant must thereafter supply the missing attachments or information by the appropriate deadline to be considered filed for the subsequent examination.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3925 of the Code of Virginia.
Historical Notes: Derived from VR168-01-02 § 2.1, eff. October 1, 1993.

18VAC35-10-60 Fees

The application fee shall be set from time to time by the board and shall be in addition to the character investigation fee. The current fee schedule is available from the Office of the Secretary. No application will be considered filed unless at the time it is delivered to the Office of the Secretary there is attached the current application fee in the form of a cashier's or certified check or money order made payable to "Virginia Board of Bar Examiners." NO APPLICATION ACCOMPANIED BY CASH, PERSONAL CHECK OR FIRM CHECK WILL BE ACCEPTED. The application fee shall be nonrefundable. NO PART OF THE APPLICATION FORM OR REQUIRED ATTACHMENTS MAY BE TRANSMITTED BY A FACSIMILE MACHINE.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3925 of the Code of Virginia.
Historical Notes: Derived from VR168-01-02 § 2.2, eff. October 1, 1993.

18VAC35-10-70 Filing deadline

The proper form of application for examination, complete with fee and all required attachments, must be RECEIVED in the Office of the Secretary on or before December 15 when applying for the February examination, or May 15 when applying for the July examination. ABSOLUTELY NO APPLICATIONS RECEIVED AFTER SUCH DATES WILL BE ACCEPTED. APPLICANTS WHO MAIL THEIR APPLICATIONS OR USE DELIVERY SERVICES DO SO AT THEIR OWN RISK. No application for Examination will be accepted unless the applicant's completed character and fitness questionnaire, with the applicable fee, has been previously filed with the secretary of the board or is filed simultaneously with the application for examination. Early filing of the character and fitness questionnaire is encouraged.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3925 of the Code of Virginia.
Historical Notes: Derived from VR168-01-02 § 2.3, eff. October 1, 1993.

18VAC35-10-80 Form required

When filing for examination in Virginia for the first time, the applicant shall submit the Application For Examination and For License To Practice Law (a white form), with all answers fully supplied and all required attachments enclosed.

When an applicant has taken a previous Virginia bar examination, the applicant shall submit the Application For Re-Examination (a blue form), with all answers fully supplied and all attachments enclosed.

Current forms for application may be obtained from the Office of the Secretary; Mutual Building, 909 East Main Street, Richmond, VA 23219-3013, or from the Registrar's Offices of the approved law schools in Virginia and in the District of Columbia.

The application form and all attachments should be neatly typed or printed in dark blue or black ink, and the applicant should use his full legal name (first, middle or maiden, and last, Jr., etc.) in all places where such name is required.

Applications must be sworn to or affirmed before a notary public and must bear the notary's seal.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3925 of the Code of Virginia.
Historical Notes: Derived from VR168-01-02 § 2.4, eff. October 1, 1993.

Part III Attachments Required of All Applicants

18VAC35-10-90 Educational certificates

At the time an application is filed in the Office of the Secretary of the board, it must include the appropriate certification of the applicant legal education as described below. Such certificates must be original documents, personally signed, and where appropriate must be on school stationery and under school seal. Copies, transcripts, and rubber stamp signatures are not acceptable. The requirements are:

For graduates of approved law schools, a certificate from the president, dean, or other proper official stating what degree the applicant received and the date such degree was awarded;
For persons enrolled in law schools at the time of filing for examination, both: (i) a certificate dated within 90 days of the filing deadline, signed by the dean and a professor of the approved law school stating that the applicant is regularly enrolled and in good academic standing at said law school and is scheduled, in the regular course of study, to complete all requirements for a specified degree prior to the date of examination for which application is being made; and (ii) after all degree requirements have been completed the applicant must submit to the Office of the Secretary either a certificate of graduation or a certificate from the law school stating that the applicant has completed all degree requirements and the date such requirements were completed (which date must be prior to the date of the upcoming bar examination), and also stating the date on which the applicant will receive the degree from such law school. This certificate must be received before the date of the scheduled Virginia Bar examination;
For persons who have studied law under a supervising attorney in the approved law reader program, on forms provided by the Office of the Secretary of the board, either: (i) certification that the entire required period of study has been completed, or will be completed prior to the examination, under the supervision of an approved attorney; or (ii) certification that the required period of study was completed partly in an approved law school and partly in an approved attorney's office.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-02 § 3.1, eff. October 1, 1993.

18VAC35-10-100 Character and fitness investigation

Every applicant for a Virginia bar examination must have produced satisfactory evidence that he meets the requirements of these rules.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3925.1 of the Code of Virginia.
Historical Notes: Derived from VR168-01-02 § 3.2, eff. October 1, 1993.

18VAC35-10-110 Fingerprints

Each applicant must file with his Application for Examination one set clear and distinct fingerprints, making certain that all the personal history data (height, weight, age, etc.) is listed in the space provided on the fingerprint card, and that the card is signed both by the applicant and the person taking the fingerprints. These fingerprints must be taken by an authorized police official on the form prescribed by the Secretary of the board, a form used by authorized police officials, or the form for an "Applicant" by the U.S. Government Printing Office (Form 1-391).

History

Statutory Authority: § 54.1-3922 of the Code of Virginia.
Historical Notes: Derived from VR168-01-02 § 3.3, eff. October 1, 1993.

18VAC35-10-120 Photographs

Each applicant for examination must attach to the proper application form two identical unmounted, passport-style photographs of himself taken within the preceding twelve months. Snapshots will not be accepted.

History

Statutory Authority: § 54.1-3922 of the Code of Virginia.
Historical Notes: Derived from VR168-01-02 § 3.4, eff. October 1, 1993.

Part IV Attachments Required of Some Applicants

18VAC35-10-130 Certificates of good standing

Any applicant for a Virginia bar examination who has been admitted to the bar of another jurisdiction must attach to his application for examination a certificate of good standing from a judge or the clerk of the court of last resort of each such jurisdiction. Such certificate must be an original document and dated within one year of the filing deadline for such examination. If an applicant has ever applied for admission, by examination or otherwise, to any jurisdiction and was not admitted thereto, he must file with his application a statement listing each such jurisdiction and the date of application, and stating the reason the applicant was not admitted. No applicant who is, at the time of filing his application or subsequently, under disbarment or suspension in any jurisdiction, shall be eligible to take the Virginia bar examination.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3931 of the Code of Virginia.
Historical Notes: Derived from VR168-01-02 § 4.1, eff. October 1, 1993.

18VAC35-10-140 Applicants with foreign legal training

Any applicant who has received a portion of his legal training in a foreign law school should consult subsection B of 18VAC35-10-20 and enclose the required attachments with the application for examination.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3931 of the Code of Virginia.
Historical Notes: Derived from VR168-01-02 § 4.2, eff. October 1, 1993.

18VAC35-10-150 Certification of study for reexamination

An applicant for reexamination in Virginia shall execute and file with his other application materials, upon a form provided by the Office of the Secretary of the board, a certificate that he will have within the four months preceding the examination, studied diligently not less than 90 hours in preparation therefor.

History

Statutory Authority: § 54.1-3922 of the Code of Virginia.
Historical Notes: Derived from VR168-01-02 § 4.3, eff. October 1, 1993.

18VAC35-10-160 Supplementary sheets

Any questions on the application form which cannot be fully answered in the space provided may be answered on a supplementary sheet, so long as the appropriate space on the application notes the attachment of supplementary sheets, and each sheet is on standard 8½ inch paper, properly labeled, and signed by the applicant.

History

Statutory Authority: § 54.1-3922 of the Code of Virginia.
Historical Notes: Derived from VR168-01-02 § 4.4, eff. October 1, 1993.

18VAC35-10-170 Applicants with disabilities

It is the policy of the board that the Virginia bar examination be administered to all eligible applicants in a manner that does not discriminate against applicants with proven disabilities. An applicant who is otherwise eligible to take the Virginia bar examination may request a modification of the manner in which the examination is administered if, by reason of a temporary or permanent disability, such applicant is unable to take the examination under normal testing conditions. An applicant requesting non-standard testing conditions must file with the secretary, NOT LATER THAN THE FILING DEADLINE FOR THE APPLICATION FOR EXAMINATION, a Petition for Non-Standard Testing Conditions on the form available from the secretary as early as possible to permit an evaluation of the request. Insofar as practicable any accommodation requested shall be consistent with the security of the examination.

History

Statutory Authority: § 54.1-3922 of the Code of Virginia.
Historical Notes: Derived from VR168-01-02 § 4.5, eff. October 1, 1993.

Part V Reexaminations

18VAC35-10-180 Requirements for reexamination

Any applicant failing to pass an examination may, after such failure, be reexamined not exceeding four additional times, provided that no examination may be taken more than five times except upon conditions recited in § 54.1-3930 of the Code of Virginia. Upon seeking reexamination, the applicant shall:

File the Application for Reexamination, with all required attachments enclosed, in the place and by the deadlines described herein;
Pay the current application fee at the time of filing the application;
File a supplement to his character and fitness questionnaire, updating the information therein. The board may require a new character and fitness investigation if more that two years has elapsed since the applicant's graduation from law school or from the date of the completion of the original character and fitness investigation; and
Procure and file current certificates of good standing from the court of last resort of all jurisdictions to which the applicant has been admitted.

History

Statutory Authority: § 54.1-3922 of the Code of Virginia.
Historical Notes: Derived from VR168-01-02 § 5.1, eff. October 1, 1993.

Part VI Filing an Application But Not Taking the Examination

18VAC35-10-190 Procedure for taking examination

An applicant who properly files for an examination with the Office of the Secretary but fails to take the examination shall forfeit the application fee for that examination unless:

By written notice to the Office of the Secretary such applicant requests that the application for examination on file be carried forward to an examination within one year of the date of the examination for which the original application was made.

a. Such notice shall be received by the Office of the Secretary of the board within 30 days of the date of the examination which the applicant missed;

b. The applicant shall thereafter timely file with the Office of the Secretary of the board such documents as are necessary to update the application for the subsequent examination, including: (i) a statement of intention to sit for such examination; (ii) a supplement to the applicant's character and fitness questionnaire; (iii) a notarized statement regarding any criminal offenses of which the applicant may have been convicted since the filing of the original application, or a statement that there have been none; and (iv) current certificates of good standing from the court of last resort of any jurisdiction to which the applicant has been admitted; and

c. In case the application fee for the examination has been increased since the examination for which the applicant did not appear, he shall pay the amount of the difference.

No portion of the application fee shall be refundable.

History

Statutory Authority: § 54.1-3922 of the Code of Virginia.
Historical Notes: Derived from VR168-01-02 § 6.1, eff. October 1, 1993.

Part VII Additional Information

18VAC35-10-200 Applicant requirements

A. Any person who has been admitted to practice before the court of last resort of any state or territory of the United States or of the District of Columbia may file an application to be admitted to practice law in this Commonwealth without examination, if counsel licensed to practice in Virginia may be admitted to practice in such jurisdiction without examination. Inquiries concerning the filing of such may be directed to Clerk, The Supreme Court of Virginia, Supreme Court Building, 100 North 9th Street, Richmond, Virginia 23219.

B. Every applicant will be required to sign the following pledge before taking the examination:

"I hereby certify that I will neither receive nor give aid or assistance in any manner during this examination. If any violation of this pledge by others comes to my knowledge, I will report it promptly to the examiners."

Should any applicant violate this pledge, his paper will not be read on that examination, nor will he be admitted to any future examinations; but the board may thereafter remove by unanimous vote such prohibition upon a showing of changed circumstances which, in its opinion, clearly justify such action.

C. Applicants must write the answers to the essay portion of the examination with ink (dark blue or black) or with typewriter, and must write the answers to the multistate portion of the examination with pencil. They may bring nothing else into the examination rooms. The board will furnish each applicant with material in which the answers to the questions shall be written.

D. The manner of dress for the examination shall conform to the standard of suitable attire for a lawyer appearing in a court of record; i.e., a suit or jacket with tie for males, or a suitable dress or suit for females.

E. The Office of the Secretary is located in the Mutual Building, 909 East Main Street, Richmond, Virginia 23219-3013. Telephone: (804) 786-7490.

History

Statutory Authority: § 54.1-3922 of the Code of Virginia.
Historical Notes: Derived from VR168-01-02 § 7.1, eff. October 1, 1993.

Chapter 20 Law Reader Program Rule

Part I General

18VAC35-20-10 Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Board of Bar Examiners" or "board" means the Virginia Board of Bar Examiners, whose members are appointed by the Supreme Court of Virginia.

"Full-time practice of law" means at the discretion of the board, service as a law clerk for a trial or appellate judge or employment as an instructor or professor at an ABA approved law school.

"Program" means the law reader program authorized by § 54.1-3926 of the Code of Virginia and implemented in this chapter.

"Reader" means a person, whose application for enrollment in the law reader program has been accepted by the board.

"Six-year rule" means the maximum amount of time any reader shall be permitted to stay in the program without successfully completing the course of study, and is measured from the first day of the month in which the reader is authorized to begin the program. For good cause shown, the board may, in its discretion, extend the time a reader is permitted to stay in the program.

History

Statutory Authority: § 54.1-3922 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 1.1, eff. March 1, 1993.

18VAC35-20-20 Purpose of regulation

A. The law reader program authorized by subdivision 2 of § 54.1-3926 of the Code of Virginia and implemented in this chapter is administered by the Board of Bar Examiners, which is an agency of the Supreme Court of Virginia.

B. The law reader program is intended to provide an alternative legal education for people who, although otherwise qualified for admission to law school, are by reason of various circumstances unable to take or complete a law school course of study. The program is not intended for persons who are unable, by reason of academic, aptitude, or other deficiencies, to obtain admission to an approved law school. The program is designed to supply in combination a theoretical, scholastic and clinical experience.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 1.2, eff. March 1, 1993.

18VAC35-20-30 Special considerations

A. The law reader program is not an exact equivalent of law school. It cannot provide all the benefits traditionally associated with a law school environment and education.

B. These regulations are premised on concepts of good faith and integrity. The board cannot administer and supervise the readership on the daily basis expected in a traditional law school environment. The board expects the supervising attorney and the reader to adhere to the letter and the spirit of the program.

C. The board will not help an applicant for the law reader program find a supervising attorney and will not evaluate in advance the qualifications of a potential supervising attorney.

D. The reader may not be employed by and may not receive any remuneration or perquisites from the supervising attorney, any firm of which the supervising attorney may be a member or associate, or anyone with whom the supervising attorney may share office facilities. The supervising attorney is not precluded from charging reasonable monetary compensation in return for instructing the reader; but the law reader program is not to be used as a means for a supervising attorney to obtain inexpensive labor.

History

Statutory Authority: § 54.1-3922 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 1.3, eff. March 1, 1993.

Part II Board of Bar Examiners

18VAC35-20-40 Responsibilities

The board will make decisions regarding:

Acceptance or rejection of an application for enrollment in the program;
Acceptance or rejection of a lawyer to act as a supervising attorney;
A petition for advance standing;
A direction to the reader to change supervising attorneys;
Termination of a reader's enrollment in the program;
A petition for readmission;
Changes in course contents, course descriptions, or program completion requirements;
Any exceptions to the running of the six-year rule; and
Any other matter related to the program or referred to the board by the Supreme Court of Virginia.

History

Statutory Authority: § 54.1-3922 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 2.1, eff. March 1, 1993.

18VAC35-20-50 Filing

All petitions or requests shall be in writing and shall be directed to the board at the office of the Secretary of the Board of Bar Examiners. No application, petition, request, or other document is deemed filed until actually received, complete with all attachments, in the Office of the Secretary of the Board.

History

Statutory Authority: § 54.1-3922 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 2.2, eff. March 1, 1993.

Part III Application Procedures

18VAC35-20-60 Applicants

Every applicant for enrollment in the program shall:

Complete the appropriate forms and file them with the board on or before the filing deadlines, which shall be October 1 for applicants desiring to begin study on the following January 1, and April 1 for applicants desiring to begin study on July 1;
Submit a transcript, certified by the institution, which shows all undergraduate and graduate course work, and the grades received, the date a bachelor's degree was awarded, and the subject in which it was granted;
Provide such evidence as the board may require to prove that the applicant is a person of honest demeanor and good moral character and possesses the requisite fitness to practice law;
At the request of the board, provide the applicant's official scoring record on the Law School Admission Test (LSAT) taken within one year of the application for enrollment, showing a score acceptable for admission to an approved law school in Virginia;
Designate the month (either January or July) in which the applicant plans to begin the program if the application is approved;
Attach the required supervising attorney's statement;
Pay a nonrefundable fee of $500; and
Appear for an interview, provide any additional information or proof, or cooperate in any investigation, as may be directed by the board.

History

Statutory Authority: § 54.1-3922 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 3.1, eff. March 1, 1993.

18VAC35-20-70 Notification

The board will notify an applicant of acceptance or rejection of the application for enrollment. If accepted, then notification will specify the month the reader is authorized to begin the program. All programs shall begin on either the first day of January or the first day of July, as specified in the notice.

History

Statutory Authority: § 54.1-3922 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 3.2, eff. March 1, 1993.

Part IV Advanced Standing

18VAC35-20-80 Eligibility

An applicant may request credit toward completion of the program for subjects previously studied at the approved law school.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 4.1, eff. March 1, 1993.

18VAC35-20-90 Prescribed courses

All readers are required to pass the prescribed courses established in Part VI. This requirement may not be waived. Readers seeking advanced standing must establish to the satisfaction of the board that the courses for which they seek credit are equivalent to prescribed courses in Part VI.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 4.2, eff. March 1, 1993.

18VAC35-20-100 Special application procedures

An applicant may petition the board for advanced standing.

A. The petition shall explain, under these headings:

The law school subjects for which credit is sought;
Which of those law school subjects are claimed to satisfy prescribed course requirements;
Which of those law school subjects appear to be equivalent to the approved electives in 18VAC35-20-230 of this chapter; and
A description of those law school subjects which the reader proposes to use to satisfy the fourth-year curriculum in 18VAC35-20-230 of this chapter.

B. The applicant shall attach:

A law school transcript showing all course work and grades, and certified by the institution;
A law school bulletin or other information from the institution describing the subject matter taught in the courses for which credit is sought; and
Any additional information the applicant believes will be helpful or which the board has requested.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 4.3, eff. March 1, 1993.

18VAC35-20-110 Determination

A. In granting advanced standing, the board will specify:

Any prescribed courses the applicant has completed;
Any prescribed courses the applicant will be required to pass; and
Any law school courses the applicant will be allowed to use to satisfy the fourth-year curriculum.

B. In its discretion, the board may also require the applicant to take and pass certain subjects which appear necessary to prepare the applicant to practice law in this state regardless of whether or not those courses are prescribed courses or approved elective courses. The board may require the applicant to take remedial or other legal or nonlegal instruction.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 4.4, eff. March 1, 1993.

Part V Supervising Attorneys

18VAC35-20-120 Responsibility

A. The supervising attorney is responsible for supervising and guiding the reader's education and for setting an example of the highest ethical and professional conduct. The supervising attorney has an obligation not only to instruct the reader, but to ensure that only fully competent readers sit for the bar examination.

B. In addition to any other requirements, a potential supervising attorney shall appear for an interview, provide any additional information or proof, or cooperate in any investigation, as may be directed by the board.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 5.1, eff. March 1, 1993.

18VAC35-20-130 Qualifications

The potential supervising attorney must meet the qualifications established by the board. For the purposes of the rules and this chapter, the supervising attorney is required to remain an active member in good standing of the Virginia State Bar throughout the period of the supervision.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 5.2, eff. March 1, 1993.

18VAC35-20-140 Duties

In addition to the "personal supervision" required, the supervising attorney's responsibilities shall include:

Choosing textbooks, casebooks, and resource materials for each course;
Guiding and assisting the reader's study of each subject, using the course descriptions as a basic outline of course content and emphasizing pertinent state law. Throughout the curriculum the supervising attorney shall emphasize legal ethics and professional responsibility issues which arise during the course of study of all subjects;
Assisting the reader in planning the sequence and timing of each prescribed course and of the fourth-year curriculum;
Evaluating the reader's progress;
Developing, administering, and grading the examinations;
Submitting the graded examinations and the required quarterly certificates to the board in the manner and within the time prescribed in this chapter;
Submitting the course grade to the board within 15 working days of the end of the quarter in which the course was completed;
Appearing before the board or its designees during the oral evaluation or at such other times as the board may direct; and
Providing the reader with an adequate work station and with reasonable access to an adequate law library.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 5.3, eff. March 1, 1993.

18VAC35-20-150 Examinations

The supervising attorney is responsible for the content and administration of all examinations:

Although no substantive content is prescribed by the board, it is anticipated such an examination will test the reader's comprehension of the current subject matter, and the reader's understanding of the ethical, professional and practical aspects of practicing law;
The course descriptions in Part IX state the minimum level of knowledge the board expects a reader to obtain in each subject, and provide guidance to the supervising attorney in formulating examinations; and
The supervising attorney shall administer to the reader an examination covering the subject or subjects immediately following the completion of study of such subjects.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 5.4, eff. March 1, 1993.

Part VI Course of Study

18VAC35-20-160 Structure

A. The program is a four calendar year course of study. A reader completes the program by passing all the prescribed courses and six elective courses in that period of time.

B. Each calendar year consists of 48 weeks during which the reader is required to study six subjects. A reader may not take more course work in any calendar year than is prescribed by this chapter, without prior board approval.

C. The program is structured so the reader may elect to study only one subject at a time and pass it before beginning the next subject, or may elect to study two or more courses during the same period. The minimum number of hours to be devoted to each subject is prescribed by regulation.

D. All courses in the program are to be graded as pass or fail only. "Pass" means that the reader has exhibited reasonable comprehension of the theory and practice of any given subject to the satisfaction of the supervising attorney and the board.

E. The supervising attorney shall use textbooks, casebooks, and other written, legal materials, selected from those in use at any of the ABA approved law schools in Virginia, to guide the reader through the subject matter of each course. The supervising attorney may use other appropriate materials with the prior approval of the board.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 6.1, eff. March 1, 1993.

18VAC35-20-170 Jurisprudence

Every reader is required to take the jurisprudence course, which is a four-year reading program intended to familiarize the reader with legal history, philosophy, theory and biography.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 6.2, eff. March 1, 1993.

18VAC35-20-180 Professional responsibility and legal ethics

Although professional responsibility is designated as a specific course to be completed during a reader's third year of study, it is expected that the supervising attorney will identify, emphasize and examine the reader on the ethical issues which arise during the study of every prescribed course and elective.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 6.3, eff. March 1, 1993.

18VAC35-20-190 First year

To complete the first year of the program, the reader shall pass the following prescribed courses. The course entitled "Basic Legal Skills" shall be studied and passed first. Thereafter, the courses may be studied in any order.

| | Course | Hours | | --- | --- | --- | | | Basic Legal Skills | 200 | | | Civil Procedure I | 200 | | | Torts | 200 | | | Contracts | 200 | | | Criminal Law and Procedure | 200 | | | Property, Real and Personal | 200 | | | | 1,200 |

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 6.4, eff. March 1, 1993.

18VAC35-20-200 Second year

To complete the second year of the program, the reader shall pass the following prescribed courses, in any order:

| | Course | Hours | | --- | --- | --- | | | Conflict of Laws | 100 | | | Constitutional Law | 200 | | | Corporations and Limited Liability Companies | 200 | | | Evidence | 300 | | | Agency and Partnership | 100 | | | Uniform Commercial Code | 300 | | | | 1,200 |

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 6.5, eff. March 1, 1993.

18VAC35-20-210 Third year

To complete the third year of the program, the reader shall pass the following prescribed courses, in any order:

| | Course | Hours | | --- | --- | --- | | | Equity (Remedies) and Procedure | 200 | | | Professional Responsibility | 200 | | | Domestic Relations | 200 | | | Wills, Estates, Trusts Probate | 300 | | | Virginia Civil Procedure | 200 | | | Personal Federal Income Tax | 100 | | | | 1,200 |

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 6.6, eff. March 1, 1993.

18VAC35-20-220 Fourth year

The fourth year of the program is devoted to elective subjects. The reader, in consultation with the supervising attorney, shall develop a fourth year curriculum tailored to the reader's specific areas of interest. The reader shall then petition the board, at least six months prior to the commencement of the fourth year, for approval of the proposed fourth year course of study:

The petition shall be in writing and shall include a detailed course description for each subject intended to be studied, a suggested length of time for each subject, and an explanation of the reader's general goals for the fourth year;
The petition may omit course descriptions if the reader selects electives already designated on the "Recommended Electives" list; and
Under no circumstances will approval or recognition be given to courses directed to fulfillment of a continuing legal or other professional education requirement, or intended to provide preparation for a bar examination, or taught through correspondence or any equivalent. No credit shall be given at any time during the course of study for time spent studying bar review materials.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 6.7, eff. March 1, 1993.

18VAC35-20-230 Recommended approved electives

The following electives have already been approved, have a course description and have been allocated a required number of study hours. They are recommended because they will broaden the reader's legal background, perspective, and skills:

| | Course | Hours | | --- | --- | --- | | | Administrative Law and Legislation | 100 | | | Admiralty | 100 | | | Antitrust | 200 | | | Consumer Protection | 100 | | | Creditors' Rights and Bankruptcy | 200 | | | Environmental Law | 200 | | | Insurance | 200 | | | Intellectual Property | 100 | | | International Law | 200 | | | Labor Law | 200 | | | Land Use | 200 | | | Legal Accounting | 100 | | | Local Government Law | 100 | | | Modern Land Finance | 200 | | | Securities Regulation | 200 | | | Taxation of Estates and Gifts | 100 | | | Trial Practice | 100 |

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 6.8, eff. March 1, 1993.

Part VII Board Evaluations

18VAC35-20-240 Frequency

At least annually, the board through one or more of its members or designees, may conduct an oral evaluation at which the reader and the supervising attorney shall be present. The board may at any other time, in its discretion, conduct an oral evaluation at which the reader and the supervising attorney shall be present. The board may, in its discretion, require the supervising attorney and the law reader to submit a written report in addition to or in lieu of any oral examination.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 7.1, eff. March 1, 1993.

18VAC35-20-250 Determination of progress

The board will not normally test the reader's substantive knowledge, but will ascertain whether or not the reader appears to be progressing satisfactorily in the program.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 7.2, eff. March 1, 1993.

18VAC35-20-260 Materials

In making its evaluation, the board may consider:

The substantive contents of all examinations;
The supervising attorney's quarterly certificates;
Any written course work; and
Any other written or oral materials deemed to be pertinent by the board.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 7.3, eff. March 1, 1993.

18VAC35-20-270 Decision

At the conclusion of an evaluation, the board may:

Determine whether the reader appears to have successfully archived an understanding of the preceding year's work and is eligible and authorized to begin the next year of the program;
Determine the reader has satisfactorily completed the program and is qualified to sit for the bar examination, subject to any requirements for sitting for the bar examination as set forth in the Rules of the Virginia Board of Bar Examiners;
Direct the reader to repeat designated prescribed or elective courses, devote more time to each course, take remedial legal or nonlegal instruction, appear before the board at more frequent intervals for an examination which may be written or oral;
Require the reader to change supervising attorneys; or
Advise the reader that the reader's enrollment in the program is terminated.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 7.4, eff. March 1, 1993.

18VAC35-20-280 Other evaluations

Either the supervising attorney or the reader may petition the board for an evaluation or consultation at times other than those specified by the board.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 7.5, eff. March 1, 1993.

18VAC35-20-290 Notice

At the conclusion of any evaluation, the board will provide a brief, written summary of its decision to the reader and to the supervising attorney.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 7.6, eff. March 1, 1993.

Part VIII Withdrawal

18VAC35-20-300 Voluntary withdrawal by reader

A reader who wishes to withdraw from the program shall notify the board in writing. The supervising attorney shall give the board a written report summarizing the supervising attorney's evaluation of the reader's progress and standing in the program.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 8.1, eff. March 1, 1993.

18VAC35-20-310 Involuntary withdrawal by reader

A reader will be deemed to have withdrawn from the program and will be required to petition for readmission if:

Any examination or quarterly supervising attorney's certificate is not received by the board within the time specified by regulation; or
The reader is absent from the program for more than four weeks in a calendar year without the board's prior approval of a petition for a leave of absence.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 8.2, eff. March 1, 1993.

18VAC35-20-320 Voluntary withdrawal by supervising attorney

A supervising attorney who wishes to withdraw from that position shall notify the board and the reader in writing at least two months prior to the expected date of such withdrawal, unless the action is necessitated by illness in which event the time limit does not apply.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 8.3, eff. March 1, 1993.

18VAC35-20-330 Involuntary withdrawal by supervising attorney

The supervising attorney will be deemed to have withdrawn from the position (i) if a disciplinary sanction is imposed upon a supervising attorney, whether or not the sanction is appealed, or (ii) if the supervising attorney is convicted of a felony or any misdemeanor which involves lying, cheating, stealing or other dishonesty.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 8.4, eff. March 1, 1993.

18VAC35-20-340 Effect on the six-year rule

If the need to change supervising attorneys is not a result of the reader's actions, the board will suspend the running of the six-year rule during the reasonable time the reader uses his best efforts to find a replacement supervising attorney.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 8.5, eff. March 1, 1993.

Article 1 First Year

18VAC35-20-350 Basic legal skills

Article 1 First Year

Introduction to basic legal reference materials (including judicial, legislative and administrative primary and secondary sources) and their use; techniques of legal reasoning, analysis and synthesis; legal writing styles. Familiarization with the structure of the federal and state court systems, the concept of case law in a common law jurisdiction, fundamental principles of stare decisis and precedent, the legislative process, principles of statutory construction and interpretation. Reader should be assigned projects of increasing difficulty such as: case abstracts, analysis of a trial record to identify issues, short quizzes to demonstrate ability to locate primary and secondary sources, office memoranda or trial-oriented memoranda of authorities to demonstrate ability to find the law applicable to a factual situation and to differentiate unfavorable authority, and an appellate level brief.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 9.1, eff. March 1, 1993.

18VAC35-20-360 Civil procedure I

Fundamentals of pleading and procedure in civil litigation, as structured by the Federal Rules of Civil Procedure and the Rules of the Supreme Court of Virginia. Study shall include: jurisdiction over the person and subject matter, venue, time limits, commencement of actions, pleadings, parties, impleader, interpleader, motions, class actions and intervention, res judicata and collateral estoppel, discovery and other pretrial devices, joinder, summary judgment, judgments, post-trial motions. Reader should be required to draft complaints and other initial pleadings, answers and grounds of defense, motions, jury instructions, finding of fact and conclusions of law, judgment orders and decrees, interrogatories, and requests for admission.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 9.2, eff. March 1, 1993.

18VAC35-20-370 Contracts

Study of legal principles related to the formation, operation and termination of the legal relation called contract. General topics include: offer and acceptance, consideration, issues of interpretation, conditions, performance, breach, damages or other remedies, discharge, the parol-evidence rule, the statute of frauds, illegality, assignments, and beneficiaries.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 9.3, eff. March 1, 1993.

18VAC35-20-380 Criminal law and procedure

Study of substantive criminal law including concepts such as elements of criminal responsibility, principles of justification and excuse, parties, attempts, conspiracy, specific crimes, statutory interpretation, some introduction to sentencing philosophies and to juvenile offender law. Constitutional doctrines governing criminal procedure. Topics include: Fourth, Fifth, Sixth and Eighth Amendments, pertinent due process provisions of Fourteenth Amendment, search and seizure, confessions, identification procedures, right to counsel, arrest, jury trial, double jeopardy, and pertinent provisions of the state constitution. Part 3A of the Rules of the Supreme Court of Virginia are examined as they relate to the procedural aspects of the constitutional issues.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 9.4, eff. March 1, 1993.

18VAC35-20-390 Property, real and personal

Study of the ownership, use, and transfer of real and personal property in both historical and modern times. Topics include: estates and interests in land, future interests, concurrent ownership, easements, equitable servitudes, conveyances, real estate contracts, land trusts, nuisance, adverse possession, land use controls, landlord-tenant, the recording system, and title insurance.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 9.5, eff. March 1, 1993.

18VAC35-20-400 Torts

Study of the historical development, principles, concepts and purposes of the law relating to redress of private injuries. Topics include: conversion, trespass, nuisance, intentional tort, negligence, strict liability, products liability, concepts of duty, causation, and damage, limitations on liability such as proximate cause, contributory negligence, assumption of the risk, immunity, and comparative negligence.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 9.6, eff. March 1, 1993.

Article 2 Second Year

18VAC35-20-410 Agency and partnership

Article 2 Second Year

Legal principles of agency law including definition of the agency relationship, authority and power of agents, notice and knowledge, rights and duties between participants in the relationship, termination of agency relationship, master-servant relationship. Partnership law using the Uniform Partnership Act as a model code. Topics include: formation, partners' rights and duties between themselves, powers, unauthorized acts, notice and knowledge, incoming partner liability, indemnification, contribution, partner's two-fold ownership interest, co-ownership interests and liabilities, creditor's claims and remedies, dissolution events, winding up, distribution of asset rules. Study of the Uniform Limited Partnership Act and joint venture law.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 9.7, eff. March 1, 1993.

18VAC35-20-420 Conflict of laws

Study of that part of the law that determines by which state's law a legal problem will be solved. Topics include: choice-of-law problems in torts, contracts, property, domestic relations, administration of estates, and business associations.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 9.8, eff. March 1, 1993.

18VAC35-20-430 Constitutional law

Course first covers basic constitutional document, excluding the Bill of Rights. Topics include: taxing clause, commerce clause, contract clause, war power and treaty power. Allocation and distribution of power within the federal system, and between federal and state systems, including economic regulatory power and police power, limitations on powers of state and national governments, constitutional role of the courts. Second part of course examines the Bill of Rights. Topics include: free speech, prior restraint, obscenity, libel, fair trail and free press, loyalty oaths, compulsory disclosure laws, sedition and national security, picketing, symbolic conduct, protest, subversive advocacy, due process, equal protection development and analysis, fundamental rights and entitlements, religious clause, jury trial right in civil actions, constitutional protection and interpretation under state as contrasted to federal constitutional documents.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 9.9, eff. March 1, 1993.

18VAC35-20-440 Corporations and limited liability companies

Business corporations for profit using the Virginia Stock Corporation Act and the Virginia Limited Liability Company Act. Topics include: promotion, formation and organization; theories of corporations; corporate purposes and powers; disregard of corporate form; common law and statutory duties and liabilities of shareholders, directors, and officers; allocation of control, profit and risk; rights of shareholders; derivative suits and class action suits by shareholders; mergers and consolidations, sale of assets, and other fundamental changes in corporate structure; corporate dissolution; SEC proxy rules and Rule 10(b)(5).

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 9.10, eff. March 1, 1993.

18VAC35-20-450 Evidence

Rules of proof applicable to judicial trials. Topics include: admission and exclusion of evidence, relevancy, hearsay rule and its exceptions, authentication of writings, the best evidence rule, examination and competency of witnesses, privileges, opinion and expert testimony, demonstrative evidence, presumptions, burden of proof, judicial notice, and Federal Rules of Evidence.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 9.11, eff. March 1, 1993.

18VAC35-20-460 Uniform Commercial Code

Course covers Articles I, II, III, IV, VI, VII and X of the Uniform Commercial Code.

Course first examines problems in the sale of goods as governed by Article II (with a brief survey of its antecedents) including: warranty, risk of loss, acceptance and rejection, tender of delivery, revocation, and remedies for breach of contract. Some discussion of other laws relating to warranties, Article VI on bulk sales, and Article VII on documents of title and bills of lading.

Course next examines commercial paper, bank deposits and collections under UCC Articles III and IV including: formation and use of negotiable instruments with an emphasis on checks, rights and liability of parties to negotiate instruments, defenses to liability, study of bank collection process and a bank's relationship with its customers.

Course finally examines secured transactions under UCC Article IX including: types of security interests, perfection of such interests, priority of claims, rights to proceeds of collateral, multi-state transactions, rights of parties after debtor's default.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 9.12, eff. March 1, 1993.

Article 3 Third Year

18VAC35-20-470 Equity (remedies) and equity procedure

Article 3 Third Year

Historical development and use of judicial remedies that provide relief for past or potential injuries to interests in real or personal property. Topics include: history of equity, power of equity courts, restitution, specific performance, injunctions, equitable defenses, compensatory and punitive damages, unjust enrichment, constructive trusts, equitable liens, tracing and subrogation.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 9.13, eff. March 1, 1993.

18VAC35-20-480 Professional responsibility

Study of legal ethics and a lawyer's role in society, including lawyer-client relations, lawyer-public relations, and a lawyer's responsibility to the courts and the profession. Topics also include: organization of an integrated bar, Supreme Court's supervisory powers, professional service corporations, pre-paid legal services arrangements, malpractice, Rules for Admission to the Bar, the Virginia Code of Professional Responsibility, Unauthorized Practice Rules, the Legal Ethics Opinions, and the Virginia State Bar Disciplinary Board Rules of Procedure.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 9.14, eff. March 1, 1993.

18VAC35-20-490 Domestic relations

Study of the substantive and procedural law affecting the formation, disintegration and dissolution of family relations, including those of husband and wife, parent and child, and nonmarital. Topics include: jurisdiction, procedure, costs, maintenance, child support, property division, equitable distribution, custody, modification and enforcement of orders, some discussion of conflict of laws, taxation, and URESA.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 9.15, eff. March 1, 1993.

18VAC35-20-500 Wills, estates, trusts, probate

Study of the voluntary transfer of assets during lifetime and at death. Topics include: disposition by will, creation of and disposition by a trust, effectiveness of the disposition in the creation of present and future interests in property, intestate succession, construction problems, powers of appointment, restrictions on perpetuities and accumulations, alternative methods of wealth transmission, some instruction to the basic tax framework important in formulating plans of disposition, and fiduciary administration and management of decedent's estates and trusts.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 9.16, eff. March 1, 1993.

18VAC35-20-510 Basic federal income tax

Examination of federal income tax law as it applies to individuals, including their roles as partners and shareholders. Topics include: concepts of income, gross income, net income; when income should be taxed, to whom it should be taxed and its character as unearned, earned or capital gain income. Deductions are also examined in detail. Basic partnership and corporate tax law is examined.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 9.17, eff. March 1, 1993.

18VAC35-20-520 Virginia civil procedure

It is expected that Virginia civil procedure will be taught throughout the four years of the program. This course is designed to review the important provisions of Title 8.01 of the Code of Virginia and the Rules of the Supreme Court of Virginia as they apply to actions at law and suits in equity and appeals.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 9.18, eff. March 1, 1993.

Article 4 Fourth Year; Recommended Electives

18VAC35-20-530 Administrative law and legislation

Article 4 Fourth Year; Recommended Electives

Study of the administrative process and its role in the legal system. Subjects include: powers and procedures of administrative agencies, relationship of administrative agencies to executive, judicial and legislative departments of government, appeals from administrative decisions.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 9.19, eff. March 1, 1993.

18VAC35-20-540 Admiralty

Law of maritime commerce, ships, seamen, and cargo. Introduction to the special federal system of admiralty practice and an examination of the laws governing maritime transportation, ocean pollution, and industrial accidents to crew members and harbor workers.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 9.20, eff. March 1, 1993.

18VAC35-20-550 Antitrust

An examination of the antitrust laws including the Sherman Act, Clayton Act, Robinson-Patman Act, Federal Trade Commission Act, and topics such as monopolies, restraint of trade, mergers, price fixing, boycotts, market allocation, tying arrangements, exclusive dealing and state antitrust law.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 9.21, eff. March 1, 1993.

18VAC35-20-560 Consumer protection

Selected laws for protection of consumers, including federal, state and local laws that prohibit deceptive advertising; mandate disclosure of information; regulate credit practices; license occupations; establish quality standards for products and services; and condemn "unfair" practices. Emphasis on the theoretical justifications for governmental intervention in the marketplace. Attention to problems of consumer justice administration, including informal dispute resolution procedures and representation of consumer interests in administrative and legislative proceedings.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 9.22, eff. March 1, 1993.

18VAC35-20-570 Creditors' rights and bankruptcy

Rights and remedies of creditors and debtors under the Federal Bankruptcy Code, particularly in straight bankruptcy cases and under state laws relating to judgments, judgment liens, execution, attachments, garnishments, fraudulent conveyances, compositions, assignments for the benefit of creditors, and debtor's exemptions.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 9.23, eff. March 1, 1993.

18VAC35-20-580 Environmental law

Survey of citizen, legislative, administrative and judicial action in response to the reality and the threat of man-induced alteration to the natural environment; focuses on National Environmental Policy Act; federal air and water pollution control legislation; state air and water pollution control statutes and wetlands management.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 9.24, eff. March 1, 1993.

18VAC35-20-590 Insurance

Legal principles governing formal mechanisms for the distribution of risk of loss. Emphasis is on property, casualty, life insurance. Topics include: marketing of insurance, state regulation of insurance, indemnity principle, insurable interest, amount of recovery and subrogation, persons and interests protected, brokers, and identification of risks transferred by insurance.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 9.25, eff. March 1, 1993.

18VAC35-20-600 Intellectual property

The law governing the protection and exploitation of property and other rights in ideas, as they may be protected by patents, copyrights, trademarks and common law.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 9.26, eff. March 1, 1993.

18VAC35-20-610 International law

Legal process by which interests are adjusted and authoritative decisions made on the international level. Topics include: nature and source of international law, law of treaties, jurisdiction, some discussion of international legal organizations, state responsibility and international claims for wrongs to citizens abroad, and application of international law in United States courts.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 9.27, eff. March 1, 1993.

18VAC35-20-620 Labor and employment law

Study of the organizational rights of employees and unions and the governance of the use of economic force by employers and unions. Other topics include the duty to bargain collectively, the manner in which collective bargaining is conducted, subjects to which it extends, administration and enforcement of collective bargaining agreements, relations between a union and its members, and a review of the laws regarding discrimination based on age, race, sex and disabilities.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 9.28, eff. March 1, 1993.

18VAC35-20-630 Land use

Study of legal principles and constitutional limitations affecting systems for public regulation of the use of private land. Topics include: planning, zoning, variances, special use permits, subdivision controls, environmental legislation, nuisance, eminent domain, powers of public agencies, "taking" without just compensation, due process, administrative procedures and judicial review, exclusionary zoning and growth control.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 9.29, eff. March 1, 1993.

18VAC35-20-640 Legal accounting

An essential course for readers with no accounting background and recommended for all. Topics include: bookkeeping, use of journals and ledgers, analysis of financial statements, professional responsibility of a lawyer to a corporate client and relationship to accountants involved in a client's financial affairs. Includes analysis of income statements, balance sheets, cash flow and related financial reports, including the preparation of notes to financial statements. Course also addresses lawyer's accounting and recordkeeping obligations to his client under the Virginia Code of Professional Responsibility.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 9.30, eff. March 1, 1993.

18VAC35-20-650 Local government law

Legal implications of the formation and conduct of the various units of local government, including an overview of the subjects of annexation, incorporation, municipal powers, governmental immunity, Section 1983, zoning, and taxation and finance.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 9.31, eff. March 1, 1993.

18VAC35-20-660 Modern land finance

Methods by which an obligation may be secured by real property of the obligor or of a third person. Covers the common-law principles and statutes that regulate the creation, operation, and extinguishment of the legal relations known as the real property mortgage and deed of trust, considered in the context of financing the purchase or development of land. Includes a review of commercial leases and land leases. Some attention may be given to principles governing operation of the lending industry.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 9.32, eff. March 1, 1993.

18VAC35-20-670 Securities regulation

Study of legal control over the issuance and distribution of corporate securities. Topics include: registration and distribution of securities under the Federal Securities Act of 1933, including the definition of a security; basic structure, applicability, and prohibitions of the Act; underwriting; preparation, processing and use of registration statement and prospectuses; exemptions from registration under the Act, including Regulation A, private offerings, and business reorganizations and recapitalizations; secondary distributions; brokers' transactions; and civil liability for violation of the Act. Registration, distribution and regulation of securities under state "blue sky" laws. Regulations of franchise arrangements under the Federal Securities Act of 1933 and Virginia's Retail Franchising Act. Regulation of national securities exchanges and broker-dealers; registration and listing of securities on national securities exchanges; periodic reporting and public disclosure of information requirements for companies whose securities are traded on national securities exchanges; and civil liability for violation of the Act. Regulation of mutual funds and other types of investment companies under the Federal Investment Company Act of 1940.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 9.33, eff. March 1, 1993.

18VAC35-20-680 Taxation of estates and gifts

Taxes imposed on testamentary and lifetime transfers, including introduction of the concepts of the gross estate, the marital deduction, joint ownership and the problems thereof, grantor trusts and valuation problems.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 9.34, eff. March 1, 1993.

18VAC35-20-690 Trial practice

Preparation for and conduct of civil and criminal cases in state and federal courts, including pretrial preparation, discovery, trial motions and post-trial motions and procedures.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 9.35, eff. March 1, 1993.

18VAC35-20-700 Jurisprudence

A four-year course of reading consisting of three books each year, to be selected from a list developed by the board from time to time. Upon completion of each book, the reader shall prepare and submit to the board a short book report.

History

Statutory Authority: §§ 54.1-3922 and 54.1-3926 of the Code of Virginia.
Historical Notes: Derived from VR168-01-04 § 9.36, eff. March 1, 1993.

Agency 41 Board For Barbers And Cosmetology

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

18VAC41-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Board for Barbers and Cosmetology. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008; Errata, 25:9 VA.R. 1826 January 5, 2009.

18VAC41-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Board for Barbers and Cosmetology, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008; Errata, 25:9 VA.R. 1826 January 5, 2009.

Part II Notification of Interested Persons

18VAC41-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC41-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 18VAC41-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Part III Public Participation Procedures

18VAC41-11-50 Public comment

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008; amended, Virginia Register Volume 33, Issue 7, eff. January 12, 2017.

18VAC41-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC41-11-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC41-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC41-11-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC41-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC41-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Chapter 20 Barbering and Cosmetology Regulations

Part I General

18VAC41-20-10 Definitions

A. The following words and terms when used in this chapter have the meanings ascribed to them in § 54.1-700 of the Code of Virginia:

"Barber"

"Barbering"

"Barber instructor"

"Barbershop"

"Board"

"Cosmetologist"

"Cosmetology"

"Cosmetology instructor"

"Cosmetology salon"

"Master barber"

"Nail care"

"Nail salon"

"Nail school"

"Nail technician"

"Nail technician instructor"

"Physical (wax) depilatory"

"School of cosmetology"

"Wax technician"

"Waxing"

"Waxing salon"

"Waxing school"

B. The following words and terms when used in this chapter have the following meanings unless the context clearly indicates otherwise:

"Apprenticeship program" means an approved cosmetology, barber, nail technician, or wax technician training program conducted by an approved registered apprenticeship sponsor.

"Barber school" means a place or establishment licensed by the board to accept and train students and that offers a barber, master barber, or dual barber/master barber curriculum approved by the board.

"Business entity" means a sole proprietorship, partnership, corporation, limited liability company, limited liability partnership, or any other form of organization permitted by law.

"Clock hour" means a minimum of 50 minutes of supervised or directed instruction and appropriate breaks.

"Credit hour" means a combination of the number of hours in class each week and the number of hours per week in a laboratory by which a school may measure coursework. One unit of credit equals one hour of classroom or online study, two hours of laboratory experience, or three hours of internship or practicum or a combination of the three times the number of weeks in the term.

"Direct supervision" means that (i) a Virginia licensed barber, cosmetologist, nail technician, or wax technician is present in the barbershop, cosmetology salon, nail salon, or waxing salon at all times when services are being performed by a temporary license holder or registered apprentice or (ii) a Virginia licensed and certified barber, cosmetologist, nail technician, or wax technician instructor or a student instructor temporary license holder is present in the barber, cosmetology, nail technician, or wax technician school at all times when services are being performed by a student, student instructor, or temporary license holder.

"Each and every location" means, for the purposes of schools with multiple suites or classrooms, a single location is one that is enclosed under one roof and all classrooms or suites are within 500 feet of the main office.

"Firm" means any business entity recognized under the laws of the Commonwealth of Virginia.

"Licensee" means any individual or firm holding a license issued by the board.

"Post-secondary educational level" means an accredited college or university that is approved or accredited by an accrediting agency that is recognized by the U.S. Secretary of Education.

"Reasonable hours" means the hours between 9 a.m. and 5 p.m.; however, if the licensee is generally not substantially open to the public during the same hours, "reasonable hours" means the business hours when the licensee is open to the public.

"Reinstatement" means having a license or certificate restored to effectiveness after the expiration date has passed.

"Renewal" means continuing the effectiveness of a license or certificate for another period of time.

"Responsible management" means the following individuals:

The sole proprietor of a sole proprietorship;
The partners of a general partnership;
The managing partners of a limited partnership;
The officers of a corporation;
The managers of a limited liability company;
The officers or directors of an association; and
Individuals in other business entities recognized under the laws of the Commonwealth as having a fiduciary responsibility to the firm.

"Sole proprietor" means any individual, not a corporation, who is trading under that individual's own name or under an assumed or fictitious name pursuant to the provisions of §§ 59.1-69 through 59.1-76 of the Code of Virginia.

"Substantially equivalent exam" means an examination administered by the licensing entity that covers Virginia's scope of practice for that profession.

"Substantially equivalent training" means at least 80% of the required hours in Virginia and curriculum content covering Virginia's scope of practice for that profession.

"Virginia state institution" means any institution approved by the Virginia Department of Education or the Virginia Department of Corrections.

"Wet disinfection unit" is a container large enough to hold an Environmental Protection Agency (EPA) registered disinfectant that is a bactericidal, virucidal, and fungicidal solution in which the objects to be disinfected are completely immersed.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 33, Issue 9, eff. February 1, 2017; Volume 35, Issue 12, eff. April 1, 2019; Volume 37, Issue 26, eff. October 1, 2021; Volume 42, Issue 5, eff. December 1, 2025.

18VAC41-20-15 Gratuitous services

As provided in subdivision 5 of § 54.1-701 of the Code of Virginia, any individual who engages in barbering, master barbering, cosmetology, nail care, or waxing without receiving compensation, reward, or obligation is considered to be performing gratuitous services and is exempt from the provisions of this chapter. Gratuitous services do not include services provided at no charge when goods are purchased.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 5, eff. December 1, 2025.

Part II Entry

18VAC41-20-20 General requirements for a barber, master barber, cosmetologist, nail technician, or wax technician license

A. Any individual wishing to engage in barbering, cosmetology, nail care, or waxing must obtain a license in compliance with § 54.1-703 of the Code of Virginia and must meet the following qualifications:

The applicant must be in good standing as a licensed barber, master barber, cosmetologist, nail technician, or wax technician in Virginia and all other jurisdictions where licensed, certified, or registered. The applicant must provide a copy of any disciplinary action taken in Virginia and all other jurisdictions to the board at the time of application for licensure. This includes monetary penalties, fines, probation, suspensions, revocations, surrender of a license in connection with a disciplinary action, or voluntary termination of a license.

Upon review of the applicant's prior disciplinary action, the board, in its discretion, may deny licensure to any applicant who the board deems unfit or unsuited to engage in barbering, cosmetology, nail care, or waxing.

The applicant must disclose the applicant's physical address. A post office box may be provided as a secondary address.
The applicant must sign, as part of the application, a statement certifying that the applicant has read and understands the Virginia barber and cosmetology license laws and this chapter.
In accordance with § 54.1-204 of the Code of Virginia, each applicant must disclose all felony convictions in Virginia and all other jurisdictions within 10 years of the date of application.

The board, in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

The applicant must provide evidence satisfactory to the board that the applicant has passed the board-approved examination, administered either by the board or by independent examiners.

B. Eligibility to sit for board-approved examination.

Training in the Commonwealth of Virginia. Any person completing one of the following programs is eligible for examination:

a. An approved barber, master barber, cosmetology, nail technician, or wax technician training program in a Virginia licensed barber, cosmetology, nail technician, or wax technician school.

b. A Virginia public school's barber, master barber, cosmetology, nail technician, or wax technician program approved by the Virginia Department of Education.

c. A registered apprenticeship.

d. Training as a barber, master barber, cosmetologist, nail technician, or wax technician in any Virginia state institution.

Training outside of the Commonwealth of Virginia.

a. Any person completing a barber, master barber, cosmetology, nail care, or waxing training or apprenticeship program that is substantially equivalent to the Virginia program but is outside of the Commonwealth of Virginia must submit to the board documentation of the substantially equivalent training to be eligible for examination. Applicants who have earned a degree from an institution outside the United States must have their degree translated, authenticated, and evaluated by an education evaluation service if credit is sought for the education. The board in its discretion may decline to accept any evaluation submitted by an applicant.

b. Applicants who completed a training or apprenticeship program that is not substantially equivalent to Virginia's training must submit documentation acceptable to the board verifying three years of work experience. Applicants should provide their work history demonstrating three years of experience as a licensed barber, master barber, cosmetologist, nail technician, or wax technician in any other state or jurisdiction of the United States on a form provided by the board.

Any barber, master barber, cosmetologist, nail technician, or wax technician applicant having a minimum of two years of experience in barbering, master barbering, cosmetology, nail care, or waxing in the United States Armed Forces and having provided documentation satisfactory to the board of that experience is eligible for the respective examination.
A Virginia licensed cosmetologist with a minimum of two years of work experience is eligible for the master barber examination; likewise, a Virginia licensed master barber with a minimum of two years of work experience is eligible for the cosmetology examination.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 33, Issue 9, eff. February 1, 2017; Volume 35, Issue 12, eff. April 1, 2019; Volume 37, Issue 26, eff. October 1, 2021; Volume 38, Issue 4, eff. December 1, 2021; Errata, 38:6 VA.R. 752 November 8, 2021; amended, Virginia Register Volume 42, Issue 5, eff. December 1, 2025.

18VAC41-20-30 License by endorsement

A. Upon proper application to the board, any person currently licensed to practice as a barber, master barber, cosmetologist, nail technician, or wax technician or who is a licensed instructor in the respective profession in any other state or jurisdiction of the United States and who has completed a training or apprenticeship program and a written and a practical examination that is substantially equivalent to the training and examinations required by this chapter may be issued a barber, master barber, cosmetologist, nail technician, or wax technician license or the respective instructor certificate without an examination. The applicant must also meet the requirements set forth in 18VAC41-20-20 A.

B. An applicant for licensure by endorsement who has completed an equivalent training or apprenticeship program and whose state only utilizes one licensing examination (written or practical) that is substantially equivalent to the examination required by this chapter may take the other examination (written or practical) in Virginia to qualify for licensure.

C. Applicants for licensure by endorsement who completed a training or apprenticeship program that is not substantially equivalent to Virginia's training but who otherwise meet all the requirements listed in subsection A of this section may substitute three years of work experience for training. Applicants must provide a work history demonstrating three years of licensed experience in any other state or jurisdiction of the United States on a form provided by the board.

D. An applicant licensed as a barber or master barber in another state with a similar scope of practice as a master barber in Virginia may be licensed as a master barber by endorsement.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 33, Issue 9, eff. February 1, 2017; Volume 35, Issue 12, eff. April 1, 2019; Volume 37, Issue 26, eff. October 1, 2021; Volume 42, Issue 5, eff. December 1, 2025.

18VAC41-20-40 Apprenticeship training

A. Licensed barbers, master barbers, cosmetologists, and nail technicians who train apprentices must comply with the standards for registered apprenticeship.

B. Licensed barbershops, cosmetology salons, and nail salons where apprentices train must comply with the standards for registered apprenticeship training.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 35, Issue 12, eff. April 1, 2019; Volume 42, Issue 5, eff. December 1, 2025.

18VAC41-20-50 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 33, Issue 9, eff. February 1, 2017; Volume 35, Issue 12, eff. April 1, 2019; Volume 38, Issue 11, eff. March 7, 2022; repealed, Virginia Register Volume 42, Issue 5, eff. December 1, 2025.

18VAC41-20-60 Examination requirements and fees

A. Applicants for initial licensure must pass a practical examination and written examination approved by the board.

B. Any applicant who passes either the practical or written examination will not be required to take that examination again, provided both examinations are passed within one year of the initial examination date.

C. The fee for examination or reexamination is subject to contracted charges to the board by an outside vendor. These contracts are competitively negotiated and bargained for in compliance with the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia). Fees may be adjusted and charged to the candidate in accordance with these contracts. The fee will not exceed $225 per candidate.

D. Any candidate failing to apply for initial licensure within five years of passing both the practical and written examinations will be required to retake both examinations.

E. Any applicant who does not pass a reexamination within one year of the initial examination date will be required to submit a new application.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 33, Issue 9, eff. February 1, 2017; Volume 42, Issue 5, eff. December 1, 2025.

18VAC41-20-70 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; repealed, Virginia Register Volume 42, Issue 5, eff. December 1, 2025.

18VAC41-20-80 Examination administration

A. The examinations must be administered by the board or the designated testing service. The practical examination must be supervised by a chief examiner.

B. Every barber, master barber, cosmetologist, nail technician, or wax technician examiner must hold a current Virginia license in the respective profession, have three or more years of active experience as a licensed professional, and be currently practicing in that profession.

C. No certified barber, master barber, cosmetology, nail technician, or wax technician instructor who is (i) currently teaching, (ii) a school owner, or (iii) an apprentice sponsor may be an examiner.

D. Each barber, master barber, cosmetology, nail technician, and wax technician chief examiner must (i) hold a current Virginia license in the respective profession, (ii) have three or more years of active experience in that profession, (iii) have one year of active experience as an examiner, and (iv) be currently practicing in the respective profession. A licensed cosmetologist may serve as an examiner for any license type that is included in the cosmetology profession.

E. The applicant must follow all procedures established by the board with regard to conduct at an examination. Such procedures include written instructions communicated prior to the examination date and instructions communicated at the site, either written or oral, on the date of the examination. Failure to comply with all procedures established by the board and the testing service with regard to conduct at the examination may be grounds for denial of application.

F. Examiners and chief examiners must attend training workshops sponsored by the board or by a testing service acting on behalf of the board.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 33, Issue 9, eff. February 1, 2017; Volume 35, Issue 12, eff. April 1, 2019; Volume 42, Issue 5, eff. December 1, 2025.

18VAC41-20-90 Barber, master barber, cosmetology, nail technician, and wax technician temporary licenses

A. A temporary license to work under the direct supervision of a currently licensed individual may be issued only to applicants for initial licensure who the board finds eligible for the applicable examination. There is no fee for a temporary license. Except as provided in this section, an applicant holding a temporary license must be supervised by an individual holding a license in the same scope of practice.

Licensed cosmetologists may also supervise nail and waxing temporary license holders. Licensed estheticians and master estheticians may also supervise waxing temporary license holders. Licensed master barbers may also supervise barber temporary license holders.

B. The temporary license will remain in force for 90 days, and no subsequent temporary license will be issued.

C. Any person continuing to practice barbering, master barbering, cosmetology, nail care, or waxing services after a temporary license has expired may be prosecuted and fined by the Commonwealth under §§ 54.1-111 A 1 and 54.1-202 of the Code of Virginia.

D. Temporary licenses will not be issued where grounds may exist to deny a license pursuant to § 54.1-204 of the Code of Virginia or 18VAC41-20-20.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 33, Issue 9, eff. February 1, 2017; Volume 35, Issue 12, eff. April 1, 2019; Volume 40, Issue 23, eff. August 15, 2024.

18VAC41-20-100 General requirements for an instructor certificate

A. Any individual wishing to engage in instruction in barbering, master barbering, cosmetology, nail care, or waxing must meet the following qualifications:

The applicant must be in good standing as a licensed barber, master barber, cosmetologist, nail technician, or wax technician and instructor, respectively, in every jurisdiction where licensed, certified, or registered. The applicant must provide a copy to the board of any disciplinary action taken in Virginia and all other jurisdictions at the time of application for certification since being previously licensed as a barber, master barber, cosmetologist, nail technician, or wax technician. This includes monetary penalties, fines, probation, suspensions, revocations, surrender of a license or certification in connection with a disciplinary action, or voluntary termination of a license or certification.

Upon review of the applicant's prior disciplinary action, the board, in its discretion, may deny certification to any applicant that the board deems unfit or unsuited to engage in the instruction of barbering, cosmetology, nail care, or waxing;

The applicant must hold and maintain a current Virginia barber, master barber, cosmetology, nail technician, or wax technician license, respectively;
The applicant must complete one of the following qualifications:

a. Pass a course in teaching techniques at the post-secondary educational level; or

b. Pass an instructor examination administered by the board or by a testing service acting on behalf of the board; and

In accordance with § 54.1-204 of the Code of Virginia, each applicant must disclose all felony convictions in Virginia and all other jurisdictions since being previously licensed as a barber, master barber, cosmetologist, wax technician, or nail technician within 10 years of the date of application.

The board, in its discretion, may deny certification to any applicant in accordance with § 54.1-204 of the Code of Virginia.

B. Certified instructors may teach in any profession in which they hold the underlying license.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 33, Issue 9, eff. February 1, 2017; Volume 35, Issue 12, eff. April 1, 2019; Volume 38, Issue 4, eff. December 1, 2021; Volume 42, Issue 5, eff. December 1, 2025.

18VAC41-20-110 Student instructor temporary license

A. A licensed barber, master barber, cosmetologist, nail technician, or wax technician may be granted a 12-month student instructor temporary license to function under the direct supervision of a certified instructor in a licensed school. No subsequent student instructor temporary license will be issued. Student instructors must pass an instructor examination administered by the board or by a testing service acting on behalf of the board.

B. Student instructors may teach in any profession in which they hold the underlying license. Failure to maintain a barber, master barber, cosmetology, nail technician, or wax technician license will disqualify an individual from holding a student instructor temporary license.

C. Licensed cosmetologists may also supervise nail and waxing student instructor temporary license holders. Licensed estheticians and master estheticians may also supervise waxing student instructor temporary license holders. Licensed master barbers may also supervise barber student instructor temporary license holders.

D. The student instructor temporary license holder must be associated with both a school and a direct supervisor.

E. Temporary licenses may not be issued where grounds may exist to deny a license pursuant to § 54.1-204 of the Code of Virginia or 18VAC41-20-100.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 33, Issue 9, eff. February 1, 2017; Volume 35, Issue 12, eff. April 1, 2019; Volume 42, Issue 5, eff. December 1, 2025.

18VAC41-20-120 General requirements for a shop or salon license

A. Any firm wishing to operate a barbershop, cosmetology salon, nail salon, or waxing salon, including any mobile shop or salon, must obtain a shop or salon license in compliance with § 54.1-704.1 of the Code of Virginia and must meet the following qualifications in order to receive a license:

The applicant and all members of the responsible management must be in good standing as a licensed shop or salon in Virginia and all other jurisdictions where licensed, certified, or registered. The applicant and all members of the responsible management must provide a copy of any disciplinary action taken in Virginia and all other jurisdictions to the board at the time of application for licensure. This includes monetary penalties, fines, probation, suspensions, revocations, surrender of a license in connection with a disciplinary action, or voluntary termination of a license.

Upon review of the applicant's and all members of the responsible management's prior disciplinary action, the board, in its discretion, may deny licensure to any applicant that the board deems unfit or unsuited to engage in the operation of a barbershop, cosmetology salon, nail salon, or waxing salon.

The applicant must disclose the applicant's physical address. A post office box may be provided as secondary address. Mobile shops and salons must provide a physical address where the shop or salon is permanently garaged.
The applicant must sign, as part of the application, a statement certifying that the applicant has read and understands the Virginia barber and cosmetology license laws and this chapter.
In accordance with § 54.1-204 of the Code of Virginia, each applicant must disclose all felony convictions in Virginia and all other jurisdictions for the firm and all members of the firm's responsible management within 10 years of the date of application.

The board, in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

The applicant must disclose the firm's responsible management.

B. Shop or salon licenses are issued to firms as defined in this chapter and are not transferable. Any changes in the name or address of the shop or salon must be reported to the board in writing within 30 days of such changes. The board will not be responsible for the licensee's failure to receive notices, communications, and correspondence caused by the licensee's failure to promptly notify the board in writing of any change of name or address or for any other reason beyond the control of the board.

C. Whenever the legal business entity holding the license is dissolved or altered to form a new business entity, the original license becomes void. The firm must notify the board, apply for a new license within 30 days of the change in the business entity, and destroy the license. Such changes include:

Death of a sole proprietor;
Death or withdrawal of a general partner in a general partnership or the managing partner in a limited partnership; and
Conversion, formation, or dissolution of a corporation, a limited liability company, an association, or any other business entity recognized under the laws of the Commonwealth of Virginia.

D. Any change in the officers of a corporation, managers of a limited liability company, or officers or directors of an association must be reported to the board in writing within 30 days of the change.

E. The board or any of its agents must be allowed to inspect during reasonable hours any licensed shop or salon for compliance with provisions of Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia or this chapter.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 33, Issue 9, eff. February 1, 2017; Volume 38, Issue 4, eff. December 1, 2021; Volume 42, Issue 5, eff. December 1, 2025.

18VAC41-20-130 General requirements for a school license

A. Any firm wishing to operate a barber, cosmetology, nail technician, or wax technician school must submit an application to the board at least 60 days prior to the date for which approval is sought, obtain a school license in compliance with § 54.1-704.2 of the Code of Virginia, and meet the following qualifications in order to receive a license:

The applicant and all members of the responsible management must be in good standing as a licensed school in Virginia and any other jurisdiction where licensed, certified, or registered. The applicant and all members of the responsible management must provide a copy of any disciplinary action taken in Virginia and all other jurisdictions to the board at the time of application for licensure. This includes monetary penalties, fines, probation, suspensions, revocations, surrender of a license in connection with a disciplinary action, or voluntary termination of a license.

The applicant must disclose the applicant's physical address. A post office box may be provided as secondary address.
The applicant must sign, as part of the application, a statement certifying that the applicant has read and understands the Virginia barber and cosmetology license laws and this chapter.
In accordance with § 54.1-204 of the Code of Virginia, each applicant must disclose all felony convictions in Virginia and all other jurisdictions for the firm and all members of the firm's responsible management within 10 years of the date of application.

The board, in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

The applicant must disclose the firm's responsible management.

B. Barber, cosmetology, nail technician, and wax technician school licenses are issued to firms as defined in this chapter and are not transferable. Any changes in the name and address of record or principal place of business of the school must be reported to the board in writing within 30 days of such change. The board will not be responsible for the licensee's failure to receive notices, communications, and correspondence caused by the licensee's failure to promptly notify the board in writing of any change of name or address or for any other reason beyond the control of the board. The name of the school must indicate that it is an educational institution. All signs or other advertisements must reflect the name as indicated on the license issued by the board and contain language indicating it is an educational institution.

C. Whenever the legal business entity holding the license is dissolved or altered to form a new business entity, the original license becomes void. The firm must notify the board, apply for a new license within 30 days of the change in business entity, and destroy the license. Such changes include:

Death of a sole proprietor;
Death or withdrawal of a general partner in a general partnership or the managing partner in a limited partnership; and
Conversion, formation, or dissolution of a corporation, a limited liability company, an association, or any other business entity recognized under the laws of the Commonwealth of Virginia.

D. Within 30 days of ceasing to operate, whether through dissolution or alteration of the business entity, the school must provide a written report to the board detailing the performances and hours of each student who has not completed the program.

E. Any change in the officers of a corporation, managers of a limited liability company, or officers or directors of an association must be reported to the board in writing within 30 days of the change.

F. Barber schools, cosmetology schools, nail schools, or waxing schools under the Virginia Department of Education are exempt from licensure requirements.

G. The board or any of its agents must be allowed to inspect during reasonable hours any licensed school for compliance with provisions of Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia or this chapter.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 33, Issue 9, eff. February 1, 2017; Volume 38, Issue 4, eff. December 1, 2021; Volume 42, Issue 5, eff. December 1, 2025.

Part III Fees

18VAC41-20-140 Fees

The following fees apply. All fees are nonrefundable and will not be prorated.

| FEE TYPE | AMOUNT DUE | WHEN DUE | | --- | --- | --- | | Individuals: | | | | Application | $120 | With application | | License by Endorsement | $120 | With application | | Renewal: | | | | Barber | $120 | With renewal card prior to expiration date | | Master Barber | $120 | With renewal card prior to expiration date | | Cosmetologist | $120 | With renewal card prior to expiration date | | Nail Technician | $120 | With renewal card prior to expiration date | | Wax Technician | $120 | With renewal card prior to expiration date | | Reinstatement | $240* includes $120 renewal fee and $120 reinstatement fee | With reinstatement application | | Instructor Certificate: | | | | Application | $140 | With application | | License by Endorsement | $140 | With application | | Renewal | $45 | With renewal card prior to expiration date | | Reinstatement | $90 includes $45 renewal fee and $45 reinstatement fee | With reinstatement application | | Facilities: | | | | Application | $220 | With application | | Renewal | $220 | With renewal card prior to expiration date | | Reinstatement | $440 includes $220 renewal fee and $220 reinstatement fee | With reinstatement application | | Schools: | | | | Application | $250 | With application | | Add Program | $120 | With application | | Renewal | $250 | With renewal card prior to expiration date | | Reinstatement | $500 *includes $250 renewal fee and $250 reinstatement fee | With reinstatement application |

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 27, Issue 23, eff. September 1, 2011; Volume 30, Issue 10, eff. March 1, 2014; Volume 32, Issue 24, eff. September 1, 2016; Volume 33, Issue 9, eff. February 1, 2017; Volume 34, Issue 22, eff. June 25, 2018; Volume 35, Issue 12, eff. April 1, 2019; Volume 36, Issue 21, eff. September 1, 2020; Volume 38, Issue 25, eff. September 1, 2022; Volume 41, Issue 22, eff. August 1, 2025; Volume 42, Issue 5, eff. December 1, 2025.

18VAC41-20-150 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; repealed, Virginia Register Volume 42, Issue 5, eff. December 1, 2025.

Part IV Renewal/Reinstatement

18VAC41-20-160 Renewal required

A license or certificate issued under this chapter expires two years from the last day of the month in which it was issued.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 33, Issue 9, eff. February 1, 2017; Volume 42, Issue 5, eff. December 1, 2025.

18VAC41-20-170 Notice of renewal

The Department of Professional and Occupational Regulation will send a renewal notice to the licensee or certificate holder outlining the procedures for renewal. Failure to receive this notice, however, does not relieve the licensee or certificate holder of the obligation to renew.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 42, Issue 5, eff. December 1, 2025.

18VAC41-20-180 Failure to renew

A. When an individual or business entity fails to renew a license or certificate within 30 days following the expiration date, the licensee or certificate holder who intends to remain licensed or certified must pay the reinstatement fee.

B. When an individual or business entity fails to renew a license or certification within two years following the expiration date, reinstatement is no longer possible. To resume practice:

The former licensee or certificate holder must apply for licensure or certification as a new applicant and must meet all current entry requirements for each respective license or certificate.
An individual previously licensed in Virginia for a minimum of three years must submit a new application and pass the required examination.

C. When a licensed school fails to renew its license within 30 days following the expiration date, the licensee must pay the reinstatement fee.

After 180 days, the school must submit a reinstatement application and provide (i) the reasons for failing to renew prior to the expiration date and (ii) a notarized statement that all students currently enrolled or seeking to enroll at the school have been notified in writing that the school's license has expired. All of these materials shall be called the application package. Reinstatement will be considered by the board if the school consents to and satisfactorily passes an inspection of the school. Pursuant to 18VAC41-20-130, upon receipt of the reinstatement fee, application package, and inspection results, the board may reinstate the school's license or require requalification.
If the reinstatement application package and reinstatement fee are not received by the board within six months following the expiration date of the school's license, the board will notify the testing service that prospective graduates of the unlicensed school are not acceptable candidates for the examination. Such notification will be sent to the school and must be displayed in a conspicuous manner by the school in an area that is accessible to the public. No student will be disqualified from taking the examination because the school was not licensed for a portion of the time the student attended if the school license is reinstated by the board.

D. The date a renewal fee is received by the Department of Professional and Occupational Regulation or its agent will be used to determine whether the requirement for reinstatement of a license or certificate is applicable.

E. When a license or certificate is reinstated, the licensee or certificate holder will be assigned an expiration date two years from the date of the last day of the month of reinstatement.

F. A licensee or certificate holder that reinstates a license or certificate will be regarded as having been continuously licensed or certified without interruption. Therefore, a licensee or certificate holder will be subject to the authority of the board for activities performed prior to reinstatement.

G. A licensee or certificate holder that fails to reinstate a license or certificate will be regarded as unlicensed or uncertified from the expiration date of the license or certificate forward. Nothing in this chapter divests the board of its authority to discipline a licensee or certificate holder for a violation of the law or regulations during the period of time for which the individual was licensed or certified.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 33, Issue 9, eff. February 1, 2017; Volume 39, Issue 22, eff. October 1, 2023; Volume 42, Issue 5, eff. December 1, 2025.

Part V Barber Cosmetology, Nail, and Waxing Schools

18VAC41-20-190 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; repealed, Virginia Register Volume 33, Issue 9, eff. February 1, 2017.

18VAC41-20-200 General requirements

A. A barber, cosmetology, nail, or waxing school must:

Hold a school license for each and every location. Any suites or classrooms that are located in a different building or are further than 500 feet from the main office are considered a separate location, and require the school hold an additional license.
Hold a salon or shop license if the school receives compensation for services provided in its clinic.
Employ and ensure all training is conducted under the direct supervision of a licensed and certified barber, master barber, cosmetology, nail technician, or wax technician instructor, respectively. A list of all certified instructors must be provided with the application for licensure.

a. Licensed and certified cosmetology instructors may also instruct in nail and waxing programs.

b. Licensed and certified esthetics instructors and master esthetics instructors may also instruct in waxing programs.

c. Any change in instructors must be reported to the board within 30 days of the change.

Develop individuals for entry-level competency in barbering, master barbering, cosmetology, nail care, or waxing.
Submit its curricula for board approval. All changes to curricula must be resubmitted and approved by the board.

a. Barber curricula must be based on a minimum of 750 clock hours and must include performances in accordance with 18VAC41-20-220 A.

b. Master barber curricula must be based on a minimum of 250 clock hours and must include performances in accordance with 18VAC41-20-220 B.

c. Dual barber/master barber program curricula must be based on a minimum of 1,000 clock hours and must include performances in accordance with 18VAC41-20-220 C.

d. Cosmetology curricula must be based on a minimum of 1,000 clock hours and must include performances in accordance with 18VAC41-20-220 D.

e. Nail technician curricula must be based on a minimum of 150 clock hours and must include performances in accordance with 18VAC41-20-220 E.

f. Wax technician curricula must be based on a minimum of 115 clock hours and must include performances in accordance with 18VAC41-20-220 F.

Inform the public that all services are performed by students if the school receives compensation for services provided in its clinic by posting a notice in the reception area of the shop or salon in plain view of the public.
Conduct classroom instruction in an area separate from the clinic area where practical instruction is conducted and services are provided. A sketch of the school floor plan must be included in the application for licensure.

B. The theory portions of the curriculum may be offered online. Practical instruction must be obtained in a traditional brick-and-mortar classroom setting. Theory and practical training must be conducted in the same building, unless the school has board approval to offer the theory training online. Schools must utilize technologies and practices that are effective in verifying the identity of distance-learning students who participate in class or coursework (e.g., a secure login and passcode) while protecting student privacy. Educational technologies must be capable of monitoring a student's time and activities. The school must utilize a measure of competency (e.g., an examination) of the information the student is taught online, which must be completed in a traditional brick-and-mortar classroom.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 33, Issue 9, eff. February 1, 2017; Volume 34, Issue 6, eff. January 1, 2018; Volume 35, Issue 12, eff. April 1, 2019; Volume 40, Issue 21, eff. September 1, 2024; Volume 42, Issue 5, eff. December 1, 2025.

18VAC41-20-210 Curriculum requirements

A. Each barber, cosmetology, nail, and waxing school must submit with its application a curriculum, including a course syllabus, a detailed course content outline, a copy of any course text, a sample of five lesson plans, a sample of evaluation methods to be used, days and hours of instruction, program length, a sample of a final transcript, a breakdown of hours and performances for all courses to be taught that will lead to licensure, and a sample test of at least 25 questions that will be administered to students, including answer key.

B. The outline for barbering must include the following:

Orientation and business topics - minimum of 25 hours of instruction:

a. School policies;

b. Business and shop management; and

c. Professional ethics and personal hygiene.

State law and regulations - minimum of 10 hours of instruction.
Shampooing, cutting, thinning, tapering the hair with razor, clippers, and shears - minimum of 270 hours of instruction:

a. Client consultation; and

b. Styling hair with a hand hair dryer.

Shaving and trimming a moustache or beard - minimum of 100 hours of instruction, to include client consultation.
Applying hair color - minimum of 50 hours of instruction, to include client consultation.
Applied sciences - minimum of 100 hours of instruction:

a. Anatomy and physiology;

b. Skin structure and function;

c. Skin types;

d. Skin conditions;

e. Diseases and disorders of the skin;

f. Analyzing skin or scalp conditions; and

g. Giving scalp treatments.

General sciences - minimum of 80 hours of instruction:

a. Bacteriology;

b. Microorganisms;

c. Infection control, sanitation, disinfection, and sterilization;

d. Occupational Safety and Health Administration (OSHA) requirements;

e. Safety Data Sheet (SDS);

f. General procedures and safety measures;

g. Cosmetic chemistry; and

h. Products and ingredients.

Facial hair and skin care services - minimum of 100 hours of instruction:

a. Client skin analysis and consultation;

b. Effleurage and related movements and manipulations of the face ;

c. Cleansing procedures;

d. Masks;

e. Extraction techniques;

f. Machines, equipment, and electricity;

g. Manual facials and treatments; and

h. General procedures and safety measures.

Understanding and maintaining implements and equipment (e.g., tools) - minimum of 15 hours of instruction.

C. The outline for a barber school adding a master barber program must include the following:

Thermal waving - minimum of 20 hours of instruction;
Permanent waving and relaxing the hair with chemicals - minimum of 110 hours of instruction;
Lightening or toning the hair - minimum of 100 hours of instruction;
Hairpieces and wigs - minimum of 15 hours of instruction; and
Waxing limited to the scalp - minimum of five hours of instruction.

D. The outline for a barber school adding a dual barber/master barber program must include the following:

Orientation and business topics - minimum of 25 hours of instruction:

a. School policies;

b. Business and shop management; and

c. Professional ethics and personal hygiene.

State law and regulations - minimum of 10 hours of instruction.
Shampooing, cutting, thinning, tapering the hair with a razor, clippers, and shears - minimum of 270 hours of instruction:

a. Client consultation; and

b. Styling the hair with a hand hair dryer.

Shaving and trimming a moustache or beard - minimum of 100 hours of instruction, to include client consultation.
Applying hair color - minimum of 50 hours of instruction, to include client consultation.
Applied sciences - minimum of 100 hours of instruction:

a. Anatomy and physiology;

b. Skin structure and function;

c. Skin types;

d. Skin conditions;

e. Diseases and disorders of the skin;

f. Analyzing skin or scalp conditions; and

g. Giving scalp treatments.

General sciences - minimum of 80 hours of instruction:

a. Bacteriology;

b. Microorganisms;

c. Infection control, sanitation, disinfection, and sterilization;

d. Occupational Safety and Health Administration (OSHA) requirements;

e. Safety Data Sheet (SDS);

f. General procedures and safety measures;

g. Cosmetic chemistry; and

h. Products and ingredients.

Facial hair and skin care services - minimum of 100 hours of instruction:

a. Client skin analysis and consultation;

b. Effleurage and related movements and manipulations of the face ;

c. Cleansing procedures;

d. Masks;

e. Extraction techniques;

f. Machines, equipment, and electricity;

g. Manual facials and treatments; and

h. General procedures and safety measures.

Understanding and maintaining implements and equipment (e.g., tools) - minimum of 15 hours of instruction.
Thermal waving - minimum of 20 hours of instruction.
Permanent waving and relaxing the hair with chemicals - minimum of 110 hours of instruction.
Lightening or toning the hair - minimum of 100 hours of instruction.
Hairpieces and wigs - minimum of 15 hours of instruction.
Waxing limited to the scalp - minimum of five hours of instruction.

E. The outline for cosmetology must include the following:

Orientation and business topics - minimum of 45 hours of instruction:

a. School policies;

b. Management;

c. Sales, inventory, and retailing;

d. Taxes and payroll;

e. Insurance;

f. Client records and confidentiality; and

g. Professional ethics and practices.

Laws and regulations - minimum of 10 hours of instruction.
General sciences - minimum of 55 hours of instruction:

a. Principles and practices of infection control;

b. Safety Data Sheet (SDS); and

c. Chemical usage and safety.

Applied sciences - minimum of 40 hours of instruction, to include anatomy, physiology, and histology.
Shampooing, rinsing, and scalp treatments for all hair types, including textured hair - minimum of 25 hours of instruction:

a. Client consultation and analysis; and

b. Procedures, manipulations, and treatments.

Hair styling for all hair types, including textured hair - minimum of 65 hours of instruction:

a. Fingerwaving, molding, and pin curling;

b. Roller curling, combing, and brushing; and

c. Heat curling, waving, and pressing.

Hair cutting for all hair types, including textured hair - minimum of 125 hours of instruction:

a. Fundamentals, materials, and equipment; and

b. Procedures.

Permanent waving and chemical relaxing for all hair types, including textured hair - minimum of 135 hours of instruction:

a. Chemistry;

b. Supplies and equipment; and

c. Procedures and practical application.

Hair coloring and bleaching for all hair types, including textured hair - minimum of 190 hours of instruction:

a. Basic color theory;

b. Supplies and equipment; and

c. Procedures and practical application.

Wigs, hair pieces, and related theory - minimum of 15 hours of instruction:

a. Types; and

b. Procedures.

Manicuring and pedicuring - minimum of 75 hours of instruction:

a. Nail theory, nail structure, and composition;

b. Nail procedures, including manicuring, pedicuring, and nail extensions; and

c. Electric filing.

Skin care - minimum of 150 hours of instruction:

a. Client skin analysis and consultation;

b. Effleurage and related movements and manipulations of the face;

c. Cleansing procedures;

d. Masks;

e. Extraction techniques;

f. Machines avoiding direct contact with the skin;

g. Equipment avoiding direct contact with the skin;

h. Electricity avoiding direct contact with the skin;

i. Manual facials and treatments; and

j. General procedures and safety measures.

Lashes and brows - minimum of 35 hours of instruction:

a. Setup, supplies, and implements;

b. Consultation;

c. Application of false lashes and lash extensions;

d. Lash and brow tinting;

e. Lash perming;

f. Lightening of the hair on the body except scalp; and

g. General procedures and safety measures.

Hair removal - minimum of 35 hours of instruction:

a. Client consultation and analysis;

b. Waxing;

c. Mechanical hair removal;

d. Tweezing and threading; and

e. Chemical hair removal.

F. The outline for nail care must include the following:

Orientation - minimum of five hours of instruction:

a. School policies; and

b. State law, regulations, and professional ethics.

Sterilization, sanitation, bacteriology, and safety - minimum of 35 hours of instruction.
Anatomy and physiology - minimum of 15 hours of instruction.
Diseases and disorders of the nail - minimum of 10 hours of instruction.
Nail procedures (i.e., manicuring, pedicuring, and nail extensions) - minimum of 75 hours of instruction.
Nail theory and nail structure and composition - minimum of 10 hours of instruction.

G. The outline for waxing must include the following:

Orientation - minimum of 10 hours of instruction:

a. School policies;

b. State law, regulations, and professional ethics;

c. Personal hygiene;

d. Salon management; and

e. Care of equipment.

Skin care theory, structure, composition, and treatment - minimum of 30 hours of instruction:

a. Analysis;

b. Anatomy and physiology;

c. Diseases and disorders of the skin;

d. Health sterilization, sanitation, bacteriology, and safety, including infectious disease control measures; and

e. Temporary removal of hair.

Client consultation - minimum of 10 hours of instruction:

a. Health conditions;

b. Skin analysis;

c. Treatments;

d. Client expectations; and

e. Health forms and questionnaires.

Waxing procedures for brow, lip, facial, legs, arms, underarm, chest, back, and bikini areas - minimum of 35 hours of instruction:

a. Fundamentals;

b. Safety rules; and

c. Procedures.

Wax treatments - minimum of 30 hours of instruction:

a. Analysis;

b. Disorders and diseases;

c. Manipulations; and

d. Treatments.

H. A licensed school with an approved barber, master barber, dual barber/master barber, cosmetology, nail technician, or wax technician program may conduct an assessment of a transfer student's competence in the respective profession and, based on the assessment, give credit toward the hours requirements specified in the respective subsection of this section and 18VAC41-20-220.

The school must make the assessment based on a review of the student's transcript, documentation of hours and performances provided to the student by the school from where the student is transferring, and the successful completion of a competency examination administered by the school. The school may also request a copy of a catalog or bulletin giving the full course description when making the evaluation. The number of credit hours awarded must not exceed the actual hours of instruction verified on the transcript or the number of hours specified in the board-approved curriculum for a specific topic.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 33, Issue 9, eff. February 1, 2017; Volume 35, Issue 12, eff. April 1, 2019; Volume 38, Issue 11, eff. March 7, 2022; Volume 40, Issue 21, eff. September 1, 2024; Volume 42, Issue 5, eff. December 1, 2025.

18VAC41-20-220 Practical performance requirements

A. The curriculum requirements for barbering must include the following minimum performances:

| Hair and scalp treatments | 10 | | --- | --- | | Straight razor shaving on face and neck | 12 | | Hair services | 285 | | Hair coloring (including tinting, temporary rinses, and semi-permanent color) | 20 | | Basic facials | 5 | | TOTAL | 332 |

B. The curriculum requirements for master barbering must include the following minimum performances:

| Bleaching and frosting | 20 | | --- | --- | | Cold permanent waving or chemical relaxing | 30 | | Wig care, styling, placing on model | 15 | | Finger waving and thermal waving | 30 | | Waxing limited to the scalp | 5 | | TOTAL | 100 |

C. The curriculum requirements for dual barber/master barber program must include the following minimum performances:

| Hair and scalp treatments | 10 | | --- | --- | | Hair services | 285 | | Straight razor shaving on face and neck | 12 | | Bleaching and frosting | 20 | | Hair coloring (including tinting, temporary rinses, and semi-permanent color) | 20 | | Cold permanent waving or chemical relaxing | 30 | | Wig care, styling, placing on model | 15 | | Finger waving and thermal waving | 30 | | Basic facials | 5 | | Waxing limited to the scalp | 5 | | TOTAL | 432 |

D. The curriculum requirements for cosmetology must include the following minimum performances:

| Shampooing, rinsing, and scalp treatments, for all hair types, including textured hair | 20 | | --- | --- | | Hair styling, for all hair types, including textured hair | 60 | | Hair cutting, for all hair types, including textured hair | 60 | | Permanent waving-chemical relaxing, for all hair types, including textured hair | 60 | | Hair coloring and bleaching, for all hair types, including textured hair | 65 | | Wigs, hair pieces, and related theory | 10 | | Manicuring and pedicuring | 15 procedures | | Individual sculptured nails and nail tips | 30 | | Lashes and brows | 20 | | Skin care | 15 | | Hair removal | 10 | | TOTAL | 365 |

E. The curriculum requirements for nail care must include the following minimum performances:

| Manicures | 25 | | --- | --- | | Pedicures | 20 | | Individual sculptured nails and nail tips | 170 | | Individual removals | 20 | | UV/LED gel nails | 20 | | TOTAL | 255 |

F. The curriculum requirements for waxing must include the following minimum performances:

| Arms | 2 | | --- | --- | | Back | 1 | | Bikini area | 4 | | Brows | 12 | | Chest | 1 | | Facial (i.e., face, chin, and cheek and lip) | 6 | | Leg | 2 | | Underarm | 2 | | TOTAL | 30 |

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 33, Issue 9, eff. February 1, 2017; Volume 35, Issue 12, eff. April 1, 2019; Volume 40, Issue 21, eff. September 1, 2024; Volume 42, Issue 5, eff. December 1, 2025.

18VAC41-20-230 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; repealed, Virginia Register Volume 33, Issue 9, eff. February 1, 2017.

18VAC41-20-240 Records

A. Schools must maintain on the premises of each school and available for inspection by the board or any of its agents the following records for the period of a student's enrollment through five years after the student's completion of the curriculum, termination, or withdrawal:

Enrollment application containing student's signature and a two-inch by two-inch color head and shoulders photograph;
Daily record of attendance containing student's signature;
Student clock hours containing student's signature and method of calculation;
Practical performance completion sheets containing student's signature;
Final transcript;
Course descriptions; and
All other relevant documents that account for a student's accrued clock hours and practical applications.

B. Schools must produce to the board or any of its agents within 10 days of the request any document, book, or record concerning any student or for which the licensee is required to maintain records for inspection and copying by the board or its agents. The board may extend such timeframe upon a showing of extenuating circumstances prohibiting delivery within such 10-day period.

C. Schools must, within 21 days upon receipt of a written request from a student, provide documentation of hours and performances completed by the student as required to be maintained by subsection A of this section.

D. Prior to a school changing ownership or a school closing, the school is required to provide to current students documentation of hours and performances completed.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 33, Issue 9, eff. February 1, 2017; Volume 42, Issue 5, eff. December 1, 2025.

18VAC41-20-250 Reporting

A. Each school must provide student rosters to the board quarterly, no later than January 15, April 15, July 15, and October 15 of each year.

Each school must provide a roster of all enrolled students and a roster of students who attended in the preceding six months prior to the reporting deadline.
Students who are enrolled but have not begun classes must be included in the report.

B. Rosters must be submitted via a secure link provided by the board on the board-supplied document, which will include the student's full name, date of birth, program type, date enrolled, the total number of hours to-date, and the date completed, terminated, or withdrawn.

C. Schools with no students enrolled but with the intention of operating must submit a report stating that information.

D. Schools with no students enrolled that no longer wish to operate should terminate the license in accordance with this chapter.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 33, Issue 9, eff. February 1, 2017; Volume 42, Issue 5, eff. December 1, 2025.

Part VI Standards of Practice

18VAC41-20-260 Display of license

A. The responsible management for each shop, salon, or school must ensure that all current licenses and certificates issued by the board are displayed in plain view of the public either in the reception area or at individual work stations of the shop, salon, or school. Duplicate licenses and certificates must be posted in a similar manner in every shop, salon, or school location where the regulant provides services.

B. The responsible management for each shop, salon, or school must ensure that no employee, licensee, student, or apprentice performs any service beyond the scope of practice for the applicable license.

C. All licensees, certificate holders, and temporary license holders must operate under the name in which the license, certificate, or permit is issued.

D. Unless also licensed as a cosmetologist, a barber or master barber is required to hold a separate nail technician or wax technician license if performing nail care or waxing.

E. Proof of apprenticeship registration issued by the applicable agency of the Virginia Department of Workforce Development and Advancement (VDWDA) must be displayed in plain view of the public either in the reception area or at individual work stations of the shop or salon. The apprentice sponsor must require each apprentice to wear a badge clearly indicating status as a VDWDA registered apprentice.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 33, Issue 9, eff. February 1, 2017; Volume 35, Issue 12, eff. April 1, 2019; Volume 42, Issue 5, eff. December 1, 2025.

18VAC41-20-270 Sanitation and safety standards for shops, salons, and schools

A. Sanitation and safety standards.

Any shop, salon, or school where barber, master barber, cosmetology, or nail or wax services are delivered to the public must be clean and sanitary at all times.
Mobile shops and salons must be stationary while providing services, and may not operate where prohibited by local ordinance.
Compliance with these rules does not confer compliance with other requirements set forth by federal, state, and local laws, codes, ordinances, and regulations as they apply to business operation, physical construction and maintenance, safety, and public health.
Licensees must take sufficient measures to prevent the transmission of communicable and infectious diseases and comply with the sanitation standards identified in this section and must ensure that all employees likewise comply.

B. Disinfection and storage of implements.

Each barber, master barber, cosmetologist, nail technician, and wax technician must have a wet disinfection unit at the individual's station and must meet the standards in the definition of wet disinfection requirements. A wet disinfection unit must have a cover to prevent contamination and any disinfection solutions must be used according to manufacturer's directions.
Disinfection of multiuse implements constructed of hard, nonporous materials such as metal, glass, or plastic that the manufacturer designed for use on more than one client, including clippers, scissors, combs, and nippers is to be carried out in the following manner prior to servicing a client:

a. Remove all foreign matter from the object, utilizing a brush if needed. Drill bits are to be soaked in acetone and scrubbed with a wire brush to remove all foreign matter;

b. Wash thoroughly with hot water and soap;

c. Rinse thoroughly with clean water and dry thoroughly with a clean paper towel;

d. Fully immerse implements into wet disinfectant solution for a minimum of 10 minutes; and

e. After immersion, rinse articles, dry thoroughly with a clean paper towel, and store in a clean, predisinfected, and dry cabinet, drawer, or sealed covered container, or leave instruments in a wet disinfection unit used according to manufacturer's directions.

Single-use items designed by the manufacturer for use on no more than one client should be discarded immediately after use on each individual client, including powder puffs, lip color, cheek color, sponges, styptic pencils, nail care implements, or disposable razors. The disinfection and reuse of these items is not permitted and the use of single-use items on more than one client is prohibited.
For the purpose of recharging, rechargeable clippers may be stored in an area other than in a closed cabinet or container. This area must be clean and the cutting edges of any clippers are to be disinfected.
Electrical clipper blades must be disinfected before and after each use. If the clipper blade cannot be removed, the use of a spray or foam used according to the manufacturer's instructions will be acceptable, provided that the disinfectant is an EPA-registered disinfectant that is bactericidal, virucidal, and fungicidal, and that the entire handle is also disinfected by wiping with the disinfectant solution.
All wax pots must be cleaned and disinfected with an EPA-registered disinfectant that is bactericidal, virucidal, and fungicidal and with no sticks left standing in the wax at any time. The area immediately surrounding the wax pot must be clean and free of clutter, waste materials, spills, and any other items that may pose a hazard.
Foot tubs, whirlpool units, air-jetted basins, pipe-less units, and non-whirlpool basins used in the performance of nail care must be maintained in accordance with manufacturer's recommendations. They must be cleaned and disinfected immediately after each client in the following manner:

a. Drain all water and remove all debris;

b. Clean the surfaces and walls with soap or detergent to remove all visible debris, oils, and product residue and then rinse with water;

c. Disinfect with an EPA-registered disinfectant that is bactericidal, virucidal, and fungicidal in accordance with manufacturer directions for pedicure units; and

d. Wipe dry with a clean towel.

C. General sanitation and safety requirements.

Service chairs, wash basins, sinks, bowls, workstations and workstands, and back bars as necessitated by the services performed, must be clean;
The floor surface in all work areas must be of a washable surface other than carpet;
All furniture, fixtures, walls, floors, windows, and ceilings must be clean and in good repair and free of water seepage and dirt. Any mats must be secured or must lie flat;
A fully functional bathroom in the same building with a working toilet and sink must be available for clients. There must be hot and cold running water. Fixtures must be in good condition. The bathroom must be lighted and sufficiently ventilated. There must be soap and clean single-use towels or hand air-drying device for the client's use. Laundering of towels is allowed, space permitting. The bathroom must not be used as a work area or for the open storage of chemicals. For facilities newly occupied after January 1, 2017, the bathroom must be available for client use and must adhere to all sanitation requirements of this chapter;
Electrical cords must be placed to prevent entanglement by the client or licensee, and electrical outlets must be covered by plates;
All sharp tools, implements, and heat-producing appliances must be in safe working order at all times, safely stored, and placed so as to prevent any accidental injury to the client or licensee;
The salon area must be sufficiently ventilated to exhaust hazardous or objectionable airborne chemicals, and to allow the free flow of air; and
Adequate lighting must be provided.

D. Articles, tools, and products.

Clean towels, robes, or other linens must be used for each patron. Clean towels, robes, or other linens must be stored in a clean, predisinfected, and dry cabinet, drawer, or nonairtight covered container. Soiled towels, robes, or other linens must be stored in a container enclosed on all sides including the top, except if stored in a separate laundry room;
Whenever a haircloth is used, a clean towel or neck strip must be placed around the neck of the patron to prevent the haircloth from touching the skin;
Soiled implements must be removed from the tops of work stations immediately after use;
Any multiuse article, tool, or product that cannot be disinfected by full immersion as specified in subdivision B 2 of this section or cleaned according to manufacturer's recommendation, including natural hairbrushes or neck dusters, is prohibited from use;
Lotions, ointments, creams, and powders must be accurately labeled and kept in closed containers. A clean spatula, other clean tools, or clean disposable gloves must be used to remove bulk substances such as creams or ointments from jars. Sterile cotton or sponges must be used to apply creams, lotions, and powders. Cosmetic containers must be covered after each use;
For nail care, if a sanitary container is provided for a client, the sanitary container must be labeled and implements must be used solely for that specific client. Disinfection must be carried out in accordance with subdivisions B 1 and B 2 of this section;
No substance other than a sterile styptic powder or sterile liquid astringent approved for homeostasis and applied with a sterile single-use applicator must be used to check bleeding; and
Any disposable material making contact with blood or other body fluid must be double-bagged, labeled as a biohazard, and disposed of in a closed receptacle.

E. Chemical storage and emergency information.

Shops, salons, schools, and facilities must have in the immediate working area a binder with all Safety Data Sheets (SDS) provided by manufacturers for any chemical products used;
Shop, salons, schools, and facilities must have a blood spill clean-up kit in the work area that contains at minimum latex gloves, two 12-inch by 12-inch towels, one disposable trash bag, bleach, one empty spray bottle, and one mask with face shield or any Occupational Safety and Health Administration (OSHA) approved blood spill clean-up kit;
Flammable chemicals must be labeled and stored in a nonflammable storage cabinet or a properly ventilated room; and
Chemicals that could interact in a hazardous manner (e.g., oxidizers, catalysts, and solvents) must be labeled and separated in storage.

F. Client health guidelines.

All employees providing client services must cleanse their hands with a soap product prior to providing services to each client. Licensees shall require that clients for nail care services must cleanse their hands immediately prior to the requested nail care service;
An artificial nail must only be applied to a healthy natural nail;
A nail drill or motorized instrument must be used on the artificial nail surface only;
No shop, salon, school, or facility providing cosmetology or nail care services will have on the premises cosmetic products containing hazardous substances that have been banned by the U.S. Food and Drug Administration (FDA) for use in cosmetic products;
No product will be used in a manner that is disapproved by the FDA; and
All regulated services must be performed in a facility that is in compliance with current local building and zoning codes.

G. In addition to any requirements set forth in this section, all licensees and temporary license holders must adhere to regulations and guidelines established by the Virginia Department of Health and the Occupational Safety and Health Compliance Division of the Virginia Department of Labor and Industry.

H. All shops, salons, schools, and facilities must immediately report the results of any inspection of the shop, salon, or school by the Virginia Department of Health as required by § 54.1-705 of the Code of Virginia.

I. All shops, salons, schools, and facilities must maintain a self-inspection form on file to be updated on an annual basis, and kept for five years, so that it may be requested and reviewed by the board at its discretion.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 33, Issue 9, eff. February 1, 2017; Volume 35, Issue 12, eff. April 1, 2019; Volume 36, Issue 9, eff. February 10, 2020; Volume 39, Issue 4, eff. December 1, 2022; Volume 42, Issue 5, eff. December 1, 2025.

18VAC41-20-280 Grounds for license or certificate revocation, suspension, or probation; denial of application, renewal, or reinstatement; or imposition of a monetary penalty

The board may, in considering the totality of the circumstances, refuse to issue, renew, or reinstate any license or certificate; impose a monetary penalty; place a license or certificate on probation with such terms and conditions and for such time as the board may designate; suspend a license or certificate for a stated period of time; or revoke a license or certificate issued under the provisions of Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia and this chapter if it finds that the licensee, certificate holder, temporary license holder, or applicant:

Is incompetent or negligent in practice or unable, as a result of any mental or physical condition, as those terms are generally understood in the profession, to skillfully and safely (i) practice as a barber, master barber, cosmetologist, nail technician, or wax technician or (ii) operate a shop, salon, or school;
Is convicted of fraud or deceit in the practice or teaching of barbering, master barbering, cosmetology, nail care, or waxing, fails to teach the board-approved curriculum as provided for in this chapter, or fails to comply with 18VAC41-20-210 H when making an assessment of credit hours awarded;
Attempts to obtain or has obtained, renewed, or reinstated a license, certificate, or temporary license by false or fraudulent representation;
Violates, induces others to violate, or cooperates with others in violating any of the provisions of this chapter or Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia or any local ordinance or regulation governing standards of health and sanitation of the establishment in which any barber, master barber, cosmetologist, nail technician, or wax technician may practice or offer to practice;
Offers, gives, or promises anything of value or benefit to any federal, state, or local employee for the purpose of influencing that employee to circumvent, in the performance of his duties, any federal, state, or local law, regulation, or ordinance governing barbering, master barbering, cosmetology, nail care, or waxing as defined in § 54.1-700 of the Code of Virginia;
Fails to respond to the board or any of its agents or provides false, misleading, or incomplete information to an inquiry by the board or any of its agents;
Fails or refuses to allow the board or any of its agents to inspect during reasonable hours any licensed shop, salon, or school for compliance with provisions of Chapter 7 (§ 54.1-700 et seq.) or this chapter;
Fails to produce upon request or demand of the board or any of its agents any document, book, record, or copy thereof in a licensee's, certificate holder's, temporary license holder's, applicant's, or responsible management's possession or maintained in accordance with this chapter;
Fails to notify the board of a change of name or address in writing within 30 days of the change for each and every license, certificate, or temporary license;
Makes any misrepresentation or publishes or causes to be published any advertisement that is false, deceptive, or misleading;
Fails to notify the board in writing within 30 days of a final action or disciplinary action taken against any license, registration, certificate, or temporary license in any jurisdiction by a local, state or national regulatory body;
Has been convicted or found guilty, regardless of the manner of adjudication in Virginia or any other jurisdiction of the United States, of any felony, there being no appeal pending therefrom or the time for appeal having elapsed. Review of convictions shall be subject to the requirements of § 54.1-204 of the Code of Virginia;
Fails to inform the board in writing within 30 days of pleading guilty or nolo contendere or being convicted or found guilty regardless of adjudication of any convictions as stated in subdivision 12 of this section;
Allows, as responsible management of a shop or salon, a person who has not obtained a license or a temporary license to practice as a barber, master barber, cosmetologist, nail technician, or wax technician unless the person is duly enrolled as a registered apprentice;
Allows, as responsible management of a school, a person who has not obtained an instructor certificate or a student instructor temporary license to practice as a barber, master barber, cosmetologist, nail technician, or wax technician instructor;
Fails to take sufficient measures to prevent transmission of communicable or infectious diseases or fails to comply with sanitary requirements provided for in this chapter or any local, state, or federal law or regulation governing the standards of health and sanitation for the practices of barbering, master barbering, cosmetology, nail care, or waxing, or the operation of barbershops, cosmetology salons, nail salons, or waxing salons; or
Fails to comply with all procedures established by the board and the testing service with regard to conduct at any board examination.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 29, Issue 26, eff. November 1, 2013; Volume 33, Issue 9, eff. February 1, 2017; Volume 35, Issue 12, eff. April 1, 2019; Volume 38, Issue 4, eff. December 1, 2021; Volume 42, Issue 5, eff. December 1, 2025.

Chapter 50 Tattooing Regulations

Part I General

18VAC41-50-10 Definitions

A. The following words and terms when used in this chapter have the meanings ascribed to them in § 54.1-700 of the Code of Virginia :

"Board"

"Tattoo parlor"

"Tattoo school"

"Tattooer"

"Tattooing"

B. The following words and terms when used in this chapter have the following meanings, unless the context clearly indicates otherwise:

"Apprenticeship program" means an approved tattooing training program conducted by an approved apprenticeship sponsor.

"Apprenticeship sponsor" means an individual approved to conduct tattooing apprenticeship training who meets the qualifications in 18VAC41-50-70.

"Aseptic technique" means a hygienic practice that prevents and hinders the direct transfer of microorganisms, regardless of pathogenicity, from one person or place to another person or place.

"Business entity" means a sole proprietorship, partnership, corporation, limited liability company, limited liability partnership, or any other form of organization permitted by law.

"Clock hour" means a minimum of 50 minutes of supervised or directed instruction and appropriate breaks.

"Credit hour" means a combination of the number of hours in class each week and the number of hours per week in a laboratory by which a school may measure its course work. One unit of credit equals one hour of classroom or online study, two hours of laboratory experience, or three hours of internship or practicum or a combination of the three times the number of weeks in the term.

"Direct supervision" means (i) that a Virginia licensed tattooer , permanent cosmetic tattooer, or master permanent cosmetic tattooer is present in the parlor or salon at all times when services are being performed by a temporary license holder or registered apprentice or (ii) that a Virginia licensed and certified tattooing, permanent cosmetic tattooing, or master permanent cosmetic tattooing instructor or student instructor temporary license holder is present in the tattooing or permanent cosmetic tattooing school at all times when services are being performed by a student, student instructor, or temporary license holder.

"Event tattoo parlor" means a tattoo parlor temporary location licensed to operate for a maximum of seven consecutive days.

"Firm" means any business entity recognized under the laws of the Commonwealth of Virginia.

"Guest tattooer" means a tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer residing outside of Virginia who is licensed only to work for a two-week period at a specified tattoo parlor or permanent cosmetic tattoo salon.

"Guest tattooer sponsor" means a licensed tattoo parlor or permanent cosmetic tattooing salon that is sponsoring and providing direct supervision of a guest tattooer.

"Licensee" means any individual or firm holding a license issued by the board.

"Master permanent cosmetic tattooer" means any person who for compensation practices permanent cosmetic tattooing known in the industry as advanced permanent cosmetic tattooing, including eye shadow and breast and scar repigmentation or camouflage.

"Master permanent cosmetic tattooing instructor" means a person who has been certified by the board and who meets the competency standards of the board as an instructor of master permanent cosmetic tattooing.

"Permanent cosmetic tattoo salon" means any place in which permanent cosmetic tattooing is offered or practiced for compensation.

"Permanent cosmetic tattooer" means any person who for compensation practices permanent cosmetic tattooing known in the industry as basic permanent cosmetic tattooing, including eyebrows, microblading, scalp micropigmentation, eyeliners, lip coloring, lip liners, or full lips.

"Permanent cosmetic tattooing" means placing marks upon or under the skin of any person with ink or any other substance, resulting in the permanent coloration of the skin on the face, including eyebrows, eyeliners, lip coloring, lip liners, full lips, cheek blush, eye shadow, forehead and scalp micropigmentation, and on the body for breast and scar repigmentation or camouflage, also known as permanent makeup or micropigmentation.

"Permanent cosmetic tattooing instructor" means a person who has been certified by the board who meets the competency standards of the board as an instructor of permanent cosmetic tattooing.

"Permanent cosmetic tattooing school" means a place or establishment licensed by the board to accept and train students and that offers a permanent cosmetic tattooing or master permanent cosmetic tattooing curriculum approved by the board.

"Pigments" means tattooing ink designed for use on human skin.

"Post-secondary educational level" means an accredited college or university that is approved or accredited by an accrediting agency recognized by the U.S. Department of Education.

"Reasonable hours" means the hours between 9 a.m. and 5 p.m.; however, if the licensee generally is not open to the public substantially during the same hours, "reasonable hours" means the business hours when the licensee is open to the public.

"Reinstatement" means having a license restored to effectiveness after the expiration date has passed.

"Renewal" means continuing the effectiveness of a license or certificate for another period of time.

"Responsible management" means the following individuals:

The sole proprietor of a sole proprietorship;
The partners of a general partnership;
The managing partners of a limited partnership;
The officers of a corporation;
The managers of a limited liability company;
The officers or directors of an association ; and
Individuals in other business entities recognized under the laws of the Commonwealth as having a fiduciary responsibility to the firm.

"Sterilization area" means a separate room or area separate from workstations with restricted client access in which tattooing instruments are cleaned, disinfected, and sterilized.

"Substantially equivalent exam" means an examination administered by the licensing entity that covers Virginia's scope of practice for that profession.

"Substantially equivalent training" means at least 80% of the required hours in Virginia and curriculum content covering Virginia's scope of practice for that profession.

"Tattoo convention" means an event where Virginia and out-of-state tattooers gather for no more than seven consecutive days to offer tattooing services to the public.

"Tattooing instructor" means a person who has been certified by the board who meets the competency standards of the board as an instructor of tattooing.

"Temporary location" means a fixed location at which tattooing is performed for a specified length of time of not more than seven days in conjunction with a single event or convention.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; amended, Virginia Register Volume 39, Issue 22, eff. September 1, 2023; Volume 42, Issue 8, eff. January 5, 2026.

18VAC41-50-15 Gratuitous services

As provided in subdivision 5 of § 54.1-701 of the Code of Virginia, any individual who engages in tattooing, guest tattooing, permanent cosmetic tattooing, or master permanent cosmetic tattooing without receiving compensation, reward, or obligation is considered to be performing gratuitous services and is exempt from the provisions of this chapter. Gratuitous services do not include services provided at no charge when goods are purchased.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 5, 2026.

Part II Entry

18VAC41-50-20 General requirements for tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer

A. Any individual wishing to engage in tattooing, permanent cosmetic tattooing, or master permanent cosmetic tattooing must obtain a license in compliance with § 54.1-703 of the Code of Virginia and meet the following qualifications:

The applicant must be in good standing as a tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer in every jurisdiction where licensed, certified, or registered. The applicant must provide a copy of any disciplinary action taken in Virginia and all other jurisdictions to the board at the time of application for licensure. This includes monetary penalties, fines, probation, suspensions, revocations, surrender of a license in connection with a disciplinary action, or voluntary termination of a license.

Upon review of the applicant's prior disciplinary action, the board, in its discretion, may deny licensure to any applicant who the board deems unfit or unsuited to engage in tattooing, permanent cosmetic tattooing, or master permanent cosmetic tattooing.

The applicant must disclose the applicant's physical address and email address. A post office box may be provided as a secondary address.
The applicant must sign, as part of the application, a statement certifying that the applicant has read and understands the Virginia tattooing license laws and this chapter.
In accordance with § 54.1-204 of the Code of Virginia, each applicant must disclose all felony convictions in Virginia and all other jurisdictions within 10 years of the date of application.

The board, in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

The applicant must provide evidence satisfactory to the board that the applicant has passed the board-approved examination, administered either by the board or by a designated testing service.

B. Eligibility to sit for board-approved examination.

Training in the Commonwealth of Virginia. Any person completing one of the following programs is eligible for examination:

a. An approved tattooing apprenticeship program in a Virginia licensed tattoo parlor;

b. An approved tattooing training program in a Virginia licensed tattoo school; or

c. A permanent cosmetic tattooing or master permanent cosmetic tattooing training program in a Virginia licensed permanent cosmetic tattooing or tattooing school .

Training outside of the Commonwealth of Virginia :

a. Any person completing a tattooing, permanent cosmetic tattooing, master permanent cosmetic tattooing training program, or tattooing apprenticeship that is substantially equivalent to the Virginia program but is outside of the Commonwealth of Virginia must submit to the board (i) documentation of the successful completion of training or apprenticeship to be eligible for examination and (ii) documentation of completion of board-approved health education to include (a) bloodborne pathogens, sterilization, and aseptic techniques related to tattooing and (b) first aid. Applicants who have earned a degree from an institution outside the United States must have such degree translated, authenticated, and evaluated by an education evaluation service if credit is sought for the education. The board in its discretion may decline to accept any evaluation submitted by an applicant.

b. Applicants who completed a training or apprenticeship program that is not substantially equivalent to Virginia's training must submit (i) documentation acceptable to the board verifying three years of work experience in any other state or jurisdiction of the United States on a form provided by the board and (ii) documentation of completion of board-approved health education to include (a) bloodborne pathogens, sterilization, and aseptic techniques related to tattooing and (b) first aid.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; amended, Virginia Register Volume 39, Issue 22, eff. September 1, 2023; Volume 42, Issue 8, eff. January 5, 2026.

18VAC41-50-30 License by endorsement

A. Upon proper application to the board, any person currently licensed to practice as a tattooer, permanent cosmetic tattooer, master permanent cosmetic tattooer, or who is a licensed instructor in the respective profession in any other state or jurisdiction of the United States and who has completed a training or apprenticeship program and an examination that is substantially equivalent to the training and examination required by this chapter may be issued a tattooer license, permanent cosmetic tattooer license, master permanent cosmetic tattooer license, or the respective instructor certificate without an examination. The applicant must also meet the requirements set forth in 18VAC41-50-20 A 1 through A 4 and provide documentation of completion of board-approved health education to include (i) bloodborne pathogens, sterilization, and aseptic techniques related to tattooing and (ii) first aid.

B. Applicants for licensure by endorsement who completed a training or apprenticeship program that is not substantially equivalent to Virginia's training but otherwise meet all the requirements listed in subsection A of this section may substitute three years of work experience for training. Applicants must provide work history demonstrating three years of licensed experience in any other state or jurisdiction of the United States on a form provided by the board and provide documentation of completion of board-approved health education to include (i) bloodborne pathogens, sterilization, and aseptic techniques related to tattooing and (ii) first aid.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; amended, Virginia Register Volume 39, Issue 22, eff. September 1, 2023; Volume 42, Issue 8, eff. January 5, 2026.

18VAC41-50-40 Examination requirements and fees

A. Applicants for initial licensure must pass an examination approved by the board.

B. The applicant must follow all procedures established by the board with regard to conduct at the examination. Such procedures include any written instructions communicated prior to the examination date and any instructions communicated at the site on the date of the examination. Failure to comply with all procedures established by the board and the testing service with regard to conduct at the examination may be grounds for denial of application.

C. Any applicant who does not pass a reexamination within one year of the initial examination date will be required to submit a new application.

D. The fee for examination or reexamination is subject to contracted charges to the board by an outside vendor. These contracts are competitively negotiated and bargained for in compliance with the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia). Fees may be adjusted and charged to the candidate in accordance with these contracts. The fee will not exceed $225 per candidate.

E. Any candidate failing to apply for initial licensure within five years of passing the written examination will be required to retake the examination.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; amended, Virginia Register Volume 39, Issue 22, eff. September 1, 2023; Volume 42, Issue 8, eff. January 5, 2026.

18VAC41-50-45 Tattoo, permanent cosmetic tattoo, and master permanent cosmetic tattoo temporary license

Licensed tattooers may also supervise permanent cosmetic tattoo and master permanent cosmetic tattoo temporary license holders. Licensed master permanent cosmetic tattooers may also supervise permanent cosmetic tattoo temporary license holders.

B. The temporary license will remain in force for 90 days and no subsequent temporary license will be issued.

C. Any person continuing to practice tattooing, permanent cosmetic tattooing, or master permanent cosmetic tattooing after a temporary license has expired may be prosecuted and fined by the Commonwealth under §§ 54.1-111 A 1 and 54.1-202 of the Code of Virginia.

D. Temporary licenses will not be issued where grounds may exist to deny a license pursuant to § 54.1-204 of the Code of Virginia or 18VAC41-50-20.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 5, 2026.

18VAC41-50-50 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; repealed, Virginia Register Volume 39, Issue 22, eff. September 1, 2023.

18VAC41-50-60 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; repealed, Virginia Register Volume 39, Issue 22, eff. September 1, 2023.

18VAC41-50-70 General requirements for a tattooing apprenticeship sponsor

A. Upon filing an application with the board, any individual wishing to sponsor a tattooing apprentice must meet the following qualifications:

The applicant must hold and maintain a current Virginia tattooer license;
The applicant must provide documentation of legally practicing tattooing for at least five years; and
The applicant must provide documentation indicating that the applicant is in good standing in all jurisdictions where the practice of tattooing is regulated.

B. Apprenticeship sponsors must ensure compliance with the 1,500-hour tattooing apprenticeship program and tattooing apprenticeship standards.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; Volume 42, Issue 8, eff. January 5, 2026.

18VAC41-50-80 General requirements for a tattoo parlor, event tattoo parlor, or permanent cosmetic tattoo salon license

A. Any firm wishing to operate a tattoo parlor, event tattoo parlor, or permanent cosmetic tattoo salon , including any mobile parlor or salon, must obtain a tattoo parlor license, event tattoo parlor license, or permanent cosmetic tattoo salon license in compliance with § 54.1-704.1 of the Code of Virginia and must meet the following qualifications in order to receive a license:

The applicant and all members of the responsible management must be in good standing as a licensed parlor or salon in Virginia and all other jurisdictions where licensed, certified, or registered. The applicant and all members of the responsible management must provide a copy of any disciplinary action taken in Virginia and all other jurisdictions to the board at the time of application for licensure. This includes monetary penalties, fines, probation, suspensions, revocations, surrender of a license in connection with a disciplinary action, or voluntary termination of a license.

Upon review of the applicant's and all members of the responsible management's prior disciplinary action, the board, in its discretion, may deny licensure to any applicant that the board deems unfit or unsuited to engage in the operation of a tattoo parlor, event tattoo parlor, or permanent cosmetic tattoo salon.

The applicant must disclose the applicant's physical address and email address. A post office box may be provided as a secondary address. Mobile parlors and salons must provide a physical address where the parlor or salon is permanently garaged.
The applicant must sign, as part of the application, a statement certifying that the applicant has read and understands the Virginia tattooing license laws and this chapter.
In accordance with § 54.1-204 of the Code of Virginia, each applicant must disclose all felony convictions in Virginia and all other jurisdictions for the firm and all members of the firm's responsible management within 10 years of the date of application.

The board, in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

The applicant must disclose the firm's responsible management.

B. Tattoo parlor licenses, event tattoo parlor licenses, or permanent cosmetic tattoo salon licenses are issued to firms as defined in this chapter and are not transferable . Any changes in the name or address of the parlor or salon must be reported to the board in writing within 30 days of such changes. The board will not be responsible for the licensee's failure to receive notices, communications, and correspondence caused by the licensee's failure to promptly notify the board in writing of any change of name or address or for any other reason beyond the control of the board.

C. Whenever the legal business entity holding the license is dissolved or altered to form a new business entity, the original license becomes void . The firm must notify the board, apply for a new license within 30 days of the change in the business entity, and destroy the license. Such changes include:

Death of a sole proprietor;
Death or withdrawal of a general partner in a general partnership or the managing partner in a limited partnership; and
Conversion, formation, or dissolution of a corporation, a limited liability company, an association, or any other business entity recognized under the laws of the Commonwealth of Virginia.

E. Any tattoo parlor or permanent cosmetic tattoo salon wishing to host a guest tattooer must identify itself as the guest tattooer sponsor and must provide direct supervision of any tattooing by the guest tattooer.

F. Any firm wishing to operate a tattoo parlor in a temporary location must have a tattoo parlor license or event tattoo parlor license issued by the board.

G. An event tattoo parlor license is effective for seven consecutive days prior to the expiration date. Any firm wishing to operate an event tattoo parlor must submit an application to the board at least 45 days prior to the date for which approval is sought.

H. A firm may obtain a maximum of five event tattoo parlor licenses within a calendar year.

I. The board or any of its agents must be allowed to inspect during reasonable hours any licensed parlor and salon for compliance with provisions of Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia or this chapter.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; amended, Virginia Register Volume 39, Issue 22, eff. September 1, 2023; Volume 42, Issue 8, eff. January 5, 2026.

18VAC41-50-90 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; repealed, Virginia Register Volume 39, Issue 22, eff. September 1, 2023.

18VAC41-50-91 Guest tattooer license

A. A guest tattooer license is effective for 14 days prior to the expiration date.

B. An out-of-state resident may apply for and obtain up to five guest tattooer licenses per calendar year.

C. For each calendar year, a guest tattooer applicant must meet the following qualifications:

Requirements set forth in 18VAC41-50-20 A 1 through A 4.
Present documentation showing out-of-state residency.
Documentation of board-approved health education knowledge to include (i) bloodborne disease, sterilization, and aseptic techniques related to tattooing and (ii) first aid.

D. A guest tattooer must provide documentation with each application showing the guest tattooer sponsor, including a signature of the sponsor parlor's responsible management.

E. A guest tattooer must provide the name and license number of the guest tattooer's sponsor and the duration of the guest tattooer's tattooing for all guest tattooer locations.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 39, Issue 22, eff. September 1, 2023; amended, Virginia Register Volume 42, Issue 8, eff. January 5, 2026.

18VAC41-50-92 Guest tattooer sponsor

A. The licensed tattoo parlor sponsoring a guest tattooer must ensure that the guest tattooer:

Has a valid, current guest tattooer license for the entire duration of the guest tattooer tattooing at the parlor.
Is directly supervised by a licensed tattooer.
Complies with all Virginia regulations relating to health, sanitation, client qualifications, and standards of practice.

B. The licensed permanent cosmetic tattoo salon sponsoring a guest tattooer must ensure that the guest tattooer:

Has a valid, current guest tattooer licensed for the entire duration of the guest tattooer's tattooing at the salon.
Is directly supervised by a licensed tattooer or permanent cosmetic tattooer.
Complies with all Virginia regulations relating to health, sanitation, client qualifications, and standards of practice.

C. With the exception of tattoo conventions, a member of the guest tattooer sponsor's responsible management must sign the guest tattooer application certifying the sponsor will ensure the requirements of subsections A and B of this section.

D. The guest tattooer sponsor is responsible for the acts or omissions of the guest tattooer in the performance of tattooing or permanent cosmetic tattooing.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 39, Issue 22, eff. September 1, 2023; amended, Virginia Register Volume 42, Issue 8, eff. January 5, 2026.

18VAC41-50-100 General requirements for a school license

A. Any firm wishing to operate a tattooing school or permanent cosmetic tattooing school must submit an application to the board at least 60 days prior to the date for which approval is sought, obtain a school license in compliance with § 54.1-704.2 of the Code of Virginia, and meet the following qualifications in order to receive a license:

The applicant and all members of the responsible management must be in good standing as a licensed school in Virginia and in all other jurisdictions where licensed, certified, or registered. The applicant and all members of the responsible management must provide a copy of any disciplinary action taken in Virginia and all other jurisdictions to the board at the time of application for licensure. This includes monetary penalties, fines, probation, suspensions, revocations, surrender of a license in connection with a disciplinary action, or voluntary termination of a license.

The applicant must disclose the applicant's physical address and email address. A post office box may be provided as a secondary address.
The applicant must sign, as part of the application, a statement certifying that the applicant has read and understands the Virginia tattooing license laws and this chapter.
In accordance with § 54.1-204 of the Code of Virginia, each applicant must disclose all felony convictions in Virginia and all other jurisdictions for the firm and all members of the firm's responsible management within 10 years of the date of application.

The board, in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

The applicant must disclose the firm's responsible management.

B. Tattooing school licenses or permanent cosmetic tattooing school licenses are issued to firms as defined in this chapter and are not transferable . Any changes in the name and address of record or principal place of business of the school must be reported to the board in writing within 30 days of such change. The board will not be responsible for the licensee's failure to receive notices, communications, and correspondence caused by the licensee's failure to promptly notify the board in writing of any change of name or address or for any other reason beyond the control of the board. The name of the school must indicate that it is an educational institution. All signs or other advertisements must reflect the name as indicated on the license issued by the board and contain language indicating it is an educational institution.

C. Whenever the legal business entity holding the license is dissolved or altered to form a new business entity, the original license becomes void . The firm must notify the board, apply for a new license within 30 days of the change in the business entity, and destroy the license. Such changes include:

Death of a sole proprietor;
Death or withdrawal of a general partner in a general partnership or the managing partner in a limited partnership; and
Conversion, formation, or dissolution of a corporation, a limited liability company, an association, or any other business entity recognized under the laws of the Commonwealth of Virginia.

F. The board or any of its agents must be allowed to inspect during reasonable hours any licensed school for compliance with provisions of Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia or this chapter.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; amended, Virginia Register Volume 39, Issue 22, eff. September 1, 2023; Volume 42, Issue 8, eff. January 5, 2026.

18VAC41-50-110 General requirements for a tattooing, permanent cosmetic tattooing, or master permanent cosmetic tattooing instructor certificate

A. Any individual wishing to engage in tattoo, permanent cosmetic tattoo, or master permanent cosmetic tattoo instruction must meet the following qualifications:

The applicant must be in good standing as a licensed tattooer, permanent cosmetic tattooer, master permanent cosmetic tattooer, or instructor, respectively, in every jurisdiction where licensed, certified, or registered. The applicant must provide a copy of any disciplinary action taken in Virginia and all other jurisdictions to the board at the time of application for certification since being previously licensed as a tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer. This includes monetary penalties, fines, probation, suspensions, revocations, surrender of a license or certification in connection with a disciplinary action, or voluntary termination of a license or certification.

Upon review of the applicant's prior disciplinary action, the board, in its discretion, may deny certification to any applicant whom the board deems unfit or unsuited to engage in the instruction of tattooing, permanent cosmetic tattooing, or master permanent cosmetic tattooing.

In accordance with § 54.1-204 of the Code of Virginia, each applicant must disclose all felony convictions in Virginia and all other jurisdictions since being previously licensed as a tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer within 10 years of the date of application.

The board, in its discretion, may deny certification to any applicant in accordance with § 54.1-204 of the Code of Virginia.

The applicant must hold and maintain a current Virginia tattooer license, permanent cosmetic tattooer license, or master permanent cosmetic tattooer license in the respective profession.
The applicant must provide documentation of legally tattooing, permanent cosmetic tattooing, or master permanent cosmetic tattooing for at least three years in Virginia or any other state or jurisdiction of the United States; and
The applicant must complete one of the following qualifications:

a. Pass a course on teaching techniques in a post-secondary education level; or

b. Train , as a licensed temporary student instructor, under a tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer instructor in the respective profession for 12 months.

B. Certified instructors may teach in any profession in which they hold the underlying license.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; amended, Virginia Register Volume 39, Issue 22, eff. September 1, 2023; Volume 42, Issue 8, eff. January 5, 2026.

18VAC41-50-120 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; amended, Virginia Register Volume 39, Issue 22, eff. September 1, 2023; repealed, Virginia Register Volume 42, Issue 8, eff. January 5, 2026.

18VAC41-50-125 Student instructor temporary license

A. A licensed tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer may be granted a 12-month student instructor temporary license to function under the direct supervision of a certified instructor in a licensed school. No subsequent student instructor temporary license will be issued. Student instructors must pass an instructor examination administered by the board or by a testing service acting on behalf of the board.

B. Student instructors may teach in any profession in which they hold the underlying license. Failure to maintain a tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer license will disqualify an individual from holding a student instructor temporary license.

C. Certified tattoo instructors may also supervise permanent cosmetic tattoo and master permanent cosmetic tattoo student instructor temporary license holders. Certified master permanent cosmetic tattoo instructors may also supervise permanent cosmetic tattoo student instructor temporary license holders.

D. The student instructor temporary license holder must be associated with both a school and a direct supervisor.

E. Temporary licenses may not be issued where grounds may exist to deny a license pursuant to § 54.1-204 of the Code of Virginia or 18VAC41-50-110.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 5, 2026.

Part III Fees

18VAC41-50-130 Fees

The following fees apply. All fees are nonrefundable and will not be prorated.

| FEE TYPE | AMOUNT DUE | WHEN DUE | | --- | --- | --- | | Individuals: | | | | Application | $120 | With application | | License by Endorsement | $120 | With application | | Renewal | $120 | With renewal card prior to expiration date | | Reinstatement | $240* includes $120 renewal fee and $120 reinstatement fee | With reinstatement application | | Instructor Certificate: | | | | Application | $140 | With application | | License by Endorsement | $140 | With application | | Renewal | $45 | With renewal card prior to expiration date | | Reinstatement | $90 includes $45 renewal fee and $45 reinstatement fee | With reinstatement application | | Parlors or salons: | | | | Application | $220 | With application | | Renewal | $220 | With renewal card prior to expiration date | | Reinstatement | $440 includes $220 renewal fee and $220 reinstatement fee | With reinstatement application | | Schools: | | | | Application | $250 | With application | | Renewal | $250 | With renewal card prior to expiration date | | Reinstatement | $500 *includes $250 renewal fee and $250 reinstatement fee | With reinstatement application |

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; amended, Virginia Register Volume 27, Issue 23, eff. September 1, 2011; Volume 30, Issue 10, eff. March 1, 2014; Volume 32, Issue 24, eff. September 1, 2016; Volume 34, Issue 22, eff. August 1, 2018; Volume 36, Issue 21, eff. September 1, 2020; Volume 38, Issue 25, eff. September 1, 2022; Volume 39, Issue 22, eff. September 1, 2023; Volume 41, Issue 22, eff. August 1, 2025; Volume 42, Issue 8, eff. January 5, 2026.

18VAC41-50-140 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; repealed, Virginia Register Volume 42, Issue 8, eff. January 5, 2026.

Part IV Renewal and Reinstatement

18VAC41-50-150 License renewal required

A. Tattooer licenses, tattoo parlor licenses, tattooing instructors certificates, tattooing schools licenses, permanent cosmetic tattooer licenses, master permanent cosmetic tattooer licenses, permanent cosmetic tattoo salon licenses, permanent cosmetic tattooing instructor certificate, master permanent cosmetic tattooing instructor certificates, and permanent cosmetic tattooing schools licenses will expire two years from the last day of the month in which they were issued.

B. Guest tattooer licenses will expire 14 days after the effective date of the license and may not be renewed.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; amended, Virginia Register Volume 39, Issue 22, eff. September 1, 2023; Volume 42, Issue 8, eff. January 5, 2026.

18VAC41-50-160 Continuing education requirement

All licensed tattooers, permanent cosmetic tattooers, and master permanent cosmetic tattooers must satisfactorily complete board-approved health education to include (i) bloodborne disease, sterilization, and aseptic techniques related to tattooing and (ii) first aid during their licensed term. Documentation of training completion must be provided at the time of renewal along with the required fee.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; amended, Virginia Register Volume 39, Issue 22, eff. September 1, 2023; Volume 42, Issue 8, eff. January 5, 2026.

18VAC41-50-170 Notice of renewal

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; amended, Virginia Register Volume 42, Issue 8, eff. January 5, 2026.

18VAC41-50-180 Failure to renew

A. When an individual or business entity fails to renew its license or certificate within 30 days following the expiration date of the license or certificate, the licensee or certificate holder who intends to remain licensed or certified must meet the continuing education requirements as prescribed in 18VAC41-50-160 and pay the reinstatement fees.

B. When an individual or business entity fails to renew its license or certification within two years following the expiration date, reinstatement is no longer possible. To resume practice:

The former licensee or certificate holder must apply for licensure or certification as a new applicant and meet all current entry requirements for each respective license or certificate. Individual licensees failing to renew must provide documentation of completion of board-approved health education to include (i) bloodborne pathogens, sterilization, and aseptic techniques related to tattooing and (ii) first aid.
An individual previously licensed in Virginia for a minimum of three years must (i) submit a new application; (ii) submit documentation of completion of board-approved health education to include (a) bloodborne pathogens, sterilization, and aseptic techniques related to tattooing and (b) first aid; and (iii) pass the required examination.

C. When a licensed school fails to renew its license within 30 days following its expiration date, the licensee must pay the reinstatement fee.

After 180 days, the school must submit a reinstatement application and provide (i) the reasons for failing to renew prior to the expiration date, and (ii) a statement that all students currently enrolled or seeking to enroll at the school have been notified in writing that the school's license has expired. All of these materials shall be called the application package. After 180 days, reinstatement will be considered by the board if the school consents to and satisfactorily passes an inspection of the school. Pursuant to 18VAC41-50-100 and 18VAC41-50-230, upon receipt of the reinstatement fee, application package, and inspection results, the board may reinstate the school's license or require requalification .
If the reinstatement application package and reinstatement fee are not received by the board within six months following the expiration date of the school's license, the board will notify the testing service that prospective graduates of the unlicensed school are not acceptable candidates for the examination. Such notification will be sent to the school and must be displayed in a conspicuous manner by the school in an area that is accessible to the public. No student will be disqualified from taking the examination because the school was not licensed for a portion of the time the student attended if the school license is reinstated by the board.

D. The date a renewal fee is received by the Department of Professional and Occupational Regulation, or its agent, will be used to determine whether the requirement for reinstatement of a license is applicable and an additional fee is required.

E. When a license or certificate is reinstated, the licensee or certificate holder will be assigned an expiration date two years from the date of the last day of the month of reinstatement.

F. A licensee or certificate holder that reinstates its license or certificate will be regarded as having been continuously licensed without interruption. Therefore, a licensee or certificate holder will be subject to the authority of the board for activities performed prior to reinstatement.

G. A licensee or certificate holder that fails to reinstate its license or certificate will be regarded as unlicensed or uncertified from the expiration date of the license or certificate forward. Nothing in this chapter divests the board of its authority to discipline a licensee or certificate holder for a violation of the law or regulations during the period of time for which the individual was licensed or certified.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; amended, Virginia Register Volume 39, Issue 22, eff. September 1, 2023; Volume 39, Issue 22, eff. October 1, 2023; Volume 42, Issue 8, eff. January 5, 2026.

Part V Apprenticeship Programs

18VAC41-50-190 General requirements

A. Any person desiring to enroll in the tattooing apprenticeship program will be required to provide documentation of satisfactory completion of board-approved health education to include (i) bloodborne disease, sterilization, and aseptic techniques related to tattooing and (ii) first aid .

B. Any tattooer desiring approval to perform the duties of an apprenticeship sponsor and offer the board's tattooing apprenticeship program must meet the requirements of 18VAC41-50-70.

C. All apprenticeship training must be conducted in a tattoo parlor that has met the requirements of 18VAC41-50-80.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; amended, Virginia Register Volume 42, Issue 8, eff. January 5, 2026.

18VAC41-50-200 Apprenticeship curriculum requirements

Apprenticeship curriculum requirements are as follows:

Microbiology.

a. Microorganisms, viruses, bacteria, fungi;

b. Transmission cycle of infectious diseases; and

c. Characteristics of antimicrobial agents.

Immunization.

a. Types of immunizations;

b. Hepatitis A through G transmission and immunization;

c. HIV/AIDS;

d. Tetanus, streptococcal, zoonotic, tuberculosis, pneumococcal, and influenza;

e. Measles, mumps, and rubella;

f. Vaccines and immunization; and

g. General preventative measures to be taken to protect the tattooer and client.

Sanitation and disinfection.

a. Definition of terms.

(1) Sterilization;

(2) Disinfection and disinfectant;

(3) Sterilizer or sterilant;

(4) Antiseptic;

(5) Germicide;

(6) Decontamination; and

(7) Sanitation.

b. The use of steam sterilization equipment and techniques;

c. The use of chemical agents, antiseptics, disinfectants, and fumigants;

d. The use of sanitation equipment;

e. Preservice sanitation procedure; and

f. Post-service sanitation procedure.

Safety.

a. Proper needle handling and disposal;

b. How to avoid overexposure to chemicals;

c. The use of Safety Data Sheets;

d. Blood spill procedures;

e. Equipment and instrument storage; and

f. First aid .

Bloodborne pathogen standards.

a. Occupational Safety and Health Administration (OSHA) and Centers for Disease Control and Prevention (CDC) bloodborne pathogen standards;

b. Control plan for bloodborne pathogens;

c. Exposure control plan for tattooers;

d. Overview of compliance requirements; and

e. Disorders and when not to service a client.

Professional standards.

a. History of tattooing;

b. Ethics;

c. Recordkeeping:

(1) Client health history;

(2) Consent forms; and

(3) HIPAA (Health Insurance Portability and Accountability Act of 1996 Privacy Rule) Standards.

d. Preparing station, making appointments, parlor ethics:

(1) Maintaining professional appearance and notifying clients of schedule changes; and

(2) Promoting services of the parlor and establishing clientele.

e. Parlor management:

(1) Licensing requirements; and

(2) Taxes.

f. Supplies:

(1) Usages;

(2) Ordering; and

(3) Storage.

Tattooing.

a. Client consultation;

b. Client health form;

c. Client disclosure form;

d. Client preparation;

e. Sanitation and safety precautions;

f. Implement selection and use;

g. Proper use of equipment;

h. Material selection and use;

i. Needles;

j. Ink;

k. Machine:

(1) Construction;

(2) Adjustment; and

(3) Power supply;

l. Art, drawing; and

m. Portfolio.

Anatomy:

a. Understanding of skin; and

b. Parts and functions of skin.

Virginia tattooing laws and regulations.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; amended, VIrginia Register Volume 42, Issue 8, eff. January 5, 2026.

18VAC41-50-210 Hours of instruction and performances

A. Curriculum requirements specified in 18VAC41-50-200 must be taught over a minimum of 1500 hours as follows:

350 hours must be devoted to theory pertaining to subdivisions 1, 2, 4, 5, 6, 8, and 9 of 18VAC41-50-200;
150 hours must be devoted to theory pertaining to subdivision 3 of 18VAC41-50-200; and
The remaining 1,000 hours must be devoted to practical training to include apprenticeship curriculum requirements and a minimum of 100 performances pertaining to subdivision 7 of 18VAC41-50-200.

B. An approved tattooing apprenticeship program may conduct an assessment of an apprentice's competence in the theory and practical requirements for tattooing and, based on the assessment, give a maximum of 700 hours of credit toward the requirements in subdivisions A 1 and A 3 of this section. No credit shall be allowed for the 150 hours required in subdivision A 2 of this section.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; amended, Virginia Register Volume 39, Issue 22, eff. September 1, 2023; Volume 42, Issue 8, eff. January 5, 2026.

Part VI Tattooing and Permanent Cosmetic Tattooing Schools

18VAC41-50-220 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; repealed, Virginia Register Volume 42, Issue 8, eff. January 5, 2026.

18VAC41-50-230 General requirements

A. A tattooing and permanent cosmetic tattooing school must:

Hold a tattooing or permanent cosmetic tattooing school license for each and every location. Any suites or classrooms that are located in a different building or are further than 500 feet from the main office are considered a separate location and require the school hold an additional license.
Hold a parlor or salon license if the school receives compensation for services provided in its clinic.
Employ , and ensure all training is conducted under the direct supervision of, licensed and certified tattooing, permanent cosmetic tattooing, or master permanent cosmetic tattooing instructors, respectively. A list of all certified instructors must be provided with the application for licensure.

a. Licensed and certified tattoo instructors may also instruct permanent cosmetic tattooing and master permanent cosmetic tattooing programs.

b. Licensed and certified master permanent cosmetic instructors may also instruct permanent cosmetic tattooing programs.

c. Any change in instructors must be reported to the board within 30 days of the change.

Develop individuals for entry-level competency in tattooing, permanent cosmetic tattooing, or master permanent cosmetic tattooing.
Submit its curricula for board approval. All changes to curricula must be resubmitted and approved by the board.

a. Tattoo curricula must be based on a minimum of 1,000 clock or equivalent credit hours and must include performances in accordance with 18VAC41-50-290 A.

b. Permanent cosmetic tattoo curricula must be based on a minimum of 200 clock or equivalent credit hours and must include performances in accordance with 18VAC41-50-290 C.

c. Master permanent cosmetic tattoo curricula must be based on a minimum of 200 clock or equivalent credit hours and must include performances in accordance with 18VAC41-50-290 D.

Inform the public that all services are performed by students if the tattooing or permanent cosmetic tattooing school receives compensation for services provided in its clinic by posting a notice in the reception area of the parlor or salon in plain view of the public.
Conduct classroom instruction in an area separate from the area where practical instruction is conducted and services are provided. A sketch of the school floor plan must be included in the application for licensure.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; amended, Virginia Register Volume 39, Issue 22, eff. September 1, 2023; Volume 42, Issue 8, eff. January 5, 2026.

18VAC41-50-240 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; repealed, Virginia Register Volume 39, Issue 22, eff. September 1, 2023.

18VAC41-50-250 Records

Enrollment application containing the student's signature and a two-inch-by-two-inch color head and shoulders photograph;
Daily record of attendance containing the student's signature;
Student clock hours containing the student's signature and method of calculation;
Practical performance completion sheets containing the student's signature;
Final transcript;
Course descriptions; and
All other relevant documents that account for a student's accrued clock hours and practical applications.

D. Prior to a school changing ownership or a school closing, the schools are required to provide to current students documentation of hours and performances completed.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; amended, Virginia Register Volume 39, Issue 22, eff. September 1, 2023; Volume 42, Issue 8, eff. January 5, 2026.

18VAC41-50-255 Reporting

A. Each school must provide student rosters to the board quarterly, no later than January 15, April 15, July 15, and October 15 of every year.

Each school must provide a roster of all enrolled students and a roster of students who attended in the six months prior to the reporting deadline.
Students who are enrolled but have not begun classes must be included in the report.

C. Schools with no students enrolled, but the intention of operating, must submit a report to that effect.

D. Schools with no students enrolled that no longer wish to operate should terminate licensure in accordance with board regulations.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 5, 2026.

18VAC41-50-260 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; repealed, Virginia Register Volume 39, Issue 22, eff. September 1, 2023.

18VAC41-50-270 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; repealed, Virginia Register Volume 39, Issue 22, eff. September 1, 2023.

18VAC41-50-280 Tattooing and permanent cosmetic tattooing school curriculum requirements

A. Any person desiring to enroll in a tattooing or permanent cosmetic tattooing school will be required to provide documentation of satisfactory completion of board-approved health education to include (i) bloodborne disease, sterilization, and aseptic techniques related to tattooing and (ii) first aid.

B. Each tattoo or permanent cosmetic tattoo school must submit with its application a curriculum, including a course syllabus, a detailed course content outline, a copy of any course text, a sample of five lesson plans, a sample of evaluation methods to be used, days and hours of instruction, program length, a sample of a final transcript, a breakdown of hours and performances for all courses to be taught that will lead to licensure , and a sample test of at least 25 questions that will be administered to students, including answer key.

C. The outline for tattooing must include the following:

Microbiology - minimum of 100 hours of instruction.

a. Microorganisms, viruses, bacteria, fungus;

b. Transmission cycle of infectious diseases; and

c. Characteristics of antimicrobial agents.

Immunization - minimum of 50 hours of instruction.

a. Types of immunizations;

b. Hepatitis A through G transmission and immunization;

c. HIV/AIDS;

d. Tetanus, streptococcal, zoonotic, tuberculosis, pneumococcal, and influenza;

e. Measles, mumps, and rubella;

f. Vaccines and immunization; and

g. General preventative measures to be taken to protect the tattooer and client.

Sanitation and disinfection - minimum of 150 hours of instruction.

a. Definition of terms:

(1) Sterilization;

(2) Disinfection and disinfectant;

(3) Sterilizer or sterilant;

(4) Antiseptic;

(5) Germicide;

(6) Decontamination; and

(7) Sanitation;

b. The use of steam sterilization equipment and techniques;

c. The use of chemical agents, antiseptics, disinfectants, and fumigants;

d. The use of sanitation equipment;

e. Preservice sanitation procedure; and

f. Postservice sanitation procedure.

Safety - minimum of 50 hours of instruction.

a. Proper needle handling and disposal;

b. How to avoid overexposure to chemicals;

c. The use of Safety Data Sheets;

d. Blood spill procedures;

e. Equipment and instrument storage; and

f. First aid .

Bloodborne pathogen standards - minimum of 50 hours of instruction.

a. Occupational Safety and Health Administration (OSHA) and Centers for Disease Control and Prevention (CDC) bloodborne pathogen standards;

b. Control plan for bloodborne pathogens;

c. Exposure control plan for tattooers;

d. Overview of compliance requirements; and

e. Disorders and when not to service a client.

Professional standards - minimum of 30 hours of instruction.

a. History of tattooing;

b. Ethics;

c. Recordkeeping:

(1) Client health history;

(2) Consent forms; and

(3) HIPAA (Health Insurance Portability and Accountability Act of 1996 Privacy Rule) Standards;

d. Preparing station, making appointments, parlor ethics:

(1) Maintaining professional appearance, notifying clients of schedule changes; and

(2) Promoting services of the parlor and establishing clientele;

e. Parlor management:

(1) Licensing requirements; and

(2) Taxes; and

f. Supplies:

(1) Usages;

(2) Ordering; and

(3) Storage.

Tattooing - minimum of 500 hours of instruction.

a. Client consultation;

b. Client health form;

c. Client disclosure form;

d. Client preparation;

e. Sanitation and safety precautions;

f. Implement selection and use;

g. Proper use of equipment;

h. Material selection and use;

i. Needles:

(1) Groupings;

(2) Properties; and

(3) Making;

j. Ink;

k. Machine:

(1) Construction;

(2) Adjustment; and

(3) Power supply;

l. Art, drawing; and

m. Portfolio.

Anatomy - minimum of 60 hours of instruction.

a. Understanding of skin; and

b. Parts and functions of skin.

Virginia tattooing laws and regulations - minimum of 10 hours of instruction.

D. The outline for permanent cosmetic tattooing must include the following:

Virginia tattooing laws and regulations - minimum of five hours of instruction.
Machines and devices - minimum of 15 hours of instruction:

a. Coil or rotary machine;

b. Hand device; and

c. Other devices.

Needles and cartridges - minimum of 10 hours of instruction:

a. Types;

b. Uses; and

c. Application.

Anatomy - minimum of 10 hours of instruction:

a. Layers of skin;

b. Parts and functions of skin; and

c. Diseases.

Color theory - minimum of five hours of instruction:

a. Skin and pigment color; and

b. Handling and storage of pigments.

Transmission cycle of infectious diseases - minimum of five hours of instruction.
Immunization - minimum of five hours of instruction:

a. Types of immunizations; and

b. General preventative measures to be taken to protect the tattooer and client.

Sanitation and disinfection - minimum of 15 hours of instruction:

a. Definition of terms:

(1) Sterilization;

(2) Disinfection and disinfectant;

(3) Sterilizer or sterilant;

(4) Antiseptic;

(5) Germicide;

(6) Decontamination; and

(7) Sanitation;

b. The use of steam sterilization equipment and techniques;

c. The use of chemical agents, antiseptics, and disinfectants;

d. The use of sanitation equipment;

e. Preservice sanitation procedure; and

f. Postservice sanitation procedure.

Safety - minimum of five hours of instruction:

a. Proper needle handling and disposal;

b. Blood spill procedures;

c. Equipment and instrument storage; and

d. First aid.

Bloodborne pathogen standards - minimum of five hours of instruction:

a. OSHA and CDC bloodborne pathogen standards;

b. Overview of compliance requirements; and

c. Disorders and when not to service a client.

Anesthetics - minimum of 10 hours of instruction:

a. Use;

b. Types;

c. Application; and

d. Removal.

Equipment - minimum of five hours of instruction:

a. Gloves;

b. Masks;

c. Apron;

d. Chair;

e. Lighting; and

f. Work table.

Professional standards - minimum of five hours of instruction:

a. History of permanent cosmetic tattooing;

b. Ethics;

c. Recordkeeping:

(1) Client health history; and

(2) Consent forms;

d. Preparing station, making appointments, and salon ethics:

(1) Maintaining professional appearance and notifying clients of schedule changes; and

(2) Promoting services of the salon and establishing clientele; and

e. Salon management:

(1) Licensing requirements; and

(2) Taxes.

Permanent cosmetic tattooing - minimum of 100 hours of instruction:

a. Client consultation;

b. Client health form;

c. Client disclosure form;

d. Client preparation;

e. Drawing and mapping;

f. Sanitation and safety precautions;

g. Implement selection and use;

h. Proper use of equipment;

i. Material selection and use;

j. Eyebrows;

k. Microblading;

l. Eyeliner;

m. Lip coloring;

n. Lip liners; and

o. Scalp micropigmentation.

E. The outline for master permanent cosmetic tattooing must include the following:

Virginia tattooing laws and regulations - minimum of five hours of instruction.
Machines and devices - minimum of five hours of instruction:

a. Coil or rotary machine;

b. Hand device; and

c. Other devices.

Needles and cartridges - minimum of five hours of instruction:

a. Types;

b. Uses; and

c. Application.

Advanced practical clinical anatomy - minimum of 10 hours of instruction:

a. Eyelid anatomy;

b. Lip anatomy; and

c. Breast anatomy.

Advanced color theory - minimum of 10 hours of instruction.
Organic and inorganic pigment - minimum of five hours of instruction.
Understanding the surgical process - minimum of five hours of instruction:

a. The latissimus dorsi flap procedure;

b. Abdominoplasty and breast reconstruction;

c. Other reconstruction procedures:

(1) Deep inferior epigastric artery (perforator DIEP) flap; and

(2) Superior gluteal artery (perforator DIEP) flap;

d. Flap size versus areola size; and

e. Implant reconstruction:

(1) Tissue expansion;

(2) Placing the implant;

(3) Implant versus flap reconstruction;

(4) Saline versus silicone;

(5) Radiation therapy; and

(6) Lymphedema.

Client consultation - minimum of 10 hours of instruction.
Breast areolar pigmentation - minimum of 10 hours of instruction:

a. Chart notes;

b. Health Insurance Portability and Accountability Act (HIPAA);

c. Room setup;

d. Anesthetic for breast procedures;

e. Color selection;

f. Needle selection;

g. Design and placement:

(1) Position of the areola or nipple complex;

(2) The Penn Triangle;

(3) Diameter of the areola; and

(4) Nipple reconstruction;

h. Creating three-dimensional nipple or areola:

(1) Understanding and creating a reflection of light; and

(2) The value of color;

i. Covering scar tissue and periareolar scar blending;

j. Aftercare:

(1) Tegaderm aftercare instructions; and

(2) Follow up; and

k. Precautions and contraindications.

Skin cancer - minimum of five hours of instruction:

a. Basal cell carcinomas;

b. Squamous cell carcinomas; and

c. Melanoma.

The art of camouflage - minimum of 10 hours of instruction:

a. Client or patient selection and handling;

b. Contraindications and when not to perform services;

c. Skin tones;

d. Color selection and skin tone matching;

e. Scars;

f. Burn scars; and

g. Common needle configurations used for camouflage.

Side effects - minimum of five hours of instruction.
Insurance - minimum of five hours of instruction.
Master permanent cosmetic tattooing procedures - minimum of 110 hours of instruction:

a. Lip;

b. Areola;

c. Blush;

d. Camouflage; and

e. Eyeshadow.

F. A licensed tattoo or permanent cosmetic tattoo school may conduct an assessment of a transfer student's competence in the respective profession and, based on the assessment, give credit toward the hours requirements specified in this section and 18VAC41-50-290. A licensed tattooing or permanent cosmetic tattooing school with an approved master permanent cosmetic tattooing program may conduct an assessment of a transfer student's competence in master permanent cosmetic tattooing and, based on the assessment, give credit toward the requirements specified in subsection E of this section and 18VAC41-50-290 D.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; amended, Virginia Register Volume 39, Issue 22, eff. September 1, 2023; Volume 42, Issue 8, eff. January 5, 2026.

18VAC41-50-290 Hours of instruction and performances

A. Tattooing curriculum requirements specified in 18VAC41-50-280 C must be taught over a minimum of 1,000 hours as follows:

350 hours must be devoted to theory pertaining to 18VAC41-50-280 C 1, 2, 4, 5, 6, 8, and 9;
150 hours must be devoted to theory pertaining to 18VAC41-50-280 C 3; and
The remaining 500 hours must be devoted to practical training to include tattooing curriculum requirements and a minimum of 100 performances pertaining to 18VAC41-50-280 C 7.

B. Curriculum and performance requirements specified in 18VAC41-50-280 D and E must be taught over a minimum of 200 clock hours for permanent cosmetic tattooing program and 200 clock hours for a master permanent cosmetic tattooing program.

C. A minimum of 60 performances must be completed as part of the permanent cosmetic tattooing instruction, including:

| Eyebrow | 10 performances | | --- | --- | | Microblading | 10 performances | | Lip Liner | five performances | | Lip Color | five performances | | Eyeliner | 10 performances | | Scalp micropigmentation | 20 performances |

D. A minimum of 55 performances must be completed as part of the master permanent cosmetic tattooing instruction, including:

| Lip (cleft lip repigmentation) | five performances | | --- | --- | | Areola | 10 performances | | Blush application | 10 performances | | Camouflage | 10 performances | | Scar repigmentation | 10 performances | | Eyeshadow | 10 performances |

E. Completion of performances are determined as follows:

Two complete eyebrows constitutes one performance;
Two complete eye liners constitutes one performance;
One complete lip liner (bottom or top lip separately) constitutes one performance;
One complete lip color (bottom or top lip separately) constitutes one performance; and
Two complete eyeshadows constitute one performance.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; amended, Virginia Register Volume 39, Issue 22, eff. September 1, 2023; Volume 42, Issue 8, eff. January 5, 2026.

Part VII Permanent Cosmetic Tattooing Schools [Repealed]

18VAC41-50-300 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; repealed, Virginia Register Volume 42, Issue 8, eff. January 5, 2026.

18VAC41-50-310 (Repealed.)

History

Historical Notes: Derived from Volume 22, Issue 25, eff. October 1, 2006; amended, Virginia Register Volume 39, Issue 22, eff. September 1, 2023; Volume 42, Issue 8, eff. January 5, 2026.

18VAC41-50-320 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; repealed, Virginia Register Volume 39, Issue 22, eff. September 1, 2023.

18VAC41-50-330 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; repealed, Virginia Register Volume 42, Issue 8, eff. January 5, 2026.

18VAC41-50-340 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; repealed, Virginia Register Volume 39, Issue 22, eff. September 1, 2023.

18VAC41-50-350 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; repealed, Virginia Register Volume 39, Issue 22, eff. September 1, 2023.

18VAC41-50-360 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; amended, Virginia Register Volume 39, Issue 22, eff. September 1, 2023; repealed, Virginia Register Volume 42, Issue 8, eff. January 5, 2026.

18VAC41-50-370 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; amended Virginia Register Volume 39, Issue 22, eff. September 1, 2023; repealed, Virginia Register Volume 42, Issue 8, eff. January 5, 2026.

Part VIII Standards of Practice

18VAC41-50-380 Display of license

A. The responsible management for each parlor , salon , or school must ensure that all current licenses and certificates issued by the board are displayed in plain view of the public either in the reception area or at individual work stations of the parlor, salon, or school. Duplicate licenses and certificates must be posted in a similar manner in every parlor , salon, or school location where the licensee provides services.

B. The responsible management for each parlor , salon , or school must ensure that no licensee, apprentice, or student performs any service beyond the scope of practice for the applicable license.

C. The responsible management for each tattoo parlor or permanent cosmetic tattoo salon must offer to licensees the full series of Hepatitis B vaccine. This requirement applies to any school that receives compensation for services provided in its clinic.

D. The responsible management for each tattoo parlor or permanent cosmetic tattoo salon must maintain a record for each licensee of one of the following:

Proof of completion of the full series of Hepatitis B vaccine;
Proof of immunity by blood titer; or
Written declaration of refusal of the responsible management's offer of a full series of Hepatitis B vaccine.

The requirement of this subsection applies to any school that receives compensation for services provided in its clinic.

E. All licensees must operate under the name in which the license is issued.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; amended, Virginia Register Volume 39, Issue 22, eff. September 1, 2023; Volume 42, Issue 8, eff. January 5, 2026.

18VAC41-50-390 Sanitation and safety standards

A. A parlor , salon, or school located in a permanent building or structure must be in a location permissible under local zoning codes, if any. A parlor , salon, or school must be separated from any living quarters by complete floor to ceiling partitioning and must contain no access to living quarters. Mobile parlors and salons must be stationary while providing services and may not operate where prohibited by local ordinance.

B. The parlor, salon, school, or temporary location must be maintained in a clean and orderly manner.

C. All facilities must have a blood spill clean-up kit in the work area that contains at minimum latex gloves, two 12-inch-by-12-inch towels, one disposable trash bag, bleach, one empty spray bottle, and one mask with face shield or any Occupational Safety and Health Administration approved blood spill clean-up kit.

D. Work surfaces must be cleaned with a U.S. Environmental Protection Agency (EPA) registered, hospital-grade disinfectant. Surfaces that come in contact with blood or other body fluids must be immediately disinfected with an EPA-registered germicide solution. Appropriate personal protective equipment must be worn during cleaning and disinfecting procedures.

E. Cabinets for the storage of instruments, pigments, single-use articles, stencils, and other utensils must be provided for each operator and must be maintained in a sanitary manner.

F. Bulk single-use articles must be commercially packaged and handled in such a way as to protect them from contamination.

G. All materials applied to the human skin must be from single-use articles or transferred from bulk containers to single-use containers and must be disposed of after each use.

H. The walls, ceilings, and floors must be kept in good repair. The tattooing area must be constructed of smooth, hard surfaces that are nonporous, free of open holes or cracks, light colored, and easily cleaned. New parlors, salons, and schools must not include any dark-colored surfaces in the tattooing area. Existing parlors , salons, or schools with dark-colored surfaces in the tattooing area must replace the dark-colored surfaces with light-colored surfaces whenever the facilities are extensively remodeled or upon relocation of the business.

I. Parlors, salons, schools, or temporary locations must have adequate lighting of at least 50-foot candles of illumination in the tattooing and sterilization areas.

J. Adequate mechanical ventilation must be provided in the parlor.

K. Each parlor, salon, school, or temporary location must be equipped with hand-cleaning facilities for its personnel with unobstructed access to the tattooing area such that the tattooer can return to the area without having to touch anything with the tattooer's hands. Hand-cleaning facilities must be equipped either with hot and cold or tempered running water under pressure and liquid germicidal soap or with a sanitizing solution to clean hands. Hand-cleaning facilities must be equipped with single-use towels or mechanical hand drying devices and a covered refuse container.

L. Animals are not permitted in the parlor, salon, school, or temporary location, except for guide or service animals accompanying persons with disabilities or nonmammalian animals in enclosed glass containers, such as fish aquariums, which must be outside of the tattooing or sterilization areas. No animals are allowed in the tattooing or sterilization areas.

M. Use of tobacco products and consumption of alcoholic beverages must be prohibited in the tattooing or sterilization areas.

N. No food or drink will be stored or consumed in the tattooing or sterilization areas, except for client's use in order to sustain optimal physical condition; such food and drink must be individually packaged.

O. If tattooing is performed where cosmetology services are provided, it must be performed in an area that is separate and enclosed.

P. All steam sterilizers must be biological spore tested at least monthly.

Q. Biological spore tests must be verified through an independent laboratory.

R. Biological spore test records must be retained for a period of three years and made available upon request.

S. Steam sterilizers must be used only for instruments used by the parlor's employees.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; amended, Virginia Register Volume 39, Issue 22, eff. September 1, 2023; Volume 42, Issue 8, eff. January 5, 2026.

18VAC41-50-400 Tattooer or permanent cosmetic tattooer or master permanent cosmetic tattooer responsibilities

A. All tattooers must provide to the responsible management with one of the following:

Proof of completion of the full series of Hepatitis B vaccine;
Proof of immunity by blood titer; or
Written declaration of refusal of the responsible management's offer of a full series of Hepatitis B vaccine.

B. All tattooers must wear clean outer garments, maintain a high degree of personal cleanliness, and conform to hygienic practices while on duty.

C. All tattooers must clean their hands thoroughly using hot or tempered water with a liquid germicidal soap or use sanitizing solution to clean hands before and after tattooing and as necessary to remove contaminants.

D. All tattooers must wear single-use examination gloves while assembling tattooing instruments and while tattooing.

E. Each time there is an interruption in the service, the gloves become torn or perforated, or whenever the ability of the gloves to function as a barrier is compromised:

Gloves must be removed and disposed of; and
Hands must be cleaned and a fresh pair of gloves used.

F. Tattooers must use standard precautions while tattooing. A tattooer diagnosed with a communicable disease must provide to the Department of Professional and Occupation Regulation a written statement from a health care practitioner that the tattooer's condition no longer poses a threat to public health.

G. Tattooers with draining lesions on their hands or face will not be permitted to work until cleared by a health care professional.

H. The area of the client's skin to be tattooed must be cleaned with an approved germicidal soap according to label directions.

I. Tattooing pigments must be placed in a single-use disposable container for each client. Following the procedure, the unused contents and container will be properly disposed of.

J. If shaving is required, razors must be single-use. After use, razors must be recapped and properly disposed of.

K. Each tattooer performing any tattooing procedures in the parlor or salon must have the education, training, and experience, or any combination thereof to practice aseptic technique and prevent the transmission of bloodborne pathogens. All procedures must be performed using aseptic technique.

L. Multiuse instruments, equipment, furniture, and surfaces that may be contaminated during the tattooing process must be covered or wrapped in a nonporous disposable barrier. This barrier must be removed and disposed of after each service.

M. After the disposable barrier is removed, covered items must be wiped down with a U.S. Environmental Protection Agency registered disinfectant that is bactericidal, virucidal, and fungicidal.

N. A set of individual, sterilized needles must be used for each client. Single-use disposable instruments shall be disposed of in a puncture-resistant container.

O. Used, nondisposable instruments, such as stainless steel tubes, tips, and grips, must be kept in a separate, puncture-resistant container until brush scrubbed in hot water soap and then sterilized by autoclaving. Contaminated instruments must be handled with disposable gloves.

P. Used nondisposable instruments that are ultrasonically cleaned must be rinsed under running hot water prior to being placed in the used instrument container.

Q. Used nondisposable instruments that are not ultrasonically cleaned prior to being placed in the used instrument container must be kept in a germicidal or soap solution until brush scrubbed in hot water and soap and sterilized by autoclaving.

R. The ultrasonic unit must be sanitized daily with a germicidal solution.

S. Nondisposable instruments must be sterilized and shall be handled and stored in a manner to prevent contamination. Instruments to be sterilized must be sealed in bags made specifically for the purpose of autoclave sterilization and must include the date of sterilization. If nontransparent bags are utilized, the bag must also list the contents.

T. Autoclave sterilization bags with a color code indicator that changes color upon proper sterilization must be utilized during the autoclave sterilization process.

U. Nondisposable instruments must be placed in the autoclave in a manner to allow live steam to circulate around them.

V. A sealed, puncture-proof dirty tube receptacle with cool, liquid sterilant must be maintained in the biohazard or cleanup room.

W. Sharps containers must be located within reach of the tattooing area.

X. Contaminated disposable and single-use items must be disposed of in accordance with federal and state regulations regarding disposal of biological hazardous materials.

Y. The manufacturer's written instructions of the autoclave must be followed.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; amended, Virginia Register Volume 39, Issue 22, eff. September 1, 2023; Volume 42, Issue 8, eff. January 5, 2026.

18VAC41-50-410 Client qualifications, disclosures, and records

A. Except as permitted in § 18.2-371.3 of the Code of Virginia, a client must be a minimum of 18 years of age and must present at the time of the tattooing or permanent cosmetic tattooing a valid, government-issued, positive identification card , such as a driver's license, passport, or military identification. The identification must contain a photograph of the individual and a printed date of birth.

B. The tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer must verify and document in the permanent client record the client's age, date of birth, and the type of identification provided.

C. No person may be tattooed or permanent cosmetic tattooed who appears to be under the influence of alcohol or drugs.

D. Tattooing or permanent cosmetic tattooing must not be performed on any skin surface that manifests any evidence of unhealthy conditions, such as rashes, boils, infections, abrasions, or on any asymmetrical, irregular, blurred, or multicolored mole.

E. Before receiving a tattoo or permanent cosmetic tattoo, each client and client's parent or guardian, if applicable, must be informed verbally and in writing, using the client disclosure form prescribed by the board, about the possible risk and dangers associated with the application of each tattoo. Signatures of both the client or client's parent or guardian and the tattooer must be on the client disclosure form to acknowledge receipt of both the verbal and written disclosures.

F. The tattoo parlor or temporary location or permanent cosmetic tattoo salon must maintain proper records for each client. The information must be permanently recorded and made available for examination by the Department of Professional and Occupation Regulation or authorized agent. Records must be maintained at the tattoo parlor or permanent cosmetic tattoo salon for at least two years following the date of the last entry. The temporary location client records must be maintained by the license holder. The permanent records must include the following:

The name, address, and telephone number of the client or client's parent or guardian;
The date tattooing or permanent cosmetic tattooing was performed;
The client's age, date of birth, and a copy of the positive identification provided to the tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer;
The specific colors of the tattoo or permanent cosmetic tattoo and, when available, the manufacturer's catalogue or identification number of each color used;
The location on the body where the tattooing or permanent cosmetic tattooing was performed;
The name of the tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer;
A statement that the client or client's parent or guardian has received a copy of applicable written care instructions, and that the client has read and understands the instructions; and
The signature of the client and, if applicable, parent or guardian.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; amended, Virginia Register Volume 39, Issue 22, eff. September 1, 2023; Volume 42, Issue 8, eff. January 5, 2026.

18VAC41-50-420 Grounds for license or certificate revocation, suspension or probation; denial of application, renewal, or reinstatement; or imposition of a monetary penalty

The board may, in considering the totality of the circumstances, refuse to issue, renew, or reinstate a license or certificate; impose a monetary penalty; place a license or certificate on probation with such terms and conditions and for such time as it may designate; suspend a license or certificate for a stated period of time; or revoke a license or certificate issued under the provisions of Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia and this chapter if it finds that the licensee, certificate holder, or applicant:

Is incompetent , negligent , or unable, as a result of any mental or physical condition, as those terms are generally understood in the profession, to skillfully and safely (i) practice as a tattooer, tattooer apprentice, permanent cosmetic tattooer, or master permanent cosmetic tattooer or (ii) operate a parlor, salon, or school;
Is convicted of fraud or deceit in the practice or teaching of tattooing , permanent cosmetic tattooing, or master permanent cosmetic tattooing, fails to teach the board-approved curriculum as provided for in this chapter, or fails to comply with 18VAC41-50-280 F when making an assessment of credit hours awarded;
Attempts to obtain, renew, or reinstate a license, certificate, or apprentice or temporary license by false or fraudulent representation;
Violates or induces others to violate, or cooperates with others in violating, any of the provisions of this chapter or Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia or any local ordinance or regulation governing standards of health and sanitation of the establishment in which tattooers, permanent cosmetic tattooers, or master permanent cosmetic tattooers may practice or offer to practice;
Offers, gives, or promises anything of value or benefit to any federal, state, or local employee for the purpose of influencing that employee to circumvent, in the performance of that employee's duties, any federal, state, or local law, regulation, or ordinance governing tattooing as defined in § 54.1-700 of the Code of Virginia;
Fails to respond to the board or any of its agents or provides false, misleading, or incomplete information to an inquiry by the board or any of its agents;
Fails or refuses to allow the board or any of its agents to inspect during reasonable hours any licensed parlor, salon, or school for compliance with provisions of Chapter 7 (§ 54.1-700 et seq.) or this chapter;
Fails to produce, upon request or demand of the board or any of its agents, any document, book, record, or copy thereof in a licensee's, certificate holder's, temporary license holder's, apprentice's, applicant's, or responsible management's possession or maintained in accordance with this chapter;
Fails to notify the board of a change of name or address in writing within 30 days of the change for each and every license, certificate, or apprentice or temporary license;
Makes any misrepresentation or publishes or causes to be published any advertisement that is false, deceptive, or misleading;
Fails to notify the board in writing within 30 days of any final action or disciplinary action taken against a license, apprentice or temporary license, or certificate in any jurisdiction by a local, state, or national regulatory body;
Has been convicted or found guilty, regardless of the manner of adjudication in Virginia or any other jurisdiction of the United States, of any felony, there being no appeal pending therefrom or the time for appeal having elapsed. Review of convictions shall be subject to the requirements of § 54.1-204 of the Code of Virginia;
Fails to inform the board in writing within 30 days of pleading guilty or nolo contendere or being convicted or found guilty regardless of adjudication of any convictions as stated in subdivision 12 of this section;
Allows, as responsible management of a parlor or salon, a person who has not obtained a license, temporary license, or guest tattooer license to practice as a tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer, unless the person is licensed as an apprentice;
Allows, as responsible management of a school, a person who has not obtained an instructor certificate or student instructor temporary license to practice as a tattooing , permanent cosmetic tattooing , or master permanent cosmetic tattooing instructor;
Fails to take sufficient measures to prevent transmission of communicable or infectious diseases or fails to comply with sanitary requirements provided for in this chapter or any local, state, or federal law or regulation governing the standards of health and sanitation for the practice of tattooing or the operation of tattoo parlors or permanent cosmetic tattooing salons; or
Fails to comply with all procedures established by the board and the testing service with regard to conduct at any board examination.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; amended, Virginia Register Volume 39, Issue 22, eff. September 1, 2023; Volume 42, Issue 8, eff. January 5, 2026.

Chapter 60 Body-Piercing Regulations

Part I General

18VAC41-60-10 Definitions

A. The following words and terms when used in this chapter have the meanings ascribed to them in § 54.1-700 of the Code of Virginia:

"Board"

"Body-piercer"

"Body-piercing"

"Body-piercing salon"

"Body-piercing school"

"Ear-piercer"

"Ear-piercing"

"Ear-piercing salon"

"Ear-piercing school"

B. The following words and terms when used in this chapter have the following meanings, unless the context clearly indicates otherwise:

"Apprenticeship program" means an approved body-piercing or ear-piercing training program conducted by an approved apprenticeship sponsor.

"Apprenticeship sponsor" means an individual approved to conduct body-piercing or ear-piercing apprenticeship training who meets the qualifications in 18VAC41-60-70.

"Aseptic technique" means a hygienic practice that prevents and hinders the direct transfer of microorganisms, regardless of pathogenicity, from one person or place to another person or place.

"Business entity" means a sole proprietorship, partnership, corporation, limited liability company, limited liability partnership, or any other form of organization permitted by law.

"Direct supervision" means a Virginia licensed body-piercer or ear-piercer is present in the body-piercing salon or ear-piercing salon at all times when services are being performed by a temporary license holder or registered apprentice.

"Ear-piercer earlobe only" means any person who uses only a mechanized, presterilized ear-piercing system that penetrates the lobe of the ear for compensation.

"Ear-piercing earlobe only" means the use of a mechanized, presterilized ear-piercing system that penetrates the lobe of the ear.

"Ear-piercing earlobe only salon" means any place where a fee is charged for the act of using a mechanized, presterilized ear-piercing system that penetrates the lobe of the ear.

"Event piercer salon" means a body-piercing or ear-piercing salon temporary location licensed to operate for a maximum of seven consecutive days.

"Firm" means any business entity recognized under the laws of the Commonwealth of Virginia.

"Guest piercer" means a body-piercer or ear-piercer residing outside of Virginia who is licensed only to work for a two-week period at a piercing salon or piercing convention.

"Guest piercer sponsor" means a licensed body-piercing or ear-piercing salon that is sponsoring and providing direct supervision of a guest piercer.

"Licensee" means any individual or firm holding a license issued by the board.

"Piercing convention" means an event where Virginia and out-of-state body-piercers or ear-piercers gather for no more than seven consecutive days to offer body-piercing and ear-piercing services to the public.

"Reinstatement" means having a license restored to effectiveness after the expiration date has passed.

"Renewal" means continuing the effectiveness of a license for another period of time.

"Responsible management" means the following individuals:

The sole proprietor of a sole proprietorship;
The partners of a general partnership;
The managing partners of a limited partnership;
The officers of a corporation;
The managers of a limited liability company;
The officers or directors of an association; and
Individuals in other business entities recognized under the laws of the Commonwealth as having a fiduciary responsibility to the firm.

"Sterilization area" means a room or area separate from workstations with restricted client access in which body-piercing or ear-piercing instruments are cleaned, disinfected, and sterilized.

"Substantially equivalent exam" means an examination administered by the licensing entity that covers Virginia's scope of practice for that profession.

"Substantially equivalent training" means at least 80% of the required hours in Virginia and curriculum content covering Virginia's scope of practice for that profession.

"Temporary location" means a fixed location at which body-piercing or ear-piercing is performed for a specified length of time of not more than seven days in conjunction with a single event or convention.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 12, eff. April 1, 2007; amended Virginia Register Volume 39, Issue 22, eff. September 1, 2023; Volume 42, Issue 6, eff. December 18, 2025; Volume 42, Issue 13, eff. March 16, 2026.

18VAC41-60-15 Gratuitous services

As provided in subdivision 5 of § 54.1-701 of the Code of Virginia, any individual who engages in body-piercing , ear-piercing, and ear-piercing earlobe only without receiving compensation, reward, or obligation is considered to be performing gratuitous services and is exempt from the provisions of this chapter. Gratuitous services do not include services provided at no charge when goods are purchased.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 13, eff. March 16, 2026.

Part II Entry

18VAC41-60-20 General requirements

A. Any individual who wants to engage in body-piercing or ear-piercing must obtain a license in compliance with § 54.1-703 of the Code of Virginia and meet the following qualifications:

The applicant must be in good standing as a body-piercer or ear-piercer in every jurisdiction where licensed, certified, or registered. The applicant must provide a copy of any disciplinary action taken in Virginia and all other jurisdictions to the board at the time of application for licensure. This includes monetary penalties, fines, probation, suspensions, revocations, surrender of a license in connection with a disciplinary action, or voluntary termination of a license.

Upon review of the applicant's prior disciplinary action, the board, in its discretion, may deny licensure to any applicant who the board deems unfit or unsuited to engage in body-piercing, ear-piercing, or ear-piercing earlobe only.

The applicant must disclose the applicant's physical address and email address. A post office box may be provided as a secondary address.
The applicant must sign, as part of the application, a statement certifying that the applicant has read and understands the Virginia body-piercing and ear-piercing license laws and this chapter.
In accordance with § 54.1-204 of the Code of Virginia, each applicant must disclose all felony convictions in Virginia and all other jurisdictions within 10 years of the date of application.

The board, in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

The applicant must provide evidence satisfactory to the board that the applicant has passed the respective board-approved examination, administered either by the board or by a designated testing service.

B. Eligibility to sit for a board-approved examination.

Training in the Commonwealth of Virginia. Any person completing one of the following programs is eligible to sit for an examination:

a. An approved body-piercing apprenticeship program in a Virginia licensed body-piercing salon; or

b. An approved ear-piercing apprenticeship program in a Virginia licensed body-piercing or ear-piercing salon.

Training outside of the Commonwealth of Virginia.

a. Any person completing a body-piercing or ear-piercing training or apprenticeship program that is substantially equivalent to the Virginia program but is outside of the Commonwealth of Virginia must submit to the board (i) documentation of the successful completion of training or apprenticeship to be eligible for examination and (ii) documentation of completion of board-approved health education to include (a) bloodborne pathogens, sterilization, and aseptic techniques related to body-piercing or ear-piercing, as applicable, and (b) first aid. Applicants who have earned a degree from an institution outside the United States must have the degree translated, authenticated, and evaluated by an education evaluation service if credit is sought for the education. The board, in its discretion, may decline to accept any evaluation submitted by an applicant.

If fewer than the required hours of body-piercing or ear-piercing training or body-piercing or ear-piercing apprenticeship were completed, an applicant must submit (i) documentation acceptable to the board verifying the completion of a substantially equivalent body-piercing or ear-piercing training or body-piercing or ear-piercing apprenticeship or documentation of three years of work experience in any other state or jurisdiction of the United States on a form provided by the board and (ii) documentation of completion of board-approved health education to include (a) bloodborne disease, sterilization, and aseptic techniques related to body-piercing or ear-piercing,as applicable,; and (b) first aid.

C. Any individual who wants to engage in ear-piercing earlobe only, must obtain a license in compliance with § 54.1-703 of the Code of Virginia and meet the following qualifications:

The applicant must be in good standing in Virginia and in all other jurisdictions where licensed, certified, or registered. The applicant must provide a copy of any disciplinary action taken in Virginia and all other jurisdictions to the board at the time of application for licensure. This includes monetary penalties, fines, probation, suspensions, revocations, surrender of a license in connection with a disciplinary action pertaining to services within the respective scope of practice, or voluntary termination of a license.

Upon review of the applicant's prior disciplinary action, the board, in its discretion, may deny licensure to any applicant who it deems unfit or unsuited to engage in ear-piercing earlobe only.

The applicant must disclose the applicant's physical address and email address. A post office box may be provided as a secondary address.
The applicant must sign, as part of the application, a statement certifying that the applicant has read and understands the Virginia body-piercing and ear-piercing license laws and this chapter.
In accordance with § 54.1-204 of the Code of Virginia, each applicant must disclose all felony convictions in Virginia and all other jurisdictions within 10 years of the date of application.

The board, in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

The applicant must have completed board-approved health education to include bloodborne disease and first aid and provide verification of training on a mechanized, presterilized ear-piercing system that penetrates the lobe of the ear and aftercare of piercing.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 12, eff. April 1, 2007; amended Virginia Register Volume 39, Issue 22, eff. September 1, 2023; Volume 42, Issue 6, eff. December 18, 2025; Volume 42, Issue 13, eff. March 16, 2026.

18VAC41-60-30 License by endorsement

A. Upon proper application to the board, any person currently licensed to practice as a body-piercer or ear-piercer in any other state or jurisdiction of the United States and who has completed a training or apprenticeship program and an examination that is substantially equivalent to the training and examination required by this chapter may be issued a body-piercer or ear-piercer license without an examination. The applicant must also meet the requirements set forth in 18VAC41-60-20 A 1 through A 4 and provide documentation of completion of board-approved health education to include (i) bloodborne pathogens, sterilization, and aseptic techniques related to body-piercing or ear-piercing, as applicable, and (ii) first aid.

B. Applicants for licensure by endorsement who completed a training or apprenticeship program that is not substantially equivalent to Virginia's training but who otherwise meet all the requirements listed in subsection A of this section may substitute three years of work experience for training. Applicants must provide work history demonstrating three years of licensed experience in any other state or jurisdiction of the United States on a form provided by the board and provide documentation of completion of board-approved health education to include (i) bloodborne pathogens, sterilization, and aseptic techniques related to body-piercing or ear-piercing, as applicable, and (ii) first aid.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 12, eff. April 1, 2007; amended Virginia Register Volume 39, Issue 22, eff. September 1, 2023; Volume 42, Issue 13, eff. March 16, 2026.

18VAC41-60-40 Examination requirements and fees

A. Applicants for initial licensure must pass an examination approved by the board.

B. The applicant must follow all procedures established by the board with regard to conduct at the examination. Such procedures shall include written instructions communicated prior to the examination date and any instructions communicated at the site on the date of the examination. Failure to comply with all procedures established by the board and the testing service with regard to conduct at the examination may be grounds for denial of application.

C. Any applicant who does not pass a reexamination within one year of the initial examination date shall be required to submit a new application.

E. Any candidate failing to apply for initial licensure within five years of passing the written examination must retake the examination.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 12, eff. April 1, 2007; amended Virginia Register Volume 39, Issue 22, eff. September 1, 2023; Volume 42, Issue 13, eff. March 16, 2026.

18VAC41-60-50 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 23, Issue 12, eff. April 1, 2007; repealed, Virginia Register Volume 39, Issue 22, eff. September 1, 2023.

18VAC41-60-60 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 23, Issue 12, eff. April 1, 2007; repealed Virginia Register Volume 39, Issue 22, eff. September 1, 2023.

18VAC41-60-70 General requirements for an apprenticeship sponsor

A. Any individual who wants to sponsor a body-piercing apprentice must meet the following qualifications:

The applicant must hold and maintain a current Virginia body-piercing license;
The applicant must provide documentation of legally practicing body-piercing for at least five years; and
The applicant must provide documentation indicating that the applicant is in good standing in all jurisdictions where the practice of body-piercing is regulated.

B. Any individual who wants to sponsor an ear-piercing apprentice must meet the following qualifications:

The applicant must hold and maintain a current Virginia body-piercing or ear-piercing license;
The applicant must provide documentation of legally practicing body-piercing or ear-piercing for at least five years; and
The applicant must provide documentation indicating that the applicant is in good standing in all jurisdictions where the practice of body-piercing or ear-piercing is regulated.

C. Apprenticeship sponsors must ensure compliance with the 1500-hour Body-Piercing Apprenticeship Program and Body-Piercing Apprenticeship Standards, or the 500-hour Ear-Piercing Apprenticeship Program and Ear-Piercing Apprenticeship Standards, as applicable.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 12, eff. April 1, 2007; amended, Virginia Register Volume 42, Issue 6, eff. December 18, 2025; Volume 42, Issue 13, eff. March 16, 2026.

18VAC41-60-75 Body-piercing or ear-piercing temporary license

B. The temporary license will remain in force for 90 days and no subsequent temporary license will be issued.

C. Any person continuing to practice body-piercing or ear-piercing services after a temporary license has expired may be prosecuted and fined by the Commonwealth under §§ 54.1-111 A 1 and 54.1-202 of the Code of Virginia.

D. No temporary license will be issued where grounds may exist to deny a license pursuant to § 54.1-204 of the Code of Virginia or 18VAC41-60-20.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 13, eff. March 16, 2026.

18VAC41-60-80 General requirements for a salon or event salon license

A. Any firm that wants to operate a body-piercing salon, ear-piercing salon, ear-piercing earlobe only salon, or event piercing salon, including any mobile salon, must obtain a salon license in compliance with § 54.1-704.1 of the Code of Virginia and must meet the following qualifications in order to receive a license:

The applicant and all members of the responsible management must be in good standing as a licensed salon in Virginia and all other jurisdictions where licensed, certified, or registered. The applicant and all members of the responsible management must provide a copy of any disciplinary action taken in Virginia and all other jurisdictions to the board at the time of application for licensure. This includes monetary penalties, fines, probation, suspensions, revocations, surrender of a license in connection with a disciplinary action, or voluntary termination of a license.

Upon review of the applicant's and all members of the responsible management's prior disciplinary action, the board, in its discretion, may deny licensure to any applicant that the board deems unfit or unsuited to engage in the operation of a body-piercing salon, ear-piercing salon, ear-piercing earlobe only salon, or event piercing salon.

The applicant must disclose the applicant's physical address and email address. A post office box may be provided as a secondary address. Mobile salons must provide a physical address where the salon is permanently garaged.
The applicant must sign, as part of the application, a statement certifying that the applicant has read and understands the Virginia body-piercing or ear-piercing license laws and this chapter.
In accordance with § 54.1-204 of the Code of Virginia, each applicant must disclose all felony convictions in Virginia and all other jurisdictions for the firm and all members of the firm's responsible management within 10 years of the date of application.

The board, in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

The applicant must disclose the firm's responsible management.

B. Body-piercing, ear-piercing, ear-piercing earlobe only, or event piercing salon licenses are issued to firms as defined in this chapter and are not transferable. Any changes in the name or address of the salon must be reported to the board in writing within 30 days of such changes. The board will not be responsible for the licensee's failure to receive notices, communications, and correspondence caused by the licensee's failure to promptly notify the board in writing of any change of name or address or for any reason beyond the control of the board.

Death of a sole proprietor;
Death or withdrawal of a general partner in a general partnership or the managing partner in a limited partnership; and
Conversion, formation, or dissolution of a corporation, a limited liability company, an association, or any other business entity recognized under the laws of the Commonwealth of Virginia.

E. Any firm that wants to operate a body-piercing or ear-piercing salon in a temporary location must have a body-piercing salon or ear-piercing license, as applicable, issued by the board.

F. Any piercing salon that wants to host a guest piercer must identify itself as the guest piercer sponsor and must provide direct supervision of any piercing by the guest piercer.

G. An event piercer salon license is effective for seven consecutive days prior to the expiration date. Any firm that wants to operate an event piercing salon must submit an application to the board at least 45 days prior to the date for which approval is sought.

H. A firm may obtain a maximum of five event piercing salon licenses within a calendar year.

I. The board or any of the board's agents must be allowed to inspect during reasonable hours any licensed salon for compliance with provisions of Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia or this chapter.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 12, eff. April 1, 2007; amended Virginia Register Volume 39, Issue 22, eff. September 1, 2023; Volume 42, Issue 6, eff. December 18, 2025; Volume 42, Issue 13, eff. March 16, 2026.

18VAC41-60-81 Guest piercer license

A. A guest body-piercer or ear-piercer license is effective for 14 days prior to the expiration date.

B. An out-of-state resident may apply for and obtain up to five guest piercer licenses per calendar year.

C. For each calendar year, a guest piercer applicant must meet the following qualifications:

Requirements set forth in 18VAC41-60-20 A 1 through A 4.
Present documentation showing out-of-state residency.
Documentation of board-approved health education knowledge to include (i) bloodborne disease, sterilization, and aseptic techniques related to body-piercing or ear-piercing; and (ii) first aid.

D. A guest piercer must provide documentation with each application showing the guest piercer sponsor, including a signature of sponsor salon's responsible management.

E. A guest piercer must provide the name and license number of the guest piercer's sponsor and the duration of the guest piercer's piercing services for all guest piercer locations.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 6, eff. December 18, 2025; amended, Virginia Register Volume 42, Issue 13, eff. March 16, 2026.

18VAC41-60-82 Guest piercer sponsor

A. The licensed body-piercing salon sponsoring a guest piercer must ensure that the guest piercer:

Has a valid, current guest piercing license for the entire duration of the guest piercer piercing at the salon.
Is directly supervised by a licensed piercer. A body-piercer may directly supervise a guest body-piercer or ear-piercer. An ear-piercer may only directly supervise a guest ear piercer.
Complies with all Virginia regulations relating to health, sanitation, client qualifications, and standards of practice.

B. The licensed ear-piercing salon sponsoring a guest ear-piercer must ensure that the guest ear-piercer:

Has a valid, current guest ear-piercing license for the entire duration of the guest ear piercer's ear-piercing at the salon.
Is directly supervised by a licensed body-piercer or ear-piercer.
Complies with all Virginia regulations relating to health, sanitation, client qualifications, and standards of practice.

C. With the exception of piercing conventions, a member of the guest piercer sponsor's responsible management must sign the guest piercer application certifying that the sponsor will ensure the requirements of subsections A and B of this section are met.

D. The guest piercer sponsor is responsible for the acts or omissions of the guest piercer in the performance of body-piercing or ear-piercing, respectively.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 6, eff. December 18, 2025.

Part III Fees

18VAC41-60-90 Fees

The following fees apply. All fees are nonrefundable and will not be prorated.

| FEE TYPE | AMOUNT DUE | WHEN DUE | | --- | --- | --- | | Individuals: | | | | Application | $120 | With application | | License by Endorsement | $120 | With application | | Renewal: | $120 | With renewal card prior to expiration date | | Reinstatement | $240* includes $120 renewal fee and $120 reinstatement fee | With reinstatement application | | Salons: | | | | Application | $220 | With application | | Renewal | $220 | With renewal card prior to expiration date | | Reinstatement | $440 *includes $220 renewal fee and $220 reinstatement fee | With reinstatement application |

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 12, eff. April 1, 2007; amended, Volume 27, Issue 23, eff. September 1, 2011; Volume 30, Issue 10, eff. March 1, 2014; Volume 32, Issue 24, eff. September 1, 2016; Volume 34, Issue 22, eff. August 1, 2018; Volume 36, Issue 21, eff. September 1, 2020; Volume 38, Issue 25, eff. September 1, 2022; Volume 41, Issue 22, eff. August 1, 2025; Volume 42, Issue 13, eff. March 16, 2026.

18VAC41-60-100 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 23, Issue 12, eff. April 1, 2007; repealed, Virginia Regsiter Volume 42, Issue 13, eff. March 16, 2026.

Part IV Renewal and Reinstatement

18VAC41-60-110 License renewal required

A. All body-piercer, ear-piercer, ear-piercer earlobe only, body-piercing salon, ear-piercing salon, and ear-piercing earlobe only salon licenses will expire two years from the last day of the month in which the license was issued.

B. Guest piercer licenses will expire 14 days after the effective date of the license and may not be renewed.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 12, eff. April 1, 2007; amended, Virginia Register Volume 39, Issue 22, eff. September 1, 2023; Volume 42, Issue 6, eff. December 18, 2025; Volume 42, Issue 13, eff. March 16, 2026.

18VAC41-60-120 Continuing education requirement

All licensed body-piercers and ear-piercers must satisfactorily complete board-approved health education to include (i) bloodborne disease, sterilization, and aseptic techniques related to body-piercing or ear-piercing, as applicable, and (ii) first aid during the licensed term. All licensed ear-piercers earlobe only must satisfactorily complete board-approved health education to include bloodborne disease and first aid during the licensed term. Documentation of training completion must be provided at the time of renewal along with the required fee.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 12, eff. April 1, 2007; amended, Virginia Register Volume 39, Issue 22, eff. September 1, 2023; Volume 42, Issue 6, eff. December 18, 2025; Volume 42, Issue 13, eff. March 16, 2026.

18VAC41-60-130 Notice of renewal

The Department of Professional and Occupational Regulation will send a renewal notice to the licensee outlining the procedures for renewal. Failure to receive this notice, however, does not relieve the licensee of the obligation to renew.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 12, eff. April 1, 2007; amended, Virginia Register Volume 42, Issue 6, eff. December 18, 2025; Volume 42, Issue 13, eff. March 16, 2026.

18VAC41-60-140 Failure to renew

A. When an individual or business entity fails to renew its license within 30 days following the expiration date, the licensee who intends to remain licensed must meet the continuing education requirements prescribed in 18VAC41-60-120 and pay the reinstatement fees.

B. When an individual or business entity fails to renew its license within two years following the expiration date, reinstatement is no longer possible. To resume practice:

The former licensee must apply for licensure as a new applicant and meet all current entry requirements. Individual licensees failing to renew must provide documentation of completion of board-approved health education to include (i) bloodborne pathogens, sterilization, and aseptic techniques related to body-piercing or ear-piercing, as applicable, and (ii) first aid.
An individual previously licensed in Virginia for a minimum of three years must submit (i) a new application and (ii) documentation of completion of board-approved health education to include (a) bloodborne pathogens, sterilization, and aseptic techniques related to body-piercing or ear-piercing, as applicable, and (b) first aid, and pass the required examination.

C. The date a renewal fee is received by the Department of Professional and Occupational Regulation or its agent will be used to determine whether the requirement for reinstatement of a license is applicable and an additional fee is required.

D. When a license is reinstated, the licensee will have the same license number and will be assigned an expiration date two years from the date of the last day of the month of reinstatement.

E. A licensee that reinstates its license will be regarded as having been continuously licensed without interruption. Therefore, a licensee will be subject to the authority of the board for activities performed prior to reinstatement.

F. A licensee that fails to reinstate its license will be regarded as unlicensed from the expiration date of the license forward. Nothing in this chapter divests the board of its authority to discipline a licensee for a violation of the law or regulations during the period of time for which the individual was licensed.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 12, eff. April 1, 2007; amended, Virginia Register Volume 39, Issue 22, eff. September 1, 2023; Volume 39, Issue 22, eff. October 1, 2023; Volume 42, Issue 6, eff. December 18, 2025; Volume 42, Issue 13, eff. March 16, 2026.

Part V Apprenticeship Programs

18VAC41-60-150 Applicants for board approval

A. Any person desiring to enroll in the body-piercing or ear-piercing apprenticeship program will be required to provide documentation of satisfactory completion of board-approved health education to include (i) bloodborne disease, sterilization, and aseptic techniques related to body-piercing or ear-piercing, as applicable, and (ii) first aid.

B. Any body-piercer or ear-piercer seeking approval to perform the duties of an apprenticeship sponsor and offer the board's body-piercing or ear-piercing apprenticeship program must meet the requirements in 18VAC41-60-70.

C. All body-piercing apprenticeship training must be conducted in a body-piercing salon that has met the requirements of 18VAC41-60-80. All ear-piercing apprenticeship training must be conducted in a body-piercing or ear-piercing salon that has met the requirements of 18VAC41-60-80.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 12, eff. April 1, 2007; Volume 42, Issue 6, eff. December 18, 2025; Volume 42, Issue 13, eff. March 16, 2026.

18VAC41-60-160 Body-piercing apprenticeship curriculum requirements

Body-piercing apprenticeship curriculum requirements are set out in this section:

Microbiology:

a. Microorganisms, viruses, bacteria, fungi;

b. Transmission cycle of infectious diseases; and

c. Characteristics of antimicrobial agents.

Immunization;

a. Types of immunizations;

b. Hepatitis A through G transmission and immunization;

c. HIV/AIDS;

d. Tetanus, streptococcal, zoonotic, tuberculosis, pneumococcal, and influenza;

e. Measles, mumps, and rubella;

f. Vaccines and immunization; and

g. General preventative measures to be taken to protect the body-piercer and client.

Sanitation and disinfection:

a. Definition of terms:

(1) Sterilization;

(2) Disinfection and disinfectant;

(3) Sterilizer or sterilant;

(4) Antiseptic;

(5) Germicide;

(6) Decontamination; and

(7) Sanitation;

b. The use of steam sterilization equipment and techniques;

c. The use of chemical agents, antiseptics, disinfectants, and fumigants;

d. The use of sanitation equipment;

e. Pre-service sanitation procedure; and

f. Post-service sanitation procedure.

Safety:

a. Proper needle handling and disposal;

b. How to avoid overexposure to chemicals;

c. The use of Safety Data Sheets;

d. Blood spill procedures;

e. Equipment and instrument storage; and

f. First aid.

Bloodborne pathogen standards:

a. OSHA and CDC bloodborne pathogen standards;

b. Control Plan for bloodborne pathogens;

c. Exposure Control Plan for Body Piercers;

d. Overview of compliance requirements; and

e. Disorders and when not to service a client.

Professional standards:

a. History of body-piercing;

b. Ethics;

c. Recordkeeping:

(1) Client health history;

(2) Consent forms; and

(3) HIPAA Standards (Health Insurance Portability and Accountability Act of 1996 Privacy Rule);

d. Preparing station, making appointments, salon ethics:

(1) Maintaining professional appearance, notifying clients of schedule changes; and

(2) Promoting services of the salon and establishing clientele;

e. Salon management:

(1) Licensing requirements; and

(2) Taxes; and

f. Supplies:

(1) Usages;

(2) Ordering; and

(3) Storage.

Body-piercing:

a. Client consultation;

b. Client health information;

c. Client disclosure form;

d. Client preparation;

e. Sanitation and safety precautions;

f. Implement selection and use;

g. Proper use of equipment;

h. Material selection and use;

i. Grade of jewelry; and

j. Metals to use.

Body-piercing procedures:

a. Ear lobe;

b. Helix - ear;

c. Concha - ear;

d. Tragus - ear;

e. Tongue;

f. Navel;

g. Eyebrow;

h. Lip;

i. Septum;

j. Nostril;

k. Male nipple;

l. Female nipple;

m. Monroe (face cheek);

n. Prince Albert (male genitalia);

o. Frenum (male genitalia);

p. Clitorial hoods (female genitalia); and

q. Labias (female genitalia).

Virginia body-piercing laws and regulations.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 12, eff. April 1, 2007; amended, Virginia Register Volume 42, Issue 13, eff. March 16, 2026.

18VAC41-60-165 Ear-piercing apprenticeship curriculum requirements

Ear-piercing apprenticeship curriculum requirements are set out in this section:

Microbiology:

a. Microorganisms, viruses, bacteria, and fungi;

b. Transmission cycle of infectious diseases; and

c. Characteristics of antimicrobial agents.

Immunization:

a. Types of immunizations;

b. Hepatitis A through G transmission and immunization;

c. HIV or AIDS;

d. Tetanus, streptococcal, zoonotic, tuberculosis, pneumococcal, and influenza;

e. Measles, mumps, and rubella;

f. Vaccines and immunization; and

g. General preventative measures to be taken to protect the ear-piercer and client.

Sanitation and disinfection:

a. Definition of terms:

(1) Sterilization;

(2) Disinfection and disinfectant;

(3) Sterilizer or sterilant;

(4) Antiseptic;

(5) Germicide;

(6) Decontamination; and

(7) Sanitation;

b. The use of steam sterilization equipment and techniques;

c. The use of chemical agents, antiseptics, disinfectants, and fumigants;

d. The use of sanitation equipment;

e. Pre-service sanitation procedure; and

f. Post-service sanitation procedure.

Safety:

a. Proper needle handling and disposal;

b. How to avoid overexposure to chemicals;

c. The use of Safety Data Sheets (SDS);

d. Blood spill procedures;

e. Equipment and instrument storage; and

f. First aid.

Bloodborne pathogen standards:

a. OSHA and CDC bloodborne pathogen standards;

b. Control Plan for bloodborne pathogens;

c. Exposure Control Plan for Ear-Piercers;

d. Overview of compliance requirements; and

e. Disorders and when not to service a client.

Professional standards:

a. History of ear-piercing;

b. Ethics;

c. Recordkeeping:

(1) Client health history;

(2) Consent forms; and

(3) Health Insurance Portability and Accountability Act of 1996 Privacy Rule (HIPAA) Standards;

d. Preparing station, making appointments, salon ethics:

(1) Maintaining professional appearance, notifying clients of schedule changes; and

(2) Promoting services of the salon and establishing clientele;

e. Salon management:

(1) Licensing requirements; and

(2) Taxes;

f. Supplies:

(1) Usages;

(2) Ordering; and

(3) Storage.

Ear-piercing:

a. Client consultation;

b. Client health information;

c. Client disclosure form;

d. Client preparation;

e. Sanitation and safety precautions;

f. Implement selection and use;

g. Proper use of equipment;

h. Material selection and use;

i. Grade of jewelry; and

j. Metals to use.

Ear-piercing procedures:

a. Ear lobe;

b. Helix - ear;

c. Concha - ear; and

d. Tragus - ear.

Virginia body-piercing laws and regulations.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 6, eff. December 18, 2025; amended, Virginia Register Volume 42, Issue 13, eff. March 16, 2026.

18VAC41-60-170 Body-piercing hours of instruction and performances

A. Curriculum requirements specified in 18VAC41-60-160 must be taught over a minimum of 1,500 hours as follows:

350 hours must be devoted to theory pertaining to subdivisions 1, 2, 4, 5, 6, and 9 of 18VAC41-60-160;
150 hours must be devoted to theory pertaining to subdivision 3 of 18VAC41-60-160; and
The remaining 1,000 hours must be devoted to practical training and the following performances pertaining to subdivisions 7 and 8 of 18VAC41-60-160:

| Body-Piercing Performances | | | --- | --- | | Ear lobe | minimum of 5 | | Helix - ear | minimum of 5 | | Concha - ear | minimum of 5 | | Tragus - ear | minimum of 5 | | Tongue | minimum of 5 | | Navel | minimum of 5 | | Eyebrow | minimum of 5 | | Lip | minimum of 5 | | Septum | minimum of 5 | | Nostril | minimum of 5 | | Additional piercings of choice | minimum of 50 | | Total | 100 |

B. An approved body-piercing apprenticeship program may conduct an assessment of an apprentice's competence in the theory and practical requirements for body-piercing and, based on the assessment, give a maximum of 500 hours of credit toward the requirements in subdivisions A 1 and A 3 of this section. No credit will be allowed for the 150 hours required in subdivision A 2 of this section.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 12, eff. April 1, 2007; amended, Virginia Register Volume 42, Issue 13, eff. March 16, 2026.

18VAC41-60-175 Ear-piercing hours of instruction and performances

A. Curriculum requirements specified in 18VAC41-60-165 must be taught over a minimum of 500 hours as follows:

150 hours must be devoted to theory pertaining to subdivisions 1, 2, 4, 5, 6, and 9 of 18VAC41-60-165;
50 hours must be devoted to theory pertaining to subdivision 3 of 18VAC41-60-165; and
The remaining 300 hours must be devoted to practical training and the following performances pertaining to subdivision 7 and 8 of 18VAC41-60-165:

| Ear-Piercing Performances | | | --- | --- | | Ear lobe | minimum of 15 | | Helix - ear | minimum of 10 | | Concha - ear | minimum of 10 | | Tragus - ear | minimum of 5 | | Total | 40 |

B. An approved ear-piercing apprenticeship program may conduct an assessment of an apprentice's competence in the theory and practical requirements for ear-piercing and, based on the assessment, give a maximum of 225 hours of credit toward the requirements in subdivisions A 1 and A 3 of this section. No credit shall be allowed for the 50 hours required in subdivision A 2 of this section.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 6, eff. December 18, 2025.

Part VI Standards of Practice

18VAC41-60-180 Display of license

A. The responsible management for each body-piercing, ear-piercing, or ear-piercing earlobe only salon must ensure that all current licenses issued by the board are displayed in plain view of the public either in the reception area or at individual workstations of the salon. Duplicate licenses must be posted in a similar manner in every salon location where the licensee provides services.

B. The responsible management for each body-piercing, ear-piercing, or ear-piercing earlobe only salon must ensure that no licensee or apprentice performs any service beyond the scope of practice for the applicable license.

C. The responsible management for each body-piercing, ear-piercing, or ear-piercing earlobe only salon must offer to licensees and apprentices the full series of Hepatitis B vaccine.

D. The responsible management for each body-piercing, ear-piercing, or ear-piercing earlobe only salon must maintain a record for each licensee or apprentice of:

Proof of completion of the full series of Hepatitis B vaccine;
Proof of immunity by blood titer; or
Written declaration of refusal of the owner's offer of a full series of Hepatitis B vaccine.

E. All licensees must operate under the name in which the license is issued.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 12, eff. April 1, 2007; amended, Virginia Register Volume 42, Issue 6, eff. December 18, 2025; Volume 42, Issue 13, eff. March 16, 2026.

18VAC41-60-190 Sanitation and safety standards

A. A body-piercing, ear-piercing, or ear-piercing earlobe only salon located in a permanent building or structure must be in a location permissible under local zoning codes, if any. A body-piercing, ear-piercing, or ear-piercing earlobe only salon must be separated from any living quarters by complete floor-to-ceiling partitioning and must contain no access to living quarters. Mobile salons must be stationary while providing services and may not operate where prohibited by local ordinance.

B. The body-piercing, ear-piercing, or ear-piercing earlobe only salon or temporary location must be maintained in a clean and orderly manner.

C. A body-piercing, ear-piercing, or ear-piercing earlobe only salon or temporary location must have a blood spill clean-up kit in the work area that contains, at a minimum, latex gloves, two 12-inch-by-12-inch towels, one disposable trash bag, bleach, one empty spray bottle, and one mask with face shield or any Occupational Safety and Health Administration-approved blood spill clean-up kit.

E. In a body-piercing, ear-piercing, or ear-piercing earlobe only salon or temporary location, cabinets or containers for the storage of instruments, single-use articles, and other utensils must be provided for each operator and must be maintained in a sanitary manner.

F. In a body-piercing, ear-piercing, or ear-piercing earlobe only salon or temporary location, bulk single-use articles must be commercially packaged and handled in such a way as to protect the articles from contamination.

G. In a body-piercing, ear-piercing, or ear-piercing earlobe only salon or temporary location, all materials applied to the human skin must be from single-use articles or transferred from bulk containers to single-use containers and must be disposed of after each use.

H. In a body-piercing, ear-piercing, or ear-piercing earlobe only salon or temporary location, the walls, ceilings, and floors must be kept in good repair. The body-piercing or ear-piercing area must be constructed of smooth, hard surfaces that are nonporous, free of open holes or cracks, light colored, and easily cleaned. New physical facilities must not include any dark-colored surfaces in the body-piercing or ear-piercing area. Existing physical facilities with dark-colored surfaces in the body-piercing or ear-piercing area must replace the dark-colored surfaces with light-colored surfaces whenever the facilities are extensively remodeled or upon relocation of the business.

I. A body-piercing, ear-piercing, or ear-piercing earlobe only salon or temporary location must have adequate lighting of at least 50 foot-candles of illumination in the body-piercing and sterilization areas.

J. In a body-piercing, ear-piercing, or ear-piercing earlobe only salon or temporary location, adequate mechanical ventilation must be provided.

K. A body-piercing, ear-piercing, or ear-piercing earlobe only salon or temporary location must be equipped with hand-cleaning facilities for its personnel with unobstructed access to the body-piercing, ear-piercing, or ear-piercing earlobe only area such that the body-piercer, ear-piercer, or ear-piercer earlobe only can return to the area without having to touch anything with his hands. Hand-cleaning facilities must be equipped either with hot and cold or tempered running water under pressure and liquid germicidal soap or with a sanitizing solution to clean hands. Hand-cleaning facilities must be equipped with single-use towels or mechanical hand drying devices and a covered refuse container. Such facilities must be kept clean and in good repair.

L. No animals are permitted in the body-piercing, ear-piercing, or ear-piercing earlobe only salon or temporary location, except for guide or service animals accompanying persons with disabilities or nonmammalian animals in enclosed glass containers such as fish aquariums, which must be outside of the body-piercing or ear-piercing area or sterilization area. No animals are allowed in the body-piercing, ear-piercing, or ear-piercing earlobe only area or sterilization area.

M. In a body-piercing, ear-piercing, or ear-piercing earlobe only salon or temporary location, the use of tobacco products and consumption of alcoholic beverages must be prohibited in the body-piercing, ear-piercing, or ear-piercing earlobe only area or sterilization area.

N. In a body-piercing, ear-piercing, or ear-piercing earlobe only salon or temporary location, no food or drink will be stored or consumed in the body-piercing, ear-piercing, or ear-piercing earlobe only area or sterilization area.

O. In a body-piercing, ear-piercing, or ear-piercing earlobe only salon or temporary location, if body-piercing, ear-piercing, or ear-piercing earlobe only is performed where cosmetology services are provided, those services must be performed in an area that is separate and enclosed.

P. All steam sterilizers must be biological spore tested at least monthly.

Q. Biological spore tests must be verified through an independent laboratory.

R. Biological spore test records must be retained for a period of three years and made available upon request.

S. Steam sterilizers must be used only for instruments used by the salon's employees.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 12, eff. April 1, 2007; amended, Virginia Register Volume 39, Issue 22, eff. September 1, 2023; Volume 42, Issue 6, eff. December 18, 2025; Volume 42, Issue 13, eff. March 16, 2026.

18VAC41-60-200 Body-piercer, ear-piercer, and ear-piercer earlobe only responsibilities

A. All body-piercers, ear-piercers, and ear-piercers earlobe only must provide to the responsible management one of the following:

Proof of completion of the full series of Hepatitis B vaccine;
Proof of immunity by blood titer; or
Written declaration of refusal of the responsible management's offer of a full series of Hepatitis B vaccine.

B. All body-piercers, ear-piercers, and ear-piercers earlobe only must wear clean outer garments, maintain a high degree of personal cleanliness, and conform to hygienic practices while on duty.

C. All body-piercers, ear-piercers, and ear-piercers earlobe only must clean their hands thoroughly using hot or tempered water with a liquid germicidal soap or use sanitizing solution to clean hands before and after piercing and as necessary to remove contaminants.

D. All body-piercers, ear-piercers, and ear-piercers earlobe only must wear single-use examination gloves while assembling instruments and another pair of single-use examination gloves while providing piercing services.

E. Each time there is an interruption in the service, each time the gloves become torn or perforated or become contaminated, or whenever the ability of the gloves to function as a barrier is compromised:

Gloves must be removed and disposed of; and
Hands must be cleaned and a fresh pair of gloves used.

F. Body-piercers, ear-piercers, and ear-piercers earlobe only must use standard precautions while providing piercing services. A body-piercer, ear-piercer, or ear-piercer earlobe only diagnosed with a communicable disease must provide to the Department of Professional and Occupational Regulation a written statement from a health care practitioner that the body-piercer's, ear-piercer's, or ear-piercer's earlobe only condition no longer poses a threat to public health.

G. Body-piercers, ear-piercers, and ear-piercers earlobe only with draining lesions on their hands or face will not be permitted to work until cleared by a health care professional.

H. All client areas to be pierced must be cleaned with an approved germicidal soap or antiseptic product according to the label directions. In the case of oral piercings, the operator must provide the individual with antiseptic mouthwash in a single-use cup and must ensure that the individual utilizes the mouthwash provided. In the case of a lip, labret, or cheek piercing, procedures described in this subsection for both skin and oral piercings must be followed.

I. If shaving is required, razors must be single-use and disposed of in a puncture-resistant container.

J. Each body-piercer, ear-piercer, or ear-piercer earlobe only performing any piercing procedures in the salon must have the education, training, and experience, or any combination thereof, to practice aseptic technique and prevent the transmission of bloodborne pathogens. All procedures must be performed using aseptic technique.

K. An individual, single-use, pre-sterilized piercing needle must be used for each client. Single-use disposable instruments must be disposed of in a puncture-resistant container.

L. Used, nondisposable instruments must be kept in a separate, puncture-resistant container until brush scrubbed in hot water soap and then sterilized by autoclaving. Contaminated instruments must be handled with disposable gloves.

M. Used nondisposable instruments that are ultrasonically cleaned must be rinsed under running hot water prior to being placed in the used instrument container.

N. Used nondisposable instruments that are not ultrasonically cleaned prior to being placed in the used instrument container must be kept in a germicidal or soap solution until brush scrubbed in hot water and soap and sterilized by autoclaving.

O. The ultrasonic unit must be sanitized daily with a germicidal solution.

P. Nondisposable instruments must be sterilized and must be handled and stored in a manner to prevent contamination. Instruments to be sterilized must be sealed in bags made specifically for the purpose of autoclave sterilization and must include the date of sterilization. If nontransparent bags are utilized, the bag must also list the contents.

Q. Autoclave sterilization bags with a color code indicator that changes color upon proper sterilization must be utilized during the autoclave sterilization process.

R. Nondisposable instruments must be placed in the autoclave in a manner to allow live steam to circulate around them.

S. Contaminated disposable and single-use items must be disposed of in accordance with federal and state regulations regarding disposal of biological hazardous materials.

T. The manufacturer's written instruction of the autoclave l must be followed.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 12, eff. April 1, 2007; amended, Virginia Register Volume 39, Issue 22, eff. September 1, 2023; Volume 42, Issue 6, eff. December 18, 2025; Volume 42, Issue 13, eff. March 16, 2026.

18VAC41-60-210 Body-piercing and ear-piercing client qualifications, disclosures, and records

A. Except as permitted in § 18.2-371.3 of the Code of Virginia, a client must be a minimum of 18 years of age and must present at the time of the body-piercing or ear-piercing a valid, government-issued, positive identification card, including a driver's license, passport, or military identification. The identification must contain a photograph of the individual and a printed date of birth.

B. The body-piercer or ear-piercer must verify and document in the permanent client record the client's age, date of birth, and the type of identification provided.

C. No person may be body or ear pierced who appears to be under the influence of alcohol or drugs.

D. Body-piercing or ear-piercing must not be performed on any skin surface that manifests any evidence of unhealthy conditions such as rashes, boils, infections, or abrasions.

E. Before receiving a body-piercing or ear-piercing, each client and client's parent or guardian, if applicable, must be informed verbally and in writing, using the client disclosure form prescribed by the board, about the possible risk and dangers associated with the application of each body-piercing or ear-piercing. Signatures of the client, the client's parent or guardian, if applicable, and the body-piercer or ear-piercer must be required on the client disclosure form to acknowledge receipt of both the verbal and written disclosures. Each client and client's parent or guardian, if applicable, must be informed verbally and in writing of aftercare for each piercing.

F. The body-piercing or ear-piercing salon or temporary location must maintain proper records for each client. The information must be permanently recorded and made available for examination by the department or authorized agent. Records must be maintained at the body-piercing or ear-piercing salon for at least two years following the date of the last entry. The temporary location client records must be maintained by the license holder. The permanent records must include the following:

The name, address, and telephone number of the client or client's parent or guardian , if applicable;
The date piercing was performed;
The client's age, date of birth, and a copy of the positive identification provided to the body-piercer or ear-piercer;
The specific type of jewelry used for the piercing and, when available, the manufacturer's catalog or identification number for the type of jewelry used;
The location on the body where the piercing was performed;
The name of the body-piercer or ear-piercer;
A statement that the client or client's parent or guardian , if applicable, has received a copy of applicable written care instructions and that the client has read and understands the instructions; and
The signature of the client and, if applicable, parent or guardian.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 12, eff. April 1, 2007; amended, Virginia Register Volume 42, Issue 6, eff. December 18, 2025; Volume 42, Issue 13, eff. March 16, 2026.

18VAC41-60-220 Grounds for license revocation or suspension or probation; denial of application, renewal, or reinstatement; or imposition of a monetary penalty

The board may, in considering the totality of the circumstances, refuse to issue, renew or reinstate any license; impose a monetary penalty; place a license on probation with such terms and conditions and for such time as it may designate; suspend a license for a stated period of time; or revoke a license issued under the provisions of Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia and this chapter if the board finds that the licensee or applicant:

Is incompetent or negligent in practice or unable, as a result of any mental or physical condition, as those terms are generally understood in the profession, to skillfully and safely (i) practice as a body-piercer, ear-piercer, or ear-piercer earlobe only or (ii) operate a body-piercing, ear-piercing, or ear-piercing earlobe only salon;
Is convicted of fraud or deceit in the practice of body-piercing, ear-piercing, or ear-piercing earlobe only;
Attemptsto obtain or obtains, renews, or reinstates a license by false or fraudulent representation;
Violates or induces others to violate, or cooperates with others in violating, any of the provisions of this chapter or Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia or any local ordinance or regulation governing standards of health and sanitation of the establishment in which body-piercers, ear-piercers, or ear-piercers earlobe only may practice or offer to practice;
Offers, gives, or promises anything of value or benefit to any federal, state, or local employee for the purpose of influencing that employee to circumvent in the performance of the employee's duties any federal, state, or local law, regulation, or ordinance governing body-piercing, ear-piercing, or ear-piercing earlobe only as defined in § 54.1-700 of the Code of Virginia;
Fails to respond to the board or any of its agents or provides false, misleading, or incomplete information to an inquiry by the board or any of its agents;
Fails or refuses to allow the board or any of its agents to inspect during reasonable hours any licensed salon for compliance with provisions of Chapter 7 (§ 54.1-700 et seq.) of Title 54 of the Code of Virginia or this chapter;
Fails to produce, upon request or demand of the board or any of its agents, any document, book, record, or copy thereof in a licensee's, apprentice's, temporary license holder's, applicant's or responsible management's possession or maintained in accordance with this chapter;
Fails to notify the board of a change of name or address in writing within 30 days of the change for each and every license, apprentice, or temporary license;
Makes any misrepresentation or publishes or causes to be published any advertisement that is false, deceptive, or misleading;
Fails to notify the board in writing within 30 days of any final action or disciplinary action taken against a license, apprentice, temporary license, or certificate in any jurisdiction by a local, state, or national regulatory body;
Has been convicted or found guilty, regardless of the manner of adjudication in Virginia or any other jurisdiction of the United States, of any felony, there being no appeal pending therefrom or the time for appeal having elapsed. Review of convictions shall be subject to the requirements of § 54.1-204 of the Code of Virginia;
Fails to inform the board in writing within 30 days of pleading guilty or nolo contendere or being convicted or found guilty regardless of adjudication of any convictions as stated in subdivision 12 of this section;
Allows, as responsible management of a salon, a person who has not obtained a license or temporary license to practice as a body-piercer, ear-piercer, or ear-piercer earlobe only, unless the person is duly enrolled as an apprentice;
Fails to take sufficient measures to prevent transmission of communicable or infectious diseases or fails to comply with sanitary requirements provided for in this chapter or any local, state, or federal law or regulation governing the standards of health and sanitation for the practice of body-piercing, ear-piercing, or ear-piercing earlobe only, or the operation of body-piercing, ear-piercing, or ear-piercing earlobe only salon; or
Fails to comply with all procedures established by the board and the testing service with regard to conduct at any board examination.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 12, eff. April 1, 2007; amended, Virginia Register Volume 29, Issue 26, eff. November 1, 2013; Volume 39, Issue 22, eff. September 1, 2023; Volume 42, Issue 6, eff. December 18, 2025; Volume 42, Issue 13, eff. March 16, 2026.

Chapter 70 Esthetics Regulations

Part I General

18VAC41-70-10 Definitions

A. The following words and terms when used in this chapter have the meanings ascribed to them in § 54.1-700 of the Code of Virginia:

"Board"

"Esthetician"

"Esthetics"

"Esthetics instructor"

"Esthetics spa"

"Master esthetician"

"School of esthetics"

B. The following words and terms when used in this chapter have the following meanings unless the context clearly indicates otherwise:

"Apprenticeship program" means an approved esthetics or master esthetics training program conducted by an approved registered apprenticeship sponsor.

"Business entity" means a sole proprietorship, partnership, corporation, limited liability company, limited liability partnership, or any other form of organization permitted by law.

"Clock hour" means a minimum of 50 minutes of supervised or directed instruction and appropriate breaks.

"Credit hour" means a combination of the number of hours in class each week and the number of hours per week in a laboratory by which a school may measure course work. One unit of credit equals one hour of classroom or online study, two hours of laboratory experience, or three hours of internship or practicum or a combination of the three times the number of weeks in the term.

"Direct supervision" means that (i) a Virginia licensed esthetician or master esthetician is present in the esthetics spa or esthetics school at all times when services are being performed by a temporary license holder or registered apprentice or (ii) a Virginia licensed and certified esthetician or master esthetician instructor or a student instructor temporary license holder is present in the esthetics school at all times when services are being performed by a student, student instructor, or temporary license holder.

"Each and every location" means, for the purposes of schools with multiple suites or classrooms, a single location is one that is enclosed under one roof and where all classrooms and suites are within 500 feet of the main office.

"Firm" means any business entity recognized under the laws of the Commonwealth of Virginia.

"Licensee" means any individual or firm holding a license issued by the board.

"Post-secondary educational level" means an accredited college or university that is approved or accredited by an accrediting agency that is recognized by the U.S. Secretary of Education.

"Reinstatement" means having a license restored to effectiveness after the expiration date has passed.

"Renewal" means continuing the effectiveness of a license or certificate for another period of time.

"Responsible management" means the following individuals:

The sole proprietor of a sole proprietorship;
The partners of a general partnership;
The managing partners of a limited partnership;
The officers of a corporation;
The managers of a limited liability company;
The officers or directors of an association; and
Individuals in other business entities recognized under the laws of the Commonwealth as having a fiduciary responsibility to the firm.

"Substantially equivalent exam" means an examination administered by the licensing entity that covers Virginia's scope of practice for that profession.

"Substantially equivalent training" means at least 80% of the hours required in Virginia and curriculum content covering Virginia's scope of practice for that profession.

"Virginia state institution" means any institution approved by the Virginia Department of Education.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 20, 2007; amended, Virginia Register Volume 33, Issue 8, February 1, 2017; Volume 42, Issue 5, eff. December 1, 2025.

18VAC41-70-15 Gratuitous services

As provided in subdivision 5 of § 54.1-701 of the Code of Virginia, any individual who engages in esthetics or master esthetics without receiving compensation, reward, or obligation is considered to be performing gratuitous services and is exempt from the provisions of this chapter. Gratuitous services do not include services provided at no charge when goods are purchased.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 5, eff. December 1, 2025.

Part II Entry

18VAC41-70-20 General requirements for an esthetician license or master esthetician license

A. Any individual wishing to engage in esthetics or master esthetics must obtain a license in compliance with § 54.1-703 of the Code of Virginia and meet the following qualifications:

The applicant must be in good standing as a licensed esthetician or master esthetician in Virginia and all other jurisdictions where licensed, certified, or registered. The applicant must provide a copy of any disciplinary action taken in Virginia and all other jurisdictions to the board at the time of application for licensure. This includes monetary penalties, fines, probation, suspensions, revocations, surrender of a license in connection with a disciplinary action, or voluntary termination of a license.

Upon review of an applicant's prior disciplinary action, the board, in its discretion, may deny licensure to any applicant who the board deems unfit or unsuited to engage in esthetics or master esthetics.

The applicant must disclose the applicant's physical address. A post office box may be provided as a secondary address.
The applicant must sign, as part of the application, a statement certifying that the applicant has read and understands the Virginia esthetics license laws and this chapter.
In accordance with § 54.1-204 of the Code of Virginia, each applicant must disclose all felony convictions in Virginia and all other jurisdictions within 10 years of the date of application.

The board, in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

The applicant must provide evidence satisfactory to the board that the applicant has passed the board-approved examination requirement administered either by the board or by independent examiners.

B. Eligibility to sit for board-approved examination.

Training in the Commonwealth of Virginia. Any person completing one of the following programs is eligible for examination:

a. An approved esthetics or master esthetics training program in a Virginia licensed esthetics or master esthetics school; or

b. A registered apprenticeship.

Training outside of the Commonwealth of Virginia.

a. Any person completing esthetics training or an apprenticeship program that is substantially equivalent to the Virginia program but is outside of the Commonwealth of Virginia must submit to the board documentation of the successful completion of training to be eligible for examination. Applicants who have earned a degree from an institution outside the United States must have the degree translated, authenticated, and evaluated by an education evaluation service if the applicant is seeking credit for the education. The board, in its discretion, may decline to accept any evaluation submitted by an applicant.

b. An applicant who has completed a training or apprenticeship program that is not substantially equivalent to Virginia's training must submit documentation acceptable to the board verifying three years of work experience. An applicant should provide a work history demonstrating three years of experience as a licensed esthetician or master esthetician in any other state or jurisdiction of the United States on a form provided by the board.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 20, 2007; amended, Virginia Register Volume 33, Issue 8, February 1, 2017; Volume 38, Issue 4, eff. December 1, 2021; Volume 42, Issue 5, eff. December 1, 2025.

18VAC41-70-30 License by endorsement

A. Upon proper application to the board, any person currently licensed to practice as an esthetician or master esthetician or who is a licensed instructor in the respective profession in any other state or jurisdiction of the United States and who has completed a training or apprenticeship program and a written examination and a practical examination that are substantially equivalent to the training and examinations required by this chapter may be issued an esthetician or master esthetician license or the respective instructor certificate without an examination. The applicant must also meet the requirements set forth in 18VAC41-70-20 A.

B. Applicants for licensure by endorsement who have completed an equivalent training or apprenticeship program and whose state only utilizes one licensing examination (written or practical) that is substantially equivalent to that required by this chapter may take the other examination (written or practical) in Virginia to qualify for licensure.

C. Applicants for licensure by endorsement who have completed a training or apprenticeship program that is not substantially equivalent to Virginia's training but otherwise meet all the requirements listed in subsection A of this section may substitute three years of work experience for training. Applicants must provide a work history demonstrating three years of licensed experience in any other state or jurisdiction of the United States on a form provided by the board.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 20, 2007; amended, Virginia Register Volume 33, Issue 8, February 1, 2017; Volume 42, Issue 5, eff. December 1, 2025.

18VAC41-70-35 Apprenticeship training

A. Licensed estheticians and master estheticians who train apprentices must comply with the standards for apprenticeship training.

B. Licensed spas where apprentices train must comply with the standards for registered apprenticeship training.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 8, eff. February 1, 2017; amended, Virginia Register Volume 42, Issue 5, eff. December 1, 2025.

18VAC41-70-40 Examination requirements and fees

A. Applicants for initial licensure must pass a practical examination and a written examination approved by the board.

D. Any candidate failing to apply for initial licensure within five years of passing both the practical and written examinations will be required to retake both examinations.

E. Any applicant who does not pass a reexamination within one year of the initial examination date will be required to submit a new application.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 20, 2007; amended, Virginia Register Volume 33, Issue 8, February 1, 2017; Volume 42, Issue 5, eff. December 1, 2025.

18VAC41-70-50 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 20, 2007; repealed, Virginia Register Volume 42, Issue 5, eff. December 1, 2025.

18VAC41-70-60 Examination administration

A. The examination must be administered by the board or the designated testing service. The practical examination must be supervised by a chief examiner.

B. Every esthetics or master esthetics examiner must hold a current Virginia license in the respective profession, have three or more years of active experience as a licensed professional, and be currently practicing in that profession.

C. No certified esthetics or master esthetics instructor who (i) is currently teaching, (ii) is a school owner, or (iii) is an apprentice sponsor may be an examiner.

D. Each esthetics or master esthetics chief examiner must (i) hold a current Virginia license in the respective profession, (ii) have three or more years of active experience in that profession, (iii) have one year of active experience as an examiner, and (iv) be currently practicing in the respective profession.

E. The applicant must follow all procedures established by the board with regard to conduct at an examination. Such procedures include written instructions communicated prior to the examination date and instructions communicated at the site on the date of the examination. Failure to comply with all procedures established by the board and the testing service with regard to conduct at the examination may be grounds for denial of application.

F. Examiners and chief examiners must attend training workshops sponsored by the board or by a testing service acting on behalf of the board.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 20, 2007; amended, Virginia Register Volume 33, Issue 8, February 1, 2017; Volume 42, Issue 5, eff. December 1, 2025.

18VAC41-70-70 Esthetician and master esthetician temporary license

Licensed master estheticians may supervise estheticians and waxing temporary license holders. Licensed estheticians may supervise waxing temporary license holders.

B. The temporary license will remain in force for 90 days, and no subsequent temporary license shall be issued.

C. Any person continuing to practice esthetics services after a temporary license has expired may be prosecuted and fined by the Commonwealth under §§ 54.1-111 A 1 and 54.1-202 of the Code of Virginia.

D. Temporary licenses will not be issued where grounds may exist to deny a license pursuant to § 54.1-204 of the Code of Virginia or 18VAC41-70-20.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 20, 2007; amended, Virginia Register Volume 33, Issue 8, February 1, 2017; Volume 40, Issue 23, eff. August 15, 2024.

18VAC41-70-80 General requirements for spa license

A. Any firm wishing to operate an esthetics spa, including any mobile spa, must obtain a spa license in compliance with § 54.1-704.1 of the Code of Virginia, and must meet the following qualifications in order to receive a license:

The applicant and all members of the responsible management must be in good standing as a licensed spa in Virginia and all other jurisdictions where licensed, certified, or registered. The applicant and all members of the responsible management must provide a copy of any disciplinary action taken in Virginia and all other jurisdictions to the board at the time of application for licensure. This includes monetary penalties, fines, probation, suspensions, revocations, surrender of a license in connection with a disciplinary action, and voluntary termination of a license.

The applicant must disclose the applicant's physical address. A post office box may be provided as a secondary address. Mobile spas must provide a physical address where the spa is permanently garaged.
The applicant must sign, as part of the application, a statement certifying that the applicant has read and understands the Virginia esthetics license laws and this chapter.
In accordance with § 54.1-204 of the Code of Virginia, each applicant must disclose all felony convictions in Virginia and all other jurisdictions for the firm and all members of the firm's responsible management within 10 years of the date of application.

The board, in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

The applicant must disclose the firm's responsible management.

B. Spa licenses are issued to firms and are not transferable. Any changes in the name or address of the spa must be reported to the board in writing within 30 days of such changes. The board will not be responsible for the licensee's failure to receive notices, communications, and correspondence caused by the licensee's failure to promptly notify the board in writing of any change of name or address or for any other reason beyond the control of the board.

Death of a sole proprietor;
Death or withdrawal of a general partner in a general partnership or the managing partner in a limited partnership; and
Conversion, formation, or dissolution of a corporation, a limited liability company, association, or any other business entity recognized under the laws of the Commonwealth of Virginia.

E. The board or any of its agents must be allowed to inspect during reasonable hours any licensed spa for compliance with provisions of Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia or this chapter.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 20, 2007; amended, Virginia Register Volume 33, Issue 8, February 1, 2017; Volume 35, Issue 7, eff. January 1, 2019; Volume 38, Issue 4, eff. December 1, 2021; Volume 42, Issue 5, eff. December 1, 2025.

18VAC41-70-90 General requirements for a school license

A. Any firm wishing to operate an esthetics school must submit an application to the board at least 60 days prior to the date for which approval is sought, obtain a school license in compliance with § 54.1-704.2 of the Code of Virginia, and meet the following qualifications in order to receive a license:

The applicant and all members of the responsible management must be in good standing as a licensed esthetics school in Virginia and all other jurisdictions where licensed, certified, or registered. The applicant and all members of the responsible management must provide a copy of any disciplinary action taken in Virginia and all other jurisdictions to the board at the time of application for licensure. This includes monetary penalties, fines, probation, suspensions, revocations, surrender of a license in connection with a disciplinary action, and voluntary termination of a license.

The applicant must disclose the applicant's physical address. A post office box may be provided as a secondary address.
The applicant must sign, as part of the application, a statement certifying that the applicant has read and understands the Virginia esthetics license laws and this chapter.
In accordance with § 54.1-204 of the Code of Virginia, each applicant must disclose all felony convictions in Virginia and all other jurisdictions for the firm and all members of the firm's responsible management within 10 years of the date of application.

The board, in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

The applicant must disclose the firm's responsible management.

B. Esthetics school licenses are issued to firms and are not transferable. Any changes in the name or the address of record or principal place of business of the school must be reported to the board in writing within 30 days of such change. The board will not be responsible for the licensee's failure to receive notices, communications, and correspondence caused by the licensee's failure to promptly notify the board in writing of any change of name or address or for any other reason beyond the control of the board. The name of the school must indicate that it is an educational institution. All signs or other advertisements must reflect the name as indicated on the license issued by the board and contain language indicating it is an educational institution.

C. Whenever the legal business entity holding the license is dissolved or altered to form a new business entity, the original license becomes void. The firm must notify the board, apply for a new license within 30 days of the change in business entity, and destroy the license. Such changes include:

Death of a sole proprietor;
Death or withdrawal of a general partner in a general partnership or the managing partner in a limited partnership; and
Conversion, formation, or dissolution of a corporation, a limited liability company, an association, or any other business entity recognized under the laws of the Commonwealth of Virginia.

F. Esthetics schools under the Virginia Department of Education are exempt from licensure requirements.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 20, 2007; amended, Virginia Register Volume 33, Issue 8, February 1, 2017; Volume 35, Issue 7, eff. January 1, 2019; Volume 38, Issue 4, eff. December 1, 2021; Volume 42, Issue 5, eff. December 1, 2025.

18VAC41-70-100 General requirements for an esthetics and master esthetics instructor certificate

A. Any individual wishing to engage in esthetics or master esthetics instruction must meet the following qualifications:

The applicant must be in good standing as a licensed esthetician, master esthetician, or instructor, respectively, in Virginia and all other jurisdictions where licensed, certified, or registered. The applicant must provide a copy of any disciplinary action taken in Virginia and all other jurisdictions since being previously licensed as an esthetician or master esthetician to the board at the time of application for certification. This includes monetary penalties, fines, probation, suspensions, revocations, surrender of a license or certification in connection with a disciplinary action, or voluntary termination of a license or certification.

The applicant must hold and maintain a current Virginia esthetician or master esthetician license, respectively;
The applicant must complete one of the following qualifications:

a. Pass a course in teaching techniques at the post-secondary educational level; or

b. Pass an instructor examination administered by the board or by a testing service acting on behalf of the board; and

In accordance with § 54.1-204 of the Code of Virginia, each applicant must disclose all felony convictions in Virginia and all other jurisdictions since being previously licensed as an esthetician or master esthetician within 10 years of the date of application.

The board, in its discretion, may deny certification to any applicant in accordance with § 54.1-204 of the Code of Virginia.

B. Certified instructors may teach in any profession in which they hold the underlying license.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 20, 2007; amended, Virginia Register Volume 33, Issue 8, February 1, 2017; Volume 38, Issue 4, eff. December 1, 2021; Volume 42, Issue 5, eff. December 1, 2025.

18VAC41-70-105 Student instructor temporary license

A. A licensed esthetician or master esthetician may be granted a 12-month student instructor temporary license to function under the direct supervision of a certified instructor in a licensed school. No subsequent student instructor temporary license will be issued. A student instructor must pass an instructor examination administered by the board or by a testing service acting on behalf of the board.

B. A student instructor may teach in any profession in which the student instructor holds the underlying license. Failure to maintain an esthetician or master esthetician license will disqualify an individual from holding a student instructor temporary license.

C. Licensed estheticians and master estheticians may also supervise waxing student instructor temporary license holders. Licensed master estheticians may also supervise esthetician student instructor temporary license holders.

D. The student instructor temporary license holder must be associated with both a school and a direct supervisor.

E. Temporary licenses may not be issued where grounds may exist to deny a license pursuant to § 54.1-204 of the Code of Virginia or 18VAC41-70-100.

History

Statutory Authority: § 54.201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 5, eff. December 1, 2025.

18VAC41-70-110 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 20, 2007; amended, Virginia Register Volume 33, Issue 8, February 1, 2017; Volume 38, Issue 4, eff. December 1, 2021; repealed, Virginia Register Volume 42, Issue 5, eff. December 1, 2025.

Part III Fees

18VAC41-70-120 Fees

The following fees apply. All fees are nonrefundable and will not be prorated.

| FEE TYPE | AMOUNT DUE | WHEN DUE | | --- | --- | --- | | Individuals: | | | | Application | $120 | With application | | License by Endorsement | $120 | With application | | Renewal | $120 | With renewal card prior to expiration date | | Reinstatement | $240* includes $120 renewal fee and $120 reinstatement fee | With reinstatement application | | Instructor Certificate: | | | | Application | $140 | With application | | License by Endorsement | $140 | With application | | Renewal | $45 | With renewal card prior to expiration date | | Reinstatement | $90 includes $45 renewal fee and $45 reinstatement fee | With reinstatement application | | Spas: | | | | Application | $220 | With application | | Renewal | $220 | With renewal card prior to expiration date | | Reinstatement | $440 includes $220 renewal fee and $220 reinstatement fee | With reinstatement application | | Schools: | | | | Application | $250 | With application | | Renewal | $250 | With renewal card prior to expiration date | | Reinstatement | $500 *includes $250 renewal fee and $250 reinstatement fee | With reinstatement application |

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 20, 2007; amended, Volume 27, Issue 23, eff. September 1, 2011; Volume 30, Issue 10, eff. March 1, 2014; Volume 32, Issue 24, eff. September 1, 2016; Volume 34, Issue 22, eff. August 1, 2018; Volume 36, Issue 21, eff. September 1, 2020; Volume 38, Issue 25, eff. September 1, 2022; Volume 41, Issue 22, eff. August 1, 2025; Volume 42, Issue 5, eff. December 1, 2025.

18VAC41-70-130 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 20, 2007; repealed, Virginia Register Volume 42, Issue 5, eff. December 1, 2025.

Part IV Renewal/Reinstatement

18VAC41-70-140 License renewal required

A license or certificate issued under this chapter will expire two years from the last day of the month in which it was issued.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 20, 2007; amended, Virginia Register Volume 42, Issue 5, eff. December 1, 2025.

18VAC41-70-150 Notice of renewal

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 20, 2007; amended, Virginia Register Volume 42, Issue 5, eff. December 1, 2025.

18VAC41-70-160 Failure to renew

B. When an individual or business entity fails to renew a license or certification within two years following the expiration date, reinstatement is no longer possible. To resume practice:

The former licensee or certificate holder must apply for licensure or certification as a new applicant and must meet all current entry requirements for each respective license or certificate.
An individual previously licensed in Virginia for a minimum of three years must submit a new application and pass the required examination.

C. If a licensed school fails to renew its license within 30 days following the expiration date, the licensee must pay the reinstatement fee.

After 180 days, the school must submit a reinstatement application and must provide (i) the reasons for failing to renew prior to the expiration date and (ii) a notarized statement that all students currently enrolled or seeking to enroll at the school have been notified in writing that the school's license has expired. All of these materials shall be called the application package. After 180 days, reinstatement will be considered by the board if the school consents to and satisfactorily passes an inspection of the school. Pursuant to 18VAC41-70-90, upon receipt of the reinstatement fee, application package, and inspection results, the board may reinstate the school's license or require requalification.
If the reinstatement application package and reinstatement fee are not received by the board within six months following the expiration date of the school's license, the board will notify the testing service that prospective graduates of the unlicensed school are not acceptable candidates for the examination. Such notification will be sent to the school and must be displayed in a conspicuous manner by the school in an area that is accessible to the public. No student will be disqualified from taking the examination because the school was not licensed for a portion of the time the student attended if the school license is reinstated by the board.

E. When a license or certificate is reinstated, the licensee or certificate holder will be assigned an expiration date two years from the last day of the month of reinstatement.

F. A licensee or certificate holder that reinstates a license or certificate will be regarded as having been continuously licensed without interruption. Therefore, a licensee or certificate holder will be subject to the authority of the board for activities performed prior to reinstatement.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 20, 2007; amended, Virginia Register Volume 33, Issue 8, February 1, 2017; Volume 39, Issue 22, eff. October 1, 2023; Volume 42, Issue 5, eff. December 1, 2025.

Part V Esthetics Schools

18VAC41-70-170 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 20, 2007; repealed, Virginia Register Volume 33, Issue 8, February 1, 2017.

18VAC41-70-180 General requirements

A. An esthetics school must:

Hold a school license for each and every location. Any suites or classrooms that are located in a different building or are further than 500 feet from the main office are considered a separate location and require the school hold an additional license.
Hold a spa license if the school receives compensation for services provided in its clinic.
Employ and ensure all training is conducted under the direct supervision of licensed and certified esthetics instructors or master esthetics instructors, respectively. A list of all certified instructors must be provided with the application for licensure.

a. Licensed and certified esthetics instructors and master esthetics instructors may also instruct a waxing program.

b. Licensed and certified master esthetics instructors may also instruct an esthetics program.

c. Any change in instructors must be reported to the board within 30 days of the change.

Develop individuals for entry-level competency in esthetics and master esthetics.
Submit curricula for board approval. All changes to curricula must be resubmitted and approved by the board.

a. Esthetician curricula must be based on a minimum of 600 clock or equivalent credit hours and must include performances in accordance with 18VAC41-70-200 A.

b. Master esthetician curricula must be based on a minimum of 600 clock or equivalent credit hours and must include performances in accordance with 18VAC41-70-200 B.

Inform the public that all services are performed by students if the school receives compensation for services provided in its clinic by posting a notice in the reception area of the spa in plain view of the public.
Conduct classroom instruction in an area separate from the clinic area where practical instruction is conducted and services are provided. A sketch of the school floor plan must be included in the application for licensure.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 20, 2007; amended, Virginia Register Volume 33, Issue 8, February 1, 2017; Volume 42, Issue 5, eff. December 1, 2025.

18VAC41-70-190 Curriculum and hours of instruction requirements

A. Each esthetics school must submit with its application a curriculum, including a course syllabus, a detailed course content outline, a copy of any course text, a sample of five lesson plans, a sample of evaluation methods to be used, days and hours of instruction, program length, a sample of a final transcript, a breakdown of hours and performances for all courses to be taught that will lead to licensure, and a sample test of at least 25 questions that will be administered to students, including answer key.

B. The outline for esthetics must include the following:

Orientation and business topics - minimum of 25 hours of instruction.

a. School policies;

b. Management;

c. Sales, inventory, and retailing;

d. Taxes and payroll;

e. Insurance;

f. Client records and confidentiality; and

g. Professional ethics and practices.

Laws and regulations - minimum of 10 hours of instruction.
General sciences - minimum of 80 hours of instruction.

a. Bacteriology;

b. Microorganisms;

c. Infection control, disinfection, and sterilization;

d. Occupational Safety and Health Administration (OSHA) requirements;

e. Safety Data Sheet (SDS);

f. General procedures and safety measures;

g. Cosmetic chemistry;

h. Products and ingredients; and

i. Nutrition.

Applied sciences - minimum of 95 hours of instruction.

a. Anatomy and physiology;

b. Skin structure and function;

c. Skin types;

d. Skin conditions; and

e. Diseases and disorders of the skin.

Skin care - minimum of 255 hours of instruction.

a. Health screening;

b. Skin analysis and consultation;

c. Effleurage and related movements and manipulations of the face and body;

d. Cleansing procedures;

e. Masks;

f. Extraction techniques;

g. Machines, equipment, and electricity;

h. Manual facials and treatments;

i. Machine, electrical facials, and treatments; and

j. General procedures and safety measures.

Makeup - minimum of 65 hours of instruction.

a. Setup, supplies, and implements;

b. Color theory;

c. Consultation;

d. General and special occasion application;

e. Camouflage;

f. Application of false lashes and lash extensions;

g. Lash and tinting;

h. Lash perming;

i. Lightening of the hair on body, except scalp; and

j. General procedures and safety measures.

Body and other treatments - minimum of 20 hours of instruction.

a. Body treatments;

b. Body wraps;

c. Body masks;

d. Body scrubs;

e. Aromatherapy; and

f. General procedures and safety measures.

Hair removal - minimum of 50 hours of instruction.

a. Types of hair removal;

b. Wax types;

c. Tweezing;

d. Chemical hair removal;

e. Mechanical hair removal; and

f. General procedures and safety measures.

C. The outline for master esthetics must include the following:

Orientation, advanced business subjects, and infection control - minimum of 45 hours of instruction.

a. School policies and procedures;

b. Professional ethics and practices;

c. Ethics and professional conduct;

d. Insurance and liability issues;

e. Confidentiality and Health Insurance Portability and Accountability Act of 1996 Privacy Rule (HIPAA);

f. Client records and documentation;

g. Microbiology and bacteriology;

h. Infection control, disinfection, and sterilization;

i. Occupational Safety and Health Administration (OSHA), U.S. Food and Drug Administration (FDA);

j. Safety Data Sheet (SDS); and

k. Personal protective equipment.

State laws, rules, and regulations - minimum of 10 hours of instruction.
Advanced anatomy and physiology - minimum of 65 hours of instruction.

a. Advanced anatomy and physiology;

b. Advanced skin structure and functions;

c. Advanced skin typing and conditions;

d. Advanced disease and disorders;

e. Advanced cosmetic ingredients;

f. Pharmacology; and

g. Advanced homecare.

Advanced skin care and advanced modalities - minimum of 90 hours of instruction.

a. Introduction to microdermabrasion and dermaplaning;

b. Indications and contraindications for crystal microdermabrasion;

c. General procedures and safety measures for crystal microdermabrasion;

d. Indications and contraindications for crystal-free microdermabrasion and dermaplaning;

e. General procedures and safety measures for crystal-free microdermabrasion and dermaplaning;

f. Equipment safety: crystal and crystal-free microdermabrasion and dermaplaning;

g. Waste disposal, Occupational Safety and Health Administration (OSHA);

h. Introduction to microdermabrasion techniques and proper protocols;

i. Machine parts, operation, protocols, care, waste disposal, and safety;

j. Practical application and consultation for crystal microdermabrasion;

k. Practical application and consultation for crystal-free microdermabrasion and dermaplaning; and

l. Pretreatment and posttreatment for microdermabrasion.

Advanced procedures and chemical exfoliation - minimum of 270 hours of instruction.

a. Advanced skin analysis and consultation and health screening and documentation;

b. Advanced procedures, light treatments, light-emitting diode (LED), intense pulsed light (IPL) device;

c. Advanced manual, machine, and electric treatments, microcurrent, and ultrasound;

d. Introduction to chemical exfoliation and peels of the epidermis;

e. Fundamentals of skin care associated with chemical exfoliation and peels and wound healing;

f. Pretreatment and posttreatment for chemical exfoliation and peels;

g. Assessing suitability and predicting chemical exfoliation efficacy;

h. General practical application and consultation protocols;

i. Practical application and consultation for enzymes, herbal exfoliations, and vitamin-based peels;

j. Indications and contraindications for enzymes, herbal exfoliations, and vitamin-based peels;

k. General procedures and safety measures for enzymes, herbal exfoliations, and vitamin-based peels;

l. Pretreatments and posttreatments for enzymes, herbal exfoliations, and vitamin-based peels;

m. Practical application and consultation for alpha hydroxy peels;

n. Indications and contraindications for alpha hydroxy peels;

o. General procedures and safety measures for alpha hydroxy peels;

p. Pretreatment and posttreatment for alpha hydroxy peels;

q. Practical application and consultation for beta hydroxy peels;

r. Indications and contraindications for beta hydroxy peels;

s. General procedures and safety measures for beta hydroxy peels;

t. Pretreatment and posttreatment for beta hydroxy peels;

u. Practical application and consultation for Jessner and Modified Jessner peels;

v. Indications and contraindications for Jessner and Modified Jessner peels;

w. General procedures and safety measures for Jessner and Modified Jessner peels;

x. Pretreatment and posttreatment for Jessner and Modified Jessner peels;

y. Practical application and consultation for trichloracetic acid peels;

z. Indications and contraindications for trichloracetic acid peels;

aa. General procedures and safety measures for trichloracetic acid peels; and

bb. Pretreatment and posttreatment for trichloracetic acid peels.

Lymphatic drainage - minimum of 120 hours of instruction.

a. Introduction to lymphatic drainage;

b. Tissues and organs of the lymphatic system;

c. Functions of the lymphatic system;

d. Immunity;

e. Etiology of edema;

f. Indications and contraindications for lymphatic drainage;

g. Lymphatic drainage manipulations and movements;

h. Face and neck treatment sequence;

i. Lymphatic drainage on the trunk and upper extremities;

j. Lymphatic drainage on the trunk and lower extremities;

k. Cellulite;

l. Using lymphatic drainage with other treatments; and

m. Machine-aided lymphatic drainage.

D. A licensed esthetics school with an approved esthetics program may conduct an assessment of a transfer student's competence in esthetics and, based on the assessment, give credit toward the requirements specified in subsection B of this section and 18VAC41-70-200 A. A licensed esthetics school with an approved master esthetics program may conduct an assessment of a transfer student's competence in master esthetics and, based on the assessment, give credit toward the requirements specified in subsection C of this section and 18VAC41-70-200 B.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 20, 2007; amended, Virginia Register Volume 38, Issue 11, eff. March 7, 2022; Volume 42, Issue 5, eff. December 1, 2025.

18VAC41-70-200 Practical performance requirements

A. The curriculum for estheticians must include the following minimum practical performances:

| Consultations, cleansings and analysis of face and body | 35 | | --- | --- | | Manual facials and treatments | 65 | | Machine or electrical facials and treatments | 50 | | Body treatments and back treatments | 20 | | Makeup | 25 | | Hair Removal | 25 | | TOTAL | 220 |

B. The curriculum for master estheticians must include the following minimum performances:

| Advanced treatments | 40 | | --- | --- | | Microdermabrasion | 50 | | Chemical exfoliation | 75 | | Lymphatic drainage treatments | 50 | | TOTAL | 215 |

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 20, 2007; amended, Virginia Register Volume 42, Issue 5, eff. December 1, 2025.

18VAC41-70-210 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 20, 2007; repealed, Virginia Register Volume 42, Issue 5, eff. December 1, 2025.

18VAC41-70-220 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 20, 2007; repealed, Virginia Register Volume 33, Issue 8, February 1, 2017.

18VAC41-70-230 Records

Enrollment application containing the student's signature and a two-inch by two-inch color head and shoulders photograph of the student;
Daily record of attendance containing the student's signature;
Student clock hours containing the student's signature and method of calculation;
Practical performance completion sheets containing the student's signature;
Final transcript;
Course descriptions; and
All other relevant documents that account for a student's accrued clock hours and practical applications.

B. Schools must produce to the board or any of its agents, within 10 days of the request, any document, book, or record concerning any student, or for which the licensee is required to maintain records, for inspection and copying by the board or its agents. The board may extend such timeframe upon a showing of extenuating circumstances prohibiting delivery within such 10-day period.

D. Prior to a school changing ownership or a school closing, the school is required to provide to current students documentation of hours and performances completed.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 20, 2007; amended, Virginia Register Volume 33, Issue 8, February 1, 2017; Volume 42, Issue 5, eff. December 1, 2025.

18VAC41-70-240 Reporting

A. Each school must provide student rosters to the board quarterly, no later than January 15, April 15, July 15, and October 15 of every year.

Each school must provide a roster of all enrolled students and a roster of students who attended in the preceding six months prior to the reporting deadline.
Students who are enrolled but have not begun classes must be included in the report.

B. Rosters must be submitted via a secure link provided by the board on the board-supplied document, which will include the student's full name, date of birth, program type, date enrolled, the total number of hours to date, and the date completed, terminated, or withdrawn.

C. Schools with no students enrolled, but with the intention of operating, must submit a report to that effect.

D. Schools with no students enrolled that no longer wish to operate should terminate the license in accordance with this chapter.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 20, 2007; amended, Virginia Register Volume 33, Issue 8, February 1, 2017; Volume 42, Issue 5, eff. December 1, 2025.

Part VI Standards of Practice

18VAC41-70-250 Scope of practice

A. Each licensed spa or school must ensure that no licensee or student performs any service beyond the scope of practice for the esthetician or master esthetician license.

B. For chemical exfoliation of the epidermis by a licensed master esthetician, the standards for use of an exfoliator or concentration of acids will be:

Jessner and Modified Jessner solution;
Trichloracetic acid less than 20%;
Nonprescriptive alpha hydroxyl acids;
Nonprescriptive beta hydroxyl acids;
Nonprescriptive, commercially available products used in accordance with manufacturer's written instructions;
Vitamin-based acids;
Enzymes; or
Herbal exfoliators.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 20, 2007; amended, Virginia Register Volume 42, Issue 5, eff. December 1, 2025.

18VAC41-70-260 Display of license

A. The responsible management for each licensed spa or school must ensure that all current licenses and certificates issued by the board are displayed in plain view of the public either in the reception area or at individual work stations of the spa or school. Duplicate licenses and certificates must be posted in a similar manner in every spa or school location where the regulant provides services.

B. The responsible management for each spa or school must ensure that no employee, licensee, student, or apprentice performs any service beyond the scope of practice for the applicable license.

C. All licensees and certificate holders must operate under the name in which the license or temporary license is issued.

D. Proof of apprenticeship registration issued by the applicable agency of the Virginia Department of Workforce Development Advancement (VDWDA) must be displayed in plain view of the public either in the reception area or at individual work stations of the spa. The apprentice sponsor must require each apprentice to wear a badge clearly indicating status as a VDWDA registered apprentice.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 20, 2007; amended, Virginia Register Volume 33, Issue 8, February 1, 2017; Volume 42, Issue 5, eff. December 1, 2025.

18VAC41-70-270 Sanitation and safety standards for spas and schools

A. Sanitation and safety standards.

Any spa or school where esthetics services are delivered to the public must be clean and sanitary at all times.
Mobile spas must be stationary while providing services and may not operate where prohibited by local ordinance.
Compliance with these rules does not confer compliance with other requirements set forth by federal, state, and local laws, codes, ordinances, and regulations as they apply to business operation, physical construction and maintenance, safety, and public health.
Licensees must take sufficient measures to prevent the transmission of communicable and infectious diseases and comply with the sanitation standards identified in this section and must ensure that all employees likewise comply.

B. Disinfection and storage of implements.

Each esthetician and master esthetician must have a wet disinfection unit available for use and must meet the standards in the definition of wet disinfection requirements. A wet disinfection unit must have a cover to prevent contamination and any disinfection solutions must be used according to manufacturer instructions.
Disinfection of multiuse implements constructed of hard, nonporous materials such as metal, glass, or plastic that the manufacturer designed for use on more than one client is to be carried out in the following manner prior to servicing a client:

a. Remove all foreign matter from the object, utilizing a brush if needed;

b. Wash thoroughly with hot water and soap;

c. Rinse thoroughly with clean water and dry thoroughly with a clean paper towel;

d. Fully immerse implements into wet disinfectant solution for a minimum of 10 minutes; and

Single-use items designed by the manufacturer for use on no more than one client should be discarded immediately after use on each individual client, including powder puffs, lip color, cheek color, sponges, styptic pencils, wood implements, chamois, skin care implements, or disposable razors. The disinfection and reuse of these items is not permitted and the use of single-use items on more than one client is prohibited.
For the purpose of recharging, rechargeable tools or implements may be stored in an area other than in a closed cabinet or container. This area must be clean.
All wax pots must be cleaned and disinfected with an EPA-registered disinfectant that is bactericidal, virucidal, and fungicidal with no sticks left standing in the wax at any time. The area immediately surrounding the wax pot must be clean and free of clutter, waste materials, spills, and any other items that may pose a hazard.
Sinks, bowls, tubs, whirlpool units, air-jetted basins, pipe-less units, and non-whirlpool basins necessitated by the performance of skin care services must be maintained in accordance with manufacturer's recommendations. They must be cleaned and disinfected immediately after each client in the following manner:

a. Drain all water and remove all debris;

b. Clean the surfaces and walls with soap or detergent to remove all visible debris, oils, and product residues and then rinse with water;

c. Disinfect by spraying or wiping the surface with an EPA-registered disinfectant that is bactericidal, virucidal, and fungicidal in accordance with manufacturer directions; and

d. Wipe dry with a clean towel.

C. General sanitation and safety requirements.

Service chairs, workstations and workstands, and back bars must be clean;
The floor surface in all work areas must be of a washable surface other than carpet;
All furniture, fixtures, walls, floors, windows, and ceilings must be in good repair and free of water seepage and dirt. All mats must be secured or lie flat;
A fully functional bathroom with a working toilet and sink must be available for clients. There must be hot and cold running water. Fixtures must be in good condition. The bathroom must be lighted and sufficiently ventilated. There must be soap and clean single-use towels or a hand air-drying device for the client's use. For facilities newly occupied after January 1, 2017, the bathroom must be available for client use and must adhere to all sanitation requirements of this chapter;
Electrical cords must be placed to prevent entanglement by the client or licensee and electrical outlets must be covered by plates;
All sharp tools, implements, and heat-producing appliances must be in safe working order at all times, safely stored, and placed so as to prevent any accidental injury to the client or licensee;
The spa area must be sufficiently ventilated to exhaust hazardous or objectionable airborne chemicals and to allow the free flow of air; and
Adequate lighting must be provided.

D. Articles, tools, and products.

Any multiuse article, tool, or product that cannot be cleansed or disinfected is prohibited from use;
Soiled implements must be removed from the tops of work stations immediately after use;
Clean spatulas, other clean tools, or clean disposable gloves must be used to remove bulk substances from containers;
Any multiuse article, tool, or product that cannot be disinfected by full immersion as specified in 18VAC41-70-270 B 2 or cleaned according to manufacturer's recommendation, including natural hairbrushes or neck dusters, is prohibited from use;
Lotions, ointments, creams, and powders must be accurately labeled and kept in closed containers. A clean spatula must be used to remove creams or other products from jars. Sterile cotton or sponges must be used to apply creams, lotions, and powders. Cosmetic containers must be covered after each use;
All appliances must be safely stored;
Presanitized tools and implements, linens, and equipment must be stored for use in a sanitary enclosed cabinet or covered receptacle;
Clean towels, robes, or other linens must be used for each patron. Clean towels, robes, or other linens must be stored in a clean predisinfected and dry cabinet, drawer, or nonairtight covered container. Soiled towels, robes, or other linens must be stored in a container enclosed on all sides, including the top, except if stored in a separate laundry room;
No substance other than a sterile styptic powder or sterile liquid astringent approved for homeostasis and applied with a sterile single-use applicator may be used to check bleeding; and
Any disposable material making contact with blood or other body fluid must be double-bagged, labeled as a biohazard, and disposed of in a closed receptacle.

E. Chemical storage and emergency information.

Spas and schools must have in the immediate working area a binder with all Safety Data Sheets (SDS) provided by manufacturers for any chemical products used;
Spas and schools must have a blood spill clean-up kit in the work area that contains, at a minimum, latex gloves, two 12-inch by 12-inch towels, one disposable trash bag, bleach, one empty spray bottle, and one mask with face shield or any Occupational Safety and Health Administration (OSHA) approved blood spill clean-up kit;
Flammable chemicals must be labeled and stored in a nonflammable storage cabinet or a properly ventilated room; and
Chemicals that could interact in a hazardous manner (e.g., oxidizers, catalysts, and solvents) must be labeled and separated in storage.

F. Client health guidelines.

All employees providing client services must cleanse their hands with a soap product prior to providing services to each client;
All employees providing client services must wear gloves while providing services when exposure to bloodborne pathogens is possible;
No spa or school providing esthetics services will have on the premises esthetics products containing hazardous substances that have been banned by the U.S. Food and Drug Administration (FDA) for use in esthetics products;
No product will be used in a manner that is disapproved by the FDA; and
Esthetics spas must be in compliance with current building and zoning codes.

G. In addition to the requirements set forth in this section, all licensees and temporary license holders must adhere to regulations and guidelines established by the Virginia Department of Health and the Occupational and Safety Division of the Virginia Department of Labor and Industry.

H. All spas and schools must immediately report the results of any inspection of the spa or school by the Virginia Department of Health as required by § 54.1-705 of the Code of Virginia.

I. All spas and schools must conduct a self-inspection on an annual basis and maintain a self-inspection form on file for five years so that it may be requested and reviewed by the board at its discretion.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 20, 2007; amended, Virginia Register Volume 33, Issue 8, February 1, 2017; Volume 36, Issue 9, eff. February 10, 2020; Volume 39, Issue 4, eff. December 1, 2022; Volume 42, Issue 5, eff. December 1, 2025.

18VAC41-70-280 Grounds for license or certificate revocation, suspension, or probation; denial of application, renewal or reinstatement; or imposition of a monetary penalty

The board may, in considering the totality of the circumstances, refuse to issue, renew, or reinstate a license or certificate; impose a monetary penalty; place a license or certificate on probation with such terms and conditions and for such time as it may designate; suspend a license or certificate for a stated period of time; or revoke a license or certificate issued under the provisions of Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia and this chapter if the board finds that the licensee, certificate holder, temporary license holder, or applicant:

Is incompetent, negligent, or unable, as a result of any mental or physical condition, as those terms are generally understood in the profession, to skillfully and safely (i) practice as an esthetician or (ii) operate a spa or school;
Is convicted of fraud or deceit in the practice or teaching of esthetics or master esthetics, fails to teach in accordance with the board-approved curriculum as provided for in this chapter, or fails to comply with 18VAC41-70-190 D when making an assessment of credit hours awarded;
Attempts to obtain or has obtained, renewed, or reinstated a license, certificate, or temporary license by false or fraudulent representation;
Violates, induces others to violate, or cooperates with others in violating any of the provisions of this chapter or Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia or any local ordinance or regulation governing standards of health and sanitation of the establishment in which any esthetician may practice or offer to practice;
Offers, gives, or promises anything of value or benefit to any federal, state, or local employee for the purpose of influencing that employee to circumvent, in the performance of the employee's duties, any federal, state, or local law, regulation, or ordinance governing esthetics or master esthetics;
Fails to respond to the board or any of its agents or provides false, misleading, or incomplete information to an inquiry by the board or any of the board's agents;
Fails or refuses to allow the board or any of its agents to inspect during reasonable hours any licensed spa or school for compliance with provisions of Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia or this chapter;
Fails to produce, upon request or demand of the board or any of its agents, any document, book, record, or copy thereof in a licensee's, certificate holder's, temporary license holder's, applicant's, or responsible management's possession or maintained in accordance with this chapter;
Fails to notify the board of a change of name or address in writing within 30 days of the change for each and every license, certificate, or temporary license;
Makes any misrepresentation or publishes or causes to be published any advertisement that is false, deceptive, or misleading;
Fails to notify the board in writing within 30 days of any final or disciplinary action taken against a license, registration, certificate, or temporary license in any jurisdiction by a local, state, or national regulatory body;
Has been convicted or found guilty, regardless of the manner of adjudication, in Virginia or any other jurisdiction of the United States of any felony, there being no appeal pending therefrom or the time for appeal having elapsed. Review of convictions shall be subject to the requirements of § 54.1-204 of the Code of Virginia;
Fails to inform the board in writing within 30 days of pleading guilty or nolo contendere or being convicted or found guilty regardless of adjudication of convictions as stated in subdivision 12 of this section;
Allows, as responsible management of a spa, a person who has not obtained a license or a temporary license to practice, unless the person is duly enrolled as a registered apprentice;
Allows, as responsible management of a school, a person who has not obtained an instructor certificate or student instructor temporary license to practice as an esthetics or a master esthetics instructor;
Fails to take sufficient measures to prevent transmission of communicable or infectious diseases or fails to comply with sanitary requirements provided for in this chapter or any local, state, or federal law or regulation governing the standards of health and sanitation for the practices of esthetics or master esthetics or the operation of esthetics spas; or
Fails to comply with all procedures established by the board and the testing service with regard to conduct at any board examination.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 20, 2007; amended, Virginia Register Volume 33, Issue 8, eff. February 1, 2017; Volume 35, Issue 7, eff. January 1, 2019; Volume 38, Issue 4, eff. December 1, 2021; Volume 42, Issue 5, eff. December 1, 2025.

Agency 45 Board For Branch Pilots

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

18VAC45-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Board for Branch Pilots. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-902 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 2, 2008.

18VAC45-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Board for Branch Pilots, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-902 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 2, 2008.

Part II Notification of Interested Persons

18VAC45-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-902 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 2, 2008.

18VAC45-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 18VAC45-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-902 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 2, 2008.

Part III Public Participation Procedures

18VAC45-11-50 Public comment

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 2, 2008; amended, Virginia Register Volume 33, Issue 12, eff. April 1, 2017.

18VAC45-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-902 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 2, 2008.

18VAC45-11-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-902 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 2, 2008.

18VAC45-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-902 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 2, 2008.

18VAC45-11-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-902 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 2, 2008.

18VAC45-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-902 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 2, 2008.

18VAC45-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-902 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 2, 2008.

Agency 47 Cemetery Board

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

18VAC47-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Cemetery Board. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2313 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC47-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Cemetery Board, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2313 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Part II Notification of Interested Persons

18VAC47-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2313 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC47-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 18VAC47-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2313 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Part III Public Participation Procedures

18VAC47-11-50 Public comment

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008; amended, Virginia Register Volume 33, Issue 9, eff. February 13, 2017.

18VAC47-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2313 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC47-11-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2313 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC47-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2313 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC47-11-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2313 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC47-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2313 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC47-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2313 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Chapter 20 Cemetery Board Rules and Regulations

Part I General Provisions

18VAC47-20-10 Definitions

The following words and terms when used in this chapter have the definitions ascribed to them in § 54.1-2310 of the Code of Virginia or have the following meanings, unless the context clearly indicates otherwise:

"Administration" means the cost to administer and maintain records required by Chapter 23.1 (§ 54.1-2310 et seq.) of Title 54.1 of the Code of Virginia or any regulation of the board, including a percentage of compensation of employees, payment of insurance premiums, reasonable payments for employees' pension and other benefit plans, and costs of maintaining cemetery company and sales personnel compliance with the board's licensure and registration requirements.

"Approved training program" means a training program that has been approved by the board to provide training for individuals to act as a compliance agent or compliance agent designee.

"Change in ownership" means a change in 50% or more of the stockholders or partnership interest, or both, of a cemetery company.

"Compliance agent designee" means an individual who is designated by the cemetery company to ensure the compliance of the cemetery company with the provisions of Chapter 23.1 (§ 54.1-2310 et seq.) of Title 54.1 of the Code of Virginia and this chapter when the compliance agent is not available to supervise the activities of any of its affiliated cemeteries.

"Experience" means supervisory experience with a cemetery company as defined in § 54.1-2310 of the Code of Virginia.

"Licensee" means any person licensed by the board as a cemetery company.

"Outer burial container" means any container that is designed for placement in the grave around the casket including containers commonly known as burial vaults or grave boxes and grave liners.

"Perpetual care" means continuing care, maintenance, administration, and embellishment of the cemetery.

"Preneed trust fund" means those moneys held in accordance with § 54.1-2325 of the Code of Virginia.

"Principal" means the following individuals:

The sole proprietor of a sole proprietorship.
The partners of a general partnership.
The managing partners of a limited partnership.
The officers of a corporation as registered with the State Corporation Commission.
The managers of a limited liability company.
The officers or directors of an association.

"Reasonably maintain" means the building, grounds, and facilities are safe for use by the public, in good repair, and in compliance with local ordinances.

"Registrant" means any natural person registered with the board as sales personnel.

"Sales personnel" means any natural person employed by or affiliated as an independent contractor with a licensed cemetery company who deals with the public in the sale or offering for sale of any property or services enumerated in the definition of "cemetery company" contained in § 54.1-2310 of the Code of Virginia.

"Services" means any act or activity by the cemetery company in relation to arranging, supervising, interring, or disposing of the remains or commemorating the memory of deceased human beings.

History

Statutory Authority: §§ 54.1-201 and 54.1-2313 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 13, eff. April 12, 2000; Errata, 16:14 VA.R. 1911 March 27, 2000; amended, Virginia Register Volume 23, Issue 21, eff. August 1, 2007; Volume 42, Issue 8, eff. December 31, 2025.

Part II Application and Entry Requirements

18VAC47-20-20 Necessity for license and registration

No person shall engage in the business of a cemetery company in the Commonwealth without first being issued a license by the board, unless exempt by Chapter 23.1 (§ 54.1-2310 et seq.) of Title 54.1 of the Code of Virginia. All sales personnel must be registered with the board.

History

Statutory Authority: §§ 54.1-201 and 54.1-2313 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 13, eff. April 12, 2000; Errata, 16:14 VA.R. 1911 March 27, 2000.

18VAC47-20-30 Qualifications for cemetery company license

A. Every person applying for a cemetery company license must meet all of the requirements outlined in §§ 54.1-2311 and 54.1-2314 of the Code of Virginia as well as the additional qualifications of this section.

B. Each person applying for a cemetery company license and the principals of that firm must disclose, at the time the application is submitted, any current or previous cemeteries managed in Virginia or in any other jurisdictions and any disciplinary actions taken against those cemeteries or the individuals managing them. This includes any monetary penalties, fines, or disciplinary actions taken by any federal, state, or local regulatory agencies.

C. In accordance with § 54.1-2314 of the Code of Virginia, each applicant must disclose the following information about the cemetery company and any of the principals of the company:

A conviction in any jurisdiction of any felony.
All misdemeanor convictions involving fraudulent or dishonest acts within five years of the date the application is submitted.

The board, in its discretion, may deny approval of a cemetery application in accordance with § 54.1-204 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-201 and 54.1-2313 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 13, eff. April 12, 2000; Errata, 16:14 VA.R. 1911 March 27, 2000; amended, Virginia Register Volume 38, Issue 4, eff. December 1, 2021; Volume 42, Issue 8, eff. December 31, 2025.

18VAC47-20-35 Qualifications for compliance agents and designees

A. Every applicant for compliance agent or designee must have the following qualifications:

Be at least 18 years of age; and
Have two years of experience in the cemetery business and have successfully completed a board approved training course.

B. The applicant must disclose any current or previous licenses or registrations from Virginia or in any other jurisdictions and any disciplinary actions taken against those licenses or registrations. This includes any monetary penalties, fines, or disciplinary actions taken by any federal, state, or local regulatory agencies. The board, at its discretion, may deny approval of the compliance agent or designee based upon disciplinary actions by any jurisdiction.

C. The applicant must disclose any conviction or finding of guilt, regardless of adjudication, in any jurisdiction of the United States of any misdemeanor involving fraudulent or dishonest acts in the preceding five years or any felony, there being no appeal pending therefrom or the time for appeal having elapsed. The board, at its discretion, may deny approval of the compliance agent or designee in accordance with § 54.1-204 of the Code of Virginia.

D. The applicant must certify that the applicant understands and will comply with all the laws of Virginia related to cemetery company licensure under the provisions of Chapter 23.1 (§ 54.1-2310 et seq.) of Title 54.1 of the Code of Virginia and this chapter.

History

Statutory Authority: §§ 54.1-201 and 54.1-2313 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 21, eff. August 1, 2007; amended, Virginia Register Volume 42, Issue 8, eff. December 31, 2025.

18VAC47-20-40 Qualifications for registration of sales personnel

A. Cemetery company sales personnel must submit an application on a form prescribed by the board and must meet the requirements of this section.

B. Every applicant to the board for registration as sales personnel must provide the applicant's name, address, and the license number of the cemetery company the applicant will be employed by or affiliated with, and the address of each cemetery for which the applicant will act as sales personnel.

C. Each applicant for registration as sales personnel must disclose, at the time the application is submitted, any current or previous cemetery sales licenses or registrations from Virginia or in any other jurisdictions, and any disciplinary actions taken against those licenses or registrations. This includes any monetary penalties, fines, or disciplinary actions taken by any federal, state, or local regulatory agencies.

D. Each applicant for registration as sales personnel must disclose, at the time the application is submitted, the following information:

A conviction in any jurisdiction of any felony.
All misdemeanor convictions involving fraudulent or dishonest acts within five years of the date the application is submitted.

The board, in its discretion, may refuse registration of a sales personnel application in accordance with § 54.1-2314 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-201 and 54.1-2313 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 13, eff. April 12, 2000; Errata, 16:14 VA.R. 1911 March 27, 2000; amended, Virginia Register Volume 38, Issue 4, eff. December 1, 2021; Volume 42, Issue 8, eff. December 31, 2025.

18VAC47-20-50 Concurrent registration permitted; transfer of sales personnel registration

A. Sales personnel may be employed by or affiliated with more than one cemetery company, provided that a separate registration is obtained for each such employment or affiliation.

B. A sales personnel registration may be transferred from one licensed cemetery company to another. A registered salesperson may transfer from one licensed cemetery company to another by completing and submitting to the board a transfer application and the fee as set forth in 18VAC47-20-70. The registration is void if the registrant is no longer affiliated with a cemetery company.

History

Statutory Authority: §§ 54.1-201 and 54.1-2313 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 13, eff. April 12, 2000; Errata, 16:14 VA.R. 1911 March 27, 2000; amended, Virginia Register Volume 42, Issue 8, eff. December 31, 2025.

18VAC47-20-60 Qualifications of trustees

A. The trustee of a perpetual care trust fund or a preneed trust fund, other than a Virginia trust company or trust subsidiary or a federally insured bank or savings institution doing business in the Commonwealth, must meet the requirements of this section and will be governed by § 54.1-2318 of the Code of Virginia.

B. The trustee applicant must be at least 18 years of age and have a minimum of two years of experience either as an individual trustee or as an agent for a firm responsible for the management of a trust.

C. Each trustee or trust firm must provide information for the seven years prior to the submission of the application on any outstanding judgments, outstanding tax obligations, or defaults on any bonds directly related to the management of the trust. If the trustee firm or its parent or predecessor organization has, during the previous seven years, been adjudicated a bankrupt or has any proceeding for the relief of debtors, such fact must be stated.

D. Each trust firm and principals of the firm must disclose, at the time the application is submitted, any current or previous trusts managed in Virginia or in other jurisdictions, and any disciplinary actions taken against these trusts, the trust company, or the individuals managing the trusts. This includes any monetary penalties, fines, or disciplinary actions taken by any federal, state, or local regulatory agencies.

E. The trustee must meet the bonding requirements set forth in §§ 54.1-2317 and 54.1-2326 of the Code of Virginia as applicable.

F. In accordance with §§ 54.1-2317 and 54.1-2326 of the Code of Virginia, each trustee must disclose the following information about the trust firm or principals of the firm:

A conviction in any jurisdiction of any felony.
All misdemeanor convictions involving fraudulent or dishonest acts within five years of the date the application is submitted.

The board, in its discretion, may deny approval of a trustee application in accordance with § 54.1-2317 or § 54.1-2326 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-201 and 54.1-2313 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 13, eff. April 12, 2000; Errata, 16:14 VA.R. 1911 March 27, 2000; amended, Virginia Register Volume 38, Issue 4, eff. December 1, 2021; Volume 42, Issue 8, eff. December 31, 2025.

18VAC47-20-70 Application fees

A. Application fees are nonrefundable.

| Cemetery company license | $580 per cemetery | | --- | --- | | Addition of cemetery | $580 per cemetery | | Sales personnel registration or transfer of sales personnel registration | $60 per cemetery |

B. For sales personnel registration applications received between August 1, 2024, and July 31, 2026, the application fee is as follows:

| Sales personnel registration or transfer of sales personnel registration | $40 per cemetery | | --- | --- |

History

Statutory Authority: §§ 54.1-201 and 54.1-2311 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 13, eff. April 12, 2000; Errata, 16:14 VA.R. 1911 March 27, 2000; amended, Virginia Register Volume 22, Issue 6, eff. January 1, 2006; Volume 30, Issue 10, eff. March 1, 2014; Volume 40, Issue 23, eff. August 1, 2024; Volume 42, Issue 8, eff. December 31, 2025.

Part III Renewal and Reinstatement of License

18VAC47-20-80 Renewal required

Licenses and registrations issued under this chapter will expire two years from the last day of the month in which they were issued, as indicated on the license or registration.

History

Statutory Authority: §§ 54.1-201 and 54.1-2313 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 13, eff. April 12, 2000; Errata, 16:14 VA.R. 1911 March 27, 2000; amended, Virginia Register Volume 42, Issue 8, eff. December 31, 2025.

18VAC47-20-90 Qualifications for renewal

All applicants for renewal of a license or registration must meet the renewal requirements set forth in § 54.1-2311 of the Code of Virginia, and pay the renewal fee specified in 18VAC47-20-140.

History

Statutory Authority: §§ 54.1-201 and 54.1-2313 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 13, eff. April 12, 2000; Errata, 16:14 VA.R. 1911 March 27, 2000.

18VAC47-20-100 Procedures for renewal

Renewal of licenses and registrations must be on forms prescribed by the board. The Department of Professional and Occupational Regulation will notify the licensee or registrant of impending license expiration.

Failure to receive this notification does not relieve the licensee or regulant of the obligation to renew.

History

Statutory Authority: §§ 54.1-201 and 54.1-2313 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 13, eff. April 12, 2000; Errata, 16:14 VA.R. 1911 March 27, 2000; amended, Virginia Register Volume 42, Issue 8, eff. December 31, 2025.

18VAC47-20-110 Reinstatement required

A. If the requirements for renewal of a license or registration, including receipt of the fee by the board, are not complete within 30 days of the license or registration expiration date, the licensee or registrant will be required to reinstate the license or registration by meeting all renewal requirements and paying the reinstatement fee specified in 18VAC47-20-140.

B. A license or registration may be reinstated for up to five years following the expiration date with payment of the renewal and reinstatement fee. After five years, the license or registration may not be reinstated under any circumstances and the applicant must meet all current requirements and apply as a new applicant.

C. Any activity requiring a license or registration conducted subsequent to the expiration may constitute unlicensed or unregistered activity and be subject to prosecution under Chapter 1 (§ 54.1-100 et seq.) of Title 54.1 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-201 and 54.1-2313 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 13, eff. April 12, 2000; Errata, 16:14 VA.R. 1911 March 27, 2000; amended, Virginia Register Volume 42, Issue 8, eff. December 31, 2025.

18VAC47-20-120 Status of licensee or registrant during the period prior to reinstatement

A. When a license or registration is reinstated, the license or registration will continue to have the same number and will be assigned an expiration date two years from the last day of the month in which the license or registration was reinstated.

B. A licensee or registrant who reinstates the applicable license or registration will be regarded as having been continuously licensed or registered without interruption. Therefore, the licensee or registrant will remain under the disciplinary authority of the board during this entire period and may be held accountable for the person's activities during this period.

C. A licensee or registrant who fails to reinstate the applicable license or registration will be regarded as unlicensed from the expiration date of the license or registration forward.

History

Statutory Authority: §§ 54.1-201 and 54.1-2313 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 13, eff. April 12, 2000; Errata, 16:14 VA.R. 1911 March 27, 2000; amended, Virginia Register Volume 42, Issue 8, eff. December 31, 2025.

18VAC47-20-130 Board discretion to deny renewal or reinstatement

The board may deny renewal or reinstatement of a license or registration for the same reasons as the board may refuse initial licensure or registration or discipline a licensee or registrant.

History

Statutory Authority: §§ 54.1-201 and 54.1-2313 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 13, eff. April 12, 2000; Errata, 16:14 VA.R. 1911 March 27, 2000; amended, Virginia Register Volume 42, Issue 8, eff. December 31, 2025.

18VAC47-20-140 Renewal and reinstatement fees

A. All fees required by the board are nonrefundable. The date on which the fee is received by the department or its agent will determine whether the licensee or registrant is eligible for renewal or reinstatement or must reapply as a new applicant.

| Renewal of cemetery company license | $580 per cemetery | | --- | --- | | Renewal of sales personnel registration | $60 per cemetery | | Reinstatement of cemetery company license | $580 per cemetery | | Reinstatement of sales personnel registration | $60 per cemetery |

B. For renewal and reinstatement fees received between August 1, 2024, and July 31, 2026, the fees are as follows:

| Renewal of cemetery company license | $285 per cemetery | | --- | --- | | Renewal of sales personnel registration | $30 per cemetery | | Reinstatement of cemetery company license | $370 per cemetery | | Reinstatement of sales personnel registration | $45 per cemetery |

History

Statutory Authority: §§ 54.1-201 and 54.1-2313 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 13, eff. April 12, 2000; Errata, 16:14 VA.R. 1911 March 27, 2000; amended, Virginia Register Volume 22, Issue 6, eff. January 1, 2006; Volume 30, Issue 10, eff. March 1, 2014; Volume 34, Issue 15, eff. May 1, 2018; Volume 36, Issue 15, eff. May 1, 2020; Volume 38, Issue 16, eff. May 1, 2022; Volume 40, Issue 23, eff. August 1, 2024; Volume 42, Issue 8, eff. December 31, 2025.

Part IV Standards of Practice and Conduct

18VAC47-20-150 Grounds for disciplinary action

The board may suspend a license or registration for a stated period or indefinitely, revoke any license or registration, censure or reprimand any person licensed or registered by the board or place such person on probation for such time as it may designate when any licensee or registrant has been found to have violated or cooperated with others in violating any provision of Chapter 23.1 (§ 54.1-2310 et seq.) of Title 54.1 of the Code of Virginia or any regulation of the board.

History

Statutory Authority: §§ 54.1-201 and 54.1-2313 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 13, eff. April 12, 2000; Errata, 16:14 VA.R. 1911 March 27, 2000.

18VAC47-20-160 Maintenance of license and registration

A. Any change in the name and address of each cemetery in Virginia in which the cemetery company has a business interest, the name and address of any officers or directors of the cemetery company, the registered agent for the cemetery company, or the compliance agent must be reported to the board in writing within 30 days after the change as required by § 54.1-2311 of the Code of Virginia. A new license will be required if there is a change in ownership of the cemetery company or whenever the legal business entity holding a cemetery company license is dissolved or altered to form a new business entity.

B. A cemetery company wishing to add a cemetery to its license must complete a form provided by the board and submit the fee as prescribed in 18VAC47-20-70. Both the cemetery company and the cemetery being added to the registration must meet the requirements found in Chapter 23.1 (§ 54.1-2301 et seq.) of Title 54.1 of the Code of Virginia and 18VAC47-20-30. Sales personnel of the new cemetery will be required to register in accordance with 18VAC47-20-40.

C. Any change in the name of any registrant must be reported to the board in writing within 30 days after the change.

D. The board will not be responsible for the licensee's or registrant's failure to receive notices, communications, or correspondence caused by the licensee's or registrant's failure to promptly notify the board of any change of address.

E. Sales personnel will be issued a registration to the compliance agent at the place of business of the licensed cemetery company with which the registrant is affiliated or at which the registrant is employed. When any registrant is discharged or in any way terminates the registrant's employment or affiliation with a licensed cemetery company, or when the cemetery company's license is suspended or revoked, it will be the duty of the compliance agent to return the registration to the board within 30 calendar days of the date of such discharge or termination.

History

Statutory Authority: §§ 54.1-201 and 54.1-2313 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 13, eff. April 12, 2000; Errata, 16:14 VA.R. 1911 March 27, 2000; amended, Virginia Register Volume 42, Issue 8, eff. December 31, 2025.

18VAC47-20-170 Display and verification of license or registration

Licenses and registrations must be visibly displayed at the place of business of the licensed cemetery company. All licensees and registrants must provide verification of licensure or registration upon request of the public.

History

Statutory Authority: §§ 54.1-201 and 54.1-2313 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 13, eff. April 12, 2000; Errata, 16:14 VA.R. 1911 March 27, 2000.

18VAC47-20-180 Records of interments

A permanent record must be kept of every interment in the cemetery, showing the date of the interment and the name of the person interred, together with information identifying the specific location in which the interment was made. For interments made pursuant to § 54.1-2312.01 of the Code of Virginia, the permanent records must also include the type and name of the pet interred and the name of the owner with information identifying the specific location in which the pet interment was made.

History

Statutory Authority: §§ 54.1-201, 54.1-2312.01, and 54.1-2313 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 13, eff. April 12, 2000; Errata, 16:14 VA.R. 1911 March 27, 2000; amended, Virginia Register Volume 32, Issue 21, eff. September 1, 2016; Volume 42, Issue 8, eff. December 31, 2025.

18VAC47-20-190 Prohibited activities

In addition to the acts set forth in §§ 54.1-2314, 54.1-2315, and 54.1-2316 of the Code of Virginia, the board may discipline a licensee or registrant for the following acts:

Employing or affiliating with by independent contract, sales personnel not registered with the board.
Unless otherwise addressed in this chapter, failing to retain for a period of three years all records required by this chapter or Chapter 23.1 (§ 54.1-2310 et seq.) of Title 54.1 of the Code of Virginia at the place of business in Virginia of the licensed cemetery company.
Failing to produce to the board or any of its agents, upon request, any document, book, or record required by this chapter or Chapter 23.1 (§ 54.1-2310 et seq.) of Title 54.1 of the Code of Virginia.
Failing to respond to an inquiry by the board or any of its agents within 21 days.
Advertising in any name other than the name in which licensed or registered.
Furnishing substantially inaccurate or incomplete information to the board in obtaining, renewing, reinstating, or maintaining a license or registration.
Allowing a cemetery company license or sales personnel registration to be used by an unlicensed cemetery company or unregistered sales personnel.
Acting as or being an ostensible licensee for undisclosed persons who do or will control or direct, directly or indirectly, the operations of the licensee's business.
Having failed to inform the board in writing, within 30 days, that the company, an officer, director, or compliance agent has pleaded guilty or nolo contendere or was convicted and found guilty of any felony or any crime involving fraudulent or dishonest acts.
Having failed to inform the board in writing, within 30 days, of a disciplinary action in a jurisdiction where licensed, including suspension, revocation, or surrender in connection with a disciplinary action.
Failing to reasonably maintain the buildings, grounds, and facilities of a cemetery licensed to a cemetery company.
Failing to file any report required by Chapter 23.1 of Title 54.1 of the Code of Virginia.
Engaging in negligent, improper, fraudulent, or dishonest conduct.
Failing to segregate entirely the section of the cemetery dedicated to the interment of pets or the interment of human remains and the pets of such deceased humans by means such as hedge, wall, tree line, fence, roadway, or other similar physical barrier or boundary.
Permitting the interment of an uncremated pet in the same grave, crypt, or niche as the remains of a human.
If a cemetery company has a section devoted to the interment of pets or the interment of human remains and the pets of such deceased humans, any advertisements failing to clearly state the cemetery company has such section or sections in its cemetery.
Failing to clearly mark the section or sections devoted to the interment of pets or the interment of human remains and the pets of such deceased humans with signage that is reasonably apparent to the general public.

History

Statutory Authority: §§ 54.1-201, 54.1-2312.01, and 54.1-2313 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 13, eff. April 12, 2000; Errata, 16:14 VA.R. 1911 March 27, 2000; amended, Virginia Register Volume 32, Issue 21, eff. September 1, 2016; Volume 37, Issue 4, eff. December 1, 2020; Volume 42, Issue 8, eff. December 31, 2025.

18VAC47-20-200 Perpetual care trust fund and bonding requirement

A. Each licensed cemetery company must establish a perpetual care trust fund in accordance with § 54.1-2316 of the Code of Virginia.

B. If the trustee for the perpetual care trust fund is not a Virginia trust company or trust subsidiary or a federally insured bank or savings institution doing business in the Commonwealth, the trustee must be approved by the board and must deposit a fidelity bond in accordance with § 54.1-2317 of the Code of Virginia.

C. Deposits into the fund must be made in accordance with §§ 54.1-2319 through 54.1-2321 of the Code of Virginia.

D. The income from the perpetual care trust fund must be used in accordance with § 54.1-2322 of the Code of Virginia.

E. Each licensed cemetery company must submit written financial reports regarding perpetual care trust funds to the board as prescribed by §§ 54.1-2323 and 54.1-2324 of the Code of Virginia.

F. Transfer of funds to another trustee must be done in accordance with § 54.1-2337 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-201 and 54.1-2313 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 13, eff. April 12, 2000; Errata, 16:14 VA.R. 1911 March 27, 2000; amended, Virginia Register Volume 42, Issue 8, eff. December 31, 2025.

18VAC47-20-210 Preneed trust fund and bonding requirements

A. Each licensed cemetery company must establish a preneed trust fund and make deposits in accordance with § 54.1-2325 of the Code of Virginia.

B. If the trustee for the preneed trust fund is not a Virginia trust company or trust subsidiary or a federally insured bank or savings institution doing business in the Commonwealth, the trustee must be approved by the board and must deposit a fidelity bond with the board in accordance with § 54.1-2326 of the Code of Virginia.

C. Deposits into the fund must be made in accordance with § 54.1-2325 of the Code of Virginia.

D. All funds must be handled in accordance with §§ 54.1-2329 through 54.1-2331 of the Code of Virginia.

E. Each licensed cemetery company must submit a written financial report regarding preneed trust accounts to the board as prescribed by § 54.1-2333 of the Code of Virginia.

F. Transfer of funds to another trustee must be done in accordance with § 54.1-2337 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-201 and 54.1-2313 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 13, eff. April 12, 2000; Errata, 16:14 VA.R. 1911 March 27, 2000; amended, Virginia Register Volume 23, Issue 21, eff. August 1, 2007; Volume 42, Issue 8, eff. December 31, 2025.

18VAC47-20-220 Itemized statement and general price list of burial fees to be furnished

A. Each cemetery company must maintain a written general price list and a written itemized statement of goods and services that the cemetery company provides. This itemized statement must include burial vaults and other burial receptacles, other merchandise, facilities used, and other professional services. Prices for merchandise may be stated as a range of values. Prices for services must be specific for each type of service, including any difference in prices based on the day or time the service is provided. This list must be set forth in a clear and conspicuous manner.

B. In accordance with § 54.1-2327 A of the Code of Virginia, the general price list must be available in writing to individuals inquiring in person about burial arrangements or the prices of property or services.

C. Prior to execution of any contract, cemetery companies must provide the general price list and itemized statement of goods and services to the individual entering the contract. The contract must include an acknowledgment signed by the individual and the cemetery sales personnel stating the cemetery company provided the general price list and itemized statement of goods and services to the individual prior to the execution of the contract.

History

Statutory Authority: §§ 54.1-201 and 54.1-2313 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 13, eff. April 12, 2000; Errata, 16:14 VA.R. 1911 March 27, 2000; amended, Virginia Register Volume 32, Issue 3, eff. December 1, 2015; Volume 42, Issue 8, eff. December 31, 2025.

18VAC47-20-230 Preneed burial contracts

A. All preneed burial contracts must be made on forms prescribed by the board in accordance with § 54.1-2328 of the Code of Virginia and must contain the following disclosures:

Identifies the seller, seller's license number, contract buyer, and person for whom the contract is purchased if other than the contract buyer;
Contains a complete description of the property or services purchased;
Clearly discloses whether the price of the property and services purchased are guaranteed;
States, for funds required to be trusted pursuant to § 54.1-2325 of the Code of Virginia, the amount to be trusted and the name of the trustee;
Contains the name, address, and telephone number of the board and lists the board as the regulatory agency that handles consumer complaints;
Provides that any purchaser who makes payment under the contract may terminate the agreement within three days of execution and that such purchaser shall be refunded all consideration paid or delivered, less amounts paid for any property or supplies that have been delivered;
Provides that if the particular property or services specified in the contract are unavailable at the time of delivery, the seller shall be required to furnish property or services similar in size and style and at least equal in quality of material and workmanship and that the representative of the deceased shall have the right to choose the property or services to be substituted, which must be at least equal or reasonably equivalent in quality of material, workmanship, and cost;
Discloses any additional costs that the purchaser may be required to pay at-need, including the disclosure of the cost of opening and closing the grave;
Complies with all disclosure requirements imposed by the board;
Provides a signed copy given to the buyer; and
Provides that the contract buyer has the right to change the contract provider at any time prior to the furnishing of the property or services, excluding any mausoleum crypt or garden crypt, contracted for under the preneed burial contract. If the contract seller will not be furnishing the property and services to the purchaser, the contract seller must attach to the preneed burial contract a copy of the seller's agreement with the provider.

B. Any preneed burial contract sold or offered by any cemetery company or agent with a trust fund deposit of less than 100% must include the following printed statement in capitalized letters, in 10-point, bold-faced type:

THIS PRENEED BURIAL CONTRACT REQUIRES THE PLACEMENT IN TRUST OF A MINIMUM OF 40% OF THE FUNDS INCLUDED IN THIS CONTRACT. THE BALANCE OF FUNDS MAY BE USED FOR CARE AND MAINTENANCE OF THE CEMETERY AND ARE NOT REQUIRED TO BE PLACED IN TRUST.

C. Each seller of a preneed burial contract must file with the board, upon request, a detailed account of all contracts and transactions regarding preneed burial contracts in accordance with § 54.1-2332 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-201 and 54.1-2313 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 13, eff. April 12, 2000; Errata, 16:14 VA.R. 1911 March 27, 2000; amended, Virginia Register Volume 42, Issue 8, eff. December 31, 2025.

18VAC47-20-240 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 16, Issue 13, eff. April 12, 2000; Errata, 16:14 VA.R. 1911 March 27, 2000; repealed, Virginia Register Volume 23, Issue 21, eff. August 1, 2007.

18VAC47-20-250 Compliance agent or designee conduct

Each cemetery company and cemetery affiliated with a cemetery company must be supervised by a compliance agent or designee. The compliance agent or designee must exercise reasonable and adequate supervision of the provision of services by employees of the cemetery company. Factors to be considered in determining whether the supervision is reasonable and adequate include:

The availability of the compliance agent or designee to all cemetery company employees and to the public to answer questions within a reasonable time pertaining to the operation of the cemetery company.
The availability of training and written procedures and policies that provide, without limitation, clear guidance in the following areas:

a. Required deposits for the perpetual care trust fund;

b. Required deposits for the preneed trust fund;

c. Proper handling of preneed burial contracts;

d. Proper handling of deposits to the perpetual care trust fund;

e. Proper handling of deposits to the preneed trust fund;

f. Interment records;

g. Itemized statement of goods and services provided;

h. General price list;

i. Advertising;

j. Proper care, maintenance, administration, and embellishment of the cemetery; and

k. Such other matters as necessary to ensure the competence of licensees and registrants to comply with this chapter and Chapter 23.1 (§ 54.1-2310 et seq.) of Title 54.1 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-201 and 54.1-2313 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 21, eff. August 1, 2007; amended, Virginia Register Volume 42, Issue 8, eff. December 31, 2025.

18VAC47-20-260 Protection of perpetual care and preneed trust funds

In the event that preneed or perpetual care funds are held in trust and the board or any of its agents have reason to believe that (i) the licensee or any agent of the licensee has diverted or misused any funds held in trust; (ii) the licensee is not able to adequately protect the interest of the person involved; (iii) the licensee's conduct or the operation of the cemetery company threatens the interests of the public; or (iv) the licensee has had its license suspended, revoked or surrended, the board may initiate legal proceedings in accordance with § 54.1-2313.1 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-201 and 54.1-2313 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 21, eff. August 1, 2007.

18VAC47-20-270 Standards of approval of training course

All training courses must be approved by the board. The training course must be at least two hours and include appropriate testing procedures to demonstrate an understanding of the topics. The training program must include the following topics:

Cemetery Board statute and regulations;
Perpetual care trust fund requirements;
Preneed trust fund requirements;
Preneed burial contracts;
Interment records;
General price list;
Itemized statement of goods and services provided;
Advertising; and
Proper care, maintenance, administration, and embellishment of the cemetery.

History

Statutory Authority: §§ 54.1-201 and 54.1-2313 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 21, eff. August 1, 2007; amended, Virginia Register Volume 32, Issue 21, eff. September 1, 2016; Volume 42, Issue 8, eff. December 31, 2025.

18VAC47-20-280 Special interment requirement

A licensed cemetery company may establish a section in its cemetery devoted to the interment of pets or the interment of human remains and the pets of such deceased humans in accordance with § 54.1-2312.01 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-201, 54.1-2312.01, and 54.1-2313 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 21, eff. September 1, 2016; amended, Virginia Register Volume 42, Issue 8, eff. December 31, 2025.

Agency 48 Common Interest Community Board

Chapter 10 Public Participation Guidelines

Part I Purpose and Definitions

18VAC48-10-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Common Interest Community Board. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. November 13, 2008.

18VAC48-10-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Common Interest Community Board, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. November 13, 2008.

Part II Notification of Interested Persons

18VAC48-10-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. November 13, 2008.

18VAC48-10-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 18VAC48-10-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. November 13, 2008.

Part III Public Participation Procedures

18VAC48-10-50 Public comment

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201, and 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. November 13, 2008; amended, Virginia Register Volume 33, Issue 11, eff. March 13, 2017.

18VAC48-10-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. November 13, 2008.

18VAC48-10-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. November 13, 2008.

18VAC48-10-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. November 13, 2008.

18VAC48-10-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. November 13, 2008.

18VAC48-10-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. The agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. November 13, 2008.

18VAC48-10-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. November 13, 2008.

Chapter 30 Condominium Regulations

Part I General

18VAC48-30-10 Purpose

This chapter governs the exercise of powers granted to and the performance of duties imposed upon the Common Interest Community Board by the Virginia Condominium Act (§ 55.1-1900 et seq. of the Code of Virginia) as the act pertains to the registration of condominiums.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

18VAC48-30-20 Definitions

A. Section 54.1-2345 of the Code of Virginia provides definitions of the following terms and phrases as used in this chapter:

"Association"

"Board"

B. Section 55.1-1900 of the Code of Virginia provides definitions of the following terms and phrases as used in this chapter:

| "Common elements" | "Identifying number" | | --- | --- | | "Common expenses" | "Land" | | "Condominium" | "Leasehold condominium" | | "Condominium instruments" | "Limited common element" | | "Condominium unit" | "Nonbinding reservation agreement" | | "Conversion condominium" | "Offer" | | "Convertible land" | "Person" | | "Convertible space" | "Purchaser" | | "Declarant" | "Special declarant rights" | | "Dispose" or "disposition" | "Unit" | | "Executive board" | "Unit owner" | | "Expandable condominium" | |

C. The following words, terms, and phrases when used in this chapter shall have the following meanings unless the context clearly indicates otherwise.

"Annual report" means a completed, board-prescribed form and required documentation submitted in compliance with § 55.1-1979 of the Code of Virginia.

"Application" means a completed, board-prescribed form submitted with the appropriate fee and other required documentation in compliance with § 55.1-1975 of the Code of Virginia.

"Class of physical assets" means two or more physical assets that are substantially alike in function, manufacture, date of construction or installation, and history of use and maintenance.

"Department" means the Department of Professional and Occupational Regulation.

"Expected useful life" means the estimated number of years from the date on which such estimate is made until the date when, because of the effects of time, weather, stress, or wear, a physical asset will become incapable of performing its intended function and will have to be replaced.

"Firm" means a sole proprietorship, association, partnership, corporation, limited liability company, limited liability partnership, or any other form of business organization recognized under the laws of the Commonwealth of Virginia.

"Full and fair disclosure" means the degree of disclosure necessary to ensure reasonably complete and materially accurate representation of the condominium in order to protect the interests of purchasers.

"Limited common expense" means any common expense against one or more, but less than all, of the units.

"Major utility installation" means a utility installation or portion thereof that is a common element or serves more than one unit.

"Material change" means a change in any information or document disclosed in the application for registration, including the public offering statement or an attachment thereto, that renders inaccurate, incomplete, or misleading any information or document in such a way as to affect substantially a purchaser's rights or obligations or the nature of a unit or appurtenant limited common element or the amenities of the project available for the purchaser's use as described in the public offering statement.

"Offering" means the continuing act of the declarant in making condominium units owned by the declarant within a particular condominium available for acquisition by purchasers or, where appropriate, to the aggregate of the condominium units thus made available.

"Offering literature" means any written promise, assertion, representation, or statement of fact or opinion made in connection with a condominium marketing activity mailed or delivered directly to a specific prospective purchaser, except that information printed in a publication shall not be deemed offering literature solely by virtue of the fact that the publication is mailed or delivered directly to a prospective purchaser.

"Personal communication" means a communication directed to a particular prospective purchaser that has not been and is not intended to be directed to any other prospective purchaser.

"Physical asset" means either a structural component or a major utility installation.

"Present condition" means condition as of the date of the inspection by means of which condition is determined.

"Registration file" means the application for registration, supporting materials, annual reports, and amendments that constitute all information submitted and reviewed pertaining to a particular condominium registration. A document that has not been accepted for filing by the board is not part of the registration file.

"Regular common expense" means a common expense apportioned among and assessed to all of the condominium units pursuant to subsection D of § 55.1-1964 of the Code of Virginia or similar law or condominium instrument provision.

"Replacement cost" means the expenditure that would be necessary to replace a physical asset with an identical or substantially equivalent physical asset as of the date on which replacement cost is determined and includes all costs of (i) removing the physical asset to be replaced, (ii) obtaining its replacement, and (iii) erecting or installing the replacement.

"Structural component" means a component constituting any portion of the structure of a unit or common element.

"Structural defect" shall have the meaning given in subsection B of § 55.1-1955 of the Code of Virginia.

"Substituted public offering statement" means a document originally prepared in compliance with the laws of another jurisdiction and modified in accordance with the provisions of this chapter to fulfill the disclosure requirements established for public offering statements by subsection A of § 55.1-1976 of the Code of Virginia and, if applicable, subsection B of § 55.1-1982 of the Code of Virginia.

"Virginia Condominium Act" means Chapter 19 (§ 55.1-1900 et seq.) of Title 55.1 of the Code of Virginia.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

18VAC48-30-30 Explanation of terms

Each reference in this chapter to a "declarant," "purchaser," and "unit owner" or to the plural of those terms shall be deemed to refer, as appropriate, to the masculine and the feminine, to the singular and the plural, and to natural persons and organizations. The term "declarant" shall refer to any successors to the persons referred to in § 55.1-1900 of the Code of Virginia who come to stand in the same relation to the condominium as their predecessors in that they assumed rights reserved for the benefit of a declarant that (i) offers to dispose of his interest in a condominium unit not previously disposed of, (ii) reserves or succeeds to any special declarant right, or (iii) applies for registration of the condominium.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

18VAC48-30-40 Condominiums located outside of Virginia

A. In any case involving a condominium located outside of Virginia in which the laws or practices of the jurisdiction in which such condominium is located prevent compliance with a provision of this chapter, the board shall prescribe, by order, a substitute provision to be applicable in such case that is as nearly equivalent to the original provision as is reasonable under the circumstances.

B. The words "declaration," "bylaws," "plats," and "plans," when used in this chapter with reference to a condominium located outside of Virginia, shall refer to documents, portions of documents, or combinations thereof, by whatever name denominated, that have a content and function identical or substantially equivalent to the content and function of their Virginia counterparts.

C. The words "recording" or "recordation," when used with reference to condominium instruments of a condominium located outside of Virginia, shall refer to a procedure that, in the jurisdiction in which such condominium is located, causes the condominium instruments to become legally effective.

D. This chapter shall apply to a contract for the disposition of a condominium unit located outside of Virginia only to the extent permissible under the provisions of subsection B of § 55.1-1901 of the Code of Virginia.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

18VAC48-30-50 Exemptions from registration

A. The exemption from registration of condominiums in which all units are restricted to nonresidential use provided in subsection B of § 55.1-1972 of the Code of Virginia shall not be deemed to apply to any condominium as to which there is a substantial possibility that a unit therein other than a unit owned by the declarant or the unit owners' association will be used as permanent or temporary living quarters or as a site upon which vehicular or other portable living quarters will be placed and occupied. Residential use for the purposes of this chapter includes transient occupancy.

B. Nothing in this chapter shall apply in the case of a condominium exempted from registration by § 55.1-1972 of the Code of Virginia or condominiums located outside of Virginia as provided in subsection B of § 55.1-1901 of the Code of Virginia for which no contracts are to be signed in Virginia.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

18VAC48-30-60 Preregistration offers prohibited

No condominium marketing activity shall be deemed an offer unless, by its express terms, it induces, solicits, or encourages a prospective purchaser to execute a contract of sale of the condominium unit or lease of a leasehold condominium unit or perform some other act that would create or purport to create a legal or equitable interest in the condominium unit other than a security interest in or a nonbinding reservation of the condominium unit.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015.

Part II Marketing

18VAC48-30-70 Condominium marketing activities

Condominium marketing activities shall include every contact for the purpose of promoting disposition of a condominium unit. Such contacts may be personal, by telephone, by mail, by electronic means including, but not limited to, social media, or by advertisement. A promise, assertion, representation, or statement of fact or opinion made in connection with a condominium marketing activity may be oral, written, or graphic.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015.

18VAC48-30-80 Offering literature

A. Offering literature mailed or delivered prior to the registration of the condominium that is the subject of the offering literature shall bear a conspicuous legend containing the substance of the following language:

"The condominium has not been registered by the Common Interest Community Board. A condominium unit may be reserved on a nonbinding reservation agreement, but no contract of sale or lease may be entered into prior to registration."

B. Offering literature or marketing activities violative of the Virginia Fair Housing Law (§ 36-96.1 et seq. of the Code of Virginia) and subsection C of § 55.1-1914 of the Code of Virginia is prohibited.

C. Offering literature shall indicate that the property being offered is under the condominium form of ownership. The requirement of this subsection is satisfied by including the full name of the condominium in all offering literature.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

Part III Application for Registration

18VAC48-30-90 Application procedures

A declarant seeking registration of a condominium pursuant to Chapter 19 (§ 55.1-1900 et seq.) of Title 55.1 of the Code of Virginia shall submit an application on the appropriate form provided by the board, along with the appropriate fee specified in 18VAC48-30-100.

By submitting the application to the board, the declarant certifies that the declarant has read and understands the applicable statutes and the board's regulations.

The receipt of an application and the deposit of fees by the board do not indicate approval or acceptance of the application by the board.

The board may make further inquiries and investigations to confirm or amplify information supplied. All applications shall be completed in accordance with the instructions contained in this section and on the application. Applications will not be considered complete until all required documents are received by the board.

Applications that are not approved within 12 months after receipt of the application in the board's office will be purged and a new application and fee must be submitted in order to be reconsidered for registration.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

18VAC48-30-100 Fee requirements

All fees are nonrefundable and shall not be prorated. The date on which the fee is received by the board or its agent will determine whether the fee is timely. Checks or money orders shall be made payable to the Treasurer of Virginia.

Each application for registration of a condominium shall be accompanied by a fee in an amount equal to $35 per unit, except that the fee shall not be less than $1,750 or more than $3,500.
Each phase filing application shall be accompanied by a fee in an amount equal to $35 per unit, except that the fee for each phase filing shall not be less than $875 or more than $3,500.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015.

18VAC48-30-110 Review of application for registration

A. Upon receipt of an application for registration, the board shall issue the notice of filing required by subsection A of § 55.1-1978 of the Code of Virginia.

B. Upon the review of the application for registration, if the requirements of §§ 55.1-1975 and 55.1-1977 of the Code of Virginia have not been met, the board shall notify the applicant as required by subsection C of § 55.1-1978 of the Code of Virginia.

C. A request for an extension of the 60-day application review period described in § 55.1-1978 of the Code of Virginia shall be in writing and shall be delivered to the board prior to the expiration of the period being extended. The request shall be for an extension of definite duration. The board may grant in writing a request for an extension of the application review period, and it may limit the extension to a period not longer than is reasonably necessary to permit correction of the application. An additional extension of the application review period may be obtained, subject to the conditions applicable to the initial request. A request for an extension of the application review period shall be deemed a consent to delay within the meaning of subsection A of § 55.1-1978 of the Code of Virginia.

D. If the requirements for registration are not met within the application review period or a valid extension thereof, the board shall, upon the expiration of such period, enter an order rejecting the registration as required by subsection C of § 55.1-1978 of the Code of Virginia.

E. An applicant may submit a written request for an informal conference in accordance with § 2.2-4019 of the Code of Virginia at any time between receipt of a notification pursuant to subsection B of this section and the effective date of the order of rejection entered pursuant to subsection D of this section. A request for such proceeding shall be deemed a consent to delay within the meaning of subsection A of § 55.1-1978 of the Code of Virginia.

F. The board shall receive and act upon corrections to the application for registration at any time prior to the effective date of an order rejecting the registration. If the board determines after review of the corrections that the requirements for registration have not been met, the board may proceed with an informal conference in accordance with § 2.2-4019 of the Code of Virginia to allow reconsideration of whether the requirements for registration are met. If the board does not opt to proceed with an informal conference, the applicant may submit a written request for an informal conference in accordance with § 2.2-4019 of the Code of Virginia to reconsider whether the requirements for registration are met. If the board does not proceed with an informal conference and no request for an informal conference is received from the applicant, an amended order of rejection stating the factual basis for the rejection shall be issued. A new 20-day period for the order of rejection to become effective shall commence.

G. At such time as the board affirmatively determines that the requirements of §§ 55.1-1975 and 55.1-1977 of the Code of Virginia have been met, the board shall enter an order registering the condominium and shall designate the form, content, and effective date of the public offering statement, substituted public offering statement, or prospectus to be used.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

18VAC48-30-120 Prerequisites for registration

The following provisions are prerequisites for registration and are supplementary to the provisions of § 55.1-1977 of the Code of Virginia.

The declarant shall own or have the right to acquire an estate in the land constituting or to constitute the condominium that is of at least as great a degree and duration as the estate to be conveyed in the condominium units.
The condominium instruments must be adequate to bring a condominium into existence upon recordation except that the certification requirements of § 55.1-1920 of the Code of Virginia need not be complied with as a prerequisite for registration. This subsection does not apply to condominium instruments that may be recorded after the condominium has been created.
The declarant shall have filed with the board reasonable evidence of its financial ability to complete all proposed improvements on the condominium. Such evidence may include (i) financial statements and a signed affidavit attesting that the declarant has sufficient funds to complete all proposed improvements on the condominium and that the funds will be used for completion of the proposed improvements or (ii) proof of a commitment of an institutional lender to advance construction funds to the declarant and, to the extent that any such commitments will not furnish all the necessary funds, other evidence, satisfactory to the board, of the availability to the declarant of necessary funds. A lender's commitment may be subject to such conditions, including registration of the condominium units and presale requirements, as are normal for loans of the type and as to which nothing appears to indicate that the conditions will not be complied with or fulfilled.

a. In the case of a condominium located in Virginia, "proposed improvements" are improvements that are not yet begun or not yet complete and that the declarant is affirmatively and unconditionally obligated to complete under §§ 55.1-1920 and 55.1-1930 B of the Code of Virginia and applicable provisions of the condominium instruments or that the declarant would be so obligated to complete if plats and plans filed with the board in accordance with 18VAC48-30-140 A were recorded.

b. In the case of a condominium located outside of Virginia, "proposed improvements" are improvements that are not yet begun or not yet complete and that the declarant represents, without condition or limitation, will be built or placed in the condominium.

The current and planned condominium marketing activities of the declarant shall comply with § 18.2-216 of the Code of Virginia, 18VAC48-30-80, and 18VAC48-30-660.
The declarant shall have filed with the board (i) a proposed public offering statement that complies with this chapter and subsection A of § 55.1-1976 of the Code of Virginia and, if applicable, subsection B of § 55.1-1982 of the Code of Virginia; (ii) a substituted public offering statement that complies with this chapter; or (iii) a prospectus that complies with this chapter.
Declarants may be organized as individuals or firms. Firms shall be organized as business entities under the laws of the Commonwealth of Virginia or otherwise authorized to transact business in Virginia. Firms shall register any trade or fictitious names with the State Corporation Commission in accordance with Chapter 5 of Title 59.1 (§ 59.1-69 et seq.) of the Code of Virginia before submitting an application to the board.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019; Volume 36, Issue 17, eff. June 1, 2020.

18VAC48-30-130 Minimum requirements for registration

Applications for registration shall include the following:

The documents and information contained in § 55.1-1975 of the Code of Virginia.
The application fee specified in 18VAC48-30-100.
The following documents shall be included as exhibits. All exhibits shall be labeled as indicated and submitted in hardcopy form and electronically in a format acceptable to the board.

a. Exhibit A: A copy of the certificate of incorporation or certificate of authority to transact business in Virginia issued by the Virginia State Corporation Commission or other entity formation documents.

b. Exhibit B: A copy of the title opinion, title policy, or a statement of the condition of the title to the condominium project including encumbrances as of a specified date within 30 days of the date of application by a title company or licensed attorney who is not a salaried employee, officer, or director of the declarant or owner, in accordance with subdivision A 5 of § 55.1-1975 of the Code of Virginia.

c. Exhibit C: A copy of the instruments that will be delivered to a purchaser to evidence the purchaser's interest in the unit and of the contracts and other agreements that a purchaser will be required to agree to or sign.

d. Exhibit D: A narrative description of the promotional plan for the disposition of the condominium units.

e. Exhibit E: A copy of documentation demonstrating the declarant's financial ability to complete the project in accordance with 18VAC48-30-120.

f. Exhibit F: A copy of the proposed public offering statement that complies with subsection A of § 55.1-1976 and subsection B of § 55.1-1982 of the Code of Virginia, as applicable, and this chapter. A substitute public offering statement or a prospectus pursuant to 18VAC48-30-370 and 18VAC48-30-380 respectively may be submitted for a condominium formed in another jurisdiction.

g. Exhibit G: Copies of bonds required by §§ 55.1-1921, 55.1-1968, and 55.1-1983 of the Code of Virginia, as applicable.

h. Exhibit H: A list with the name of every officer of the declarant who is directly responsible for the project or person occupying a similar status within, or performing similar functions for, the declarant. The list must include each individual's address, principal occupation for the past five years, and extent and nature of the individual's interest in the condominium as of a specified date within 30 days of the filing of the application.

i. Exhibit I: Plats and plans of the condominium that (i) comply with the provisions of § 55.1-1920 of the Code of Virginia and 18VAC48-30-140 other than the certification requirements and (ii) show all units and buildings containing units to be built anywhere within the submitted land other than within the boundaries of any convertible lands. Hardcopy submittals of plats and plans must be no larger than 11 inches by 17 inches.

j. Exhibit J: Conversion condominiums must attach (i) a copy of the general notice provided to tenants of the condominium at the time of application pursuant to subsection C of § 55.1-1982 of the Code of Virginia, (ii) a copy of the formal notice to be sent at the time of registration to the tenants, if any, of the buildings, and (iii) the certified statement required in accordance with subsection D of § 55.1-1982 of the Code of Virginia.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

18VAC48-30-140 Requirements for plats and plans

A. Except as provided in subsection C of this section, all plats and plans submitted with the application for registration shall comply with § 55.1-1920 of the Code of Virginia but the certification need not be signed until recordation. The plats and plans filed with the application for registration shall be the same as the plats and plans the declarant intends to record. A material change to the plats and plans shall be submitted to the board in accordance with Part VI (18VAC48-30-460 et seq.) of this chapter. Once recorded, copies of plats and plans as recorded shall be filed with the board in accordance with Part VI of this chapter.

B. In the case of units that are substantially identical, the requirement to show the location and dimensions (within normal construction tolerances) of the boundaries of each unit pursuant to subsection B of § 55.1-1920 of the Code of Virginia may be deemed satisfied by depiction of the location and dimensions of the vertical boundaries and horizontal boundaries, if any, of one such unit. The identifying numbers of all units represented by such depiction shall be indicated. Each structure within which any such units are located shall be depicted so as to indicate the exact location of each such unit within the structure.

C. In the case of a condominium located outside Virginia, certain materials may be filed with the application for registration in lieu of plats and plans complying with the provisions of § 55.1-1920 of the Code of Virginia. Such materials shall contain, as a minimum, (i) a plat of survey depicting all existing improvements, and all improvements that the declarant represents, without condition or limitation, will be built or placed in the condominium; and (ii) legally sufficient descriptions of each unit. Any improvements whose completion is subject to conditions or limitations shall be appropriately labeled to indicate that such improvements may not be completed. Unit descriptions may be written or graphic, shall demarcate each unit vertically and, if appropriate, horizontally, and shall indicate each unit's location relative to established points or datum.

D. The plats and plans must bear the form of the certification statement required by subsections A and B of § 55.1-1920 of the Code of Virginia. However, as stated in subsection A of this section, the statement need not be executed prior to recordation. The certification statement may appear in a separate document that is recorded, or to be recorded.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

18VAC48-30-150 Application for registration of expandable condominium

The declarant may include in the application for registration all units for which development rights have been reserved.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015.

Part IV Public Offering Statement

18VAC48-30-160 Public offering statement requirements, generally

In addition to the provisions of § 55.1-1976 of the Code of Virginia, the following will be considered, as applicable, during review of the public offering statement.

The public offering statement shall provide full and fair disclosure in accordance with 18VAC48-30-170.
The public offering statement shall pertain to a single offering and to the entire condominium in which the condominium units being offered are located.
The public offering statement shall be clear, organized, and legible.
Except for brief excerpts, the public offering statement may refer to, but should not incorporate verbatim, portions of the condominium instruments, the Virginia Condominium Act, or this chapter. This does not preclude compliance with 18VAC48-30-180.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

18VAC48-30-170 Full and fair disclosure

A. The provisions of § 55.1-1976 and subsection B of § 55.1-1982 of the Code of Virginia and this chapter shall be strictly construed to promote full and fair disclosure in the public offering statement. In addition, the following will be considered, as applicable, during review to assure full and fair disclosure:

The information shall be presented in a manner that is clear and understandable to a reasonably informed consumer, while maintaining consistency with the requirements of this chapter and the Virginia Condominium Act.
In addition to specific information required by this chapter and the Virginia Condominium Act, the public offering statement shall disclose any other information necessary for full and fair disclosure.
No information shall be incorporated by reference to an outside source that is not reasonably available to a prospective purchaser.
If required information is not known or not reasonably available, such fact shall be stated and explained in the public offering statement.

B. The board has the sole discretion to require additional information or amendment of existing information as it finds necessary to ensure full and fair disclosure.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

18VAC48-30-180 Contents of public offering statement

A. A cover, if used, must be blank or bear identification information only.

B. The first page of the public offering statement shall be substantially as follows:

| PURCHASER SHOULD READ THIS DOCUMENT FOR THE PURCHASER'S PROTECTION | | | --- | --- | | PUBLIC OFFERING STATEMENT | | | NAME OF CONDOMINIUM: | | | LOCATION OF CONDOMINIUM: | | | NAME OF DECLARANT: | | | ADDRESS OF DECLARANT: | | | EFFECTIVE DATE OF PUBLIC OFFERING STATEMENT: | | | REVISED: | |

THE PURCHASER SHOULD READ THIS DOCUMENT FOR THE PURCHASER'S OWN PROTECTION. Living in a common interest community carries with it certain rights, responsibilities, and benefits, including certain financial obligations, rights, and restrictions concerning the use and maintenance of units and common elements, and decision-making authority vested in the unit owners' association. The purchaser will be bound by the provisions of the condominium instruments and should review the Public Offering Statement, the condominium instruments, and other exhibits carefully prior to purchase.

This Public Offering Statement presents information regarding condominium units being offered for sale by the declarant. Virginia law requires that a Public Offering Statement be given to every Purchaser in order to provide full and fair disclosure of the significant features of the condominium units being offered. The Public Offering Statement is not intended, however, to be all-inclusive. The Purchaser should consult other sources for details not covered by the Public Offering Statement.

The Public Offering Statement summarizes information and documents furnished by the declarant to the Virginia Common Interest Community Board. The Board has carefully reviewed the Public Offering Statement to ensure that it contains required disclosures, but the Board does not guarantee the accuracy or completeness of the Public Offering Statement. In the event of any inconsistency between the Public Offering Statement and the material it is intended to summarize, the latter will control.

Under Virginia law a purchaser of a condominium unit is afforded a 5-day period during which the purchaser may cancel the purchase contract of sale and obtain a full refund of any sums deposited in connection with the purchase contract. The 5-day period begins on the purchase contract date or the date of delivery of a Public Offering Statement, whichever is later. The purchaser may, if practicable, inspect the condominium unit and the common elements and obtain professional advice. If the purchaser elects to cancel, the purchaser must deliver notice of cancellation to the declarant pursuant to § 55.1-1974 of the Code of Virginia.

Allegations of violation of any law or regulation contained in the Virginia Condominium Act or the Condominium Regulations should be reported to the Virginia Common Interest Community Board, Perimeter Center, Suite 400, 9960 Mayland Drive, Richmond, Virginia 23233.

C. A summary of important considerations shall immediately follow the first page for the purpose of reinforcing the disclosure of significant information. The summary shall be titled as such and shall be introduced by the following statement:

"Following are important matters to be considered in acquiring a condominium unit. They are highlights only. The Public Offering Statement should be examined in its entirety to obtain detailed information."

Appropriate modifications shall be made to reflect facts and circumstances that may vary. The summary shall consist of, but not be limited to, the following, as applicable:

A statement on the governance of the condominium wherein unit owners are allocated votes for certain decisions of the association. In addition, the statement shall include that all unit owners will be bound by the decisions made by the association, even if the individual unit owner disagrees.
A statement concerning the decision-making authority of the executive board of the unit owners' association.
A statement regarding the payment of expenses of the association on the basis of a periodic budget, to include a disclosure of any provision for reserves, including a statement if there are no reserves.
A statement detailing the requirement for each unit owner to pay a periodic assessment and the inability to reduce the amount of an assessment by refraining from the use of the common elements.
A statement of the unit owner's responsibility to pay additional assessments, if any.
A statement regarding the consequences for failure to pay an assessment when due. The statement shall include reference to the enforcement mechanisms available to the association, including obtaining a lien against the condominium unit, pursuing civil action against the unit owner, and certain other penalties.
A statement that the declarant must pay assessments on unsold condominium units.
A statement indicating whether the declarant, its predecessors, or principal officer have undergone a debtor's relief proceeding.
A statement that the declarant will retain control of the unit owners' association for an initial period.
A statement indicating whether a managing agent will perform the routine operations of the unit owners' association. The statement shall include whether the managing agent is related to the declarant, director, or officer of the unit owners' association.
A statement indicating whether the declarant may lease unsold condominium units and a statement indicating whether the right of a unit owner to lease that owner's unit to another is subject to restrictions.
A statement indicating whether the declarant may expand or contract the condominium or convert convertible land or space without the consent of any unit owner.
A statement indicating whether the right of the unit owner to resell the owner's condominium unit is subject to restrictions.
A statement indicating whether the units are restricted to residential use and whether the units may be utilized for commercial, retail, or professional use. The statement shall provide detail if units have different voting rights. Further, the statement shall also detail whether the allocation of rights and responsibilities among commercial, retail, professional, or residential use units are the same.
A statement indicating whether approval of the declarant or unit owners' association is necessary in order for a unit owner to alter the structure of the unit or modify the exterior of the unit.
A statement regarding the obligation of the unit owners' association to obtain certain insurance benefiting the unit owner, along with the necessity for a unit owner to obtain other insurance.
A statement regarding the unit owner's obligation to pay real estate taxes.
A statement regarding any limits the declarant asserts on the association or the unit owner's right to bring legal action against the declarant. Nothing in this statement shall be deemed to authorize such limits where those limits are otherwise prohibited by law.
A statement that the association or unit owners are members of another association or obligated to perform duties or pay fees or charges to that association or entity.
A statement indicating whether the condominium is subject to development as a time-share.
A statement affirming that marketing and sale of condominium units will be conducted in accordance with the Virginia Fair Housing Law (§ 36-96.1 et seq. of the Code of Virginia) and the Virginia Condominium Act (Chapter 19 (§ 55.1-1900 et seq.) of Title 55.1 of the Code of Virginia).

D. The content after the summary of important considerations shall include the narrative sections in 18VAC48-30-190 through 18VAC48-30-360. Supplementary sections may be included as necessary.

E. Clear and legible copies of the following documents shall be attached as exhibits to the public offering statement:

The declaration;
The bylaws;
The projected budget;
Rules and regulations of the unit owners' association, if available;
Master association documents, if applicable;
Any management contract, along with the license number of the common interest community manager, if applicable;
Depiction of unit layouts;
Any lease of recreational areas;
Any contract or agreement affecting the use, maintenance, or access of all or any portion of the condominium, the nature, duration, or expense of which has a material impact on the operation and administration of the condominium;
Warranty information, if applicable; and
Other documents obligating the association or unit owner to perform duties or obligations or pay charges or fees.

F. Other information and documentation may be included as necessary to ensure full and fair disclosure. The board may also require additional information as necessary to ensure full and fair disclosure.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

18VAC48-30-190 Narrative sections; condominium concept

The public offering statement shall contain a section captioned "The Condominium Concept." The section shall consist of a brief discussion of the condominium form of ownership. The section shall discuss the distinction among units, common elements and limited common elements, if any, and shall explain ownership of an undivided interest in the common elements. Attention shall be directed to any features of ownership of the condominium units being offered that are different from typical condominium unit ownership.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015.

18VAC48-30-200 Narrative sections; creation of condominium

The public offering statement shall contain a section captioned "Creation of the Condominium." The section shall briefly explain the manner in which the condominium was or will be created, the locality wherein the condominium instruments will be or have been recorded, and each of the condominium instruments, their functions, and the procedure for their amendment. The section shall indicate where each of the condominium instruments or copies thereof may be found. In the case of a condominium located in Virginia or in a jurisdiction having a law similar to § 55.1-1984 of the Code of Virginia, the section shall indicate that the purchaser will receive copies of the recorded declaration and bylaws, including amendments, as appropriate, within the time provided in the applicable statute.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

18VAC48-30-210 Narrative sections; description of condominium

A. The public offering statement shall contain a section captioned "Description of the Condominium." The description shall include statements of (i) the land area of the condominium to include either the square footage or the acreage, (ii) the number of units in the condominium, (iii) the number of units in the offering, (iv) the number of units in the condominium planned to be rented, and (v) the percentage of units the declarant intends to sell to persons who do not intend to occupy the units as their primary residence.

B. If the condominium is contractable, expandable, or includes convertible land or space, the section shall contain a brief description of each such feature, including the land area to include either the square footage or acreage, and the maximum number of units or maximum number of units per acre that may be added, withdrawn, or converted, as applicable, together with a statement of the declarant's plans for the implementation of each such feature. In the case of a contractable or expandable condominium, the section shall contain the substance of the following statement:

"At the declarant's option, the construction and development of the condominium may be abandoned or altered prior to completion, and land or buildings originally intended for condominium development may be put to other uses or sold."

In the case of a condominium including convertible land, the section shall contain the substance of the following statements:

"Until such time as the declarant converts the convertible land into units or limited common elements, the declarant is required by the Virginia Condominium Act to pay for the upkeep of the convertible land. Once the convertible land has been converted, maintenance and other financial responsibilities associated with the land so designated become the responsibility of the unit owners and, therefore, may be reflected in the periodic assessment for the condominium."

If the common expense assessments are expected to increase should convertible land be converted, this section shall also disclose an estimate of the approximate percentage by which such assessments are expected to increase as a result of such conversion.

C. The section shall state whether the units are restricted solely to residential use and shall identify where use and occupancy restrictions are found in the condominium instruments. If nonresidential use is permitted, the section shall identify the types of units and proportion of each, if known or reasonably anticipated.

D. The section shall state whether the project, as of the effective date of the public offering statement, is intended to comply with the underwriting guidelines of the secondary mortgage market agencies, including but not limited to the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, and the Virginia Housing Development Authority.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015.

18VAC48-30-220 Narrative sections; individual units

The public offering statement shall contain a section captioned "Individual Units." The section shall contain a general description of the various types of units being offered to include the square footage, or number of bedrooms, or both, together with the dates on which substantial completion of unfinished units is anticipated. The section shall state any restrictions regarding changes unit owners may make to the structure or exterior of the units, regardless of whether the exterior is a portion of the common elements.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015.

18VAC48-30-230 Narrative sections; common elements

A. The public offering statement shall contain a section captioned "Common Elements." The section shall contain a general description of the common elements.

B. For any common elements that are not completed or not expected to be substantially complete when the units are complete, a statement of the anticipated completion dates of unfinished common elements shall be included.

C. In the case of a condominium located in Virginia, if common elements are not expected to be substantially complete when the units are completed, the section shall state the nature, source, and extent of the obligation to complete such common elements that the declarant has incurred or intends to incur upon recordation of the condominium instruments pursuant to §§ 55.1-1920 A and 55.1-1930 B of the Code of Virginia and applicable provisions of the condominium instruments. In addition the section shall state that pursuant to § 55.1-1921 of the Code of Virginia, the declarant has filed with the board a bond to insure completion of improvements to the common elements that the declarant is obligated as stated in the declaration.

D. In the case of a condominium located outside of Virginia, a description of the nature, source, and extent of the obligation to complete such common elements that the declarant has incurred or intends to incur under the law of the jurisdiction in which the condominium is located shall be included.

E. The section shall describe any limited common elements that are assigned or that may be assigned and shall indicate the reservation of exclusive use. In the case of limited common elements that may be assigned, the section shall state the manner of such assignment or reassignment.

F. The section shall indicate the availability of vehicular parking spaces including the number of spaces available per unit and restrictions on or charges for the use of spaces.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

18VAC48-30-240 Narrative sections; maintenance, repair, and replacement responsibilities

The public offering statement shall contain a section captioned "Maintenance, Repair, and Replacement Responsibilities." The section shall describe the basic allocation of maintenance, repair, and replacement responsibilities between the unit owner and the association as well as any unusual items to be maintained by the unit owner. The section shall refer to the location of the maintenance, repair, and replacement responsibility requirements in the condominium instruments.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015.

18VAC48-30-250 Narrative sections; declarant

A. The public offering statement shall contain a section captioned "The Declarant." The section shall contain a brief history of the declarant with emphasis on its experience in condominium development.

B. The following information shall be stated with regard to persons immediately responsible for the development of the condominium: (i) name, (ii) length of time associated with the declarant, (iii) role in the development of the condominium, and (iv) experience in real estate development. If different from the persons immediately responsible for the development of the condominium, the principal officers of the declarant shall also be identified.

C. The section shall describe the type of legal entity of the declarant and explain if any other entities have any obligation to satisfy the financial obligations of the declarant.

D. If the declarant or its parent or predecessor organization has, during the preceding 10 years, been adjudicated as bankrupt or has undergone any proceeding for the relief of debtors, such facts shall be stated. If any of the persons identified pursuant to subsection B of this section has, during the preceding three years, been adjudicated as bankrupt or undergone any proceeding for the relief of debtors, such facts shall be stated.

E. The section shall indicate any final action taken against the declarant, its principals, or the condominium by an administrative agency, civil court, or criminal court where the action reflected adversely upon the performance of the declarant as a developer of real estate projects. The section shall also indicate any current or past proceedings brought against the declarant by any condominium unit owners' association or by its executive board or any managing agent on behalf of such association or that has been certified as a class action on behalf of some or all of the unit owners. For the purposes of the previous sentence with respect to past proceedings, if the ultimate disposition of those proceedings was one that reflected adversely upon the performance of the declarant, that disposition shall be disclosed. If the ultimate disposition was resolved favorably towards the declarant, its principals, or the condominium, the final action does not need to be disclosed. The board has the sole discretion to require additional disclosure of any proceedings where it finds such disclosure necessary to assure full and fair disclosure.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

18VAC48-30-260 Narrative sections; terms of the offering

A. The public offering statement shall contain a section captioned "Terms of the Offering." The section shall discuss the expenses to be borne by a purchaser in acquiring a condominium unit and present information regarding the settlement of purchase contracts as provided in subsections B through H of this section.

B. The section shall indicate the offering prices for condominium units or a price range for condominium units, if either is established.

C. The section shall set forth the significant terms of any financing offered by or through the declarant to purchasers. Such discussion shall include the substance of the following statement:

"Financing is subject to additional terms and conditions stated in the loan commitment or instruments."

D. The section shall discuss in detail any costs collected by or paid to the declarant, association, or master association that are not normal for residential real estate transactions including, without limitation, any contribution to the initial or working capital of the unit owners' association, including any master association, to be paid by a purchaser.

E. The section shall discuss any penalties or forfeitures to be incurred by a purchaser upon default in performance of a purchase contract that are not normal for residential real estate transactions. Penalties or forfeitures to be discussed include, without limitation, the declarant's right to retain sums deposited in connection with a purchase contract in the event of a refusal by a lending institution to provide financing to a purchaser who has made proper application for same.

F. The section shall discuss the right of the declarant to cancel a purchase contract upon failure of the declarant to obtain purchase contracts on a given number or percentage of condominium units being offered or upon failure of the declarant to meet other conditions precedent to obtaining necessary financing.

G. The section shall discuss the process for cancellation of a purchase contract by a purchaser in accordance with subdivision 2 of § 55.1-1974 of the Code of Virginia. The section shall include a statement as to whether deposits will be held in an escrow fund or if a bond or letter of credit will be filed with the board in lieu of escrowing deposits, all in accordance with § 55.1-1983 of the Code of Virginia.

H. The section shall set forth any restrictions in the purchase contract that limit the unit owner's right to bring legal action against the declarant or the association. The section shall set forth the paragraph or section and page number of the purchase contract where such provision is located. Nothing in this statement shall be deemed to authorize such limits where those limits are otherwise prohibited by law.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

18VAC48-30-270 Narrative sections; encumbrances

A. The public offering statement shall contain a section captioned "Encumbrances" that shall include the significant terms of any encumbrances, easements, liens, and matters of title affecting the condominium other than those contained in the condominium instruments and disclosed elsewhere in the public offering statement, as provided in subsections B through J of this section.

B. Except to the extent that such encumbrances are required to be satisfied or released by subsection A of § 55.1-1908 of the Code of Virginia, or a similar law, the section shall describe every mortgage, deed of trust, other perfected lien, or choate mechanics' or materialmen's lien affecting all or any portion of the condominium other than those placed on condominium units by their purchasers or owners. Such description shall (i) identify the lender secured or the lienholder, (ii) state the nature and original amount of the obligation secured, (iii) identify the party having primary responsibility for performance of the obligation secured, and (iv) indicate the practical effect upon unit owners of failure of the party to perform the obligation.

C. Normal easements for utilities, municipal rights-of-way, and emergency access shall be described only as such, without reference to ownership, location, or other details.

D. Easements reserved to the declarant to facilitate conversion, expansion, or sales shall be briefly described.

E. Easements reserved to the declarant or to the unit owners' association or to either entity's representatives or agents for access to units shall be briefly described. In the event that access to a unit may be had without notice to the unit owner, such fact shall be stated.

F. Easements across the condominium reserved to the owners or occupants of land located in the vicinity of the condominium, or across adjacent land benefitting the condominium including, without limitation, easements for the use of recreational areas shall be briefly described.

G. Covenants, servitudes, or other devices that create an actual restriction on the right of any unit owner to use and enjoy the unit or any portion of the common elements other than limited common elements shall be briefly described.

H. Any matter of title that is not otherwise required to be disclosed by the provisions of this section and that has or may have a substantial adverse impact upon unit owners' interests in the condominium shall be described. Under normal circumstances, normal and customary utility easements, easements for encroachments, and easements running in favor of unit owners for ingress and egress across the common elements shall be deemed not to have a substantial adverse impact upon unit owners' interest in the condominium.

I. The section need not include any information required to be disclosed by 18VAC48-30-210 C, 18VAC48-30-220, or 18VAC48-30-280.

J. In addition to the description of easements required in this section, pertinent easements that can be located shall be shown on the condominium plats and plans.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

18VAC48-30-280 Narrative sections; restrictions on transfer

The public offering statement shall include a section captioned "Restrictions on Transfer." The section shall describe and explain any rights of first refusal, preemptive rights, limitations on leasing, or other restraints on free alienability created by the condominium instruments or the rules and regulations of the unit owners' association that affect the unit owners' right to resell, lease, or otherwise transfer an interest in the condominium unit.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015.

18VAC48-30-290 Narrative sections; unit owners' association.

A. The public offering statement shall contain a section captioned "Unit Owners' Association." The section shall discuss the manner in which the condominium is governed and administered and shall include the information required by subsections B through K of this section.

B. The section shall summarize the functions of the unit owners' association.

C. The section shall describe the organizational structure of the unit owners' association. Such description shall indicate (i) the existence of or provision for an executive board, officers, and managing agent, if any; (ii) the relationships between such persons or bodies; (iii) the manner of election or appointment of such persons or bodies; and (iv) the assignment or delegation of responsibility for the performance of the functions of the unit owners' association.

D. The section shall describe the method of allocating votes among the unit owners.

E. The section shall describe any retention by the declarant of control over the unit owners' association, including the time period of declarant control. The section shall state that the association shall register with the Common Interest Community Board upon transition of declarant control by filing the required annual report in accordance with § 55.1-1980 of the Code of Virginia.

F. The managing agent, if any, shall be identified. If a managing agent is to be employed in the future, the criteria, if any, for selection of the managing agent shall be briefly stated. The section shall indicate any relationship between the managing agent and the declarant or a member of the executive board or an officer of the unit owners' association. The duration of any management agreement shall be stated.

G. Except to the extent otherwise disclosed in connection with discussion of a management agreement, the significant terms of any lease of recreational areas or similar contract or agreement affecting the use, maintenance, or access of all or any part of the condominium shall be stated. The section shall include a brief narrative statement of the effect of each such agreement upon a purchaser.

H. Rules and regulations of the unit owners' association and the authority to promulgate rules and regulations shall be discussed. Particular provisions of the rules and regulations need not be discussed except as required by other provisions of this chapter. The purchaser's attention shall be directed to the copy of rules and regulations, if any, attached to the public offering statement.

I. Any standing committees established or to be established to perform functions of the unit owners' association shall be discussed. Such committees include, without limitation, architectural control committees and committees having the authority to interpret condominium instruments, rules, and regulations or other operative provisions.

J. Unless required to be disclosed by 18VAC48-30-270 E, any power of the declarant or of the unit owners' association or its representatives or agents to enter units shall be discussed. To the extent each is applicable, the following facts shall be stated (i) a unit may be entered without notice to the unit owner, (ii) the declarant or the unit owners' association or its representatives or agents are empowered to take actions or perform work in a unit without the consent of the unit owner, and (iii) the unit owner may be required to bear the costs of actions so taken or work so performed.

K. The section shall state whether the condominium is part of a master or other association and briefly describe such relationship and the responsibilities of and obligations to the master association, including any charges for which the unit owner or the unit owners' association may be responsible. The disclosures required by this subsection may be contained in this narrative section or another narrative section. The section shall also describe any other obligation of the association or unit owners arising out of any agreements, easements, deed restrictions, or proffers, including the obligation to pay fees or other charges.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

18VAC48-30-300 Narrative sections; display of flag

The public offering statement shall include a section captioned "Display of Flag." This section shall describe any restrictions, limitations, or prohibitions on the right of a unit owner to display the flag of the United States in accordance with § 55.1-1951 of the Code of Virginia.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

18VAC48-30-310 Narrative sections; surrounding area

The public offering statement shall contain a section captioned "Surrounding Area." The section shall briefly describe the zoning of the immediate neighborhood of the condominium and the current uses.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015.

18VAC48-30-320 Narrative sections; financial matters

A. The public offering statement shall contain a section captioned "Financial Matters." The section shall discuss the expenses incident to the ownership of a condominium unit, excluding certain taxes, in the manner provided in subsections B through I of this section.

B. The section shall distinguish, in general terms, the following categories of costs of operation, maintenance, repair, and replacement of various portions of the condominium: (i) common expenses apportioned among and assessed to all of the condominium units pursuant to subsection D of § 55.1-1964 of the Code of Virginia or similar law or condominium instrument provision; (ii) common expenses, if any, apportioned among and assessed to less than all of the condominium units pursuant to subsections A and B of § 55.1-1964 of the Code of Virginia or similar law or condominium instrument provisions; and (iii) costs borne directly by individual unit owners. The section need not discuss taxes assessed against individual condominium units and payable directly by the unit owners.

C. A budget shall show projected common expenses for the first year of the condominium's operation or, if different, the latest year for which a budget is available. The projected budget shall be attached to the public offering statement as an exhibit and the section shall direct the purchaser's attention to such exhibit. The section shall describe the manner in which the projected budget is established. If the condominium is phased, the budget shall project future years until all phases are projected to be developed and all common elements that must be built have been completed. The budget shall include an initial working capital budget showing sources and uses of initial working capital and a reserve table showing amounts to be collected to fund those reserves. The budget shall show regular individual assessments by unit type. The budget shall note that the figures are not guaranteed and may vary.

D. The section shall describe the manner in which regular common expenses are apportioned among and assessed to the condominium units. The section shall include the substance of the following statement, if applicable:

"A unit owner cannot obtain a reduction of the regular common expenses assessed against the unit by refraining from use of any of the common elements."

E. The section shall describe budget provisions for reserves for capital expenditures in accordance with § 55.1-1965 of the Code of Virginia and for contingencies, if any. If there are no reserves, the section shall so state.

F. The section shall describe provisions for additional assessments to be levied in accordance with subsection E of § 55.1-1964 of the Code of Virginia in the event that budgeted assessments provide insufficient funds for operation of the unit owners' association. The section shall also describe the provisions for an assessment against an individual unit owner.

G. The section shall discuss any common expenses actually planned to be specially assessed pursuant to subsections A and B of § 55.1-1964 of the Code of Virginia or similar law or condominium instrument provisions.

H. The section shall indicate any fee, rent, or other charge to be payable by unit owners other than through common expense assessments to any party for use of the common elements or for use of recreational or parking facilities in the vicinity of the condominium. As an exception to the provisions of this subsection, the section need not discuss any fees provided for in subsection H of §§ 55.1-1966 and 55.1-1969 of the Code of Virginia, or similar laws or condominium instrument provisions or any costs for certificates for resale.

I. The section shall discuss the effect of failure of a unit owner to pay the assessments levied against the condominium unit. Such discussion shall indicate provisions for charges or other remedies that may be imposed to be applied in the case of overdue assessments and for acceleration of unpaid assessments. The section shall indicate the existence of a lien for unpaid assessments and where applicable the bond or letter of credit conditioned on the payment of assessments filed with the board in accordance with § 55.1-1968 of the Code of Virginia. The section shall include, to the extent applicable, the substance of the following statement:

"The unit owners' association may obtain payment of overdue assessments by bringing legal action against the unit owner or by foreclosure of the lien resulting in a forced sale of the condominium unit."

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

18VAC48-30-330 Narrative sections; insurance

A. The public offering statement shall contain a section captioned "Insurance." The section shall describe generally the insurance on the condominium to be maintained by the unit owners' association. The section shall state, with respect to such insurance, each of the following circumstances, to the extent applicable: (i) property damage coverage will not insure personal property belonging to unit owners; (ii) property damage coverage will not insure improvements to a unit that increase its value beyond the limits of coverage provided in the unit owners' association's policy; and (iii) liability coverage will not insure against liability arising from an accident or injury occurring within a unit or as a result of the act or negligence of a unit owner. The section shall include a statement whether the unit owner is obligated to obtain coverage for any or all of the coverages described. The section shall also include a statement that the unit owner should consult with an insurance professional to determine the appropriate coverage.

B. The section shall indicate any conditions imposed by the condominium instruments or the rules and regulations to which insurance obtained directly by unit owners will be subject. Such indication may be made by reference to pertinent provisions of the condominium instruments or the rules and regulations.

C. The section shall explain that the association is the only party that can make a claim under the master policy and is the sole decision-maker as to whether to make a claim, including a statement as to the circumstances under which a unit owner could be responsible for payment of the deductible.

D. The section shall state that the unit owners' association is required to obtain and maintain a blanket fidelity bond or employee dishonesty insurance policy in accordance with subsection B of § 55.1-1963 of the Code of Virginia.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

18VAC48-30-340 Narrative sections; taxes

A. The public offering statement shall contain a section captioned "Taxes." The section shall describe all existing or pending taxes to be levied against condominium units individually including, without limitation, real property taxes, sewer connection charges, and other special assessments.

B. With respect to real property taxes, the section shall state the current tax rate or provide information for obtaining the current tax rate. The section shall also state a procedure or formula by means of which the taxes may be estimated.

C. With respect to other taxes, the section shall describe each tax in sufficient detail as to indicate the time at which the tax will be levied and the actual or estimated amount to be levied, or a procedure or formula by means of which the taxes may be estimated.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015.

18VAC48-30-350 Narrative sections; governmental review

The public offering statement shall contain a section captioned "Governmental Reviews." The section shall discuss governmental reviews applicable to the condominium property and the status of any governmental approvals required for the development of the condominium. In addition, the section shall discuss approval of the zoning application and site plan and issuance of building permits by appropriate governmental authorities. The section shall state the current zoning classification for the condominium property. The section shall also include a statement regarding any zoning, subdivision, or land use obligations or proffers that would be imposed on the unit owner or the association, but need not disclose any zoning, subdivision, or land use obligations or proffers that do not impose any obligation on the association.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015.

18VAC48-30-360 Narrative sections; warranties

The public offering statement shall contain a section captioned "Warranties." The section shall describe any warranties provided by or through the declarant on the units or the common elements and a summary of the process for commencement of an action for breach of warranty in accordance with subsection C of § 55.1-1955 of the Code of Virginia. The section shall describe the structural defect warranty required by and described in subsection B of § 55.1-1955 of the Code of Virginia. The section shall also include the substance of the following statement:

"Nothing contained in the warranty provided by the declarant shall limit the protection afforded by the statutory warranty."

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

18VAC48-30-370 Documents from other jurisdictions

A. A substituted public offering statement shall only be permitted for a condominium located outside of Virginia.

B. The substituted public offering statement shall be prepared by deleting from the original disclosure document (i) references to any governmental agency of another jurisdiction to which application has been made or will be made for registration or related action; (ii) references to the action of such governmental agency relative to the condominium; (iii) statements of the legal effect in another jurisdiction of delivery, failure to deliver, acknowledgment of receipt, or related events involving the disclosure document; (iv) the effective dates in another jurisdiction of the disclosure document; and (v) all other information that is untrue, inaccurate, or misleading with respect to marketing, offers, or disposition of condominium units in Virginia.

C. The substituted public offering statement shall incorporate all information not otherwise included that is necessary to effect fully and accurately the disclosures required by subsection A of § 55.1-1976 of the Code of Virginia and, if applicable, subsection B of § 55.1-1982 of the Code of Virginia. The substituted disclosure document shall clearly explain any nomenclature that is different from the definitions provided in § 55.1-1900 of the Code of Virginia.

D. The substituted public offering statement shall include as the first item of the summary of important considerations a statement that includes the following information: (i) the designation by which the original disclosure document is identified in the original jurisdiction, (ii) the governmental agency of such other jurisdiction where the original disclosure document is or will be filed, and (iii) the jurisdiction of such filing.

E. The provisions of subdivision 2 of § 55.1-1974, § 55.1-1976, and subsection B of § 55.1-1982 of the Code of Virginia and 18VAC48-30-160, 18VAC48-30-170, and 18VAC48-30-180 shall apply to substituted public offering statements in the same manner and to the same extent that they apply to public offering statements.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

18VAC48-30-380 Condominium securities

A prospectus filed in compliance with the securities laws of a state or federal agency used in lieu of a public offering statement shall contain or have attached thereto copies of documents, other than the projected budget required to be attached to a public offering statement by subsection E of 18VAC48-30-180. Such prospectus shall be deemed to satisfy all of the disclosure requirements of subsections C and D of 18VAC48-30-180 and 18VAC48-30-190 through 18VAC48-30-360. In the case of a conversion condominium, the prospectus shall have attached thereto, in suitable form, the information required by 18VAC48-30-420, subsections C and D of 18VAC48-30-430, and 18VAC48-30-440 to be disclosed in public offering statements for conversion condominiums. The provisions of subdivision 2 of § 55.1-1974 of the Code of Virginia shall apply to the delivery of the prospectus in the same manner and to the same extent that they apply to the delivery of a public offering statement.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

18VAC48-30-390 Board oversight of public offering statement

The board at any time may require a declarant to alter or amend the public offering statement to assure full and fair disclosure to prospective purchasers and to ensure compliance with the Virginia Condominium Act and this chapter.

In accordance with subsection B of § 55.1-1976 of the Code of Virginia, the board does not approve or recommend the condominium or disposition thereof. The board's issuance of an effective date for a public offering statement shall not be construed to (i) constitute approval of the condominium, (ii) represent that the board asserts that either all facts or material changes or both concerning the condominium have been fully or adequately disclosed, or (iii) indicate that the board has made judgment on the value or merits of the condominium.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

Part V Conversion Condominiums

18VAC48-30-400 Public offering statement for conversion condominium; general instructions

The public offering statement for a conversion condominium shall conform in all respects to the requirements of 18VAC48-30-160 through 18VAC48-30-380. In addition, the public offering statement for a conversion condominium shall (i) contain special disclosures in the narrative sections captioned "Description of the Condominium," "Terms of the Offering," and "Financial Matters"; and (ii) incorporate narrative sections captioned "Present Condition of the Condominium" and "Replacement Requirements." Provisions for such additional disclosure are set forth in 18VAC48-30-410 through 18VAC48-30-440.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015.

18VAC48-30-410 Description of conversion condominium

In addition to the information required by 18VAC48-30-210, the section captioned "Description of the Condominium" shall indicate that the condominium is a conversion condominium. The term conversion condominium shall be defined and the particular circumstances that bring the condominium within the definition shall be stated. The nature and inception date of prior occupancy of the property being converted shall be stated.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015.

18VAC48-30-420 Financial matters, conversion condominium

A. The provisions for capital reserves described in the section captioned "Financial Matters" shall conform with 18VAC48-30-320 and shall be supplemented by the information set forth in subsections B and C of this section.

B. The section shall state the aggregate replacement cost of all physical assets whose replacement costs will constitute regular common expenses and whose expected useful lives are 10 years or less. For the purposes of this subsection, an expected useful life that is stated as being within a range of years pursuant to subsection E of 18VAC48-30-440 shall be deemed to be 10 years or less, if the lower limit of such range is 10 years or less. The total common expense assessments per unit that would be necessary in order to accumulate an amount of capital reserves equal to such aggregate replacement cost shall be stated.

C. The section shall state the amount of capital reserves that will be accumulated by the unit owners' association during the period of declarant control together with any provisions of the condominium instruments specifying the rate at which reserves are to be accumulated thereafter. If any part of the capital reserves will or may be obtained other than through regular common expense and limited common expense assessments, such fact shall be stated.

D. The actual expenditures made over a three-year period on operation, maintenance, repair, or other upkeep of the property prior to its conversion to condominium shall be set forth in tabular form as an exhibit immediately preceding or following the budget attached to the public offering statement pursuant to subsection C of 18VAC48-30-320, and shall be presented in a manner that is not misleading. Distinction shall be made between expenditures that would have constituted regular common expenses and limited common expenses, and expenditures that would have been borne by unit owners individually if the property had been converted to a condominium prior to the commencement of the three-year period. To the extent that it is impossible or impracticable to so distinguish the expenditures it shall be assumed that they would have constituted regular common expenses or limited common expenses.

Both types of expenditures shall be cumulatively broken down on a per unit basis in the same proportion that common expenses are or will actually be assessed against the condominium units. The three-year period to which this subsection refers shall be the most recent three-year period prior to application for registration during which the property was occupied and for which expenditure information is available. The expenditure information shall indicate the years for which expenditures are stated. If any portion of the property being converted to condominium was not occupied for the full three-year period, expenditure information shall be set forth only for the entire time period that portion of the property was occupied. The "Financial Matters" section shall direct the purchaser's attention to the expenditure information.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015.

18VAC48-30-430 Present condition of conversion condominium

A. The section captioned "Present Condition of the Condominium" shall contain a statement of the approximate dates of original construction or installation of all physical assets in the condominium. A single construction or installation date may be stated for all of the physical assets (i) in the condominium, (ii) within a distinctly identifiable portion of the condominium, or (iii) within a distinctly identifiable category of physical assets. A statement made pursuant to the preceding sentence shall include a separate reference to the construction or installation date of any physical asset within a stated group of physical assets that was constructed or installed significantly earlier than the construction or installation date indicated for the group generally. No statement shall be made that a physical asset or portion thereof has been repaired, altered, improved, or replaced subsequent to its construction or installation unless the approximate date, nature, and extent of such repair, alteration, improvement, or replacement is also stated.

B. Subject to the exceptions provided in subsections D, E, and F of this section, the section captioned "Present Condition of the Condominium" shall contain a description of the present condition of all physical assets within the condominium. The description of present condition shall disclose all structural defects and incapacities of major utility installations to perform their intended functions as would be observable, detectable, or deducible by means of standard inspection and investigative techniques employed by architects or professional engineers, as the case may be.

C. The section shall indicate the dates of inspection by means of which the described present condition was determined; provided, however, that such inspections shall have been conducted not more than one year prior to the date of filing the application for registration. The section shall identify the party by whom present condition was ascertained and shall indicate the relationship of such party to the declarant.

D. A single statement of the present condition of a class of physical assets shall suffice to disclose the present condition of each physical asset within the class; provided, however, that, unless subsection F of this section applies, such statement shall include a separate reference to the present condition of any physical asset within the class that is significantly different from the present condition indicated for the class generally.

E. The description of present condition may include a statement that all structural components in the condominium or in a distinctly identifiable portion thereof are in sound condition except those for which structural defects are noted.

F. In a case in which there are numerous physical assets within a class of physical assets and inspection of each such physical asset is impracticable, the description of present condition of all the physical assets within the class may be based upon an inspection of a number of them selected at random, provided that the number selected is large enough to yield a reasonably reliable sample and that the total number of physical assets within the class and the number selected are disclosed.

G. The section shall include statements disclosing any environmental issues pertaining to the building and the surrounding area, to include:

The presence of any asbestos-containing material following an inspection of each building completed prior to July 1, 1978, as well as whether any response actions have been or will need to be taken as required by § 55.1-1982 B 5 of the Code of Virginia;
Any known information on lead-based paint and lead-based paint hazards in each building constructed prior to 1978 pursuant to the Residential Lead-Based Paint Hazard Reduction Act of 1992 - Title X (42 USC § 4851 et seq.); and
Any obligations related to the declarant's participation in voluntary or nonvoluntary remediation activities.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

18VAC48-30-440 Replacement requirements in conversion condominium

A. Subject to the exceptions provided in subsections B and H of this section, the section captioned "Replacement Requirements" shall state the expected useful lives of all physical assets in the condominium. The section shall state that expected useful lives run from the date of the inspection by means of which the expected useful lives were determined. Such inspection date shall be stated.

B. A single statement of the expected useful life of a class of physical assets shall suffice to disclose the expected useful life of each physical asset within the class; provided, however, that such statement shall include a separate reference to the expected useful life of any physical asset within such class that is significantly shorter than the expected useful life indicated for the class generally.

C. An expected useful life may be qualified. A qualified expected useful life is an expected useful life expressly conditioned upon a given use or level of maintenance or other factor affecting longevity. No use, level of maintenance, or other factor affecting longevity shall be stated as a qualification unless such use, level of maintenance, or factor affecting longevity is normal or reasonably anticipated for the physical asset involved. If appropriate, an expected useful life may be stated as being indefinite, subject to the stated qualification that the physical asset involved must be properly used and maintained. An expected useful life may be stated as being within a range of years, provided that the range is not so broad as to render the statement meaningless. In no event shall the number of years constituting the lower limit of such range be less than two-thirds of the number of years constituting the upper limit.

D. Subject to the exceptions provided in subsections E and H of this section, the section captioned "Replacement Requirements" shall state the replacement costs of all physical assets in the condominium including those whose expected useful lives are stated as being indefinite.

E. A statement of the replacement cost of a representative member of a class of physical assets shall suffice to disclose the replacement cost of each physical asset within the class; provided, however, that such statement shall include a separate reference to the replacement cost of any physical asset within the class that is significantly greater than the replacement cost indicated for the representative member of the class.

F. Distinction shall be made between replacement costs that will be common expenses and replacement costs that will be borne by unit owners individually. The latter type of replacement costs shall be broken down on a per unit basis. The purchaser's attention shall be directed to the "Financial Matters" section for an indication of the amount of the former type of replacement costs.

G. In any case in which the replacement cost of a physical asset may vary depending upon the circumstances surrounding its replacement, the stated replacement cost shall reflect the circumstances under which replacement will most probably be undertaken.

H. A single expected useful life and an aggregate replacement cost may be stated for all of the structural components of a building or structure that have both (i) the same expected useful lives and (ii) replacement costs that will constitute regular common expenses. A statement made pursuant to the preceding sentence shall be accompanied by statements of the expected useful lives and replacement costs, stated on a per unit basis, of all of the structural components of the building or structure whose expected useful lives differ from the general expected useful life or whose replacement costs will be borne by unit owners individually.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015.

18VAC48-30-450 Notice to tenants

No notice to terminate tenancy of a unit provided for by subsection C of § 55.1-1982 of the Code of Virginia shall be given prior to the registration of the condominium including such unit as to which the tenancy is to be terminated.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

Part VI Post-Registration Provisions

18VAC48-30-460 Minimum post-registration reporting requirements

A. Subsequent to the issuance of a registration for a condominium by the board, the declarant of a condominium shall:

File an annual report in accordance with § 55.1-1979 of the Code of Virginia and this chapter.
File a copy of the formal notice to the tenants of a conversion condominium upon delivery or no later than 15 days after delivery to such tenants in accordance with subsection C of § 55.1-1982.
Upon the occurrence of a material or nonmaterial change, file an amended public offering statement or substituted public offering statement in accordance with the provisions of 18VAC48-30-480 or 18VAC48-30-490, as applicable.
Notify the board of a change in the bond or letter of credit, as applicable, required by §§ 55.1-1921, 55.1-1968, and 55.1-1983 of the Code of Virginia.
File a complete application for registration of unregistered additional units upon the expansion of the condominium or the formation of units out of additional land. Notwithstanding the preceding, nonresidential units created out of convertible space need not be registered. Documents on file with the board and not changed with the creation of additional units need not be refiled provided that the application indicates that such documents are unchanged.
Notify the board of transition of control of the unit owners' association.
Notify the board upon the transfer of special declarant rights to a successor declarant.
Submit appropriate documentation to the board once the registration is eligible for termination.
Submit to the board any other document or information that may include information or documents that have been amended or may not have existed previously that affects the accuracy, completeness, or representation of any information or document filed with the application for registration.
Submit to the board any document or information to make the registration file accurate and complete.

B. Notwithstanding the requirements of subsection A of this section, the board at any time may require a declarant to provide information or documents, or amendments thereof, to assure full and fair disclosure to prospective purchasers and to ensure compliance with the Virginia Condominium Act and this chapter.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

18VAC48-30-470 Amendment of public offering statement

Any amendment of the public offering statement or substituted public offering statement shall comply with this chapter.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015.

18VAC48-30-480 Nonmaterial changes to the public offering statement

A. Changes to the public offering statement that are not material shall be filed with the board but shall not be deemed an amendment of the public offering statement for the purposes of this chapter and shall not give rise to a renewed right of rescission in any purchase. Nonmaterial changes to the public offering statement include the following:

Correction of spelling, grammar, omission, or other similar errors not affecting the substance of the public offering statement;
Changes in presentation or format;
Substitution of an executed, filed, or recorded copy of a document for the otherwise substantially identical unexecuted, unfiled, or unrecorded copy of the document that was previously submitted;
Inclusion of updated information such as identification or description of the current officers and directors of the declarant;
Disclosure of completion of improvements for improvements that were previously proposed or not complete;
Changes in real estate tax assessment or rate or modifications related to those changes;
Changes in utility charges or rates or modifications related to those changes;
Adoption of a new budget that does not result in a significant change in the common expense assessment or significantly impact the rights or obligations of the prospective purchasers;
Modifications related to changes in insurance company or financial institution, policy, or amount for bonds or letters of credit required pursuant to §§ 55.1-1921, 55.1-1968, and 55.1-1983 of the Code of Virginia;
Changes in management agent or common interest community manager; and
Any change that is the result of orderly development of the condominium in accordance with the condominium instruments as described in the public offering statement.

B. Nonmaterial changes to the public offering statement shall be submitted with the effective date of the changes detailed. All changes shall be clearly represented in the documentation presented. The additions and deletions of text in the public offering statement and exhibits shall be identified by underlining and striking through text to be added and deleted, and any documents being added to or deleted from the contents of the public offering statement shall be clearly and accurately reflected in the table of contents utilizing underlines and strike-throughs for additions and deletions. In addition to the copies showing edits to the text, a clean copy of all new and amended documents shall be provided. In addition, the declarant shall include a statement with the submission of the declarant's plans, if any, to deliver the public offering statement to purchasers pursuant to subdivision 2 of § 55.1-1974 of the Code of Virginia.

C. The board has the sole discretion for determining whether a change is nonmaterial. The declarant will be notified in writing within 15 days of receipt by the board if the submitted changes are determined to be material. Should a change be submitted as nonmaterial but determined to be a material change during review, the requirements contained in 18VAC48-30-470 and 18VAC48-30-490 shall be applicable.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

18VAC48-30-490 Filing of amended public offering statement

A. The declarant shall promptly file with the board for review a copy of the amended public offering statement or substituted public offering statement together with a copy of a summary of proposed amendments that shall be distributed to purchasers during the board review period. The summary of proposed amendments shall enumerate the amendments to the public offering statement submitted for board review and include a statement that the amendments to the public offering statement have been filed with the board but have not yet been accepted. The form of the submission is at the discretion of the declarant provided, however, that (i) all amendments are clearly represented in the documentation presented, (ii) the additions and deletions of text in the public offering statement and exhibits shall be identified by underlining and striking through text to be added and deleted, and (iii) any documents being added to or deleted from the contents of the public offering statement shall be clearly and accurately reflected in the table of contents utilizing underlines and strike-throughs for additions and deletions. In addition to the copies showing edits to the text, a clean copy of all new and amended documents shall be provided.

B. The amended public offering statement submitted to the board for review shall include the effective date of the amendments.

C. The board shall issue a notice of filing within five business days following receipt of the amended public offering statement.

D. Within 30 days of the issuance of the notice of filing required by subsection C of this section, the board shall review the amended public offering statement and supporting materials to determine whether the amendment complies with this chapter. If the board's review determines that the amended public offering statement complies with this chapter, it shall notify the declarant in writing and confirm the new effective date of the public offering statement.

E. If the board's review determines that the amended public offering statement does not comply with this chapter, it shall immediately notify the declarant in writing that the review has determined the amended public offering statement is not in compliance and shall specify the particulars of such noncompliance. The declarant shall then have 20 days in which to correct the particulars of noncompliance identified by the board. The declarant may, prior to the completion of the 20-day correction period, request an extension in writing of the 20-day correction period. Upon expiration of the 20-day correction period, if requested corrections have not been made or a request for extension properly received, the board may issue a temporary cease and desist order in accordance with § 55.1-1986 B of the Code of Virginia to require the cessation of sales until such time as affirmative action as directed by the board is taken. Use of the noncompliant public offering statement may result in further action by the board pursuant to §§ 55.1-1986, 55.1-1987, and 55.1-1989 of the Code of Virginia.

F. Notwithstanding an extension of the 30-day period for review agreed to in writing by the board and declarant, if the board does not perform the required review of the public offering statement in accordance with subsection D of this section, the amendment shall be deemed to comply with 18VAC48-30-160 through 18VAC48-30-380, and the new effective date shall be the effective date of the amendment provided pursuant to subsection B of this section.

G. In each case in which an amended document is filed pursuant to this section and the manner of its amendment is not apparent on the face of the document, the declarant shall provide an indication of the manner and extent of amendment.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

18VAC48-30-500 Current public offering statement

A. Upon issuance of an effective date by the board, any purchasers who received a public offering statement and summary of proposed amendments during the board review period pursuant to subsection A of 18VAC48-30-490 shall be provided with the public offering statement as accepted by the board. A public offering statement remains current until such time as the occurrence of a material change requires amendment of the public offering statement pursuant to this chapter and a new effective date is issued by the board.

B. Upon issuance of an effective date by the board, a public offering statement remains current until such time as a new effective date is established pursuant to this chapter.

C. Notwithstanding the board's authority to issue a cease and desist order pursuant to § 55.1-1986 of the Code of Virginia, the filing of an amended public offering statement shall not require the declarant to cease sales provided that the declarant provides to purchasers the summary of proposed amendments pursuant to subsection A of 18VAC48-30-490 pending the issuance of a new effective date by the board.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

18VAC48-30-510 Public offering statement not current; notification of purchasers

A. A purchaser who has been delivered a public offering statement that is not current due to a material change and was not provided with the summary of proposed amendments containing the proposed changes to the amended public offering statement pursuant to subsection A of 18VAC48-30-490 pending the issuance of a new effective date by the board shall be notified of such fact by the declarant.

B. A purchaser who has been delivered a public offering statement and summary of proposed amendments pursuant to subsection A of 18VAC48-30-490, but the amended public offering statement is determined to be noncompliant in accordance with subsection E of 18VAC48-30-490 shall be notified of such fact by the declarant.

The notification shall indicate that any contract for disposition of a condominium unit may be canceled by the purchaser pursuant to subdivision 2 of § 55.1-1974 of the Code of Virginia.
The declarant shall file a copy of the notification with the board and provide proof that such notification has been delivered to all purchasers under contract.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

18VAC48-30-520 Provisions applicable to substituted public offering statement and prospectus

A. The provisions of 18VAC48-30-470 through 18VAC48-30-510 shall apply to a substituted public offering statement in the same manner and to the same extent that they apply to public offering statements.

B. The provisions of 18VAC48-30-470 through 18VAC48-30-510 shall apply to a prospectus only to the extent that amendment of the information or documents attached to the prospectus pursuant to 18VAC48-30-380 is required or permitted. The body of the prospectus shall be amended only as provided in applicable securities law. The declarant shall immediately file with the board any amendments to the body of the prospectus and, upon receipt thereof, the board shall notify the declarant in writing and confirm the new effective date for use of the prospectus. A prospectus is current so long as it is effective under applicable securities law and the information and attached documents are current under the provisions of 18VAC48-30-490. The declarant shall immediately notify the board if the prospectus ceases being effective. If no prospectus is effective and the declarant proposes to continue offering condominium units, the declarant shall file a public offering statement with the board pursuant to 18VAC48-30-490.

C. The provisions of 18VAC48-30-510 shall apply to a prospectus in the same manner and to the same extent that they apply to a public offering statement.

D. In an annual report involving a prospectus, the declarant shall comply with all of the provisions of 18VAC48-30-540 applicable to public offering statements and, in addition, shall certify that an effective prospectus is available for delivery to purchasers and shall indicate the declarant's plans or expectations regarding the continuing effectiveness of the prospectus.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015.

18VAC48-30-530 Filing of phase amendment application

A. A phase amendment application shall be filed when adding land to or converting land in the condominium, provided that no such application need be filed for units previously registered. Such phase amendment application shall be accompanied by the fee provided for in 18VAC48-30-100 and shall be subject to all of the provisions of 18VAC48-30-90 through 18VAC48-30-150. Documents on file with the board that have not changed in connection with the additional units need not be refiled, provided that the phase amendment application indicates that such documents are unchanged.

B. The application shall include a new or amended bond or letter of credit required pursuant to § 55.1-1968 of the Code of Virginia for the additional units.

C. The board shall review the phase amendment application and supporting materials to determine whether the amendment complies with this chapter. If the board's review determines the phase amendment application complies with this chapter, it shall issue an amended order of registration for the condominium and shall provide that any previous orders and designations of the form, content, and effective date of the public offering statement, substituted public offering statement, or prospectus to be used are superseded. If the board's review determines that the phase amendment application is not complete, the board shall correspond with the declarant to specify the particulars that must be completed to obtain compliance with this chapter.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

18VAC48-30-540 Annual report by declarant

A. A declarant shall file an annual report on a form provided by the board to update the material contained in the registration file at least 30 days prior to the anniversary date of the order registering the condominium. Prior to filing the annual report required by § 55.1-1979 of the Code of Virginia, the declarant shall review the public offering statement then being delivered to purchasers. If such public offering statement is current, the declarant shall so certify in the annual report. If such public offering statement is not current, the declarant shall amend the public offering statement, and the annual report shall, in that event, include a filing in accordance with 18VAC48-30-490.

B. The annual report shall contain, but may not be limited to, the following:

Current contact information for the declarant;
Current contact information for the declarant's attorney, if applicable;
Date of the public offering statement currently being delivered to purchasers;
Date the condominium instruments were recorded and locality wherein recorded;
Number of phases registered with the board, if applicable;
Number of phases recorded, if applicable;
Number of units recorded;
Number of units conveyed;
Status of completion of all common elements within the condominium;
Status of declarant control;
Whether the declarant is current in the payment of assessments; and
Current evidence from the surety or financial institution of any bond or letters of credit, or submittal of replacement bonds or letters of credit, required pursuant to §§ 55.1-1921, 55.1-1968, and 55.1-1983 of the Code of Virginia. Such verification shall provide the following:

a. Principal of bond or letter of credit;

b. Beneficiary of bond or letter of credit;

c. Name of the surety or financial institution that issued the bond or letter of credit;

d. Bond or letter of credit number as assigned by the issuer;

e. The dollar amount; and

f. The expiration date or, if self-renewing, the date by which the bond or letter of credit shall be renewed.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

18VAC48-30-550 Board review of annual report

A. During review of the annual report, the board may make inquiries or request additional documentation to amplify or clarify the information provided.

B. If the board does not accept the annual report and the annual report filing is not completed within 60 days of a request by the board for additional information, the board may take further action pursuant to §§ 55.1-1986, 55.1-1987, and 55.1-1989 of the Code of Virginia for failing to file an annual report as required by § 55.1-1979 of the Code of Virginia.

C. If the board does not perform the required review of the annual report within 30 days of receipt by the board, the annual report shall be deemed to comply with § 55.1-1979 of the Code of Virginia.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

18VAC48-30-560 Transition of control of unit owners' association

Upon transition of control of the association to the unit owners following the period of declarant control, the declarant shall, in addition to the requirements contained in subsection H of § 55.1-1943 of the Code of Virginia, notify the board in writing of the date of such transition and provide the name and contact information for members of the board of directors of the unit owners' association or the association's common interest community manager.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 35, Issue 17, eff. May 15, 2019; Volume 36, Issue 6, eff. December 31, 2019.

18VAC48-30-570 Return of assessment bond or letter of credit to declarant

A. The declarant of a condominium required to post a bond or letter of credit pursuant to § 55.1-1968 of the Code of Virginia shall maintain such bond or letter of credit for all units registered with the board until the declarant owns less than 10% of the units in the condominium and is current in the payment of assessments. For condominiums containing less than 10 units, the bond or letter of credit shall be maintained until the declarant owns only one unit.

B. The declarant shall submit a written request to the board for the return of the bond or letter of credit. The written request shall attest that the declarant (i) owns less than 10% of the units or for condominiums containing less than 10 units, that the declarant owns only one unit and (ii) is current in the payment of assessments. The written request shall provide contact information for the unit owners' association.

C. Upon receipt of the written request from the declarant, the board shall send a request to the unit owners' association to confirm the information supplied by the declarant. The person certifying the information on behalf of the unit owners' association must not be affiliated with the declarant. The managing agent may confirm the information supplied by the declarant.

D. The board shall return the bond or letter of credit to the declarant if (i) the unit owners' association confirms that the declarant is current in the payment of assessments and owns less than 10% of the units in the condominium or (ii) no response is received from the unit owners' association within 90 days. The 90-day time frame in clause (ii) of this subsection may be extended at the discretion of the board.

E. If the unit owners' association attests the declarant is not current in the payment of assessments, the board shall retain the bond or letter of credit until evidence is received satisfactory to the board that the declarant is current in the payment of assessments.

F. The board may ask for additional information from the unit owners' association or the declarant as needed to confirm compliance with § 55.1-1968 of the Code of Virginia.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

18VAC48-30-580 Return of completion bond or letter of credit to declarant

A bond on file with the board pursuant to § 55.1-1921 of the Code of Virginia may be returned to the declarant upon written request. Such request shall include a copy of the recorded plat or plan showing completion or documentation acceptable to the board that the improvements to the common elements for which the bond was submitted is completed to the extent of the declarant's obligation.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

18VAC48-30-590 Return of bond or letter of credit upon termination of registration

Upon issuance of an order of termination of the condominium registration pursuant to 18VAC48-30-610 and if the bond or letter of credit on file with the board has not been returned to the declarant or the declarant's agent previously, it will be considered for return in accordance with 18VAC48-30-570 or 18VAC48-30-580.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015.

18VAC48-30-600 Maintenance of bond or letter of credit

A. The declarant shall report the extension, cancellation, amendment, expiration, termination, or any other change of any bond or letter of credit submitted in accordance with §§ 55.1-1921, 55.1-1968, and 55.1-1983 of the Code of Virginia within five days of the change.

B. The board at any time may request verification from the declarant of the status of a bond or letter of credit on file with the board. Such verification shall comply with the provisions of subdivision B 12 of 18VAC48-30-540.

C. Failure to report a change in the bond or letter of credit in accordance with this section shall result in further action by the board pursuant to Chapter 19 (§ 55.1-1900 et seq.) of Title 55.1 of the Code of Virginia.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

18VAC48-30-610 Termination of condominium registration

A. The condominium registration shall be terminated upon receipt of documentation of one of the following:

In accordance with § 55.1-1979 of the Code of Virginia, an annual report filed pursuant to 18VAC48-30-540 indicates that all units in the condominium have been disposed of and all periods for conversion or expansion have expired.
Written notification is received from the declarant attesting that all units have been disposed of and that all periods for conversion or expansion have expired and all common elements have been completed.
Written notification is received from the declarant requesting termination pursuant to § 55.1-1937 of the Code of Virginia. Should the declarant later choose to offer condominium units in a condominium for which the registration has been terminated in accordance with this subsection, prior to offering a condominium unit, the declarant must submit a new application for registration of the condominium, meet all requirements in effect at the time of application, and be issued an order of registration for the condominium by the board.

B. Upon receipt and review of documentation pursuant to subsection A of this section, the board shall issue an order of termination for the condominium registration. The board may request additional information as necessary during the review of the submitted documentation to ensure that the condominium registration is eligible for termination.

C. The board shall send a copy of the order of termination for the condominium registration to the association.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

18VAC48-30-620 Administrative termination of condominium registration

In accordance with subsection B of § 55.1-1981 of the Code of Virginia, the board may administratively terminate the registration of a condominium. Prior to the administrative termination of the registration, the board shall send written notice of its intent to terminate the registration to all known parties associated with the condominium, including the registered agent, officer of the unit owners' association, declarant's and association's attorneys, and principal of the declarant. Such written notice shall be given to the parties by mail or otherwise if acknowledged by them in writing.

The board shall issue an order of termination for the condominium registration if (i) a response is not received within 30 days after sending the written notice or (ii) the response received does not indicate termination of the registration is inappropriate in accordance with Chapter 19 (§ 55.1-1900 et seq.) of Title 55.1 of the Code of Virginia and this chapter.

Nothing contained in this section shall prevent the board from taking further action as allowed by law including issuance of a temporary cease and desist order, issuance of a cease and desist order, revocation of registration, and bringing action in the appropriate circuit court to enjoin the acts or practices and to enforce compliance.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

18VAC48-30-630 Notification of successor declarant and transfer of special declarant rights

A. In the event the special declarant rights of a condominium are transferred to a successor in accordance with § 55.1-1947 of the Code of Virginia, the successor declarant shall notify the board within 30 days. Before units may be offered for sale, the successor declarant shall submit the following to the board:

Completed application for the successor declarant;
Copy of the recorded document evidencing the transfer;
Copies of all condominium instruments that were amended to reflect the successor or transfer of special declarant rights;
A public offering statement amended in accordance with this chapter;
All bonds or letters of credit required pursuant to §§ 55.1-1921, 55.1-1968, and 55.1-1983 of the Code of Virginia; and
Other documents that may be required to ensure compliance with Chapter 19 (§ 55.1-1900 et seq.) of Title 55.1 of the Code of Virginia and this chapter.

B. Documents on file with the board that have not changed in connection with the transfer need not be refiled, provided that the application for successor declarant indicates that such documents are unchanged.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

18VAC48-30-640 Reporting of other changes to the condominium project

Any other change made or known by the declarant that may affect the accuracy or completeness of the condominium registration file shall be promptly reported to the board. Such change may include the name of the declarant, name of the condominium project, or any other changes in information submitted in accordance with § 55.1-1975 of the Code of Virginia. The board may request additional information as necessary to ensure compliance with Chapter 19 (§ 55.1-1900 et seq.) of Title 55.1 of the Code of Virginia and this chapter.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

Part VII Board Authority and Standards of Conduct

18VAC48-30-650 Grounds for disciplinary action

The board may revoke a registration upon a finding that the registration is not in compliance with, or the declarant has violated, any provision of the regulations of the board or Chapter 19 (§ 55.1-1900 et seq.) of Title 55.1 of the Code of Virginia. Additional action may include issuance of a temporary cease and desist order, issuance of a cease and desist order, revocation of registration, and bringing action in the appropriate circuit court to enjoin the acts or practices and to enforce compliance.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

18VAC48-30-660 Registration of condominium required

No declarant or individual or entity acting on behalf of the declarant shall offer a condominium unit prior to the registration of the condominium including such unit.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015.

18VAC48-30-670 Condominium advertising standards

A. No promise, assertion, representation, or statement of fact or opinion in connection with a condominium marketing activity shall be made that is false, inaccurate, or misleading by reason of inclusion of an untrue statement of a material fact or omission of a statement of a material fact relative to the actual or intended characteristics, circumstances, or features of the condominium or a condominium unit.

B. No promise, assertion, representation, or statement of fact or opinion made in connection with a condominium marketing activity shall indicate that an improvement will be built or placed on the condominium unless the improvement is a proposed improvement within the meaning of subdivision 3 of 18VAC48-30-120.

C. No promise, assertion, representation, or statement of fact or opinion made in connection with a condominium marketing activity and relating to a condominium unit not registered shall, by its express terms, induce, solicit, or encourage a prospective purchaser to leave Virginia for the purpose of executing a contract for sale or lease of the condominium unit or performing some other act that would create or purport to create a legal or equitable interest in the condominium unit other than a security interest in or a nonbinding reservation of the condominium unit.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 17, eff. June 1, 2020.

18VAC48-30-680 Response to inquiry and provision of records

A. The declarant must respond within 15 days to a request by the board or any of its agents regarding any complaint filed with the department. The board may extend such time frame upon a showing of extenuating circumstances prohibiting delivery within such 15-day period.

B. Unless otherwise specified by the board, the declarant shall produce to the board or any of its agents within 15 days of the request any document, book, or record concerning any transaction in which the declarant was involved, or for which the declarant is required to maintain records for inspection and copying by the board or its agents. The board may extend such time frame upon a showing of extenuating circumstances prohibiting delivery within such 15-day period.

C. A declarant shall not provide a false, misleading, or incomplete response to the board or any of its agents seeking information in the investigation of a complaint filed with the board.

D. With the exception of the requirements of subsections A and B of this section, a declarant must respond to an inquiry by the board or its agent within 21 days.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015.

18VAC48-30-690 Prohibited acts

The following acts are prohibited and any violation may result in action by the board, including issuance of a temporary cease and desist order in accordance with § 55.1-1986 B of the Code of Virginia:

Violating, inducing another to violate, or cooperating with others in violating any of the provisions of any of the regulations of the board, Chapter 23.3 (§ 54.1-2345 et seq.) of Title 54.1 of the Code of Virginia, or Chapter 19 (§ 55.1-1900 et seq.) or Chapter 20 (§ 55.1-2000 et seq.) of Title 55.1 of the Code of Virginia.
Obtaining or attempting to obtain a registration by false or fraudulent representation, or maintaining a registration by false or fraudulent representation.
Failing to comply with 18VAC48-30-80 in offering literature.
Failing to alter or amend the public offering statement as directed in accordance with 18VAC48-30-390 or 18VAC48-30-490.
Providing information to purchasers in a manner that willfully and intentionally fails to promote full and fair disclosure.
Failing to provide information or documents, or amendments thereof, in accordance with subsection B of 18VAC48-30-460.
Failing to comply with the post-registration requirements of 18VAC48-30-460, 18VAC48-30-470, 18VAC48-30-480, 18VAC48-30-490, 18VAC48-30-500, 18VAC48-30-510, 18VAC48-30-520, 18VAC48-30-530, and 18VAC48-30-540.
Failing to give notice to a purchaser in accordance with 18VAC48-30-510.
Failing to give notice to the board of transition of control of unit owners' association in accordance with 18VAC48-30-560.
Failing to transition control of the unit owners' association in accordance with § 55.1-1943 of the Code of Virginia.
Failing to turn over books and records in accordance with subsection H of § 55.1-1943 of the Code of Virginia.
Providing false information or misrepresenting an affiliation with an association in seeking return of a bond or letter of credit in accordance with 18VAC48-30-570 or 18VAC48-30-580.
Filing false or misleading information in the course of terminating a registration in accordance with 18VAC48-30-610 or 18VAC48-30-620.
Failing to comply with 18VAC48-30-630 and 18VAC48-30-640.
Failing to comply with the advertising standards contained in 18VAC48-30-670.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 20, eff. August 1, 2015; amended, Virginia Register Volume 36, Issue 6, eff. December 31, 2019.

Chapter 45 Time-Share Regulations

Part I General

18VAC48-45-10 (Reserved). (Reserved)

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Reserved, Virginia Register Volume 32, Issue 10, eff. March 1, 2016.

18VAC48-45-20 Definitions

A. Section 55.1-2200 of the Code of Virginia provides definitions of the following terms and phrases as used in this chapter:

| "Affiliate" | "Offering" or "offer" | | --- | --- | | "Alternative purchase" | "Person" | | "Association" | "Product" | | "Board" | "Public offering statement" | | "Board of directors" | "Purchaser" | | "Common elements" | "Resale purchase contract" | | "Contact information" | "Resale service" | | "Contract" or "purchase contract" | "Resale time-share" | | "Conversion time-share project" | "Resale transfer contract" | | "Default" | "Reseller" | | "Developer" | "Reverter deed" | | "Developer control period" | "Situs" | | "Development right" | "Time-share" | | "Dispose" or "disposition" | "Time-share estate" | | "Exchange company" | "Time-share expense" | | "Exchange program" | "Time-share instrument" | | "Guest" | "Time-share owner" or "owner" | | "Incidental benefit" | "Time-share program" or "program" | | "Lead dealer" | "Time-share project" or "project" | | "Managing agent" | "Time-share unit" or "unit" | | "Managing entity" | "Time-share use" | | "Material change" | "Transfer" |

B. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Alternative disclosure statement" means a disclosure statement for an out-of-state time-share program or time-share project that is properly registered in the situs.

"Annual report" means a completed, board-prescribed form and required documentation submitted in compliance with § 55.1-2242 of the Code of Virginia.

"Application" means a completed, board-prescribed form submitted with the appropriate fee and other required documentation in compliance with the Virginia Real Estate Time-Share Act and this chapter.

"Blanket bond" means a blanket surety bond issued in accordance with the requirements of § 55.1-2220 of the Code of Virginia obtained and maintained by a developer in lieu of escrowing deposits accepted by a developer in connection with the purchase or reservation of a product.

"Blanket letter of credit" means a blanket irrevocable letter of credit issued in accordance with the requirements of § 55.1-2220 of the Code of Virginia obtained and maintained by a developer in lieu of escrowing deposits accepted by a developer in connection with the purchase or reservation of a product.

"Department" means the Department of Professional and Occupational Regulation.

"Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

"Full and accurate disclosure" means the degree of disclosure necessary to ensure reasonably complete and materially accurate representation of the time-share in order to protect the interests of purchasers.

"Individual bond" means an individual surety bond issued in accordance with the requirements of § 55.1-2220 of the Code of Virginia obtained and maintained by a developer in lieu of escrowing a deposit accepted by a developer in connection with the purchase or reservation of a product.

"Individual letter of credit" means an individual irrevocable letter of credit issued in accordance with the requirements of § 55.1-2220 of the Code of Virginia obtained and maintained by a developer in lieu of escrowing a deposit accepted by a developer in connection with the purchase or reservation of a product.

"Registration file" means the application for registration, supporting materials, annual reports, and amendments that constitute all information submitted and reviewed pertaining to a particular time-share program, alternative purchase, exchange program, or time-share reseller registration. A document that has not been accepted for filing by the board is not part of the registration file.

"Virginia Real Estate Time-Share Act" means Chapter 22 (§ 55.1-2200 et seq.) of Title 55.1 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 35, Issue 6, eff. December 14, 2018; Volume 36, Issue 6, eff. December 30, 2019; Volume 37, Issue 3, eff. December 1, 2020.

18VAC48-45-30 Explanation of terms

Each reference in this chapter to a "developer," "purchaser," and "time-share owner" or to the plural of those terms shall be deemed to refer, as appropriate, to the masculine and the feminine, to the singular and the plural, and to natural persons and organizations. The term "developer" shall refer to any successors to the persons referred to in § 55.1-2200 of the Code of Virginia who come to stand in the same relation to the time-share as their predecessors in that they assumed rights reserved for the benefit of a developer that (i) offers to dispose of its interest in a time-share not previously disposed of or (ii) applies for registration of the time-share program.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 36, Issue 6, eff. December 30, 2019.

18VAC48-45-40 Time-shares located outside of Virginia

A. In any case involving a time-share located outside of Virginia in which the laws or practices of the jurisdiction in which such time-share is located prevent compliance with a provision of this chapter, the board shall prescribe by order a substitute provision to be applicable in such case that is as nearly equivalent to the original provision as is reasonable under the circumstances.

B. The words "time-share instrument" and "public offering statement," when used in this chapter with reference to a time-share located outside of Virginia, mean documents, portions of documents, or combinations thereof, by whatever name denominated, that have a content and function identical or substantially equivalent to the content and function of their Virginia counterparts.

C. The word "recording" or "recordation" when used with reference to time-share instruments of a time-share located outside of Virginia means a procedure that, in the jurisdiction in which such time-share is located, causes the time-share instruments to become legally effective.

D. This chapter shall apply to a contract for the disposition of a time-share located outside of Virginia only to the extent permissible under the provisions of subsections C and D of § 55.1-2201 of the Code of Virginia.

E. In accordance with subsection D of § 55.1-2201 of the Code of Virginia, this chapter applies to any time-share program wherein the time-share interests are either direct or indirect beneficial interests in a trust created pursuant to a situs time-sharing law, or other applicable law of the situs.

F. The time-share shall be properly registered in the state or other jurisdiction where the project is located.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 36, Issue 6, eff. December 30, 2019; Volume 37, Issue 3, eff. December 1, 2020.

Part II General Application Requirements

18VAC48-45-50 Application procedures

A developer seeking registration of a time-share program or an alternative purchase, an exchange company seeking registration of an exchange program, or a reseller seeking registration in order to offer or provide resale services, all in accordance with the Virginia Real Estate Time-Share Act, shall submit an application on the appropriate form provided by the board, along with the appropriate fee specified in 18VAC48-45-70.

By submitting the application to the board, the applicant certifies that the applicant has read and understands the applicable statutes and this chapter.

The receipt of an application and the deposit of fees by the board do not indicate approval or acceptance of the application by the board.

The board may make further inquiries and investigations to confirm or amplify information supplied. All applications shall be completed in accordance with the instructions contained in this chapter and on the application. Applications will not be considered complete until all required documents are received by the board.

Applications that are not complete within 12 months after receipt of the application in the board's office will be purged, and a new application and fee must be submitted in order to be reconsidered for registration.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 37, Issue 3, eff. December 1, 2020.

18VAC48-45-60 Review of application for registration, generally

A. Upon the review of the application for registration, if the requirements of this chapter have not been met, the board shall notify the applicant.

B. The board may refuse initial registration due to an applicant's failure to comply with entry requirements or for any of the reasons for which the board may discipline a regulant.

C. At such time as the board affirmatively determines that the requirements of this chapter have been met, the board shall issue the applicable registration.

D. Notwithstanding the provisions of 18VAC48-45-130 for a time-share program registration, applications that do not meet the requirements of this chapter may be accepted following consideration by the board in accordance with the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 37, Issue 3, eff. December 1, 2020.

18VAC48-45-70 Fees

A. All fees are nonrefundable and shall not be prorated. The date on which the fee is received by the board or its agent will determine whether the fee is timely. Checks or money orders shall be made payable to the Treasurer of Virginia.

B. Fees are as follows:

| Time-share program registration application | $1,500 | | --- | --- | | Time-share program phase amendment filing | $250 | | Time-share program registration annual report | $500 | | Alternative purchase registration application | $100 | | Alternative purchase registration annual report | $100 | | Exchange program registration application | $1,000 | | Exchange program registration annual report | $250 | | Time-share reseller registration application | $250 | | Time-share reseller registration renewal | $250 | | Time-share reseller registration reinstatement (includes a $100 reinstatement fee in addition to the $250 renewal fee) | $350 |

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 37, Issue 3, eff. December 1, 2020.

Part III Marketing and Advertising

18VAC48-45-80 Time-share marketing activities

A. Time-share marketing activities shall include every contact by or on behalf of the developer for the purpose of promoting disposition of a time-share or alternative purchase. Such contacts may be personal, by telephone, by mail, by electronic means including social media, or by advertisement. A promise, assertion, representation, or statement of fact or opinion made in connection with a time-share marketing activity may be oral, written, electronic, or graphic.

B. No time-share marketing activity shall be deemed an offer unless, by its express terms, it induces, solicits, or encourages a prospective purchaser to (i) execute a contract of sale of the time-share or alternative purchase or (ii) perform some other act that would create or purport to create a legal or equitable interest in the time-share until the board has issued an order of registration.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016.

18VAC48-45-90 Offering of gifts or prizes

A. Any offering that includes a gift or prize shall include the disclosures contained in § 55.1-2218 of the Code of Virginia. Such disclosures shall be made with the same prominence as the offer.

B. The board may at any time require a developer to alter or amend any offering that includes a gift or prize in order to ensure compliance with this section.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 36, Issue 6, eff. December 30, 2019.

Part IV Application for Time-Share Program Registration

18VAC48-45-100 (Repealed.)

18VAC48-45-100. (Repealed.)

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 36, Issue 6, eff. December 30, 2019; repealed, Virginia Register Volume 37, Issue 3, eff. December 1, 2020.

18VAC48-45-110 Prerequisites for registration of a time-share program

The following provisions are prerequisites for registration and are supplementary to the provisions of § 55.1-2239 of the Code of Virginia.

The developer shall own or have the right to acquire an estate in the land constituting or to constitute any time-share project included in the time-share program that is of at least as great a degree and duration as the estate to be conveyed in the time-shares.
The time-share instrument of any time-share project included in the time-share program must be adequate to bring a time-share project and time-share program into existence upon recordation. This subdivision does not apply to a time-share instrument that may be recorded after the time-share project and time-share program have been created.
The current and planned time-share advertising activities of the developer shall comply with § 18.2-216 of the Code of Virginia and this chapter.
If the developer is a firm, it shall be organized as a business entity under the laws of the Commonwealth of Virginia or otherwise authorized to transact business in Virginia. Firms shall register any trade or fictitious names with the State Corporation Commission in accordance with Chapter 5 of Title 59.1 (§ 59.1-69 et seq.) of the Code of Virginia before submitting an application to the board.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 36, Issue 6, eff. December 30, 2019; Volume 36, Issue 17, eff. June 1, 2020; Volume 37, Issue 3, eff. December 1, 2020; Volume 40, Issue 6, eff. January 1, 2024.

18VAC48-45-120 Review of application for registration of a time-share program

A. Upon receipt of an application for registration of a time-share program, the board shall issue the notice of filing required by subsection A of § 55.1-2241 of the Code of Virginia.

B. Upon the review of the application for registration, if the requirements of § 55.1-2239 of the Code of Virginia and this chapter have not been met, the board shall notify the applicant as required by subsection C of § 55.1-2241 of the Code of Virginia.

C. If the requirements for registration are not met within the application review period or a valid extension thereof, the board shall, upon the expiration of such period, enter an order rejecting the registration as required by subsection C of § 55.1-2241 of the Code of Virginia. The order rejecting the registration shall become effective 20 days after issuance.

D. An applicant may submit a written request for an informal conference in accordance with § 2.2-4019 of the Code of Virginia at any time between receipt of a notification pursuant to subsection B of this section and the effective date of the order of rejection entered pursuant to subsection C of this section. A request for such proceeding shall be deemed a consent to delay within the meaning of subsection A of § 55.1-2241 of the Code of Virginia.

E. The board shall receive and act upon corrections to the application for registration at any time prior to the effective date of an order rejecting the registration. If the board determines after review of the corrections that the requirements for registration have not been met, the board may proceed with an informal conference in accordance with § 2.2-4019 of the Code of Virginia in order to allow reconsideration of whether the requirements for registration are met. If the board does not opt to proceed with an informal conference, the applicant may submit a written request for an informal conference in accordance with § 2.2-4019 of the Code of Virginia in order to reconsider whether the requirements for registration are met. If the board does not proceed with an informal conference and no request for an informal conference is received from the applicant, an amended order of rejection stating the factual basis for the rejection shall be issued. A new 20-day period for the order of rejection to become effective shall commence.

F. At such time as the board affirmatively determines that the requirements of § 55.1-2239 of the Code of Virginia have been met, the board shall enter an order registering the time-share program and shall designate the form, content, and effective date of the public offering statement.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 36, Issue 6, eff. December 30, 2019; Volume 37, Issue 3, eff. December 1, 2020.

18VAC48-45-130 Minimum application requirements for registration of a time-share program

A. The documents and information contained in §§ 55.1-2208, 55.1-2209, 55.1-2210, 55.1-2214, 55.1-2217, and 55.1-2239 of the Code of Virginia, as applicable, shall be included in the application for registration of a time-share program.

B. The application for registration of a time-share program shall include the fee specified in 18VAC48-45-70.

C. The following documents shall be included in the application for registration of a time-share program as exhibits. All exhibits shall be labeled as indicated and submitted in a format acceptable to the board.

Exhibit A: A copy of the certificate of incorporation or certificate of authority to transact business in Virginia issued by the Virginia State Corporation Commission, or any other entity formation documents, together with any trade or fictitious name certificate.
Exhibit B: A certificate of recordation or other acceptable documents from the city or county where the time-share is located.
Exhibit C: A copy of the title opinion, the title policy, or a statement of the condition of the title to each time-share project included in the time-share program, including encumbrances as of a specified date within 30 days of the date of application by a title company or licensed attorney who is not a salaried employee, officer, or director of the developer or owner, in accordance with subdivision A 5 of § 55.1-2239 of the Code of Virginia. If the developer is not the record owner of the land, a copy of any contract the developer has executed to purchase the land, any option the developer holds for the purchase of the land, or any lease under which the developer holds the land.
Exhibit D: Proof that the applicant or developer owns or has the right to acquire an estate in the land constituting or to constitute each time-share project included in the time-share program, which is of at least as great a degree and duration as the estate to be conveyed in the time-share.
Exhibit E: A statement of the zoning, subdivision, or land use obligations or proffers and other governmental regulations affecting the use of each time-share project included in the time-share program, including the site plans and building permits and their status, any existing tax, and existing or proposed special taxes or assessments that affect the time-share.
Exhibit F: A copy of the time-share instrument, including all applicable amendments and exhibits, that will be delivered to a purchaser and copies of the contracts and other agreements that a purchaser will be required to agree to or sign.
Exhibit G: A narrative description of the promotional plan for the disposition of the time-shares.
Exhibit H: A copy of the proposed public offering statement that complies with § 55.1-2217 of the Code of Virginia and this chapter. Pursuant to subsection H of § 55.1-2217, a similar disclosure statement required by other situs laws governing time-sharing may be submitted for a time-share located outside of the Commonwealth.
Exhibit I: A copy of the buyer's acknowledgment. Pursuant to § 55.1-2226 of the Code of Virginia, the purchaser shall be given this document prior to signing a purchase contract, and the document shall contain the information required by subsection B of § 55.1-2226.
Exhibit J: The signed original of (i) any bond or letter of credit obtained pursuant to § 55.1-2220 of the Code of Virginia in lieu of escrowing deposits and (ii) any bond or letter of credit required by subsection B of § 55.1-2234 of the Code of Virginia, as applicable.
Exhibit K: A copy of any management agreements and other contracts or agreements affecting the overall use, maintenance, management, or access of all or any part of the time-share program.
Exhibit L: A list with the names of every officer, manager, owner, or principal, as applicable to the type of firm under which the developer is organized to do business, of the developer or persons occupying a similar status within or performing similar functions for the developer. The list must include each individual's residential address or other address valid for receipt of service, principal occupation for the past five years, and title.
Exhibit M: A statement whether any of the individuals or entities named in Exhibit L are or have been involved as defendants in any indictment, conviction, judgment, decree, or order of any court or administrative agency against the developer or managing entity for violation of a federal, state, local, or foreign country law or regulation in connection with activities relating to time-share sales, land sales, land investments, security sales, construction or sale of homes or improvements, or any similar or related activity.
Exhibit N: A statement whether, during the preceding five years, any of the individuals or entities named in Exhibit L have been adjudicated bankrupt or have undergone any proceeding for the relief of debtors.
Exhibit O: If the developer has reserved the right to add to or delete from the time-share program any incidental benefit, a description of the incidental benefit shall be provided pursuant to subdivision A 13 of § 55.1-2239 of the Code of Virginia.
Exhibit P: For any time-share program containing a conversion time-share project, a copy of the notice required by subsection D of § 55.1-2217 of the Code of Virginia and a certified statement that such notice shall be mailed or delivered to each of the tenants in the building of each conversion time-share project included in the time-share program.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 35, Issue 6, eff. December 14, 2018; Volume 36, Issue 6, eff. December 30, 2019; Volume 37, Issue 3, eff. December 1, 2020; Volume 40, Issue 6, eff. January 1, 2024.

Part V Public Offering Statement

18VAC48-45-140 Public offering statement requirements, generally

In addition to the provisions of § 55.1-2217 of the Code of Virginia, the following will be considered, as applicable, during review of the public offering statement:

The public offering statement shall provide full and accurate disclosure in accordance with 18VAC48-45-150.
The public offering statement shall pertain to the time-share program in which the time-shares are offered .
The public offering statement shall be clear, organized, and legible.
Except for brief excerpts, the public offering statement may refer to, but should not incorporate verbatim, portions of the time-share instruments, the Virginia Real Estate Time-Share Act, or this chapter. This does not preclude compliance with 18VAC48-45-170.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 36, Issue 6, eff. December 30, 2019; Volume 37, Issue 3, eff. December 1, 2020.

18VAC48-45-150 Full and accurate disclosure

A. The provisions of § 55.1-2217 of the Code of Virginia and this chapter shall be strictly construed to promote full and accurate disclosure in the public offering statement. In addition, the following will be considered, as applicable, during review to assure full and accurate disclosure:

The information shall be presented in a manner that is clear and understandable to a reasonably informed consumer, while maintaining consistency with the requirements of this chapter and the Virginia Real Estate Time-Share Act.
No information shall be incorporated by reference to an outside source that is not reasonably available to a prospective purchaser.
If required information is not known or not reasonably available, such fact shall be stated and explained in the public offering statement.

B. The board has the sole discretion to require additional information or amendment of existing information as it finds necessary to ensure full and accurate disclosure.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 36, Issue 6, eff. December 30, 2019.

18VAC48-45-160 Contents of public offering statement

A. A cover, if used, must be blank or bear identification information only.

B. The developer may include as part of the public offering statement a receipt page printed in such a way that the developer may obtain verification that a prospective purchaser has received the public offering statement. The receipt page shall include the effective date of the public offering statement as well as a place for the date of delivery and signature lines for the prospective purchaser. The authorized receipt page in proper form, duly executed, shall be evidence that the public offering statement was delivered.

C. The first page of the public offering statement shall be substantially as follows:

PURCHASER SHOULD READ THIS DOCUMENT FOR THE PURCHASER'S PROTECTION

| PUBLIC OFFERING STATEMENT | | | --- | --- | | NAME OF TIME-SHARE PROGRAM: | ____________________________________________________________ | | LOCATION OF TIME-SHARE PROJECT: | ____________________________________________________________ | | NAME OF DEVELOPER: | ____________________________________________________________ | | ADDRESS OF DEVELOPER: | ____________________________________________________________ | | EFFECTIVE DATE OF PUBLIC OFFERING STATEMENT: | ____________________________________________________________ | | REVISED: | ____________________________________________________________ |

THE PURCHASER OF A TIME-SHARE MAY CANCEL THE CONTRACT UNTIL MIDNIGHT OF THE SEVENTH CALENDAR DAY FOLLOWING THE EXECUTION OF SUCH CONTRACT. THE PURCHASER SHOULD READ THIS DOCUMENT FOR THE PURCHASER'S OWN PROTECTION.

Purchasing a time-share carries with it certain rights, responsibilities, and benefits, including certain financial obligations, rights, and restrictions concerning the use and maintenance of units and common elements. The purchaser will be bound by the provisions of the time-share instruments and should review the Public Offering Statement, the time-share instruments, and other exhibits carefully prior to purchase.

This Public Offering Statement presents information regarding time-share(s) being offered for sale by the developer. The Virginia Real Estate Time-Share Act (§ 55.1-2200 et seq. of the Code of Virginia) requires that a Public Offering Statement be given to every Purchaser in order to provide full and accurate disclosure of the characteristics of and material circumstances affecting the time-share program and the characteristics of the time-share(s) being offered. The Public Offering Statement is not intended, however, to be all-inclusive. The Purchaser should consult other sources for details not covered by the Public Offering Statement.

The Public Offering Statement summarizes information and documents furnished by the developer to the Virginia Common Interest Community Board. The Board has carefully reviewed the Public Offering Statement but does not guarantee the accuracy or completeness of the Public Offering Statement. In the event of any inconsistency between the Public Offering Statement and the material it is intended to summarize, the material shall control.

If the Purchaser elects to cancel the contract within the seven-day cancellation period, all payments made in connection with the purchase contract shall be refunded to the Purchaser within 45 days. If the Purchaser elects to cancel the contract, the Purchaser shall do so either by (i) hand-delivering the notice to the developer at its principal office or at the project or (ii) mailing the notice by certified United States mail, return receipt requested, to the developer or its agent designated in the contract.

Allegations of violation of any law or regulation contained in the Virginia Real Estate Time-Share Act or the Time-Share Regulations (18VAC48-45) should be reported to the Common Interest Community Board, Perimeter Center, Suite 400, 9960 Mayland Drive, Richmond, Virginia 23233.

D. A summary of important considerations shall immediately follow the first page for the purpose of reinforcing the disclosure of significant information. The summary shall be titled as such and shall be introduced by the following statement: "The following are important matters to be considered in acquiring a time-share. They are highlights only. The Public Offering Statement should be examined in its entirety to obtain detailed information." Appropriate modifications shall be made to reflect facts and circumstances that may vary. The summary shall consist of, but not be limited to, the following, as applicable:

A brief description of the time-share program and any time-share project included in the time-share program.
A statement regarding all incidental benefits or alternative purchases that may be offered by the developer.
A brief description of all amenities located within or outside of any time-share project included in the time-share program and available to time-share owners by virtue of ownership in the time-share program. If such amenities are not common elements of the time-share project, identify who owns the amenities and whether time-share owners are required to pay to access and use.
A statement describing any exchange program that may be offered to the purchaser.
A statement describing (i) the purchaser's responsibility to make principal and interest payment in connection with the purchase of the time-share as well as to pay maintenance fees or assessments, special assessments, user fees, insurance premiums, and real estate taxes and (ii) that a time-share owner cannot reduce the amount of any owner obligation for any reason.
A statement regarding the consequences for failure to pay maintenance fees or any special assessment when due. The statement may reference the enforcement mechanisms available to the developer, and if applicable the association, by describing (i) any declaration of an owner being an "Owner Not in Good Standing"; (ii) any civil action taken for the collection of a debt; (iii) means for pursuing foreclosure or obtaining a lien against the time-share unit; and (iv) denial of access to the time-share project and participation in the time-share program.
A statement indicating whether the developer or managing agent has indictments, convictions, judgments, decrees, or order of any court or administrative agency for matters related to fraud or consumer protection violations that may be required to be disclosed by subdivisions A 1 c and A 1 d of § 55.1-2217 of the Code of Virginia.
A statement indicating the period of time the developer will retain control of the association.
A statement disclosing any management agreement with a managing agent to perform certain duties for any time-share project included in the time-share program.
A statement indicating whether the developer may expand the time-share program.
A statement indicating whether the right of the time-share owner to resell or transfer the time-share is subject to restrictions.
A statement indicating the time-share units are restricted to lodging only.
A statement indicating that the time-share owner may not alter the interior or exterior of the time-share unit.
A statement regarding the obligation of the developer or association to obtain certain insurance benefiting the time-share owner.
A statement regarding a time-share estate and time-share owner's obligation to pay real estate taxes.

E. The content after the summary of important considerations shall include the narrative sections in 18VAC48-45-170 through 18VAC48-45-310. Supplementary sections may be included as necessary.

F. Clear and legible copies of the following documents shall be included as either supplements or exhibits to the public offering statement:

Time-share instrument;
Association articles of incorporation;
Bylaws;
Association annual report or projected budget for time-share estate programs;
Rules and regulations of the association, if available;
Any management contract, if applicable;
Exchange program disclosure document and narrative statement required pursuant to subsection B of § 55.1-2217 of the Code of Virginia, if applicable; and
Other documents obligating the association or time-share owner to perform duties or obligations or pay charges or fees, if applicable.

G. Other information and documentation may be included as necessary to ensure full and accurate disclosure. The board may also require additional information as necessary to ensure full and accurate disclosure.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 36, Issue 6, eff. December 30, 2019; Volume 37, Issue 3, eff. December 1, 2020; Volume 40, Issue 6, eff. January 1, 2024.

18VAC48-45-170 Narrative sections; time-share concept

The public offering statement shall contain a section captioned "The Time-Share Concept." The section shall consist of a brief discussion of the form of time-share ownership being offered.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016.

18VAC48-45-180 Narrative sections; creation of time-share program

The public offering statement shall contain a section captioned "Creation of the Time-Share Program." The section shall briefly explain the manner in which the time-share program was or will be created, the locality wherein the time-share instrument will be or has been recorded, and the procedure for its amendment.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 37, Issue 3, eff. December 1, 2020.

18VAC48-45-190 Narrative sections; description of time-share project

A. The public offering statement shall contain a section captioned "Description of the Time-Share Project." The section shall provide a general description of any time-share project included in the time-share program and the units and common elements promised available to purchasers. This section shall also provide the developer's estimated schedule of commencement and completion of all promised and incomplete units and common elements.

B. The section shall state whether the developer has reserved the right to add and delete from the time-share program a time-share project or any incidental benefit.

C. The section shall refer the purchaser to the reverter deed for an explanation if the developer utilized the possibility of a reverter.

D. The section shall indicate all provisions that have been made for public utilities in the time-share project, including water, electricity, telephone, and sewerage facilities.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 37, Issue 3, eff. December 1, 2020; Volume 40, Issue 6, eff. January 1, 2024.

18VAC48-45-200 Narrative sections; individual time-shares

A. The public offering statement shall contain a section captioned "Individual Time-Shares." The section shall indicate (i) the form of time-share ownership being offered; (ii) the types, duration, and number of units and time-shares in the time-share program; (iii) identification of units that are subject to the time-share program; and (iv) the estimated number of units that may become subject to the time-share program.

B. This section shall explain the extent to which financial arrangements, if any, have been provided for completion of any incomplete but promised time-share unit or common element being offered for sale. The section shall contain a statement of the developer's obligation to complete any promised time-share unit or common element being offered for sale comprising the time-share project that have not begun or begun but not yet completed.

C. The section shall explain the extent to which a time-share unit may become subject to a tax or other lien arising out of claims against other owners of the same unit.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 37, Issue 3, eff. December 1, 2020.

18VAC48-45-210 Narrative sections; developer

The public offering statement shall contain a section captioned "The Developer." The section shall disclose the following information concerning the developer:

The name and principal address of the developer.
The name, principal occupation, and address of every director, partner, limited liability company manager, or trustee of the developer.
The name and address of each person owning or controlling an interest of at least 20% in each time-share project included in the registration.
The particulars of any indictment, conviction, judgment, decree, or order of any court or administrative agency against the developer or managing entity for violation of a federal, state, local, or foreign country law or regulation in connection with activities relating to time-share sales, land sales, land investments, security sales, construction or sale of homes or improvements, or any similar or related activity.
The nature of each unsatisfied judgment, if any, against the developer or the managing entity; the status of each pending suit involving the sale or management of real estate to which the developer, the managing entity, or any general partner, executive officer, director, limited liability company manager, or majority stockholder thereof, is a defending party; and the status of each pending suit, if any, of significance to any time-share project included in the registration.
The name and address of the developer's agent for service of any notice permitted by this chapter.
The section shall describe the type of legal entity of the developer and explain if other entities have any obligation to satisfy the financial obligations of the developer.
For a time-share use program, a statement as to whether a developer's net worth is more than or less than $250,000. If the developer's net worth is less than $250,000, a current audited balance sheet shall be provided with the public offering statement. If the developer's net worth exceeds $250,000, a statement by the developer that its equity in the time-share program exceeds $250,000.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 37, Issue 3, eff. December 1, 2020.

18VAC48-45-220 Narrative sections; terms of offering

A. The public offering statement shall contain a section captioned "Terms of the Offering." The section shall discuss the expenses to be borne by a purchaser in acquiring a time-share and present information regarding the settlement of purchase contracts as provided in subsections B through H of this section.

B. The section shall indicate any initial or special fees due from the purchaser at settlement including a description of the purpose of such fees.

C. The section shall set forth a general description of any financing offered by or available through the developer to purchasers.

D. The section shall describe (i) services that the developer provides or expenses it pays and that it expects may become at any subsequent time a time-share expense of the owners and (ii) the projected time-share expense liability attributable to each of those services or expenses for each time-share.

E. The section shall discuss all penalties or forfeitures to be incurred by a purchaser upon default in performance of a purchase contract.

F. The section shall discuss the process for cancellation of a purchase contract by a purchaser in accordance with § 55.1-2221 of the Code of Virginia. The section shall include a statement that the purchaser has a nonwaivable right of cancellation and refer such purchaser to that portion of the contract in which the right of cancellation may be found.

G. The section shall describe the terms of the deposit escrow requirements, including a statement, if applicable, that the developer has filed a surety bond or letter of credit with the board in lieu of escrowing deposits, in accordance with § 55.1-2220 of the Code of Virginia. The section shall also state that deposits received by the developer may be removed from escrow or are no longer protected by a surety bond or letter of credit after the expiration of the cancellation period.

H. The section shall set forth all restrictions in the purchase contract that limit the time-share owner's right to bring legal action against the developer or the association. The section shall set forth the paragraph or section and page number of the purchase contract where such provision is located. Nothing in this statement shall be deemed to authorize such limits where those limits are otherwise prohibited by law.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 35, Issue 6, eff. December 14, 2018; Volume 36, Issue 6, eff. December 30, 2019; Volume 37, Issue 3, eff. December 1, 2020.

18VAC48-45-230 Narrative sections; encumbrances

The public offering statement shall contain a section captioned "Encumbrances" that shall describe all liens, defects, or encumbrances affecting the time-share project and in particular the time-share offered to the purchaser.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016.

18VAC48-45-240 Narrative sections; exchange program

If any prospective purchaser is offered the opportunity to subscribe to or participate in any exchange program, the public offering statement shall contain a section captioned "Exchange Program" that shall include the following:

A statement of whether membership or participation in the exchange program is voluntary or mandatory; and
A statement that the purchaser's contract with the exchange company is a contract separate and distinct from the purchaser's contract with the developer and whether there is a fee associated with membership or participation in the exchange program.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 37, Issue 3, eff. December 1, 2020.

18VAC48-45-250 Narrative sections; financial matters

A. The public offering statement shall contain a section captioned "Financial Matters." The section shall discuss the expenses incident to the ownership of a time-share.

B. The section shall distinguish, in general terms, the following categories of costs of operation, maintenance, repair, and replacement of various portions of the time-share as follows: (i) time-share expenses; (ii) time-share estate occupancy expenses as defined in § 55.1-2200 of the Code of Virginia; and (iii) all other costs that may be borne directly by individual time-share owners.

C. A budget shall show projected common expenses in each of the categories in subsection B of this section for the first year of the time-share program's operation or, if different, the latest year for which a budget is available. The projected budget shall be attached to the public offering statement as an exhibit and the section shall direct the purchaser's attention to such exhibit. The section shall describe the manner in which the projected budget is established. If the time-share is phased, the budget shall project future years until all phases are projected to be developed and all common elements that must be built have been completed. The budget shall include an initial working capital budget showing sources and uses of initial working capital and a reserve table showing amounts to be collected to fund those reserves. The budget shall show regular individual assessments by unit type. The budget shall note that the figures are not guaranteed and may vary.

D. The section shall describe the manner in which (i) time-share expenses; (ii) time-share estate occupancy expenses as defined in § 55.1-2200 of the Code of Virginia; and (iii) all other costs that may be borne directly by individual time-share owners are apportioned among and assessed to the time-share units. The section shall include the substance of the following statement, if applicable: "A time-share owner cannot obtain a reduction of the (i) time-share expenses; (ii) time-share estate occupancy expenses as defined in § 55.1-2200 of the Code of Virginia; and (iii) any other costs that may be borne directly by individual time-share owners assessed against the unit by refraining from use of any of the common elements."

E. The section shall describe budget provisions for reserves for capital expenditures, if any. If there are no reserves, the section shall so state.

F. The section shall discuss (i) time-share expenses; (ii) time-share estate occupancy expenses as defined in § 55.1-2200 of the Code of Virginia; (iii) all other costs that may be borne directly by individual time-share owners; and (iv) any right the developer or association has to institute special assessments.

G. The section shall indicate any fee, rental, or other charge to be payable by unit owners other than through assessments and maintenance fees to any party for use of the common elements or for use of recreational or parking facilities in the vicinity of the time-share project.

H. The section shall discuss the effect of failure of a time-share owner to pay the assessments and maintenance fees levied against the time-share unit. Such discussion shall indicate provisions for charges or other remedies that may be imposed to be applied in the case of unpaid and past due assessments and for acceleration of unpaid assessments.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 36, Issue 6, eff. December 30, 2019; Volume 37, Issue 3, eff. December 1, 2020.

18VAC48-45-255 Narrative sections; governmental reviews

The public offering statement shall contain a section captioned "Governmental Reviews." The section shall discuss governmental approvals required for the development of each time-share project included in the time-share program. In addition, the section shall discuss approval of the zoning application and site plan and issuance of building permits by appropriate governmental authorities. The section shall state the current zoning classification for each time-share project property included in the time-share program. The section shall also include a statement regarding zoning, subdivision, or land use obligations or proffers that would be imposed on the time-share owner or the association, but need not disclose zoning, subdivision, or land use obligations or proffers that do not impose any obligation on the association.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 37, Issue 3, eff. December 1, 2020.

18VAC48-45-260 Narrative sections; restrictions on transfer

The public offering statement shall include a section captioned "Restrictions on Transfer." The section shall describe and explain limitations on leasing or other restraints on free alienability created by the time-share instrument or the rules and regulations of the association that affect a time-share owner's right to resell, lease, or otherwise transfer an interest in the time-share.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 37, Issue 3, eff. December 1, 2020.

18VAC48-45-270 Narrative sections; time-share owners' association

A. For time-share estate programs the public offering statement shall contain a section captioned "Time-Share Owners' Association." The section shall discuss the arrangements for the management and operation of the time-share estate program and for the maintenance, repair, and furnishing of units and shall include the information required by subdivisions 1 through 15 of this subsection. The section shall describe or discuss the following:

The creation of the association.
The payment of costs and expenses of operating the time-share estate program and owning and maintaining the time-share units.
Employment and termination of employment of the managing agent for each time-share estate project included in the time-share program.
Termination of leases and contracts for goods and services for each time-share estate project included in the time-share program that were entered into during the developer control period.
Preparation and dissemination of the annual report required by § 55.1-2213 of the Code of Virginia to the time-share estate owners.
Adoption of standards and rules of conduct for the use, enjoyment, and occupancy of units by the time-share estate owners.
Collection of regular assessments, fees or dues, and special assessments from time-share estate owners to defray all time-share expenses.
Comprehensive general liability insurance for death, bodily injury, and property damage arising out of or in connection with the use and enjoyment of any time-share project included in the time-share program by time-share estate owners, their guests, and other users. The cost for such insurance shall be a time-share expense.
Methods for providing compensation or alternate use periods or monetary compensation to a time-share estate owner if his contracted-for unit cannot be made available for the period to which the owner is entitled by schedule or by confirmed reservation.
Procedures for imposing a monetary penalty or suspension of a time-share estate owner's rights and privileges in the time-share estate program or any time-share project included in the time-share program for failure to comply with provisions of the time-share instrument or the rules and regulations of the association with respect to the use and enjoyment of the units and the time-share project. Under these procedures a time-share estate owner must be given reasonable notice and reasonable opportunity to be heard and explain the charges against him in person or in writing to the board of directors of the association before a decision to impose discipline is rendered.
Employment of attorneys, accountants, and other professional persons as necessary to assist in the management of the time-share estate program and any time-share project included in the time-share program.
Developer control period, during which time period the developer, or a managing agent selected by the developer, shall manage and control any time-share estate project included in the time-share program and the common elements and units, including decisions about the financial operation of the association.
The managing agent, if any, shall be identified, and the section shall indicate any relationship between the managing agent and the developer. The duration of any management agreement shall be stated.
Except to the extent otherwise disclosed in connection with discussion of a management agreement, the significant terms of any lease of recreational areas or similar contract or agreement affecting the use, maintenance, or access of all or any part of any time-share project included in the time-share program shall be stated. The section shall include a brief narrative statement of the effect of each such agreement upon a purchaser.
Rules and regulations of the association shall be discussed. The purchaser's attention shall be directed to the copy of rules and regulations, if any, attached to the public offering statement.

B. For time-share use programs, if an association is formed for management and operation of the time-share use program and for the maintenance, repair, and furnishing of time-share use units comprising the time-share, the public offering statement shall contain a section captioned "Time-Share Owners' Association." This section shall contain the information required by subdivisions A 1 through 15 of this section as applicable to the association for the time-share use program.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 36, Issue 6, eff. December 30, 2019; Volume 37, Issue 3, eff. December 1, 2020.

18VAC48-45-280 Narrative sections; managing entity

The public offering statement shall include a section captioned "Managing Entity." This section shall provide the name and address of the managing entity for each time-share project included in the time-share program. The section shall also provide a description of the facilities, if any, provided by the developer to the association in a time-share estate program for the management of the program.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 37, Issue 3, eff. December 1, 2020.

18VAC48-45-290 Narrative sections; conversion time-share projects

A. The public offering statement of a conversion time-share project shall contain a section captioned "Conversion Time-Share Projects." The section shall include the following:

A specific statement of the amount of any initial or special fee, if any, due from the purchaser of a time-share on or before settlement of the purchase contract and the basis of such fee occasioned by the fact that the project is a conversion time-share project.
Information on the actual expenditures, if available, made on all repairs, maintenance, operation, or upkeep of the building within the last three years. This information shall be set forth in a tabular manner within the proposed budget. If such building has not been occupied for a period of three years, then the information shall be set forth for the period during which such building was occupied.
A description of any provisions made in the budget for reserves for capital expenditures and an explanation of the basis for such reserves occasioned by the fact that the project is a conversion time-share project, or, if no provision is made for such reserves, a statement to that effect.
A statement of the present condition of all structural components and major utility installations in the building, which statement shall include the approximate dates of construction, installations, and major repairs as well as the expected useful life of each such item, together with the estimated cost, in current dollars, of replacing each such component.

B. In lieu of a narrative section pursuant to this section, the requirements of this section may be satisfied in the form of an exhibit to the public offering statement.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 37, Issue 3, eff. December 1, 2020.

18VAC48-45-300 Narrative sections; insurance

The public offering statement shall contain a section captioned "Insurance." The section shall describe generally the insurance coverage provided by the developer or the association for the benefit of time-share owners not otherwise described in the public offering statement. The section shall state, with respect to such insurance, each of the following circumstances, to the extent applicable: (i) property damage coverage will not insure personal property belonging to unit owner; and (ii) liability coverage will not insure against liability arising from an accident or injury occurring within a unit or as a result of the act or negligence of a time-share owner. The section shall include a statement whether the time-share owner is obligated to obtain coverage for any or all of the coverages described. The section shall include a statement indicating that the time-share owner should consult with an insurance professional to determine appropriate coverage.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016.

18VAC48-45-310 Narrative sections; alternative purchase and incidental benefit

The public offering statement shall contain a section entitled "Alternative Purchases and Incidental Benefits." The section shall state whether or not the developer has reserved the right to add to or delete from the time-share program any incidental benefit. The section must state whether the developer will offer any alternative purchase. The section shall state that such alternative purchase has been or will be registered with the board.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 40, Issue 6, eff. January 1, 2024.

18VAC48-45-320 Documents from other jurisdictions

A. A substituted public offering statement shall only be permitted for a time-share program for which some portion of the time-share project associated with the program is located outside of Virginia.

B. The substituted public offering statement shall be prepared by deleting from the original disclosure document the following: (i) references to any governmental agency of another jurisdiction to which application has been made or will be made for registration or related action; (ii) references to the action of such governmental agency relative to the time-share project and its time-share program; (iii) statements of the legal effect in another jurisdiction of delivery, failure to deliver, acknowledgment of receipt, or related events involving the disclosure document; (iv) the effective date in another jurisdiction of the disclosure document; and (v) all other information that is untrue, inaccurate, or misleading with respect to marketing, offers, or disposition of time-shares in Virginia.

C. The substituted public offering statement shall incorporate all information not otherwise included that is necessary to effect fully and accurately the disclosures required by § 55.1-2217 of the Code of Virginia. The substituted disclosure document shall clearly explain any nomenclature that is different from the definitions provided in § 55.1-2200 of the Code of Virginia.

D. The substituted public offering statement shall include as the first item of the summary of important considerations a statement that includes the following information: (i) the designation by which the original disclosure document is identified in the original jurisdiction; (ii) the governmental agency of such other jurisdiction where the original disclosure document is or will be filed; and (iii) the jurisdiction of such filing.

E. The provisions of §§ 55.1-2217 and 55.1-2221 of the Code of Virginia and 18VAC48-45-140, 18VAC48-45-150, and 18VAC48-45-160 shall apply to substituted public offering statements in the same manner and to the same extent that they apply to public offering statements.

F. In the case of a time-share project located outside of the Commonwealth, pursuant to subsection H of § 55.1-2217 of the Code of Virginia, similar disclosure statements required by other situs laws governing time-sharing that are equivalent to the requirements of this chapter may be accepted by the board as alternative disclosure statements to satisfy the requirements of this chapter.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 36, Issue 6, eff. December 30, 2019; Volume 37, Issue 3, eff. December 1, 2020.

Part VI Time-Share Program Post-Registration Provisions

18VAC48-45-330 Minimum post-registration reporting requirements for a time-share program

A. Subsequent to the issuance of a registration for a time-share program by the board, the developer shall do the following:

File an annual report in accordance with § 55.1-2242 of the Code of Virginia and this chapter.
Upon the occurrence of a material change, file an amended public offering statement in accordance with the provisions of subsection E of § 55.1-2217 and subsection C of § 55.1-2242 of the Code of Virginia and this chapter. These amendments shall be filed with the board within 20 business days after the occurrence of the material change.
In accordance with subsection G of § 55.1-2217, amend the public offering statement to reflect any addition of a time-share project to, or removal of a time-share project from, the existing time-share program.
Upon the occurrence of any material change in the information contained in the registration file, the developer shall immediately report such material changes to the board in accordance with the provisions of subsection B of § 55.1-2239 of the Code of Virginia.
Notify the board of a change in any bond or letter of credit, as applicable, filed with the board in accordance with § 55.1-2220 of the Code of Virginia or required by subsection B of § 55.1-2234 of the Code of Virginia.
File a completed application for registration of an unregistered phase upon the expansion of the time-share program, along with the appropriate fee specified in 18VAC48-45-70.
Notify the board of transition of control from the developer to the time-share estate owners' association (time-share estate projects only).
Submit appropriate documentation to the board once the registration is eligible for termination.
Submit to the board any other document or information, which may include information or documents that have been amended or may not have existed previously, that affects the accuracy, completeness, or representation of any information or document filed with the application for registration.
Submit to the board any document or information to make the registration file accurate and complete.

B. Notwithstanding the requirements of subsection A of this section, the board at any time may require a developer to provide information or documents, or amendments thereof, in order to assure full and accurate disclosure to prospective purchasers and to ensure compliance with the Virginia Real Estate Time-Share Act and this chapter.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 35, Issue 6, eff. December 14, 2018; Volume 36, Issue 6, eff. December 30, 2019; Volume 37, Issue 3, eff. December 1, 2020.

18VAC48-45-340 Amendment of public offering statement

Any amendment of the public offering statement or substituted public offering statement shall comply with this chapter.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016.

18VAC48-45-350 Nonmaterial changes to the public offering statement

Changes to the public offering statement that are not material are not required to be filed with the board, shall not be deemed an amendment of the public offering statement for the purposes of this chapter, and shall not give rise to a renewed right of rescission in any purchase. Nonmaterial changes to the public offering statement include the following:

Correction of spelling, grammar, omission, or other similar errors not affecting the substance of the public offering statement;
Changes in presentation or format;
Substitution of an executed, filed, or recorded copy of a document for the otherwise substantially identical unexecuted, unfiled, or unrecorded copy of the document that was previously submitted;
Inclusion of updated information such as identification or description of the current officers and directors of the developer;
Disclosure of completion of improvements for improvements that were previously proposed or not complete;
Changes in real estate tax assessment or rate or modifications related to those changes;
Changes in utility charges or rates or modifications related to those changes;
Addition or deletion of incidental benefits provided the developer reserved in the time-share instrument the right to add or delete incidental benefits;
Adoption of a new budget that does not result in a significant change in fees or assessments or significantly impact the rights or obligations of the prospective purchasers;
Modifications related to changes in insurance company or financial institution, policy, or amount for bonds or letters of credit filed with the board in accordance with § 55.1-2220 of the Code of Virginia or required pursuant to § 55.1-2234 of the Code of Virginia;
Changes in personnel of the managing agent; and
Any change that is the result of orderly development of the time-share in accordance with the time-share instruments as described in the public offering statement.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 35, Issue 6, eff. December 14, 2018; Volume 36, Issue 6, eff. December 30, 2019; Volume 40, Issue 6, eff. January 1, 2024.

18VAC48-45-360 Filing of amended public offering statement

A. The developer shall promptly file with the board for review a copy of the amended public offering statement together with a copy of a summary of proposed amendments that shall be distributed to purchasers during the board review period. The summary of proposed amendments shall enumerate the amendments to the public offering statement submitted for board review and include a statement that the amendments to the public offering statement have been filed with the board but have not yet been accepted. The form of the submission is at the discretion of the developer provided that (i) all amendments are clearly represented in the documentation presented; (ii) the additions and deletions of text in the public offering statement and exhibits shall be identified by underlining and striking through text to be added and deleted; and (iii) documents being added to or deleted from the contents of the public offering statement shall be clearly and accurately reflected in the table of contents utilizing underlines and strike-throughs for additions and deletions. In addition to the copies showing edits to the text, a clean copy of all new and amended documents shall be provided.

B. The amended public offering statement submitted to the board for review shall include the effective date of the amendments.

C. Within 30 days of receipt of the amended public offering statement, the board shall review the amended public offering statement and supporting materials to determine whether the amendment complies with this chapter. If the board's review determines that the amended public offering statement complies with this chapter, it shall notify the developer in writing and confirm the new effective date of the public offering statement.

D. If the board's review determines that the amended public offering statement does not comply with this chapter, the board shall immediately notify the developer in writing that the review has determined the amended public offering statement is not in compliance and shall specify the particulars of such noncompliance. The developer shall then have 20 days in which to correct the particulars of noncompliance identified by the board. The developer may, prior to the completion of the 20-day correction period, request an extension in writing of the 20-day correction period. Upon expiration of the 20-day correction period, if requested corrections have not been made or a request for extension properly received, the board may issue a temporary cease and desist order in accordance with subdivision D 2 of § 55.1-2247 of the Code of Virginia to require the cessation of sales until such time as affirmative action as directed by the board is taken. Use of the noncompliant public offering statement may result in further action by the board pursuant to §§ 55.1-2247 and 55.1-2252 of the Code of Virginia.

E. Notwithstanding an extension of the 30-day period for review agreed to in writing by the board and developer, if the board does not perform the required review of the public offering statement in accordance with subsection C of this section, the amendment shall be deemed to comply with 18VAC48-45-150 through 18VAC48-45-310, and the new effective date shall be the effective date of the amendment provided pursuant to subsection B of this section.

F. In each case in which an amended document is filed pursuant to this section and the manner of its amendment is not apparent on the face of the document, the developer shall provide an indication of the manner and extent of amendment.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 36, Issue 6, eff. December 30, 2019; Volume 36, Issue 17, eff. June 1, 2020.

18VAC48-45-370 Current public offering statement

A. Upon issuance of an effective date by the board, all purchasers who received a public offering statement and summary of proposed amendments during the board review period pursuant to subsection A of 18VAC48-45-360 shall be provided with the public offering statement as accepted by the board. A public offering statement remains current until such time as the occurrence of a material change requires amendment of the public offering statement pursuant to this chapter and a new effective date is issued by the board.

B. Upon issuance of an effective date by the board, a public offering statement remains current until such time as a new effective date is established pursuant to this chapter.

C. Notwithstanding the board's authority to issue a cease and desist order pursuant to § 55.1-2247 of the Code of Virginia, the filing of an amended public offering statement shall not require the developer to cease sales provided that the developer provides to purchasers the summary of proposed amendments pursuant to subsection A of 18VAC48-45-360 pending the issuance of a new effective date by the board.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 36, Issue 6, eff. December 30, 2019.

18VAC48-45-380 Public offering statement not current; notification of purchasers

A. A purchaser who has been delivered a public offering statement that is not current due to a material change and was not provided with the summary of proposed amendments containing the proposed changes to the amended public offering statement pursuant to subsection A of 18VAC48-45-360 pending the issuance of a new effective date by the board shall be notified of such fact by the developer.

B. A purchaser who has been delivered a public offering statement and summary of proposed amendments pursuant to subsection A of 18VAC48-45-360, but the amended public offering statement is determined to be noncompliant in accordance with subsection D of 18VAC48-45-360, shall be notified of such fact by the developer.

The notification shall indicate that any contract for disposition of a time-share may be canceled by the purchaser pursuant to subsection C of § 55.1-2221 of the Code of Virginia.
The developer shall file a copy of the notification with the board and provide proof that such notification has been delivered to all purchasers under contract.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 36, Issue 6, eff. December 30, 2019.

18VAC48-45-390 Filing of phase amendment application

A. A phase amendment application for a time-share program shall be filed when adding a phase to the time-share program. Such phase amendment application shall be accompanied by the fee provided for in 18VAC48-45-70 and shall be subject to all of the provisions of 18VAC48-45-50, 18VAC48-45-110, 18VAC48-45-120, and 18VAC48-45-130. Documents on file with the board that have not changed in connection with the additional phase or phases need not be refiled, provided that the phase amendment application indicates that such documents are unchanged.

B. The application shall include a bond or letter of credit required pursuant to subsection B of § 55.1-2234 of the Code of Virginia if any of the time-share units and common elements contained in the submitted additional phase or phases have not been completed.

C. The board shall review the phase amendment application and supporting materials to determine whether the amendment complies with this chapter. If the board's review determines the phase amendment application complies with this chapter, it shall issue an amended order of registration for the time-share program and shall provide that previous orders and designations of the form, content, and effective date of the public offering statement are superseded. If the board's review determines that the phase amendment application is not complete, the board shall correspond with the developer to specify the particulars that must be completed to obtain compliance with this chapter.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 36, Issue 6, eff. December 30, 2019; Volume 37, Issue 3, eff. December 1, 2020.

18VAC48-45-400 Annual report for a time-share program registration required by developer

A. A developer shall file an annual report for a time-share program registration on a form provided by the board to update the material contained in the registration file by June 30 of each year the registration is effective and shall be accompanied by the fee specified in 18VAC48-45-70. Prior to filing the annual report required by § 55.1-2242 of the Code of Virginia, the developer shall review the public offering statement then being delivered to purchasers. If such public offering statement is current, the developer shall so certify in the annual report. If such public offering statement is not current, the developer shall amend the public offering statement and the annual report shall, in that event, include a filing in accordance with 18VAC48-45-360.

B. The annual report shall contain the following:

Current contact information for the developer;
Information concerning the current status of each time-share project included in the time-share program;
Information concerning the current status of the time-share program, including (i) the type of time-shares being offered and sold; (ii) the total number of time-share interests available in the program; (iii) the total number of time-share interests sold; and (iv) information regarding any incomplete units and common elements;
If the program is a time-share estate program and the developer control period has not yet expired, a copy of the annual report that was prepared and distributed by the developer to the time-share owners required by § 55.1-2213 of the Code of Virginia must accompany the annual report;
Date of the public offering statement currently being delivered to purchasers; and
Current evidence from the surety or financial institution of bonds or letters of credit filed with the board in accordance with § 55.1-2220 of the Code of Virginia or required pursuant to subsection B of § 55.1-2234 of the Code of Virginia, or submittal of replacement bonds or letters of credit. Such verification shall provide the following:

a. Principal of bond or letter of credit;

b. Beneficiary of bond or letter of credit;

c. Name of the surety or financial institution that issued the bond or letter of credit;

d. Bond or letter of credit number as assigned by the issuer;

e. The dollar amount;

f. The expiration date or, if self-renewing, the date by which the bond or letter of credit shall be renewed; and

g. For any blanket bond or blanket letter of credit, a statement of the total amount of deposits held by the developer as of May 31 of that calendar year.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 35, Issue 6, eff. December 14, 2018; Volume 36, Issue 6, eff. December 30, 2019; Volume 37, Issue 3, eff. December 1, 2020.

18VAC48-45-410 Board review of annual report for a time-share program registration

A. During review of the annual report, the board may make inquiries or request additional documentation to amplify or clarify the information provided.

B. If the board does not accept the annual report and the annual report filing is not completed within 60 days of a request by the board for additional information, the board may take further action pursuant to §§ 55.1-2247 and 55.1-2252 of the Code of Virginia for failing to file an annual report as required by § 55.1-2242 of the Code of Virginia.

C. If the board does not perform the required review of the annual report within 30 days of receipt by the board, the annual report shall be deemed to comply with § 55.1-2242 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 36, Issue 6, eff. December 30, 2019; Volume 36, Issue 17, eff. June 1, 2020; Volume 37, Issue 3, eff. December 1, 2020.

18VAC48-45-420 Return of bond or letter of credit to ensure completion of promised units and common elements to developer

A bond or letter of credit on file with the board pursuant to subsection B of § 55.1-2234 of the Code of Virginia may be returned to the developer upon written request. Such request shall include a statement from the developer that indicates the units and common elements for which the bond or letter of credit was submitted have been completed. If the submitted statement is not sufficient to confirm completion, the board may request additional documentation.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 36, Issue 6, eff. December 30, 2019.

18VAC48-45-430 Return of bond or letter of credit filed in lieu of escrowing deposits

A. An individual bond or individual letter of credit on file with the board in accordance with § 55.1-2220 of the Code of Virginia may be returned to the developer upon written request. Such request shall include a statement from the developer that indicates (i) the purchaser's cancellation period has expired, (ii) the purchaser's default under a purchase contract for the time-share estate entitling the developer to retain the deposit, or (iii) the purchaser's deposit was refunded.

B. Upon issuance of an order of termination of the time-share program registration pursuant to 18VAC48-45-450, a blanket bond or blanket letter of credit on file with the board in accordance with § 55.1-2220 of the Code of Virginia will be returned to the developer.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 35, Issue 6, eff. December 14, 2018; Volume 36, Issue 6, eff. December 30, 2019; Volume 37, Issue 3, eff. December 1, 2020.

18VAC48-45-440 Maintenance of bond or letter of credit

A. The developer shall report the extension, cancellation, amendment, expiration, termination, or any other change of any bond or letter of credit submitted in accordance with § 55.1-2220 and subsection B of § 55.1-2234 of the Code of Virginia within five days of the change.

B. The board at any time may request verification from the developer of the status of a bond or letter of credit on file with the board. Such verification shall comply with the provisions of subdivision B 6 of 18VAC48-45-400.

C. Failure to report a change in the bond or letter of credit in accordance with this section shall result in further action by the board pursuant to the Virginia Real Estate Time-Share Act.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 35, Issue 6, eff. December 14, 2018; Volume 36, Issue 6, eff. December 30, 2019.

18VAC48-45-450 Termination of time-share program registration

A. The time-share program registration shall be terminated upon receipt of documentation of one of the following:

In accordance with subsection A of § 55.1-2243 of the Code of Virginia, an annual report for a time-share estate program filed pursuant to § 55.1-2242 of the Code of Virginia indicates that the developer has transferred title to the time-share owners' association and that no further development rights exist.
In accordance with subsection B of § 55.1-2243 of the Code of Virginia, written notification is received from the developer attesting that no further development of the program is anticipated and that the developer has ceased sales of time-shares in the program.

B. Upon receipt and review of documentation pursuant to subsection A of this section, the board shall issue an order of termination for the time-share program registration. The board may request additional information as necessary during the review of the submitted documentation to ensure that the time-share program registration is eligible for termination.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 36, Issue 6, eff. December 30, 2019; Volume 37, Issue 3, eff. December 1, 2020.

18VAC48-45-460 Administrative termination of time-share program registration

A. In accordance with subsection C of § 55.1-2243 of the Code of Virginia, the board may administratively terminate the registration of a time-share program. Prior to the administrative termination of the registration, the board shall send written notice of its intent to terminate the registration to all known parties associated with the time-share program, including the registered agent, developer's attorney, and principals of the developer. Such written notice shall be given to the parties by mail or otherwise if acknowledged by them in writing.

B. The board shall issue an order of termination for the time-share program registration if (i) a response is not received within 30 days after sending the written notice, or (ii) the response received does not indicate termination of the registration is inappropriate in accordance with the Virginia Real Estate Time-Share Act and this chapter.

C. Nothing contained in this section shall prevent the board from taking further action as allowed by law including issuance of a temporary cease and desist order, issuance of a cease and desist order, revocation of registration, and bringing action in the appropriate circuit court to enjoin the acts or practices and to enforce compliance.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 36, Issue 6, eff. December 30, 2019; Volume 37, Issue 3, eff. December 1, 2020.

18VAC48-45-470 Reporting of other changes to the time-share program

Any other change made or known by the developer that may affect the accuracy or completeness of the time-share program registration file shall be reported promptly to the board. Such change may include the name of the developer, name of the time-share program, or any other changes in information submitted in accordance with § 55.1-2239 of the Code of Virginia. The board may request additional information as necessary to ensure compliance with the Virginia Real Estate Time-Share Act and this chapter.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 36, Issue 6, eff. December 30, 2019; Volume 37, Issue 3, eff. December 1, 2020.

Part VII Alternative Purchase Registration

18VAC48-45-480 Registration of alternative purchase required

As required by § 55.1-2246 of the Code of Virginia, a developer shall register an alternative purchase as defined by § 55.1-2200 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 36, Issue 6, eff. December 30, 2019; Volume 37, Issue 3, eff. December 1, 2020.

18VAC48-45-490 Application for registration of an alternative purchase

Application for registration of alternative purchase shall be filed with the board on an application form furnished by the board and shall contain all of the documents and information required by § 55.1-2246 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 36, Issue 6, eff. December 30, 2019.

18VAC48-45-500 (Reserved). (Reserved)

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016.

18VAC48-45-510 Review of application for registration of an alternative purchase

At such time as the board affirmatively determines that the requirements of this chapter have been met, the board shall register the alternative purchase. The registration period of the alternative purchase shall expire the last day of the month one year from the date of issuance.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016.

18VAC48-45-520 Minimum alternative purchase post-registration reporting requirements

A. Subsequent to the issuance of a registration for an alternative purchase by the board, the developer offering the alternative purchase shall do the following:

File the annual report required pursuant to 18VAC48-45-540.
Upon the occurrence of any material change in the information contained in the registration file, the developer of a registered alternative purchase shall file the material change with the board within 30 days of the effective date of the material change.
Submit appropriate documentation to the board once the registration is eligible for termination.
Submit to the board any other document or information, which may include information or documents that have been amended or may not have existed previously, that affects the accuracy, completeness, or representation of any information or document filed with the application for registration.
Submit to the board any document or information to make the registration file accurate and complete and to ensure compliance with the Virginia Real Estate Time-Share Act and this chapter.

B. Notwithstanding the requirements of subsection A of this section, the board at any time may require the developer of a registered alternative purchase to provide information or documents, or amendments thereof, in order to assure full and accurate disclosure to prospective purchasers and to ensure compliance with the Virginia Real Estate Time-Share Act and this chapter.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016.

18VAC48-45-530 (Reserved). (Reserved)

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016.

18VAC48-45-540 Annual report required for alternative purchase registration

A. Prior to the expiration of the registration, the developer shall file an annual report in a form approved by the board for the registered alternative purchase affiliated with such time-share program registration. Such alternative purchase annual report shall be accompanied by the fee specified in 18VAC48-45-70.

B. The annual report shall contain, but may not be limited to, the following:

Current contact information for the developer.
Information concerning the current status of the alternative purchase.

C. Once the annual report has been accepted by the board, the registration shall be extended for an additional one-year period from the date of the expiration of the registration. If the developer fails to complete the annual report filing within one year after the date of expiration, the registration shall not be extended and the developer must apply as a new applicant.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 37, Issue 3, eff. December 1, 2020.

18VAC48-45-550 (Reserved). (Reserved)

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016.

18VAC48-45-560 Termination of registration for an alternative purchase

A. The alternative purchase registration shall be terminated upon receipt of written notification from the developer attesting that the developer has ceased sales and requests termination of the alternative purchase. Should the developer later choose to offer alternative purchases for which the registration has been terminated in accordance with this subsection, prior to offering an alternative purchase, the developer must submit a new application for registration of the alternative purchase, meet all requirements in effect at the time of application, and obtain an alternative purchase registration from the board.

B. Upon receipt and review of the notification pursuant to subsection A of this section, the board shall terminate the alternative purchase registration. The board may request additional information as necessary during the review of the submitted notification to ensure that the alternative purchase registration is eligible for termination.

C. An alternative purchase registration shall be automatically terminated for failure to file an acceptable annual report within one year after the expiration of the registration.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016.

18VAC48-45-570 Reporting of other changes to the alternative purchase

In accordance with subsection B of § 55.1-2246 of the Code of Virginia, any material change made or known by the developer that may affect the accuracy or completeness of the alternative purchase registration file shall be filed with the board within 30 days of the effective date of the change. The board may request additional information as necessary to ensure compliance with the Virginia Real Estate Time-Share Act and this chapter.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 36, Issue 6, eff. December 30, 2019.

Part VIII Exchange Program Registration

18VAC48-45-580 Registration of exchange program required

As required by § 55.1-2219 of the Code of Virginia, an exchange company that offers an exchange program in the Commonwealth shall register the exchange program with the board.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 36, Issue 6, eff. December 30, 2019.

18VAC48-45-590 Minimum requirements for registration of an exchange program

An application for registration of an exchange program shall include the following:

An application submitted in accordance with 18VAC48-45-50;
Current contact information for the exchange company;
A disclosure document that complies with § 55.1-2219 of the Code of Virginia; and
A report independently audited by a certified public accountant or accounting firm in accordance with the standards of the Accounting Standards Board of the American Institute of Certified Public Accountants. The report shall provide the following for the preceding calendar year:

a. The number of owners enrolled in the exchange program. Such numbers shall disclose the relationship between the exchange company and owners as being either fee paying or gratuitous in nature;

b. The number of time-share properties, accommodations or facilities eligible to participate in the exchange program;

c. The percentage of confirmed exchanges, which shall be the number of exchanges confirmed by the exchange company divided by the number of exchanges properly applied for, together with a complete and accurate statement of the criteria used to determine whether an exchange request was properly applied for;

d. The number of time-shares for which the exchange company has an outstanding obligation to provide an exchange to an owner who relinquished a time-share during the year in exchange for a time-share in any future year; and

e. The number of exchanges confirmed by the exchange company during the year.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 36, Issue 6, eff. December 30, 2019.

18VAC48-45-600 Minimum exchange program post-registration reporting requirements

A. Subsequent to the issuance of a registration for an exchange program by the board, the exchange company shall:

File an annual report in accordance with subsection E of § 55.1-2219 of the Code of Virginia and this chapter.
Upon the occurrence of a material change to the disclosure document, the exchange company shall file an amended disclosure document in accordance with the provisions of § 55.1-2219 of the Code of Virginia and this chapter. These amendments shall be filed with the board within 20 business days after the occurrence of the material change.
Upon the occurrence of any material change in the information contained in the registration file, the exchange company shall immediately report such material changes to the board.
Submit appropriate documentation to the board once the registration is eligible for termination.
Submit to the board any other document or information, which may include information or documents that have been amended or may not have existed previously, that affects the accuracy, completeness, or representation of any information or document filed with the application for registration.
Submit to the board any document or information to make the registration file accurate and complete to ensure compliance with the Virginia Real Estate Time-Share Act and this chapter.

B. Notwithstanding the requirements of subsection A of this section, the board at any time may require an exchange company to provide information or documents, or amendments thereof, in order to assure full and accurate disclosure to prospective purchasers and to ensure compliance with the Virginia Real Estate Time-Share Act and this chapter.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 36, Issue 6, eff. December 30, 2019.

18VAC48-45-610 Annual report required for an exchange program registration

A. An exchange company shall file an annual report to update the material contained in the exchange program registration file by July 1 of each year the registration is effective and shall be accompanied by the fee specified in 18VAC48-45-70.

B. The annual report shall contain, but may not be limited to, the following:

Current contact information for the exchange company;
Information concerning the current status of the exchange program; and
A report that contains the information in subdivision 4 of 18VAC48-45-590 and submitted in compliance with subdivision A 17 of § 55.1-2219 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 36, Issue 6, eff. December 30, 2019.

18VAC48-45-620 Board review of annual report for exchange program registration

A. During review of the annual report, the board may make inquiries or request additional documentation to amplify or clarify the information provided.

B. If the board does not accept the annual report and the annual report filing is not completed within 60 days of a request by the board for additional information, the board may take further action pursuant to §§ 55.1-2247 and 55.1-2252 of the Code of Virginia for failing to file an annual report as required by subsection E of § 55.1-2219 of the Code of Virginia.

C. If the board does not perform the required review of the annual report within 30 days of receipt by the board, the annual report shall be deemed to comply with subsection E of § 55.1-2219 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 36, Issue 6, eff. December 30, 2019; Volume 36, Issue 17, eff. June 1, 2020.

18VAC48-45-630 Termination of an exchange program registration

A. The exchange program registration shall be terminated upon receipt of written notification from the exchange company indicating that the exchange program is no longer being offered in the Commonwealth. Should the exchange company later choose to offer the exchange program for which the registration has been terminated in accordance with this subsection, prior to offering the exchange program, the exchange company must submit a new application for registration of the exchange program, meet all requirements in effect at the time of application, and be issued an order of registration for the exchange program by the board.

B. Upon receipt and review of the notification pursuant to subsection A of this section, the board shall issue an order of termination for the exchange program registration. The board may request additional information as necessary during the review of the submitted notification to ensure that the exchange program registration is eligible for termination.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016.

18VAC48-45-640 Reporting of other changes to an exchange program

Any other change made or known by the exchange company that may affect the accuracy or completeness of the exchange program registration file shall be promptly reported to the board. The board may request additional information as necessary to ensure compliance with the Virginia Real Estate Time-Share Act and this chapter.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016.

Part IX Time-Share Reseller Registration

18VAC48-45-650 Registration of time-share reseller required

In accordance with § 55.1-2244 of the Code of Virginia, a reseller shall not offer or provide any resale service without holding a current time-share reseller registration issued by the board.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 36, Issue 6, eff. December 30, 2019.

18VAC48-45-660 Exemptions from time-share reseller registration

Time-share reseller registration shall not apply to the following:

A person that solely or with affiliates engages in a resale service with respect to an aggregate of no more than 12 resale time-shares per calendar year;
A person that owns or acquires more than 12 resale time-shares and subsequently transfers all such resale time-shares to a single purchaser in a single transaction;
The owner, owner's agents, and employees of a regularly published newspaper, magazine, or other periodical publication of general circulation; broadcast station; website; or billboard, to the extent their activities are limited to solicitation and publication of advertisements and the transmission of responses to the persons who place the advertisements. Any person that would otherwise be exempt from this chapter pursuant to this section shall not be exempt if the person (i) solicits the placement of the advertisement by representing that the advertisement will generate cash, a certain price, or a similar type of representation for the time-share owner's resale time-share, (ii) makes a recommendation as to the sales price for which to advertise the resale time-share, (iii) makes representations to the person placing the advertisement regarding the success rate for selling resale time-shares advertised with such person, or (iv) makes misrepresentations as described in this chapter;
Sale by a developer or a party acting on its behalf of a resale time-share under a current registration of the time-share program in which the resale time-share is included;
Sale by an association, managing entity, or a party acting on its behalf of a resale time-share owned by the association provided the sale is in compliance with subsection C of § 55.1-2228; or
Attorneys, title agents, title companies, or escrow companies providing closing services in connection with the transfer of a resale time-share.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 36, Issue 6, eff. December 30, 2019.

18VAC48-45-670 Requirements for registration as a time-share reseller

A. Individuals or firms that provide any time-share resale services shall submit an application on a form prescribed by the board and shall meet the requirements of this section, including:

The information contained in § 55.1-2244 of the Code of Virginia.
The application fee specified in 18VAC48-45-70.
All contact information applicable to the time-share reseller and the lead dealer.

B. Any individual or firm offering resale services as defined in § 55.1-2200 of the Code of Virginia shall be registered with the board. All names under which the time-share reseller conducts business shall be disclosed on the application. The name under which the firm conducts business and holds itself out to the public (i.e., the trade or fictitious name) shall also be disclosed on the application. Firms shall be organized as business entities under the laws of the Commonwealth of Virginia or otherwise authorized to transact business in Virginia. Firms shall register any trade or fictitious names with the State Corporation Commission in accordance with Chapter 5 of Title 59.1 (§ 59.1-69 et seq.) of the Code of Virginia before submitting an application to the board.

C. The applicant for a time-share reseller registration shall disclose the firm's mailing address and the firm's physical address. A post office box is only acceptable as a mailing address when a physical address is also provided.

D. In accordance with § 54.1-204 of the Code of Virginia, each applicant for a time-share reseller registration shall disclose the following information about the firm, the lead dealer, and any of the principals of the firm, if applicable:

All felony convictions.
All misdemeanor convictions in any jurisdiction that occurred within three years before the date of application.
Any plea of nolo contendere or finding of guilt regardless of adjudication or deferred adjudication shall be considered a conviction for the purposes of this section. The record of conviction certified or authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted shall be admissible as prima facie evidence of such guilt.

E. The applicant for time-share reseller registration shall be in compliance with the standards of conduct set forth in Part X (18VAC48-45-720 et seq.) of this chapter at the time of application, while the application is under review by the board, and at all times when the registration is in effect.

F. The applicant for time-share reseller registration, the lead dealer, and all principals of the firm shall be in good standing in Virginia and in every jurisdiction and with every board or administrative body where licensed, certified, or registered, and the board, in its discretion, may deny registration to any applicant who has been subject to, or whose lead dealer or principals have been subject to, any form of adverse disciplinary action, including reprimand, revocation, suspension or denial, imposition of a monetary penalty, required to complete remedial education, or any other corrective action, in any jurisdiction or by any board or administrative body or surrendered a license, certificate, or registration in connection with any disciplinary action in any jurisdiction prior to obtaining registration in Virginia.

G. The applicant for time-share reseller registration shall provide all relevant information about the firm, the lead dealer, and of the principals of the firm for the seven years prior to application on outstanding judgments, past-due tax assessments, defaults on bonds, or pending or past bankruptcies and specifically shall provide all relevant financial information related to providing resale services as defined in § 55.1-2200 of the Code of Virginia.

H. The application for time-share reseller registration shall include the exhibits required pursuant to 18VAC48-45-680.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 35, Issue 6, eff. December 14, 2018; Volume 36, Issue 6, eff. December 30, 2019; Volume 36, Issue 17, eff. June 1, 2020.

18VAC48-45-680 Exhibits required for registration as a time-share reseller

A. The following documents shall be included as exhibits to the application for registration. All exhibits shall be labeled as indicated and submitted in a format acceptable to the board.

Exhibit A: A copy of the certificate of incorporation or certificate of authority to transact business in Virginia issued by the Virginia State Corporation Commission, or any other entity formation documents, together with any trade or fictitious name certificate.
Exhibit B: A copy of the resale purchase contract.
Exhibit C: A copy of the resale transfer contract.
Exhibit D: A copy of disclosures required by § 55.1-2228 of the Code of Virginia.
Exhibit E: A narrative description of the marketing or advertising plan.

B. The board has the sole discretion to require additional information or amendment of existing information as the board finds necessary to ensure full and accurate disclosure and compliance with the provisions of § 55.1-2228 of the Code of Virginia and to ensure compliance with the provisions of § 55.1-2244 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 35, Issue 6, eff. December 14, 2018; Volume 36, Issue 6, eff. December 30, 2019.

18VAC48-45-690 Renewal and reinstatement of a time-share reseller registration

A. A time-share reseller registration issued under this chapter shall expire one year from the last day of the month in which it was issued. The fee specified in 18VAC48-45-70 shall be required for renewal.

B. Prior to the expiration date shown on the registration, a registration shall be renewed upon payment of the fees specified in 18VAC48-45-70.

C. The board will send a renewal notice to the regulant at the last known address of record. Failure to receive this notice shall not relieve the regulant of the obligation to renew. If the regulant fails to receive the renewal notice, a copy of the registration may be submitted with the required fees as an application for renewal. By submitting a renewal fee, the regulant is certifying continued compliance with this chapter, as applicable, and certifying that all documents required for registration pursuant to 18VAC48-45-680 on file with the board reflect the most current version used by the reseller.

D. If the requirements for renewal of a registration as specified in this chapter are not completed more than 30 days and within six months after the registration expiration date, the reinstatement fee specified in 18VAC48-45-70 shall be required.

E. A registration may be reinstated for up to six months following the expiration date. After six months, the registration may not be reinstated under any circumstances, and the firm or individual must meet all current entry requirements and apply as a new applicant.

F. The board may deny renewal or reinstatement of registration for the same reasons as it may refuse initial registration or discipline a registrant.

G. The date the renewal application and fee are received in the office of the board shall determine whether a registration shall be renewed without reinstatement, or shall be subject to reinstatement application procedures.

H. A registration that is reinstated shall be regarded as having been continuously registered without interruption. Therefore, the registration holder shall remain under the disciplinary authority of the board during the entire period and shall be accountable for its activities during the period. Nothing in this chapter shall divest the board of its authority to discipline a registration holder for a violation of the law or regulation during the period of time for which the regulant was registered.

I. Applicants for renewal shall continue to meet all of the qualifications for registration set forth in 18VAC48-45-680.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 35, Issue 6, eff. December 14, 2018; Volume 36, Issue 6, eff. December 30, 2019.

18VAC48-45-700 Maintenance of time-share reseller registration

Any material changes made or known by the time-share reseller that may affect the accuracy or completeness of the time-share reseller registration file shall be promptly reported to the board. The board may request additional information as necessary to ensure compliance with the Virginia Real Estate Time-Share Act and this chapter.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016.

18VAC48-45-710 Recordkeeping for a time-share reseller registration

A time-share reseller registered by the board shall comply with the recordkeeping provisions of § 55.1-2245 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 36, Issue 6, eff. December 30, 2019.

Part X Board Authority and Standards of Conduct

18VAC48-45-720 Grounds for disciplinary action

The board may revoke a registration that is not in compliance with any provision of the regulations of the board or the Virginia Real Estate Time-Share Act. Additional action may include issuance of a temporary cease and desist order, issuance of a cease and desist order, and bringing action in the appropriate circuit court to enjoin the acts or practices and to enforce compliance.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016.

18VAC48-45-730 Registration required

A. No developer or agent of a developer shall offer a time-share prior to the registration of the time-share program.

B. No developer or agent of a developer shall offer an alternative purchase prior to the registration of the alternative purchase by the developer.

C. No exchange company or agent of an exchange company shall offer an exchange program prior to the registration of the exchange program by the exchange company.

D. No time-share reseller or agent of a time-share reseller shall offer any resale services prior to the registration of the time-share reseller.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 37, Issue 3, eff. December 1, 2020.

18VAC48-45-740 Time-share advertising standards

A. No promise, assertion, representation, or statement of fact or opinion in connection with a time-share marketing activity shall be made that is false, inaccurate, or misleading by reason of inclusion of an untrue statement of a material fact or omission of a statement of a material fact relative to the actual or intended characteristics, circumstances, or features of a time-share program.

B. No promise, assertion, representation, or statement of fact or opinion made in connection with a time-share marketing activity shall indicate that a unit or common element will be built or placed on the time-share unless proposed within the meaning of subsection A of 18VAC48-45-200.

C. No promise, assertion, representation, or statement of fact or opinion made in connection with a time-share marketing activity and relating to a time-share program not registered shall, by its express terms, induce, solicit, or encourage a contract for sale or performing some other act that would create or purport to create a legal or equitable interest in the time-share, other than a security interest in or a nonbinding reservation of the time-share, when to do so would circumvent the provisions of the Virginia Real Estate Time-Share Act.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 37, Issue 3, eff. December 1, 2020.

18VAC48-45-750 Board overisight of public offering statement and exchange program disclosure document

A. The board at any time may require a developer to alter or amend the public offering statement for a time-share or an exchange program disclosure document to assure full and accurate disclosure to prospective purchasers and to ensure compliance with the Virginia Real Estate Time-Share Act and this chapter.

B. The board does not approve or recommend the time-share or exchange program, or disposition thereof. The board's issuance of an effective date for a public offering statement or acceptance of an exchange program disclosure document shall not be construed to (i) constitute approval of the time-share or exchange program; (ii) represent that the board asserts that either all facts or material changes or both concerning the time-share or exchange program have been fully and accurately disclosed; or (iii) indicate that the board has made judgment on the value or merits of the time-share or exchange program.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016.

18VAC48-45-760 Response to inquiry and provision of records

A. The developer, exchange company, or reseller must respond within 15 days to a request by the board or any of its agents regarding any complaint filed with the department. The board may extend such timeframe upon a showing of extenuating circumstances prohibiting delivery within such 15-day period.

B. Unless otherwise specified by the board, the developer, exchange company, or reseller shall produce to the board or any of its agents within 15 days of the request any document, book, or record concerning any transaction in which the developer, exchange company, or reseller was involved, or for which the developer, exchange company, or reseller is required to maintain records, for inspection and copying by the board or its agents. The board may extend such timeframe upon a showing of extenuating circumstances prohibiting delivery within such 15-day period.

C. A developer, exchange company, or reseller shall not provide a false, misleading, or incomplete response to the board or any agent of the board seeking information in the investigation of a complaint filed with the board.

D. With the exception of the requirements of subsections A and B of this section, a developer, exchange company, or reseller must respond to an inquiry by the board or its agent within 21 days.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016.

18VAC48-45-770 Prohibited acts

The following acts are prohibited and any violation may result in action by the board, including issuance of a temporary cease and desist order in accordance with subdivision D 2 of § 55.1-2247 of the Code of Virginia:

Violating, inducing another to violate, or cooperating with others in violating any of the provisions of any regulation of the board or the Virginia Real Estate Time-Share Act or engaging in any act enumerated in §§ 54.1-102 and 54.1-111 of the Code of Virginia.
Obtaining or attempting to obtain a registration by false or fraudulent representation, or maintaining, renewing, or reinstating a registration by false or fraudulent representation.
Failing to alter or amend the public offering statement or disclosure document as required in accordance with the provisions of this chapter.
Providing information to purchasers in a manner that willfully and intentionally fails to promote full and accurate disclosure.
Making any misrepresentation or making a false promise that might influence, persuade, or induce.
Failing to provide information or documents, or amendments thereof, in accordance with this chapter.
Failing to comply with the post-registration requirements of this chapter.
Filing false or misleading information in the course of terminating a registration in accordance with 18VAC48-45-450, 18VAC48-45-460, 18VAC48-45-560, or 18VAC48-45-630.
Failing to comply with the advertising standards contained in Part III (18VAC48-45-80 et seq.) of this chapter.
Allowing a registration issued by the board to be used by another.
A regulant having been convicted, found guilty, or disciplined in any jurisdiction of any offense or violation described in subdivisions C 13 and C 14 of 18VAC48-45-130, subdivisions 4 and 5 of 18VAC48-45-210, and subsections D, F, and G of 18VAC48-45-670.
Failing to inform the board in writing within 30 days that the regulant was convicted, found guilty, or disciplined in any jurisdiction of any offense or violation described in subsections D, F, and G of 18VAC48-45-670.
Failing to report a change as required by 18VAC48-45-470.
Failing to satisfy any judgments or restitution orders entered by a court or arbiter of competent jurisdiction.
Misrepresenting or misusing the intended purpose of a power of attorney or similar document to the detriment of any grantor of such power of attorney.
Engaging in dishonest or fraudulent conduct in providing resale services, including the following:

a. The intentional and unjustified failure to comply with the terms of the resale purchase contract or resale transfer contract.

b. Engaging in dishonest or fraudulent conduct in providing resale services.

c. Failing to comply with the recordkeeping requirements of § 55.1-2245 of the Code of Virginia.

d. Failing to disclose information in writing concerning the marketing, sale, or transfer of resale time-shares required by this chapter prior to accepting any consideration or with the expectation of receiving consideration from any time-share owner, seller, or buyer.

e. Making false or misleading statements concerning offers to buy or rent; the value, pricing, timing, or availability of resale time-shares; or numbers of sellers, renters, or buyers when engaged in time-share resale activities.

f. Misrepresenting the likelihood of selling a resale time-share interest.

g. Misrepresenting the method by or source from which the reseller or lead dealer obtained the contact information of any time-share owner.

h. Misrepresenting price or value increases or decreases, assessments, special assessments, maintenance fees, or taxes or guaranteeing sales or rentals in order to obtain money or property.

i. Making false or misleading statements concerning the identity of the reseller or any of its affiliates or the time-share resale entity's or any of its affiliate's experience, performance, guarantees, services, fees, or commissions, availability of refunds, length of time in business, or endorsements by or affiliations with developers, management companies, or any other third party.

j. Misrepresenting whether or not the reseller or its affiliates, employees, or agents hold, in any state or jurisdiction, a current real estate sales or broker's license or other government-required license.

k. Misrepresenting how funds will be utilized in any time-share resale activity conducted by the reseller.

l. Misrepresenting that the reseller or its affiliates, employees, or agents have specialized education, professional affiliations, expertise, licenses, certifications, or other specialized knowledge or qualifications.

m. Making false or misleading statements concerning the conditions under which a time-share owner, seller, or buyer may exchange or occupy the resale time-share interest.

n. Representing that any gift, prize, membership, or other benefit or service will be provided to any time-share owner, seller, or buyer without providing such gift, prize, membership, or other benefit or service in the manner represented.

o. Misrepresenting the nature of any resale time-share interest or the related time-share plan.

p. Misrepresenting the amount of the proceeds, or failing to pay the proceeds, of any rental or sale of a resale time-share interest as offered by a potential renter or buyer to the time-share owner who made such resale time-share interest available for rental or sale through the reseller.

q. Failing to transfer any resale time-share interests as represented and required by this chapter or to provide written evidence to the time-share owner of the recording or transfer of such time-share owner's resale time-share interest as required by this chapter.

r. Failing to pay any annual assessments, special assessments, personal property or real estate taxes, or other fees relating to an owner's resale time-share interest as represented or required by this chapter.

History

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 10, eff. March 1, 2016; amended, Virginia Register Volume 35, Issue 6, eff. December 14, 2018; Volume 36, Issue 6, eff. December 30, 2019.

Chapter 50 Common Interest Community Manager Regulations

Part I General

18VAC48-50-10 Definitions

Section 54.1-2345 of the Code of Virginia provides definitions of the following terms and phrases as used in this chapter:

"Association"

"Board"

"Common interest community"

"Common interest community manager"

"Declaration"

"Governing board"

"Lot"

"Management services"

The following words, terms, and phrases when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Active status" means the status of a certificated person in the employ of a common interest community manager.

"Address of record" means the mailing address designated by the regulant to receive notices and correspondence from the board. Notice mailed to the address of record by certified mail, return receipt requested, shall be deemed valid notice.

"Applicant" means a common interest community manager who has submitted an application for licensure or an individual who has submitted an application for certification.

"Application" means a completed, board-prescribed form submitted with the appropriate fee and other required documentation.

"Certified principal or supervisory employee" refers to any individual who has principal responsibility for management services provided to a common interest community or who has supervisory responsibility for employees who participate directly in the provision of management services to a common interest community, and who holds a certificate issued by the board.

"Contact hour" means 50 minutes of instruction.

"Department" means the Virginia Department of Professional and Occupational Regulation.

"Direct supervision" means exercising oversight and direction of, and control over, the work of another.

"Principal responsibility" means having the primary obligation for the direct provision of management services provided to a common interest community.

"Regulant" means a common interest community manager as defined in § 54.1-2345 of the Code of Virginia who holds a license issued by the board or an individual who holds a certificate issued by the board.

"Reinstatement" means the process and requirements through which an expired license or certificate can be made valid without the regulant having to apply as a new applicant.

"Renewal" means the process and requirements for periodically approving the continuance of a license or certificate.

"Responsible person" means the employee, officer, manager, owner, or principal of the firm who shall be designated by each firm to ensure compliance with Chapter 23.3 (§ 54.1-2345 et seq.) of Title 54.1 of the Code of Virginia, and all regulations of the board, and to receive communications and notices from the board that may affect the firm. In the case of a sole proprietorship, the sole proprietor shall have the responsibilities of the responsible person.

"Sole proprietor" means any individual, not a corporation or other registered business entity, who is trading under his own name, or under an assumed or fictitious name pursuant to the provisions of Chapter 5 of Title 59.1 (§ 59.1-69 et seq.) of the Code of Virginia.

"Supervisory responsibility" means providing formal supervision of the work of at least one other person. The individual who has supervisory responsibility directs the work of another employee or other employees, has control over the work performed, exercises examination and evaluation of the employee's performance, or has the authority to make decisions personally that affect the management services provided.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 11, eff. April 1, 2010; amended, Virginia Register Volume 28, Issue 11, eff. March 1, 2012; Volume 35, Issue 19, eff. July 1, 2019; Volume 36, Issue 17, eff. June 1, 2020.

Part II Entry

18VAC48-50-20 Application procedures

All applicants seeking licensure or certification shall submit an application with the appropriate fee specified in 18VAC48-50-60. Application shall be made on forms provided by the board or its agent.

By submitting the application to the department, the applicant certifies that the applicant has read and understands the applicable statutes and the board's regulations.

The receipt of an application and the deposit of fees by the board does not indicate approval by the board.

The board may make further inquiries and investigations with respect to the applicant's qualifications to confirm or amplify information supplied. All applications shall be completed in accordance with the instructions contained herein and on the application. Applications will not be considered complete until all required documents are received by the board.

An individual or firm will be notified within 30 days of the board's receipt of an initial application if the application is incomplete. An individual or firm that fails to complete the process within 12 months of receipt of the application in the board's office must submit a new application and fee.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 11, eff. April 1, 2010; amended, Virginia Register Volume 28, Issue 11, eff. March 1, 2012.

18VAC48-50-30 Qualifications for licensure as a common interest community manager

A. Firms that provide common interest community management services shall submit an application on a form prescribed by the board and shall meet the requirements set forth in § 54.1-2346 of the Code of Virginia, as well as the additional qualifications of this section.

B. Any firm offering management services as defined in § 54.1-2345 of the Code of Virginia shall hold a license as a common interest community manager. All names under which the common interest community manager conducts business shall be disclosed on the application. The name under which the firm conducts business and holds itself out to the public (i.e., the trade or fictitious name) shall also be disclosed on the application. Firms shall be organized as business entities under the laws of the Commonwealth of Virginia or otherwise authorized to transact business in Virginia. Firms shall register any trade or fictitious names with the State Corporation Commission in accordance with Chapter 5 of Title 59.1 (§ 59.1-69 et seq.) of the Code of Virginia before submitting an application to the board.

C. The applicant for a common interest community manager license shall disclose the firm's mailing address, the firm's physical address, and the address of the office from which the firm provides management services to Virginia common interest communities. A post office box is only acceptable as a mailing address when a physical address is also provided.

D. In accordance with § 54.1-204 of the Code of Virginia, each applicant for a common interest community manager license shall disclose the following information about the firm, the responsible person, and any of the principals of the firm:

All felony convictions.
All misdemeanor convictions, except marijuana convictions, in any jurisdiction that occurred within three years of the date of application.
Any plea of nolo contendere or finding of guilt regardless of adjudication or deferred adjudication shall be considered a conviction for the purposes of this section. The record of conviction certified or authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted shall be admissible as prima facie evidence of such guilt.

E. The applicant for a common interest community manager license shall submit evidence of a blanket fidelity bond or employee dishonesty insurance policy in accordance with § 54.1-2346 D of the Code of Virginia. Proof of current bond or insurance policy with the firm as the named bondholder or insured must be submitted in order to obtain or renew the license. The bond or insurance policy must be in force no later than the effective date of the license and shall remain in effect through the date of expiration of the license.

F. The applicant for a common interest community manager license shall be in compliance with the standards of conduct and practice set forth in Part V (18VAC48-50-140 et. seq.) of this chapter at the time of application, while the application is under review by the board, and at all times when the license is in effect.

G. The applicant for a common interest community manager license, the responsible person, and any principals of the firm shall be in good standing in Virginia and in every jurisdiction and with every board or administrative body where licensed, certified, or registered and the board, in its discretion, may deny licensure to any applicant who has been subject to, or whose principals have been subject to, or any firm in which the principals of the applicant for a common interest community manager license hold a 10% or greater interest have been subject to, any form of adverse disciplinary action, including reprimand, revocation, suspension or denial, imposition of a monetary penalty, required to complete remedial education, or any other corrective action, in any jurisdiction or by any board or administrative body or surrendered a license, certificate, or registration in connection with any disciplinary action in any jurisdiction prior to obtaining licensure in Virginia.

H. The applicant for a common interest community manager license shall provide all relevant information about the firm, the responsible person, and any of the principals of the firm for the seven years prior to application on any outstanding judgments, past-due tax assessments, defaults on bonds, or pending or past bankruptcies and specifically shall provide all relevant financial information related to providing management services as defined in § 54.1-2345 of the Code of Virginia. The applicant for a common interest community manager license shall further disclose whether or not one or more of the principals who individually or collectively own more than a 50% equity interest in the firm are or were equity owners holding, individually or collectively, a 10% or greater interest in any other entity licensed by any agency of the Commonwealth of Virginia that was the subject of any adverse disciplinary action, including revocation of a license, within the seven-year period immediately preceding the date of application.

I. An applicant for a common interest community manager license shall hold an active designation as an Accredited Association Management Company by the Community Associations Institute.

J. Prior to July 1, 2012, in lieu of the provisions of subsection I of this section, an application for a common interest community manager license may be approved provided the applicant certifies to the board that the applicant has:

At least one supervisory employee, officer, manager, owner, or principal of the firm who is involved in all aspects of the management services offered and provided by the firm and who has satisfied one of the following criteria:

a. Holds an active designation as a Professional Community Association Manager by Community Associations Institute;

b. Has successfully completed a comprehensive training program as described in 18VAC48-50-250 B, as approved by the board, and has at least three years of experience in providing management services, the quality of which demonstrates to the board that the individual is competent to have supervisory responsibility or principal responsibility for management services;

c. Has successfully completed an introductory training program as described in 18VAC48-50-250 A, as approved by the board, and has at least five years of experience in providing management services, the quality of which demonstrates to the board that the individual is competent to have supervisory responsibility or principal responsibility for management services; or

d. Has not completed a board-approved training program but who, in the judgment of the board, has obtained the equivalent of such training program by documented course work that meets the requirements of a board-approved comprehensive training program as described in Part VI (18VAC48-50-230 et seq.) of this chapter and has at least 10 years of experience in providing management services, the quality of which demonstrates to the board that the individual is competent to have supervisory responsibility or principal responsibility for management services.

At least 50% of persons in the firm with principal responsibility for management services to a common interest community in the Commonwealth of Virginia have satisfied one of the following criteria:

a. Hold an active designation as a Professional Community Association Manager and certify having provided management services for a period of 12 months immediately preceding application;

b. Hold an active designation as a Certified Manager of Community Associations by the National Board of Certification for Community Association Managers and certify having two years of experience in providing management services. Of the required two years of experience, a minimum of 12 months of experience must have been gained immediately preceding application;

c. Hold an active designation as an Association Management Specialist and certify having two years of experience in providing management services. Of the required two years of experience, a minimum of 12 months of experience must have been gained immediately preceding application; or

d. Have completed a comprehensive or introductory training program, as set forth in 18VAC48-50-250 A or B, and passed a certifying examination approved by the board and certify having two years of experience in providing management services. Of the required two years of experience, a minimum of 12 months of experience must have been gained immediately preceding application.

K. Effective July 1, 2012, the applicant for a common interest community manager license shall attest that all employees of the firm who have principal responsibility for management services provided to a common interest community or who have supervisory responsibility for employees who participate directly in the provision of management services to a common interest community shall, within two years after employment with the common interest community manager, hold a certificate as a certified principal or supervisory employee issued by the board or shall be under the direct supervision of a certified principal or supervisory employee.

L. Effective July 1, 2012, in lieu of the provisions of subsection I of this section, an application for a common interest community manager license may be approved provided the applicant certifies to the board that the applicant has at least one supervisory employee, officer, manager, owner, or principal of the firm who is involved in all aspects of the management services offered and provided by the firm and who has satisfied one of the following criteria:

Holds an active designation as a Professional Community Association Manager by Community Associations Institute;
Has successfully completed a comprehensive training program as described in 18VAC48-50-250 B, as approved by the board, and has at least three years of experience in providing management services, the quality of which demonstrates to the board that the individual is competent to have supervisory responsibility or principal responsibility for management services;
Has successfully completed an introductory training program as described in 18VAC48-50-250 A, as approved by the board, and has at least five years of experience in providing management services, the quality of which demonstrates to the board that the individual is competent to have supervisory responsibility or principal responsibility for management services; or
Has not completed a board-approved training program but, in the judgment of the board, has obtained the equivalent of such training program by documented coursework that meets the requirements of a board-approved comprehensive training program as described in Part VI (18VAC48-50-230 et seq.) of this chapter and has at least 10 years of experience in providing management services, the quality of which demonstrates to the board that the individual is competent to have supervisory responsibility or principal responsibility for management services.

M. The firm shall designate a responsible person.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 11, eff. April 1, 2010; amended, Virginia Register Volume 28, Issue 11, eff. March 1, 2012; Volume 36, Issue 17, eff. June 1, 2020; Volume 38, Issue 5, eff. December 1, 2021.

18VAC48-50-35 Qualifications for certification as a certified principal or supervisory employee effective July 1, 2012

A. Principal or supervisory employees requiring certification pursuant to § 54.1-2346 of the Code of Virginia shall meet the requirements of this section and submit an application for certification on or after July 1, 2012.

B. The applicant for certification shall be at least 18 years of age.

C. The applicant for certification shall have a high school diploma or its equivalent.

D. The applicant for certification shall provide a mailing address. A post office box is only acceptable as a mailing address when a physical address is also provided. The mailing address provided shall serve as the address of record.

E. In accordance with § 54.1-204 of the Code of Virginia, each applicant for certification shall disclose the following information:

All felony convictions.
All misdemeanor convictions, except marijuana convictions, that occurred in any jurisdiction within three years of the date of application.
Any plea of nolo contendere or finding of guilt regardless of adjudication or deferred adjudication shall be considered a conviction for the purposes of this section. The record of conviction certified or authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted shall be admissible as prima facie evidence of such guilt.

F. The applicant for certification shall be in compliance with the standards of conduct and practice set forth in Part V (18VAC48-50-140 et seq.) of this chapter at the time of application, while the application is under review by the board, and at all times when the certificate is in effect.

G. The applicant for certification shall be in good standing in Virginia and in every jurisdiction and with every board or administrative body where licensed, certified, or registered to provide management or related services; and the board, in its discretion, may deny certification to any applicant for certification who has been subject to any form of adverse disciplinary action, including reprimand, revocation, suspension or denial, imposition of a monetary penalty, requirement to complete remedial education, or any other corrective action, in any jurisdiction or by any board or administrative body or surrendered a license, certificate, or registration in connection with any disciplinary action in any jurisdiction prior to obtaining certification in Virginia.

H. The applicant for certification shall provide all relevant information for the seven years prior to application on any outstanding judgments, past-due tax assessments, defaults on bonds, or pending or past bankruptcies, all as related to providing management services as defined in § 54.1-2345 of the Code of Virginia. The applicant for certification shall further disclose whether or not he was the subject of any adverse disciplinary action, including revocation of a license, certificate, or registration within the seven-year period immediately preceding the date of application.

I. An applicant for certification may be certified provided the applicant provides proof to the board that the applicant meets one of the following:

Holds an active designation as a Professional Community Association Manager by Community Associations Institute and certifies having provided management services for a period of three months immediately preceding application;
Holds an active designation as a Certified Manager of Community Associations by the National Board of Certification for Community Association Managers and certifies having two years of experience in providing management services. Of the required two years of experience, a minimum of six months of experience must have been gained immediately preceding application;
Holds an active designation as an Association Management Specialist by Community Associations Institute and certifies having two years of experience in providing management services. Of the required two years of experience, a minimum of three months of experience must have been gained immediately preceding application; or
Has completed an introductory or comprehensive training program as set forth in 18VAC48-50-250 A or B and passed a certifying examination approved by the board and certifies having two years of experience in providing management services. Of the required two years of experience, a minimum of six months of experience must have been gained immediately preceding application.

J. The applicant for certification shall provide the name of his employing common interest community manager, if applicable.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 11, eff. March 1, 2012; amended, Virginia Register Volume 38, Issue 5, eff. December 1, 2021.

18VAC48-50-37 Licensure and certification by reciprocity

A. The board may waive the requirements of 18VAC48-50-30 I, J, and L and issue a license as a common interest community manager to an applicant who holds an active, current license, certificate, or registration in another state, the District of Columbia, or any other territory or possession of the United States provided the requirements and standards under which the license, certificate, or registration was issued are substantially equivalent to those established in this chapter and related statutes.

B. Effective July 1, 2012, the board may waive the requirements of 18VAC48-50-35 I and issue a certificate as a certified employee to an applicant who holds an active, current license, certificate, or registration in another state, the District of Columbia, or any other territory or possession of the United States provided the requirements and standards under which the license, certificate, or registration was issued are substantially equivalent to those established in this chapter and related statutes.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 11, eff. March 1, 2012.

18VAC48-50-40 Application denial

The board may refuse initial licensure or certification due to an applicant's failure to comply with entry requirements or for any of the reasons for which the board may discipline a regulant.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 11, eff. April 1, 2010; amended, Virginia Register Volume 28, Issue 11, eff. March 1, 2012.

Part III Fees

18VAC48-50-50 General fee requirements

All fees are nonrefundable and shall not be prorated. The date on which the fee is received by the department or its agent will determine whether the fee is on time. Checks or money orders shall be made payable to the Treasurer of Virginia.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 11, eff. April 1, 2010.

18VAC48-50-60 Fee schedule

| Fee Type | Fee Amount | | Recovery Fund Fee* (if applicable) | Total Amount Due | When Due | | --- | --- | --- | --- | --- | --- | | Initial Common Interest Community Manager Application | $100 | + | 25 | $125 | With application | | Common Interest Community Manager Renewal | $100 | | | $100 | With renewal application | | Common Interest Community Manager Reinstatement (includes a $200 reinstatement fee in addition to the regular $100 renewal fee) | $300 | | | $300 | With renewal application | | Certified Principal or Supervisory Employee Initial Application | $75 | | | $75 | With application | | Certified Principal or Supervisory Employee Renewal | $75 | | | $75 | With renewal application | | Certified Principal or Supervisory Employee Reinstatement (includes a $75 reinstatement fee in addition to the regular $75 renewal fee) | $150 | | | $150 | With renewal application | | Training Program Provider Initial Application | $100 | | | $100 | With application | | Training Program Provider Additional Program | $50 | | | $50 | With application | | *In accordance with § 54.1-2354.5 of the Code of Virginia. | | | | | |

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 11, eff. April 1, 2010; amended, Virginia Register Volume 28, Issue 11, eff. March 1, 2012; Volume 35, Issue 19, eff. July 1, 2019; Volume 36, Issue 3, eff. November 1, 2019.

18VAC48-50-70 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 26, Issue 11, eff. April 1, 2010; repealed, Virginia Register Volume 35, Issue 19, eff. July 1, 2019.

18VAC48-50-80 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 26, Issue 11, eff. April 1, 2010; amended, Virginia Register Volume 28, Issue 11, eff. March 1, 2012; Volume 35, Issue 19, eff. July 1, 2019; repealed, Virginia Register Volume 36, Issue 3, eff. November 1, 2019.

Part IV Renewal and Reinstatement

18VAC48-50-90 Renewal required

A license issued under this chapter shall expire one year from the last day of the month in which it was issued. A certificate issued under this chapter shall expire two years from the last day of the month in which it was issued. A fee shall be required for renewal.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 11, eff. April 1, 2010; amended, Virginia Register Volume 28, Issue 11, eff. March 1, 2012; Volume 36, Issue 3, eff. November 1, 2019.

18VAC48-50-100 Expiration and renewal

A. Prior to the expiration date shown on the license, licenses shall be renewed upon (i) completion of the renewal application, (ii) submittal of proof of current bond or insurance policy as detailed in 18VAC48-50-30 E, and (iii) payment of the fees specified in 18VAC48-50-60.

B. Prior to the expiration date shown on the certificate, certificates shall be renewed upon (i) completion of the renewal application; (ii) submittal of proof of completion of two hours of fair housing training as it relates to the management of common interest communities and two hours of Virginia common interest community law and regulation training, both as approved by the board and completed within the two-year certificate period immediately prior to the expiration date of the certificate; and (iii) payment of the fees specified in 18VAC48-50-60.

C. The board will mail a renewal notice to the regulant at the last known mailing address of record. Failure to receive this notice shall not relieve the regulant of the obligation to renew. If the regulant fails to receive the renewal notice, a copy of the license or certificate may be submitted with the required fees as an application for renewal. By submitting an application for renewal, the regulant is certifying continued compliance with the Standards of Conduct and Practice in Part V (18VAC48-50-140 et seq.) of this chapter.

D. Applicants for renewal shall continue to meet all of the qualifications for licensure and certification set forth in Part II (18VAC48-50-20 et seq.) of this chapter.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 11, eff. April 1, 2010; amended, Virginia Register Volume 28, Issue 11, eff. March 1, 2012; Volume 35, Issue 19, eff. July 1, 2019.

18VAC48-50-110 Reinstatement of common interest community manager license and certified principal or supervisory employee certificate required

A. If all of the requirements for renewal of a license as specified in 18VAC48-50-100 A are not completed within 30 days of the license expiration date, the licensee shall be required to reinstate the license by meeting all renewal requirements and by paying the reinstatement fee specified in 18VAC48-50-60.

B. If all of the requirements for renewal of a certificate as specified in 18VAC48-50-100 B are not completed within 30 days of the certificate expiration date, the certificateholder shall be required to reinstate the certificate by meeting all renewal requirements and by paying the reinstatement fee specified in 18VAC48-50-60.

C. A license or certificate may be reinstated for up to six months following the expiration date. After six months, the license or certificate may not be reinstated under any circumstances and the firm or individual must meet all current entry requirements and apply as a new applicant.

D. Any regulated activity conducted subsequent to the license expiration date may constitute unlicensed activity and be subject to prosecution under Chapter 1 (§ 54.1-100 et seq.) of Title 54.1 of the Code of Virginia.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 11, eff. April 1, 2010; amended, Virginia Register Volume 28, Issue 11, eff. March 1, 2012.

18VAC48-50-120 Status of license or certificate during the period prior to reinstatement

A regulant who applies for reinstatement of a license or certificate shall be subject to all laws and regulations as if the regulant had been continuously licensed or certified. The regulant shall remain under and be subject to the disciplinary authority of the board during this entire period.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 11, eff. April 1, 2010; amended, Virginia Register Volume 28, Issue 11, eff. March 1, 2012.

18VAC48-50-130 Board discretion to deny renewal or reinstatement

The board may deny renewal or reinstatement of a license or certificate for the same reasons as the board may refuse initial licensure or certification, or discipline a regulant.

The board may deny renewal or reinstatement of a license or certificate if the regulant has been subject to a disciplinary proceeding and has not met the terms of an agreement for licensure or certification, has not satisfied all sanctions, or has not fully paid any monetary penalties and costs imposed by the board.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 11, eff. April 1, 2010; amended, Virginia Register Volume 28, Issue 11, eff. March 1, 2012.

Part V Standards of Conduct and Practice

18VAC48-50-140 Grounds for disciplinary action

A. The board may place a regulant on probation, impose a monetary penalty in accordance with § 54.1-202 A of the Code of Virginia, or revoke, suspend, or refuse to renew any license or certificate when the regulant has been found to have violated or cooperated with others in violating any provisions of the regulations of the board or Chapter 23.3 (§ 54.1-2345 et seq.) of Title 54.1 of the Code of Virginia.

B. In accordance with § 55.1-2314 D of the Code of Virginia, the board may assess a monetary penalty or issue a cease and desist order against a common interest community manager for failure to deliver a resale certificate or updated resale certificate as required by Chapter 23.1 (§ 55.1-2307 et seq.) of Title 55.1 of the Code of Virginia.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 11, eff. April 1, 2010; amended, Virginia Register Volume 28, Issue 11, eff. March 1, 2012; Volume 40, Issue 6, eff. January 1, 2024.

18VAC48-50-150 Maintenance of license or certificate

A. No license or certificate issued by the board shall be assigned or otherwise transferred.

B. A regulant shall report, in writing, all changes of address to the board within 30 days of the change and shall return the license or certificate to the board. In addition to the address of record, a physical address is required for each license or certificate. If the regulant holds more than one license, certificate, or registration, the regulant shall inform the board of all licenses, certificates, and registrations affected by the address change.

C. Any change in any of the qualifications for licensure or certification found in 18VAC48-50-30 or 18VAC48-50-35 shall be reported to the board within 30 days of the change.

D. Notwithstanding the provisions of subsection C of this section, a licensee shall report the cancellation, amendment, expiration, or any other change of any bond or insurance policy submitted in accordance with 18VAC48-50-30 E within five days of the change.

E. A licensee shall report to the board the discharge or termination of active status of an employee holding a certificate within 30 days of the discharge or termination of active status.

F. A certified principal or supervisory employee shall report a change in employing common interest community manager within 30 days of the change.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 11, eff. April 1, 2010; amended, Virginia Register Volume 28, Issue 11, eff. March 1, 2012.

18VAC48-50-160 Maintenance and management of accounts

Licensed firms shall maintain all funds from associations in accordance with § 54.1-2353 A of the Code of Virginia. Funds that belong to others that are held as a result of the fiduciary relationship shall be labeled as such to clearly distinguish funds that belong to others from those funds of the common interest community manager.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 11, eff. April 1, 2010; amended, Virginia Register Volume 28, Issue 11, eff. March 1, 2012.

18VAC48-50-170 Change of business entity requires a new license

A. Licenses are issued to firms as defined in this chapter and are not transferable. Whenever the legal business entity holding the license is dissolved or altered to form a new business entity, the license becomes void and shall be returned to the board within 30 days of the change. Such changes include but are not limited to:

Cessation of the business or the voluntary termination of a sole proprietorship or general partnership;
Death of a sole proprietor;
Formation, reformation, or dissolution of a general partnership, limited partnership, corporation, limited liability company, association, or any other business entity recognized under the laws of the Commonwealth of Virginia; or
The suspension or termination of the corporation's existence by the State Corporation Commission.

B. When a new firm is formed, the new firm shall apply for a new license on a form provided by the board before engaging in any activity regulated by Chapter 23.3 (§ 54.1-2345 et seq.) of Title 54.1 of the Code of Virginia or the regulations of the board.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 11, eff. April 1, 2010.

18VAC48-50-180 Notice of adverse action

A. Licensed firms shall notify the board of the following actions against the firm, the responsible person, and any principals of the firm:

Any disciplinary action taken by any jurisdiction, board, or administrative body of competent jurisdiction, including any reprimand, license or certificate revocation, suspension or denial, monetary penalty, or requirement for remedial education or other corrective action.
Any voluntary surrendering of a license, certificate, or registration done in connection with a disciplinary action in another jurisdiction.
Any conviction, finding of guilt, or plea of guilty, regardless of adjudication or deferred adjudication, in any jurisdiction of the United States of any misdemeanor involving moral turpitude, sexual offense, non-marijuana drug distribution, or physical injury, or any felony, there being no appeal pending therefrom or the time for appeal having lapsed. Review of convictions shall be subject to the requirements of § 54.1-204 of the Code of Virginia. Any plea of nolo contendere shall be considered a conviction for the purpose of this section.

B. Certified principal or supervisory employees shall notify the board, and the responsible person of the employing firm, if applicable, of the following actions against the certified principal or supervisory employee:

Any disciplinary action taken by any jurisdiction, board, or administrative body of competent jurisdiction, including any reprimand, license or certificate revocation, suspension or denial, monetary penalty, requirement for remedial education, or other corrective action.
Any voluntary surrendering of a license, certificate, or registration done in connection with a disciplinary action in another jurisdiction.
Any conviction, finding of guilt, or plea of guilty, regardless of adjudication or deferred adjudication, in any jurisdiction of the United States of any misdemeanor involving moral turpitude, sexual offense, non-marijuana drug distribution, or physical injury, or any felony, there being no appeal pending therefrom or the time for appeal having lapsed. Review of convictions shall be subject to the requirements of § 54.1-204 of the Code of Virginia. Any plea of nolo contendere shall be considered a conviction for the purpose of this section.

The notice must be made to the board in writing within 30 days of the action. A copy of the order or other supporting documentation must accompany the notice. The record of conviction, finding, or case decision shall be considered prima facie evidence of a conviction or finding of guilt.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 11, eff. April 1, 2010; amended, Virginia Register Volume 28, Issue 11, eff. March 1, 2012; Volume 38, Issue 5, eff. December 1, 2021.

18VAC48-50-190 Prohibited acts

The following acts are prohibited and any violation may result in disciplinary action by the board:

Violating, inducing another to violate, or cooperating with others in violating any of the provisions of any of the regulations of the board; Chapter 23.3 (§ 54.1-2345 et seq.) of Title 54.1 of the Code of Virginia; or Chapter 18 (§ 55.1-1800 et seq.), Chapter 19 (§ 55.1-1900 et seq.), Chapter 21 (§ 55.1-2100 et seq.), or Chapter 23.1 (§ 55.1-2307 et seq.) of Title 55.1 of the Code of Virginia or engaging in any acts enumerated in §§ 54.1-102 and 54.1-111 of the Code of Virginia.
Allowing a license or certificate issued by the board to be used by another.
Obtaining or attempting to obtain a license or certificate by false or fraudulent representation, or maintaining, renewing, or reinstating a license or certificate by false or fraudulent representation.
A regulant having been convicted, found guilty, or disciplined in any jurisdiction of any offense or violation enumerated in 18VAC48-50-180.
Failing to inform the board in writing within 30 days that the regulant was convicted, found guilty, or disciplined in any jurisdiction of any offense or violation enumerated in 18VAC48-50-180.
Failing to report a change as required by 18VAC48-50-150 or 18VAC48-50-170.
The intentional and unjustified failure to comply with the terms of the management contract, operating agreement, or association governing documents.
Engaging in dishonest or fraudulent conduct in providing management services.
Failing to satisfy any judgments or restitution orders entered by a court or arbiter of competent jurisdiction.
Egregious or repeated violations of generally accepted standards for the provision of management services.
Failing to handle association funds in accordance with the provisions of § 54.1-2353 A of the Code of Virginia or 18VAC48-50-160.
Failing to account in a timely manner for all money and property received by the regulant in which the association has or may have an interest.
Failing to disclose to the association material facts related to the association's property or concerning management services of which the regulant has actual knowledge.
Failing to provide complete records related to the association's management services to the association within 30 days of any written request by the association or within 30 days of the termination of the contract unless otherwise agreed to in writing by both the association and the common interest community manager.
Failing upon written request of the association to provide books and records such that the association can perform pursuant to §§ 55.1-1815 (Property Owners' Association Act), 55.1-1945 (Virginia Condominium Act), and 55.1-2151 (Virginia Real Estate Cooperative Act) of the Code of Virginia.
Commingling the funds of any association by a principal, a principal's employees, or a principal's associates with the principal's own funds or those of the principal's firm.
Failing to act in providing management services in a manner that safeguards the interests of the public.
Advertising in any name other than the name in which licensed.
Failing to make use of a legible, written contract clearly specifying the terms and conditions of the management services to be performed by the common interest community manager. The contract shall include the following:

a. Beginning and ending dates of the contract;

b. Cancellation rights of the parties;

c. Record retention and distribution policy;

d. A general description of the records to be kept and the bookkeeping system to be used; and

e. The common interest community manager's license number.

Performing management services or accepting payments prior to the signing of the contract by an authorized official of the licensed firm and the client or the client's authorized agent.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 11, eff. April 1, 2010; amended, Virginia Register Volume 28, Issue 11, eff. March 1, 2012; Volume 36, Issue 3, eff. November 1, 2019; Volume 40, Issue 6, eff. January 1, 2024.

18VAC48-50-200 Establishment of code of conduct

The firm shall establish and distribute to the firm's employees, principals, and agents a written code of conduct to address business practices including the appropriateness of giving and accepting gifts, bonuses, or other remuneration to and from common interest communities or providers of services to common interest communities. In accordance with clause (ii) of § 54.1-2346 E of the Code of Virginia, the code of conduct for officers, directors, and employees shall also address disclosure of relationships with other firms that provide services to common interest communities and that may give rise to a conflict of interest.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 11, eff. April 1, 2010.

18VAC48-50-210 Establishment of internal accounting controls

The firm shall establish written internal accounting controls to provide adequate checks and balances over the financial activities and to manage the risk of fraud and illegal acts. The internal accounting controls shall be in accordance with generally accepted accounting practices.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 11, eff. April 1, 2010.

18VAC48-50-220 Response to inquiry and provision of records

A. A regulant must respond within 10 days to a request by the board or any of its agents regarding any complaint filed with the department.

B. Unless otherwise specified by the board, a regulant of the board shall produce to the board or any of its agents within 10 days of the request any document, book, or record concerning any transaction pertaining to a complaint filed in which the regulant was involved, or for which the regulant is required to maintain records for inspection and copying by the board or its agents. The board may extend such time frame upon a showing of extenuating circumstances prohibiting delivery within such 10-day period.

C. A regulant shall not provide a false, misleading, or incomplete response to the board or any of its agents seeking information in the investigation of a complaint filed with the board.

D. With the exception of the requirements of subsections A and B of this section, a regulant must respond to an inquiry by the board or its agent within 21 days.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 11, eff. April 1, 2010; amended, Virginia Register Volume 28, Issue 11, eff. March 1, 2012.

Part VI Training Programs and Examination

18VAC48-50-230 Training programs generally

All training programs proposed for the purposes of meeting the requirements of this chapter must be approved by the board. Any or all of the approved training programs can be met using distance or online education technology. Training programs may be approved retroactively; however, no applicant will receive credit for the training program until such approval is granted by the board.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 11, eff. April 1, 2010.

18VAC48-50-240 Approval of common interest community manager training programs

Each provider of a training program shall submit an application for program approval on a form provided by the board. In addition to the appropriate fee provided in 18VAC48-50-60, the application shall include but is not limited to:

The name of the provider;
Provider contact person, address, and telephone number;
Program contact hours;
Schedule of training program, if established, including dates, times, and locations;
Instructor information, including name, license or certificate number(s), if applicable, and a list of trade-appropriate designations, as well as a professional resume with a summary of teaching experience and subject-matter knowledge and qualifications acceptable to the board;
A summary of qualifications and experience in providing training under this chapter;
Training program and material fees; and
Training program syllabus.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 11, eff. April 1, 2010; amended, Virginia Register Volume 28, Issue 11, eff. March 1, 2012.

18VAC48-50-250 Introductory and comprehensive training program requirements

A. In order to qualify as an introductory training program under 18VAC48-50-30 or 18VAC48-50-35, the introductory training program must include a minimum of 16 contact hours and the syllabus shall encompass all of the subject areas set forth in subsection C of this section.

B. In order to qualify as a comprehensive training program under 18VAC48-50-30 or 18VAC48-50-35, the comprehensive training program must include a minimum of 80 contact hours and the syllabus shall include at least 40 contact hours encompassing all of the subject areas set forth in subsection C of this section and may also include up to 40 contact hours in other subject areas approved by the board.

C. The following subject areas as they relate to common interest communities and associations shall be included in all comprehensive and introductory training programs. The time allocated to each subject area must be sufficient to ensure adequate coverage of the subject as determined by the board.

Governance, legal matters, and communications;
Financial matters, including budgets, reserves, investments, internal controls, and assessments;
Contracting;
Risk management and insurance;
Management ethics for common interest community managers;
Facilities maintenance; and
Human resources.

D. All training programs are required to have a final, written examination.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 11, eff. April 1, 2010; amended, Virginia Register Volume 28, Issue 11, eff. March 1, 2012.

18VAC48-50-253 Virginia common interest community law and regulation training program requirements

In order to qualify as a Virginia common interest community law and regulation training program for renewal of certificates issued by the board, the common interest community law and regulation program must include a minimum of two contact hours and the syllabus shall encompass updates to Virginia laws and regulations directly related to common interest communities.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 11, eff. March 1, 2012; amended, Virginia Register Volume 33, Issue 20, eff. July 1, 2017.

18VAC48-50-255 Fair housing training program requirements

In order to qualify as a fair housing training program for renewal of certificates issued by the board, the fair housing training program must include a minimum of two contact hours and the syllabus shall encompass Virginia fair housing laws and any updates, all as related to common interest communities.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 11, eff. March 1, 2012; amended, Virginia Register Volume 33, Issue 20, eff. July 1, 2017.

18VAC48-50-257 Documentation of training program completion required

All training program providers must provide each student with a certificate of training program completion or other documentation that the student may use as proof of training program completion. Such documentation shall contain the contact hours completed.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 11, eff. March 1, 2012.

18VAC48-50-260 Maintenance of records

All providers must establish and maintain a record for each student. The record shall include the student's name and address, the training program name and hours attended, the training program syllabus or outline, the name or names of the instructors, the date of successful completion, and the board's approved training program code. Records shall be available for inspection during normal business hours by authorized representatives of the board. Providers must maintain these records for a minimum of five years.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 11, eff. April 1, 2010.

18VAC48-50-270 Reporting of changes

Any change in the information provided in 18VAC48-50-240 must be reported to the board within 30 days of the change with the exception of changes in the schedule of training program offerings, which must be reported within 10 days of the change. Any change in information submitted will be reviewed to ensure compliance with the provisions of this chapter.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 11, eff. April 1, 2010.

18VAC48-50-280 Withdrawal of approval

The board may withdraw approval of any training program for the following reasons:

The training program being offered no longer meets the standards established by the board.
The provider, through an agent or otherwise, advertises its services in a fraudulent or deceptive way.
The provider, instructor, or designee of the provider falsifies any information relating to the application for approval, training program information, or student records or fails to produce records required by 18VAC48-50-260.
A change in the information provided that results in noncompliance with 18VAC48-50-240, except for subdivision 4 of 18VAC48-50-240.
Failure to comply with 18VAC48-50-270.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 11, eff. April 1, 2010.

18VAC48-50-290 Examinations

All examinations required for licensure or certification shall be approved by the board and administered by the board, a testing service acting on behalf of the board, or another governmental agency or organization.

History

Statutory Authority: § 54.1-2349 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 11, eff. April 1, 2010; amended, Virginia Register Volume 28, Issue 11, eff. March 1, 2012.

Chapter 70 Common Interest Community Ombudsman Regulations

Part I General

18VAC48-70-10 Definitions

A. Section 54.1-2345 of the Code of Virginia provides definitions of the following terms and phrases as used in this chapter:

Association

Board

Common interest community

Common interest community manager

Declaration

Governing board

Lot

B. Section 54.1-2354.1 of the Code of Virginia provides the definition of the following term as used in this chapter:

Director

C. Section 55.1-1900 of the Code of Virginia provides definition of the following term as used in this chapter:

Condominium instruments

D. Section 55.1-2307 of the Code of Virginia provides definitions of the following terms as used in this chapter:

Governing documents

Resale certificate

E. The following words, terms, and phrases, when used in this chapter, have the following meanings unless a different meaning is provided or is plainly required by context:

"Adverse decision" or "final adverse decision" means the final decision issued by an association pursuant to an association complaint procedure that is opposite of, or does not provide for, either wholly or in part, the cure or corrective action sought by the complainant. Such decision means all avenues for internal appeal under the association complaint procedure have been exhausted.

"Association complaint" means a written complaint filed by a member of the association or a citizen pursuant to an association complaint procedure. An association complaint must concern a matter regarding an action, inaction, or decision by the association, governing board, or managing agent that is in conflict with applicable common interest community laws or regulations.

"Association complaint procedure" means the written process adopted by an association to receive and consider association complaints from members and citizens.

"Common interest community laws or regulations" means Chapter 23.3 (§ 54.1-2345 et seq.) of Title 54.1 of the Code of Virginia; Chapter 18 (§ 55.1-1800 et seq.), 19 (§ 55.1-1900 et seq.), 20 (§ 55.1-2000 et seq.), or 21 (§ 55.1-2100 et seq.) of Title 55.1 of the Code of Virginia; or the regulations of the board.

"Complainant" means an association member or citizen who makes a written complaint pursuant to an association complaint procedure.

"Record of complaint" means all documents, correspondence, and other materials related to a decision made pursuant to an association complaint procedure.

History

Statutory Authority: §§ 54.1-2349 and 54.1-2354.4 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 19, eff. July 1, 2012; amended, Virginia Register Volume 36, Issue 6, eff. December 11, 2019; Volume 41, Issue 23, eff. August 1, 2025.

18VAC48-70-20 Submission of documentation

Any documentation required to be filed with or provided to the board, director, or Office of the Common Interest Community Ombudsman pursuant to this chapter and Article 2 (§ 54.1-2354.1 et seq.) of Chapter 23.3 of Title 54.1 of the Code of Virginia must be filed with or provided to the Department of Professional and Occupational Regulation.

History

Statutory Authority: §§ 54.1-2349 and 54.1-2354.4 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 19, eff. July 1, 2012; amended, Virginia Register Volume 36, Issue 6, eff. December 11, 2019; Volume 41, Issue 23, eff. August 1, 2025.

Part II Association Complaint Procedure

18VAC48-70-30 Requirement for association to develop an association complaint procedure

In accordance with § 54.1-2354.4 of the Code of Virginia, each association will have a written process for resolving association complaints from members and citizens. The association complaint procedure will conform with the requirements set forth in § 54.1-2354.4 of the Code of Virginia and this chapter, as well as the association governing documents, which must not be in conflict with § 54.1-2354.4 of the Code of Virginia or this chapter.

History

Statutory Authority: §§ 54.1-2349 and 54.1-2354.4 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 19, eff. July 1, 2012; amended, Virginia Register Volume 36, Issue 6, eff. December 11, 2019; Volume 41, Issue 23, eff. August 1, 2025.

18VAC48-70-40 Establishment and adoption of written association complaint procedure

A. Associations filing an initial application for registration pursuant to § 55.1-1835, 55.1-1980, or 55.1-2182 of the Code of Virginia must certify that an association complaint procedure has been established and adopted as of the date of registering or within 90 days of registering with the board.

B. An association that has been delinquent in registering the association and filing its required annual reports is still required to have an established and adopted written association complaint procedure. At the time such an association files an application for registration, it must certify that an association complaint procedure has been established and adopted by the governing board.

C. The association will certify with each annual report filing that the association complaint procedure has been adopted and is in effect.

History

Statutory Authority: §§ 54.1-2349 and 54.1-2354.4 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 19, eff. July 1, 2012; amended, Virginia Register Volume 33, Issue 15, eff. May 1, 2017; Volume 36, Issue 6, eff. December 11, 2019; Volume 41, Issue 23, eff. August 1, 2025.

18VAC48-70-50 Association complaint procedure requirements

The association complaint procedure must be in writing and include the following provisions in addition to any specific requirements contained in the governing documents that do not conflict with § 54.1-2354.4 of the Code of Virginia or the requirements of this chapter.

The association complaint must be in writing.
A sample of the form,if any, on which the association complaint must be filed will be provided upon request.
The association complaint procedure must include the process by which complaints are delivered to the association.
The association complaint procedure must include contact information for the Office of the Common Interest Community Ombudsman in accordance with § 54.1-2354.4 of the Code of Virginia.
The association must provide written acknowledgment of receipt of the association complaint to the complainant within 14 days of receipt. The acknowledgment will be hand delivered, mailed, or delivered by third-party courier with proof of delivery to the complainant at the address provided, or by electronic means, unless prohibited by the governing documents, provided the association retains sufficient proof of the electronic delivery.
Any specific documentation that must be provided with the association complaint must be clearly described in the association complaint procedure. In addition, to the extent the complainant has knowledge of the law or regulation applicable to the complaint, the complainant will provide that reference.
The association must have a reasonable, efficient, and timely method for identifying and requesting any additional information from the complainant that is necessary to continue processing the association complaint. The association will establish a reasonable timeframe for responding to and for the disposition of the association complaint if the request for information is not received within the required timeframe.
Notice of the date, time, and location that the matter will be considered will be hand delivered, mailed, or delivered by third-party courier with proof of delivery to the complainant at the address provided or delivered by electronic means, unless prohibited by the governing documents, provided the association retains sufficient proof of the electronic delivery at least 14 days, unless otherwise agreed to in writing, prior to consideration as established by the association complaint procedure.
After the final determination is made, the written notice of final determination will be hand delivered, mailed, or delivered by third-party courier with proof of delivery to the complainant at the address provided or delivered by electronic means, unless prohibited by the governing documents, provided the association retains sufficient proof of the electronic delivery, within seven days.
The notice of final determination must be dated as of the date of issuance and include specific citations to common interest community laws or regulations that led to the final determination, as well as the registration number of the association. If applicable, the name and license number of the common interest community manager must also be provided.
The notice of final determination must include the complainant's right to file a notice of final adverse decision with the Common Interest Community Ombudsman and the applicable contact information.
An appeal process, if applicable, must be set out in an association complaint procedure, including relevant timeframes for filing the request for appeal. If no appeal process is available, the association complaint procedure must indicate that no appeal process is available and that the rendered decision is final.

History

Statutory Authority: §§ 54.1-2349 and 54.1-2354.4 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 19, eff. July 1, 2012; amended, Virginia Register Volume 36, Issue 6, eff. December 11, 2019; Volume 41, Issue 23, eff. August 1, 2025.

18VAC48-70-60 Distribution of association complaint procedure

A. The association complaint procedure must be readily available upon request to all members of the association and citizens.

B. The association complaint procedure must be included as an attachment to the resale certificate described in § 55.1-2310 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-2349 and 54.1-2354.4 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 19, eff. July 1, 2012; amended, Virginia Register Volume 40, Issue 6, eff. January 1, 2024; Volume 41, Issue 23, eff. August 1, 2025.

18VAC48-70-70 Maintenance of association record of complaint

A. A record of each association complaint filed with the association must be maintained in accordance with § 54.1-2354.4 A 1 of the Code of Virginia.

B. Unless otherwise specified by the director or the director's designee, the association must provide to the director or the director's designee, within 14 days of receiptofthe request, any document, book, or record concerning the association complaint. The director or the director's designee may extend such timeframe upon a showing of extenuating circumstances prohibiting delivery within 14 days of receiving the request.

History

Statutory Authority: §§ 54.1-2349 and 54.1-2354.4 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 19, eff. July 1, 2012; amended, Virginia Register Volume 36, Issue 6, eff. December 11, 2019; Volume 41, Issue 23, eff. August 1, 2025.

18VAC48-70-80 Failure of association to establish and utilize association complaint procedure

Failure of an association to establish and utilize an association complaint procedure in accordance with this chapter may result in the board seeking any of the remedies available pursuant to Chapter 23.3 (§ 54.1-2345 et seq.) of Title 54.1 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-2349 and 54.1-2354.4 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 19, eff. July 1, 2012.

Part III Final Adverse Decision

18VAC48-70-90 Filing of notice of final adverse decision

A complainant may file a notice of final adverse decision in accordance with § 54.1-2354.4 B of the Code of Virginia concerning any final adverse decision that has been issued by an association in accordance with this chapter.

The notice must be filed within 30 days of the date of the final adverse decision.
The notice must be in writing on forms provided by the Office of the Common Interest Community Ombudsman. The forms will include the following information:

a. Name and contact information of complainant;

b. Name, address, and contact information of association; and

c. Date of final adverse decision. The date of final adverse decision will be the date of the notice issued pursuant to subdivisions 9 and 10 of 18VAC48-70-50.

The notice must include a copy of the association complaint, the final adverse decision, reference to the laws and regulations the final adverse decision may have violated, any supporting documentation that accompanied the final adverse decision, and a copy of the association complaint procedure.
The notice must be accompanied by a $25 filing fee or a request for waiver pursuant to 18VAC48-70-100.

History

Statutory Authority: §§ 54.1-2349 and 54.1-2354.4 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 19, eff. July 1, 2012; amended, Virginia Register Volume 36, Issue 6, eff. December 11, 2019; Volume 41, Issue 23, eff. August 1, 2025.

18VAC48-70-100 Waiver of filing fee

A. In accordance with § 54.1-2354.4 B of the Code of Virginia, the board may, for good cause shown, waive or refund the filing fee upon a finding that payment of the filing fee will cause undue financial hardship for the complainant.

B. The board will use the current U.S. Department of Health and Human Services (HHS) Poverty Guidelines to establish the threshold for whether a filing fee will be waived or refunded as a result of financial hardship. The HHS Poverty Guidelines, as updated annually in the Federal Register, are available at https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines.

C. In order to determine whether the complainant requesting the waiver or refund of the filing fee is at or below the HHS Poverty Guidelines, the complainant must submit to the board supporting documentation satisfactory that provides proof of income.

D. A waiver or refund of the filing fee will be granted if proof of income submitted is at or below the then-current HHS Poverty Guidelines.

History

Statutory Authority: §§ 54.1-2349 and 54.1-2354.4 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 19, eff. July 1, 2012; amended, Virginia Register Volume 36, Issue 6, eff. December 11, 2019; Volume 41, Issue 23, eff. August 1, 2025.

18VAC48-70-105 Receipt of notice of final adverse decision

In accordance with § 54.1-2354.3 B 3 of the Code of Virginia, upon receipt of a notice of final adverse decision, the Office of the Common Interest Community Ombudsman may either (i) refer such adverse decision to the board for further review of whether such adverse decision is in conflict with the laws or board regulations governing common interest communities or interpretations thereof by the board; or (ii) review such adverse decision in accordance with the requirements of this part.

History

Statutory Authority: §§ 54.1-2349 and 54.1-2354.4 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 6, eff. January 1, 2024.

18VAC48-70-110 Review of final adverse decision

A. Upon receipt of the notice of final adverse decision from the complainant, along with the filing feeor a board-approved waiver of filing fee, the Office of the Common Interest Community Ombudsman will provide written acknowledgment of receipt of the notice to the complainant and will provide a copy of the written notice to the governing board and, if applicable, the common interest community manager of the association that made the final adverse decision. The notice of adverse decision is not complete and will not be reviewed until the filing fee has been received or a waiver of filing fee has been granted by the board.

B. In accordance with § 54.1-2354.4 C of the Code of Virginia, additional information may be requested from the association that made the final adverse decision. Upon request, the association will provide such information to the Office of the Common Interest Community Ombudsman within a reasonable time.

C. Information that was not part of the final adverse decision will not be considered.

History

Statutory Authority: §§ 54.1-2349 and 54.1-2354.4 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 19, eff. July 1, 2012; amended, Virginia Register Volume 36, Issue 6, eff. December 11, 2019; Volume 40, Issue 6, eff. January 1, 2024; Volume 41, Issue 23, eff. August 1, 2025.

18VAC48-70-120 Decision from the notice of final adverse decision

A. Upon review of the notice of final adverse decision in accordance with § 54.1-2354.4 C of the Code of Virginia, if the director determines that the final adverse decision may be in conflict with laws or regulations governing common interest communities or interpretations thereof by the board, the director must provide the complainant and the governing board and, if applicable, the common interest community manager of the association with information concerning such laws or regulations governing common interest communities or interpretations thereof by the board.

B. The determination of whether the final adverse decision may be in conflict with laws or regulations governing common interest communities or interpretations thereof by the board is final and not subject to further review.

C. In accordance with § 54.1-2354.4 C of the Code of Virginia, if within 365 days of issuing a determination that an adverse decision is in conflict with laws or board regulations governing common interest communities or interpretations thereof by the board, the director receives a subsequent notice of final adverse decision for the same violation by the association, the director must refer the repeat violation to the board, which must take action in accordance with § 54.1-2351 or 54.1-2352 of the Code of Virginia, as deemed appropriate by the board.

History

Statutory Authority: §§ 54.1-2349 and 54.1-2354.4 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 19, eff. July 1, 2012; amended, Virginia Register Volume 36, Issue 6, eff. December 11, 2019; Volume 40, Issue 6, eff. January 1, 2024.

18VAC48-70-125 Referral for further action

In addition to the provisions of this chapter, any matter involving a violation of applicable laws or regulations of the board may be referred for further action by the board in accordance with the provisions of Chapter 23.3 (§ 54.1-2345 et seq.) of Title 54.1; Chapters 18 (§ 55.1-1800 et seq.), 19 (55.1-1900 et seq.), and 21 (§ 55.1-2100 et seq.) of Title 55.1 of the Code of Virginia; and the board's regulations.

History

Statutory Authority: §§ 54.1-2349 and 54.1-2354.4 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 19, eff. July 1, 2012; amended, Virginia Register Volume 36, Issue 6, eff. December 11, 2019.

Part IV Office of the Common Interest Community Ombudsman

18VAC48-70-130 Purpose, responsibilities, and limitations

The Office of the Common Interest Community Ombudsman will carry out those activities as enumerated in § 54.1-2354.3 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-2349 and 54.1-2354.4 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 19, eff. July 1, 2012; amended, Virginia Register Volume 36, Issue 6, eff. December 11, 2019; Volume 41, Issue 23, eff. August 1, 2025.

Agency 50 Board For Contractors

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

18VAC50-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Board for Contractors. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-1102 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC50-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Board for Contractors, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-1102 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Part II Notification of Interested Persons

18VAC50-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-1102 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC50-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 18VAC50-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-1102 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Part III Public Participation Procedures

18VAC50-11-50 Public comment

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201, and 54.1-1102 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008; amended, Virginia Register Volume 35, Issue 9, eff. February 7, 2019.

18VAC50-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-1102 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC50-11-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-1102 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC50-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-1102 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC50-11-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-1102 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC50-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-1102 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC50-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-1102 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Chapter 22 Board for Contractors Regulations

Part I General

18VAC50-22-10 General definitions

A. Section 54.1-1100 of the Code of Virginia provides definitions of the following terms and phrases as used in this chapter:

"Board"

"Class A contractors"

"Class B contractors"

"Class C contractors"

"Contractor"

"Department"

"Designated employee"

"Director"

"Fire sprinkler contractor"

"Owner-developer"

"Person"

"Value"

B. The following words and terms when used in this chapter, unless a different meaning is provided or is plainly required by the context, have the following meanings:

"Address of record" means the mailing address designated by the licensee to receive notices and correspondence from the board.

"Business entity" means a sole proprietorship, partnership, corporation, limited liability company, limited liability partnership, or any other form of organization permitted by law.

"Change order" means any modification to the original contract, including the time to complete the work, change in materials, change in cost, and change in the scope of work.

"Controlling financial interest" means the direct or indirect ownership or control of more than 50% ownership of a firm.

"Firm" means any business entity recognized under the laws of the Commonwealth of Virginia.

"Formal vocational training" means courses in the trade administered at an accredited educational facility or formal training, approved by the board, conducted by trade associations, businesses, military, correspondence schools, or other similar training organizations.

"Full-time employee" means an employee who spends a minimum of 30 hours a week carrying out the work of the licensed contracting business and who receives an IRS Form W-2 annually.

"Helper" or "laborer" means a person who assists a regulant.

"Licensee" means a firm holding a license issued by the board to act as a contractor.

"Net worth" means assets minus liabilities. Assets do not include any property owned as tenants by the entirety or property not titled in the name of the business entity.

"Principal place of business" means the location where the licensee principally conducts business with the public.

"Reciprocity" means an arrangement by which the licensees of two states are allowed to practice within each other's boundaries by mutual agreement.

"Reinstatement" means the process and requirements through which an expired license can be made valid without the licensee having to apply as a new applicant.

"Renewal" means the process and requirements for periodically approving the continuance of a license.

"Residential building energy analyst firm" means any business entity wherein a residential building energy analysis, as defined in § 54.1-1144 of the Code of Virginia, is offered or practiced.

"Responsible management" means the principals of the following:

Sole proprietorship;
General partnership;
Limited partnership;
Corporation;
Limited liability company;
Association; and
Individuals in other business entities recognized under the laws of the Commonwealth as having a fiduciary responsibility to the firm.

"Supervision" means providing guidance or direction of a delegated task or procedure by a tradesman licensed in accordance with Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1 of the Code of Virginia, being accessible to the helper or laborer, and periodically observing and evaluating the performance of the task or procedure.

"Temporary license" means a license issued by the board pursuant to § 54.1-201.1 of the Code of Virginia that authorizes a person to engage in the practice of contracting until such time as the license is issued or 45 days from the date of issuance of the temporary license, whichever occurs first.

"Tenants by the entirety" means a tenancy that is created between spouses and by which together the spouses hold title to the whole with right of survivorship so that, upon death of either, the other takes whole to exclusion of the deceased's remaining heirs.

"Virginia Uniform Statewide Building Code" or "USBC" means building regulations comprised of those promulgated by the Virginia Board of Housing and Community Development in accordance with § 36-98 of the Code of Virginia, including any model codes and standards that are incorporated by reference and that regulate construction, reconstruction, alteration, conversion, repair, maintenance, or use of structures, and building and installation of equipment therein.

History

Statutory Authority: §§ 54.1-201, 54.1-1102, and 54.1-1146 of the Code of Virginia.
Historical Notes: Derived from VR220-01-2:1 § 1.1, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, eff. September 1, 2001; Volume 22, Issue 8, eff. February 1, 2006; Volume 29, Issue 3, eff. December 1, 2012; Volume 30, Issue 6, eff. January 1, 2014; Volume 32, Issue 3, eff. January 1, 2016; Volume 41, Issue 25, eff. September 1, 2025.

18VAC50-22-20 Definitions of license classifications

The following words and terms when used in this chapter have the following meanings unless a different meaning is provided or is plainly required by the context:

"Commercial building contractors" (Abbr: CBC) means those contractors whose contracts include construction, remodeling, repair, improvement, removal, or demolition on real property owned, controlled, or leased by another person of commercial, industrial, institutional, governmental, and accessory use buildings or structures. The CBC classification does not provide for electrical, plumbing, HVAC, or gas fitting services and does not allow construction, repair, or improvement of dwellings and townhouses as defined in the USBC.

The commercial building classification includes the functions carried out by the following specialties for contracts of commercial, institutional, governmental, and accessory use buildings or structures, including multi-family housing:

Billboard/sign contracting

Commercial improvement contracting

Concrete contracting

Farm improvement contracting

Industrialized building contracting

Landscape service contracting

Marine facility contracting

Masonry contracting

Painting and wallcovering contracting

Recreational facility contracting

Roofing contracting

Swimming pool contracting

"Electrical contractors" (Abbr: ELE) means those contractors whose contracts include the construction, installation, repair, maintenance, alteration, or removal of electrical systems. This classification provides for all work covered by the electrical provisions of the USBC, including electronic/communication service contracting (ESC) and fire alarm systems contracting (FAS) specialties.

"Fire sprinkler contracting" (Abbr: SPR) means the classification that provides for the installation, repair, alteration, addition, testing, maintenance, inspection, improvement, or removal of sprinkler systems using water as a means of fire suppression when annexed to real property. This classification does not provide for the installation, repair, or maintenance of other types of fire suppression systems. The PLB classification allows for the installation of systems permitted to be designed in accordance with the plumbing provisions of the USBC. This classification may engage in the installation of backflow prevention devices in the fire sprinkler supply main and incidental to the sprinkler system installation when the installer has received formal vocational training approved by the board that included instruction in the installation of backflow prevention devices.

"Highway/heavy contractors" (Abbr: H/H) means those contractors whose contracts include construction, repair, improvement, or demolition of the following:

Bridges

Dams

Drainage systems

Foundations

Parking lots

Public transit systems

Railroads

Roads

Runways

Streets

Structural signs and lights

Tanks

The functions carried out by these contractors include the following:

Building demolition

Clearing

Concrete work

Excavating

Grading

Nonwater well drilling

Paving

Pile driving

Road marking

Steel erection

These contractors also install, maintain, or dismantle the following:

Power systems for the generation and primary and secondary distribution of electric current ahead of the customer's meter;
Pumping stations and treatment plants;
Telephone, telegraph, or signal systems for public utilities; and
Water, gas, and sewer connections to residential, commercial, and industrial sites, subject to local ordinances.

This classification may also install backflow prevention devices incidental to work in this classification when the installer has received formal vocational training approved by the board that included instruction in the installation of backflow prevention devices.

"HVAC contractors" (Abbr: HVA) means those contractors whose contracts include the installation, alteration, repair, or maintenance of heating systems, ventilating systems, cooling systems, steam and hot water heaters, heating systems, boilers, process piping, and mechanical refrigeration systems, including tanks incidental to the system. This classification does not provide for fire suppression installations, sprinkler system installations, or gas piping. This classification may install backflow prevention devices incidental to work in this classification.

"Plumbing contractors" (Abbr: PLB) means those contractors whose contracts include the installation, maintenance, extension, alteration, or removal of all piping, fixtures, appliances, and appurtenances in connection with any of the following:

Backflow prevention devices

Boilers

Hot water baseboard heating systems

Hot water heaters

Hydronic systems

Process piping

Public/private water supply systems within or adjacent to any building, structure, or conveyance

Sanitary or storm drainage facilities

Steam heating systems

Storage tanks incidental to the installation of related systems

Venting systems related to plumbing

These contractors also install, maintain, extend, or alter the following:

Liquid waste systems

Sewerage systems

Storm water systems

Water supply systems

This classification does not provide for (i) gas piping or (ii) the function of fire sprinkler contracting except for sprinklers that are tied into the domestic water supply. The classification may install fire sprinkler systems permitted to be designed in accordance with the plumbing provisions of the USBC when the installer has received formal vocational training approved by the board that included instruction of installation of fire sprinkler systems.

"Residential building contractors" (Abbr: RBC) means those contractors whose contracts include construction, remodeling, repair, improvement, removal, or demolition on real property owned, controlled, or leased by another person of dwellings and townhouses, as defined in the USBC, including accessory buildings or structures on such property. The RBC classification does not provide for electrical, plumbing, HVAC, or gas fitting services and does not allow construction, removal, repair, or improvement to commercial, industrial, institutional, or governmental use structures outside of dwellings and townhouses, as defined by the USBC.

The residential building classification includes the functions carried out by the following specialties for contracts of dwellings and townhouses, as defined by the USBC, and related accessory use buildings or structures:

Concrete contracting

Home improvement contracting

Industrialized building contracting

Landscape service contracting

Masonry contracting

Painting and wallcovering contracting

Roofing contracting

Swimming pool contracting

"Specialty contractors" means those contractors whose contracts are for specialty services that do not generally fall within the scope of any other classification within this chapter.

History

Statutory Authority: §§ 54.1-201 and 54.1-1102 of the Code of Virginia.
Historical Notes: Derived from VR220-01-2:1 § 1.2, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, eff. September 1, 2001; Volume 22, Issue 8, eff. February 1, 2006; Volume 29, Issue 3, eff. December 1, 2012; Volume 32, Issue 3, eff. January 1, 2016; Volume 41, Issue 25, eff. September 1, 2025.

18VAC50-22-30 Definitions of specialty services

The following words and terms when used in this chapter have the following meanings unless a different meaning is provided or is plainly required by the context:

"Accessibility services contracting" (Abbr: ASC) means the service that provides for all work in connection with the constructing, installing, altering, servicing, repairing, testing, or maintenance of wheelchair lifts, incline chairlifts, dumbwaiters with a capacity limit of 300 pounds, and private residence elevators in accordance with the Virginia Uniform Statewide Building Code (13VAC5-63). The EEC specialty may also perform this work. This specialty does not include work on limited use-limited application (LULA) elevators.

"Accessibility services contracting - LULA" (Abbr: ASL) means the service that provides for all work in connection with the constructing, installing, altering, servicing, repairing, testing, or maintenance of wheelchair lifts, incline chairlifts, dumbwaiters with a capacity limit of 300 pounds, private residence elevators, and limited use-limited application (LULA) elevators in accordance with the Virginia Uniform Statewide Building Code (13VAC5-63). The EEC specialty may also perform this work.

"Alternative energy system contracting" (Abbr: AES) means the service that provides for the installation, repair, or improvement, from the customer's meter, of alternative energy generation systems, supplemental energy systems and associated equipment annexed to real property. This service does not include the installation of emergency generators powered by fossil fuels. No other classification or specialty service provides this function. This specialty does not provide for electrical, plumbing, gas fitting, or HVAC functions.

"Alternative sewage disposal system contracting" (Abbr: ADS) means the service that provides for the installation, repair, improvement, or removal of a treatment works that is not a conventional onsite sewage system and does not result in a point source discharge. No other classification or specialty service provides this function.

"Asbestos contracting" (Abbr: ASB) means the service that provides for the installation, removal, or encapsulation of asbestos containing materials annexed to real property. No other classification or specialty service provides for this function.

"Asphalt paving and sealcoating contracting" (Abbr: PAV) means the service that provides for the installation, repair, improvement, or removal of asphalt paving or sealcoating, or both, on subdivision streets and adjacent intersections, driveways, parking lots, tennis courts, running tracks, and play areas, using materials and accessories common to the industry. This includes height adjustment of existing sewer manholes, storm drains, water valves, sewer cleanouts and drain grates, and all necessary excavation and grading. The H/H classification also provides for this function.

"Billboard/sign contracting" (Abbr: BSC) means the service that provides for the installation, repair, improvement, or dismantling of any billboard or structural sign permanently annexed to real property. H/H and CBC are the classifications that can perform this work except that a contractor in this specialty may connect or disconnect signs to existing electrical circuits. No trade related plumbing, electrical, or HVAC work is included in this function.

"Blast/explosive contracting" (Abbr: BEC) means the service that provides for the use of explosive charges for the repair, improvement, alteration, or demolition of any real property or any structure annexed to real property. No other classification or specialty service provides this function.

"Commercial improvement contracting" (Abbr: CIC) means the service that provides for repair or improvement to structures not defined as dwellings and townhouses in the USBC. The CBC classification also provides for this function. The CIC specialty does not provide for the construction of new buildings, accessory buildings, electrical, plumbing, HVAC, or gas work.

"Concrete contracting" (Abbr: CEM) means the service that provides for all work in connection with the processing, proportioning, batching, mixing, conveying, and placing of concrete composed of materials common to the concrete industry. This includes finishing, coloring, curing, repairing, testing, sawing, grinding, grouting, placing of film barriers, sealing, and waterproofing. Construction and assembling of forms, molds, slipforms, and pans, centering, and the use of rebar are also included. The CBC, RBC, and H/H classifications also provide for this function.

"Conventional sewage disposal system contracting" (Abbr: CDS) means the service that provides for the installation, repair, improvement, or removal of a treatment works consisting of one or more septic tanks with gravity, pumped, or siphoned conveyance to a gravity distributed subsurface drainfield. The ADS specialty may also perform this work.

"Drug lab remediation contracting" (Abbr: DLR) means the service that provides for the cleanup, treatment, containment, or removal of hazardous substances at or in a property formerly used to manufacture methamphetamine or other drugs and may include demolition or disposal of structures or other property. No other classification or specialty provides for this function.

"Drywall contracting" (Abbr: DRY) means the service that provides for the installation, taping, and finishing of drywall, panels and assemblies of gypsum wallboard, sheathing, and cementitious board, and the installation of studs made of sheet metal for the framing of ceilings and nonstructural partitioning. The CBC and RBC classifications and HIC and CIC specialties also provide for this function.

"Electronic/communication service contracting" (Abbr: ESC) means the service that provides for the installation, repair, improvement, or removal of electronic or communications systems annexed to real property including telephone wiring, computer cabling, sound systems, data links, data and network installation, television and cable TV wiring, antenna wiring, and fiber optics installation, or other systems that operate at 50 volts or less. The ELE classification also provides for this function.

"Elevator/escalator contracting" (Abbr: EEC) means the service that provides for the installation, repair, improvement, or removal of elevators or escalators permanently annexed to real property. No other classification or specialty service provides for this function.

"Environmental monitoring well contracting" (Abbr: EMW) means the service that provides for the construction of a well to monitor hazardous substances in the ground. The H/H classification and WWP specialty also provide for this function.

"Environmental specialties contracting" (Abbr: ENV) means the service that provides for installation, repair, removal, or improvement of pollution control and remediation devices. This specialty does not provide for electrical, plumbing, gas fitting, or HVAC functions. The H/H classification also provides for this function.

"Equipment/machinery contracting" (Abbr: EMC) means the service that provides for the installation or removal of equipment or machinery, including conveyors or heavy machinery. Boilers exempted by the Virginia Uniform Statewide Building Code (13VAC5-63) but regulated by the Department of Labor and Industry are also included in this specialty. This specialty does not provide for any electrical, plumbing, process piping, or HVAC functions.

"Farm improvement contracting" (Abbr: FIC) means the service that provides for the installation, repair, or improvement of a nonresidential farm building or structure, or nonresidential farm accessory-use structure, or additions thereto. The CBC and RBC classifications also provide for this function. The FIC specialty does not provide for any electrical, plumbing, HVAC, or gas fitting functions.

"Finish carpentry contracting" (Abbr: FIN) means the service that provides for the installation, repair, and finishing of cabinets, sash casing, door casing, wooden flooring, baseboards, countertops, and other millwork. Finish carpentry does not include the installation of ceramic tile, marble, and artificial or cultured stone. The CBC and RBC classifications and HIC and CIC specialties also provide for this function.

"Fire alarm systems contracting" (Abbr: FAS) means the service that provides for the installation, repair, or improvement of fire alarm systems that operate at 50 volts or less. The ELE classification also provides for this function.

"Fire suppression contracting" (Abbr: FSP) means the service that provides for the installation, repair, improvement, or removal of fire suppression systems including halon and other gas systems, dry chemical systems, and carbon dioxide systems annexed to real property. No other classification provides for this function. The FSP specialty does not provide for the installation, repair, or maintenance of water sprinkler systems.

"Flooring and floor covering contracting" (Abbr: FLR) means the service that provides for the installation, repair, improvement, or removal of materials that are common in the flooring industry. This includes wood and wood composite flooring, tack strips or other products used to secure carpet, vinyl and linoleum, ceramic, marble, stone, and all other types of tile, and includes the installation or replacement of subflooring, leveling products, or other materials necessary to facilitate the installation of the flooring or floor covering. This does not include the installation, repair, or removal of floor joists or other structural components of the flooring system. The CBC and RBC classifications and HIC and CIC specialties also provide for this function.

"Framing contractor" (Abbr: FRM) means the service that provides for the construction, removal, repair, or improvement to any framing or rough carpentry necessary for the construction of framed structures, including the installation and repair of individual components of framing systems. The CBC and RBC classifications and HIC and CIC specialties also provide for this function.

"Gas fitting contracting" (Abbr: GFC) means the service that provides for the installation, repair, improvement, or removal of gas piping and appliances annexed to real property.

"Glass and glazing contracting" (Abbr: GLZ) means the service that provides for the installation, assembly, repair, improvement, or removal of all makes and kinds of glass, glass work, mirrored glass, and glass substitute for glazing; executes the fabrication and glazing of frames, panels, sashes and doors; or installs these items in any structure. This specialty includes the installation of standard methods of weatherproofing, caulking, glazing, sealants, and adhesives. The CBC and RBC classifications and HIC and CIC specialties also provide for this function.

"Home improvement contracting" (Abbr: HIC) means the service that provides for repairs or improvements to dwellings and townhouses as defined in the USBC or structures annexed to those dwellings or townhouses as defined in the USBC. The RBC classification also provides for this function. The HIC specialty does not provide for electrical, plumbing, HVAC, or gas fitting functions. It does not include new construction functions beyond the existing building structure other than decks, patios, driveways, and utility out buildings that do not require a permit per the USBC.

"Industrialized building contracting" (Abbr: IBC) means the service that provides for the installation or removal of an industrialized building as defined in the Virginia Industrialized Building Safety Regulations (13VAC5-91). This classification covers foundation work in accordance with the provisions of the Virginia Uniform Statewide Building Code (13VAC5-63) and allows the licensee to complete internal tie-ins of plumbing, gas, electrical, and HVAC systems. It does not allow for installing additional plumbing, gas, electrical, or HVAC work such as installing the service meter, or installing the outside compressor for the HVAC system. The CBC and RBC classifications also provide for this function.

"Insulation and weather stripping contracting" (Abbr: INS) means the service that provides for the installation, repair, improvement, or removal of materials classified as insulating media used for the sole purpose of temperature control or sound control of residential and commercial buildings. It does not include the insulation of mechanical equipment and ancillary lines and piping. The CBC and RBC classifications and HIC and CIC specialties also provide for this function.

"Landscape irrigation contracting" (Abbr: ISC) means the service that provides for the installation, repair, improvement, or removal of irrigation sprinkler systems or outdoor sprinkler systems. The PLB and H/H classifications also provide for this function. This specialty may install backflow prevention devices incidental to work in this specialty when the installer has received formal vocational training approved by the board that included instruction in the installation of backflow prevention devices.

"Landscape service contracting" (Abbr: LSC) means the service that provides for the alteration or improvement of a land area not related to any other classification or service activity by means of excavation, clearing, grading, construction of retaining walls for landscaping purposes, or placement of landscaping timbers. This specialty may remove stumps and roots below grade. The CBC, RBC, and H/H classifications and the CIC and HIC specialties also provide for this function.

"Lead abatement contracting" (Abbr: LAC) means the service that provides for the removal or encapsulation of lead-containing materials annexed to real property. No other classification or specialty service provides for this function, except that the PLB and HVA classifications may provide this service incidental to work in those classifications.

"Liquefied petroleum gas contracting" (Abbr: LPG) means the service that includes the installation, maintenance, extension, alteration, or removal of all piping, fixtures, appliances, and appurtenances used in transporting, storing, or utilizing liquefied petroleum gas. This excludes hot water heaters, boilers, and central heating systems that require an HVA or PLB license. The GFC specialty also provides for this function.

"Manufactured home contracting" (Abbr: MHC) means the service that provides for the installation or removal of a manufactured home as defined in the Virginia Manufactured Home Safety Regulations (13VAC5-95). This classification does not cover foundation work; however, it does allow installation of piers covered under HUD regulations. It does allow a licensee to do internal tie-ins of plumbing, gas, electrical, or HVAC equipment. It does not allow for installing additional plumbing, gas, electrical, or HVAC work such as installing the service meter or any components of the HVAC system. No other specialty provides for this function.

"Marine facility contracting" (Abbr: MCC) means the service that provides for the construction, repair, improvement, or removal of any structure the purpose of which is to provide access to, impede, or alter a body of surface water. The CBC and H/H classifications also provide for this function. The MCC specialty does not provide for the construction of accessory structures or electrical, HVAC, or plumbing functions.

"Masonry contracting" (Abbr: BRK) means the service that includes the installation of brick, concrete block, stone, marble, slate, or other units and products common to the masonry industry, including mortarless type masonry products. This includes installation of grout, caulking, tuck pointing, sand blasting, mortar washing, parging, and cleaning and welding of reinforcement steel related to masonry construction. The CBC, RBC, and H/H classifications and the HIC and CIC specialties also provide for this function.

"Miscellaneous contracting" (Abbr: MSC) means the service that may fall under another classification or specialty service but is more limited than the functions provided by the other classification or specialty. This specialty is limited to a single activity and will be restricted to that specialty only. This specialty may not be used for work that would fall under the ELE, HVA, PLB, GFC, LPG, NGF, EEC, WWP, ASC, LAC, or ASB classification or specialty.

"Natural gas fitting provider contracting" (Abbr: NGF) means the service that provides for the incidental repair, testing, or removal of natural gas piping or fitting annexed to real property. This does not include new installation of gas piping for hot water heaters, boilers, central heating systems, or other natural gas equipment that requires an HVA or PLB license. The GFC specialty also provides for this function.

"Painting and wallcovering contracting" (Abbr: PTC) means the service that provides for the application of materials common to the painting and decorating industry for protective or decorative purposes, the installation of surface coverings such as vinyls, wall papers, and cloth fabrics. This includes surface preparation, caulking, sanding, and cleaning preparatory to painting or coverings and includes both interior and exterior surfaces. The CBC and RBC classifications and the HIC and CIC specialties also provide for this function.

"Radon mitigation contracting" (Abbr: RMC) means the service that provides for additions, repairs, or improvements to buildings or structures, for the purpose of mitigating or preventing the effects of radon gas. No electrical, plumbing, gas fitting, or HVAC functions are provided by this specialty.

"Recreational facility contracting" (Abbr: RFC) means the service that provides for the construction, repair, or improvement of any recreational facility, excluding paving and the construction of buildings, plumbing, electrical, and HVAC functions. The CBC and H/H classifications also provide for this function.

"Refrigeration contracting" (Abbr: REF) means the service that provides for installation, repair, or removal of any refrigeration equipment (excluding HVAC equipment). No electrical, plumbing, gas fitting, or HVAC functions are provided by this specialty. This specialty is intended for those contractors who repair or install coolers, refrigerated casework, ice-making machines, drinking fountains, cold room equipment, and similar hermetic refrigeration equipment. The HVA classification also provides for this function.

"Roofing contracting" (Abbr: ROC) means the service that provides for the installation, repair, removal, or improvement of materials common to the industry that form a watertight, weather resistant surface for roofs and decks. This includes roofing system components when installed in conjunction with a roofing project, application of dampproofing or waterproofing, and installation of roof insulation panels and other roof insulation systems above roof deck. The CBC and RBC classifications and the HIC and CIC specialties also provide for this function.

"Steel erection contracting" (Abbr: STL) means the service that provides for the fabrication and erection of structural steel shapes and plates, regardless of shape or size, to be used as structural members, or tanks, including any related riveting, welding, and rigging. This specialty includes the fabrication, placement and tying of steel reinforcing bars (rods), and post-tensioning to reinforce concrete buildings and structures. The CBC, RBC, and H/H classifications and HIC and CIC specialties also provide for this function.

"Swimming pool construction contracting" (Abbr: POL) means the service that provides for the construction, repair, improvement, or removal of in-ground swimming pools. The CBC, RBC, and H/H classifications and the RFC specialty also provide for this function. No trade related plumbing, electrical, backflow, or HVAC work is included in this specialty.

"Tile, marble, ceramic, and terrazzo contracting" (Abbr: TMC) means the service that provides for the preparation, fabrication, construction, and installation of artificial marble, burned clay tile, ceramic, terrazzo, encaustic, faience, quarry, semi-vitreous, cementitious board, and other tile, excluding hollow or structural partition tile. The CBC and RBC classifications and HIC and CIC specialties also provide for this function.

"Underground utility and excavating contracting" (Abbr: UUC) means the service that provides for the construction, repair, improvement, or removal of water, gas, and sewer connections to residential, commercial, and industrial sites, subject to local ordinances. This specialty may install empty underground conduits in rights-of way, easements, platted rights-of-way in new site development, and sleeves for parking lot crossings if each conduit system does not include installation of any conductor wiring or connection to an energized electrical system. The H/H classification also provides for this function.

"Vessel construction contracting" (Abbr: VCC) means the service that provides for the construction, repair, improvement, or removal of nonresidential vessels, tanks, or piping that hold or convey fluids other than sanitary, storm, waste, or potable water supplies. The H/H classification also provides for this function.

"Water well/pump contracting" (Abbr: WWP) means the service that provides for the installation of a water well system, including geothermal wells, which includes construction of a water well to reach groundwater, as defined in § 62.1-255 of the Code of Virginia, and the installation of the well pump and tank, including pipe and wire, up to and including the point of connection to the plumbing and electrical systems. No other classification or specialty service provides for construction of water wells. This regulation shall not exclude the PLB, ELE, or HVA classification from installation of pumps and tanks.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from VR220-01-2:1 § 1.3, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, eff. September 1, 2001; Volume 22, Issue 8, eff. February 1, 2006; Volume 29, Issue 3, eff. December 1, 2012; Volume 30, Issue 6, eff. January 1, 2014; Volume 32, Issue 3, eff. January 1, 2016; Volume 32, Issue 11, eff. March 1, 2016; Volume 34, Issue 6, eff. January 1, 2018; Volume 35, Issue 21, eff. August 1, 2019; Volume 38, Issue 11, eff. February 16, 2022; Volume 41, Issue 25, eff. September 1, 2025; Errata, 43:1 VA.R. XXX August 24, 2026.

18VAC50-22-35 Application procedures

A. All applicants seeking licensure must submit an application with the appropriate fee specified in 18VAC50-22-100. Applications must be made on forms provided by the board or the board's agent and signed by all parties outlined in 18VAC50-22-40, 18VAC50-22-50, or 18VAC50-22-60.

By submitting the application to the department, the applicant certifies that the applicant has read and understands the applicable statutes and the board's regulations.
The receipt of an application and the deposit of the fees by the board do not indicate approval of the application by the board.

B. The board may make further inquiries and investigations with respect to the applicant's qualifications and information disclosed on the application to confirm or amplify information supplied. All applications must be completed in accordance with the instructions contained in this section and on the application. Applications will not be considered complete until all required documents are received by the board.

C. The applicant will be notified of receipt of initial application if the application is incomplete. Applicants who fail to complete the application process within 12 months of receipt of the application in the board's office must submit a new application.

D. The applicant must immediately report all changes in information supplied with the application, if applicable, prior to the issuance of the license or expiration of the application.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 41, Issue 23, eff. September 1, 2025.

Part II Entry

18VAC50-22-40 Requirements for a Class C license

A. A firm applying for a Class C license must meet the requirements of this section.

B. For every classification or specialty in which the firm seeks to be licensed, the firm must name a qualified individual who meets the following requirements:

Is at least 18 years of age;
Has a minimum of one year of experience in the classification or specialty for which the individual is the qualifier;
Is a full-time employee of the firm or is a member of the responsible management of the firm; and
Has met the appropriate prerequisite and board-approved examination, where applicable, for any classification or specialty service specified in 18VAC50-22-61 or has completed a board-approved examination for all other classifications and specialty services that do not require other certification or licensure. For the miscellaneous contracting (MSC) specialty service, the applicant must provide documentation acceptable to the board of the qualified individual's experience in the scope of practice for which the specialty service is being sought. All such applications will be considered by the board in accordance with the provisions of §§ 2.2-4019 and 2.2-4020 of the Code of Virginia.

C. The firm must provide information for the past three years prior to application on any outstanding, past-due debts and judgments; outstanding tax obligations; defaults on bonds; or pending or past bankruptcies. The firm and all members of the responsible management of the firm must submit information on any past-due debts and judgments or defaults on bonds directly related to the practice of contracting as defined in Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1 of the Code of Virginia.

D. The firm and all members of the responsible management of the firm must disclose at the time of application any current or previous contractor licenses held in Virginia or in other jurisdictions and any disciplinary actions taken on these licenses. This includes any monetary penalties, fines, suspensions, revocations, surrender of a license in connection with a disciplinary action, or voluntary termination of a license in Virginia or in any other jurisdiction.

E. In accordance with § 54.1-204 of the Code of Virginia, all applicants must disclose the following information about the firm, all members of the responsible management, and the qualified individual for the firm:

All non-marijuana misdemeanor convictions within three years of the date of application; and
All felony convictions.

F. A member of responsible management must complete a board-approved basic business course.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from VR220-01-2:1 § 2.1, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, eff. September 1, 2001; Volume 25, Issue 3, eff. December 1, 2008; Volume 29, Issue 3, eff. December 1, 2012; Volume 32, Issue 3, eff. January 1, 2016; Volume 34, Issue 6, eff. January 1, 2018; Volume 35, Issue 21, eff. August 1, 2019; Volume 38, Issue 5, eff. December 1, 2021; Volume 38, Issue 11, eff. February 16, 2022; Volume 41, Issue 23, eff. September 1, 2025.

18VAC50-22-50 Requirements for a Class B license

A. A firm applying for a Class B license must meet the requirements of this section.

B. The firm must name a designated employee who meets the following requirements:

Is at least 18 years of age;
Is a full-time employee of the firm or is a member of responsible management;
Has passed a board-approved examination as required by § 54.1-1108 of the Code of Virginia or has been exempted from the examination requirement in accordance with § 54.1-1108.1 of the Code of Virginia; and
Has followed all rules established by the board or by the testing service acting on behalf of the board with regard to conduct at the examination. Such rules include any written instructions communicated prior to the examination date and any oral or written instructions given at the site on the date of the examination.

C. For every classification or specialty in which the firm seeks to be licensed, the firm must name a qualified individual who meets the following requirements:

Is at least 18 years of age;
Has a minimum of three years of experience in the classification or specialty for which the individual is the qualifier;
Is a full-time employee of the firm or is a member of the responsible management of the firm; and
Has met the appropriate prerequisite and board-approved examination, where applicable, for any classification or specialty service specified in 18VAC50-22-61 or has completed a board-approved examination for all other classifications and specialty services that do not require other certification or licensure. For the miscellaneous contracting (MSC) specialty service, the applicant must provide documentation acceptable to the board of the qualified individual's experience in the scope of practice for which the specialty service is being sought. All such applications will be considered by the board in accordance with the provisions of §§ 2.2-4019 and 2.2-402 of the Code of Virginia.

D. Each firm must submit information on its financial position. Excluding any property owned as tenants by the entirety, the firm must verify a net worth or equity of $15,000 or more by submitting a completed financial statement with supporting documentation, a financial statement reviewed by a certified public accountant (CPA), or a CPA audit. In lieu of this requirement, the firm may obtain a $50,000 surety bond on the board's bond form.

E. Each firm must provide information for the four years prior to application on any outstanding, past-due debts and judgments; outstanding tax obligations; defaults on bonds; or pending or past bankruptcies. The firm, its designated employee, and all members of the responsible management of the firm must submit information on any past-due debts and judgments or defaults on bonds directly related to the practice of contracting as defined in Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1 of the Code of Virginia.

F. The firm, the designated employee, and all members of the responsible management of the firm must disclose at the time of application any current or previous substantial identities of interest with any contractor licenses issued in Virginia or in other jurisdictions and any disciplinary actions taken on these licenses. This includes any monetary penalties, fines, suspension, revocation, or surrender of a license in connection with a disciplinary action. The board, in its discretion, may deny licensure to any applicant when any of the parties listed in this subsection have had a substantial identity of interest (as deemed in § 54.1-1110 of the Code of Virginia) with any firm that has had a license suspended, revoked, voluntarily terminated, or surrendered in connection with a disciplinary action in Virginia or any other jurisdiction.

G. In accordance with § 54.1-204 of the Code of Virginia, all applicants must disclose the following information about the firm, designated employee, all members of the responsible management, and the qualified individual for the firm:

All non-marijuana misdemeanor convictions within three years of the date of application; and
All felony convictions.

H. The designated employee or a member of responsible management must successfully complete a board-approved basic business course.

History

Statutory Authority: § 54.1-201 and of the Code of Virginia.
Historical Notes: Derived from VR220-01-2:1 § 2.2, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, eff. September 1, 2001; Volume 22, Issue 8, eff. February 1, 2006; Volume 25, Issue 3, eff. December 1, 2008; Volume 29, Issue 3, eff. December 1, 2012; Volume 32, Issue 3, eff. January 1, 2016; Volume 34, Issue 6, eff. January 1, 2018; Volume 35, Issue 21, eff. August 1, 2019; Volume 38, Issue 5, eff. December 1, 2021; Volume 38, Issue 11, eff. February 16, 2022; Volume 41, Issue 23, eff. September 1, 2025.

18VAC50-22-60 Requirements for a Class A license

A. A firm applying for a Class A license must meet all of the requirements of this section.

B. The firm must name a designated employee who meets the following requirements:

Is at least 18 years of age;
Is a full-time employee of the firm or is a member of the responsible management of the firm;
Has passed a board-approved examination as required by § 54.1-1106 of the Code of Virginia or has been exempted from the examination requirement in accordance with § 54.1-1108.1 of the Code of Virginia; and
Has followed all rules established by the board or by the testing service acting on behalf of the board with regard to conduct at the examination. Such rules include any written instructions communicated prior to the examination date and any oral or written instructions given at the site on the day of the examination.

C. For every classification or specialty in which the firm seeks to be licensed, the firm must name a qualified individual who meets the following requirements:

Is at least 18 years of age;
Has a minimum of five years of experience in the classification or specialty for which the individual is the qualifier;
Is a full-time employee of the firm or is a member of the responsible management of the firm; and
Has met the appropriate prerequisite and board-approved examination, where applicable, for any classification or specialty service specified in 18VAC50-22-61 or has completed a board-approved examination for all other classifications and specialty services that do not require other certification or licensure. For the miscellaneous contracting (MSC) specialty service, the applicant must provide documentation acceptable to the board of the qualified individual's experience in the scope of practice for which the specialty service is being sought. All such applications will be considered by the board in accordance with the provisions of §§ 2.2-4019 and 2.2-402 of the Code of Virginia.

D. Each firm must submit information on its financial position. Excluding any property owned as tenants by the entirety, the firm must verify a net worth or equity of $45,000 by submitting a completed financial statement with supporting documentation, a financial statement reviewed by a certified public accountant (CPA), or a CPA audit. In lieu of this requirement, the firm may obtain a $50,000 surety bond on the board's bond form.

E. The firm must provide information for the five years prior to application on any outstanding, past-due debts and judgments; outstanding tax obligations; defaults on bonds; or pending or past bankruptcies. The firm, its designated employee, and all members of the responsible management of the firm must submit information on any past-due debts and judgments or defaults on bonds directly related to the practice of contracting as defined in Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1 of the Code of Virginia.

F. The firm, the designated employee, and all members of the responsible management of the firm must disclose at the time of application any current or previous substantial identities of interest with any contractor licenses issued in Virginia or in other jurisdictions and any disciplinary actions taken on these licenses. This includes any monetary penalties, fines, suspensions, revocations, or surrender of a license in connection with a disciplinary action. The board, in its discretion, may deny licensure to any applicant when any of the parties listed in this subsection have had a substantial identity of interest (as deemed in § 54.1-1110 of the Code of Virginia) with any firm that has had a license suspended, revoked, voluntarily terminated, or surrendered in connection with a disciplinary action in Virginia or in any other jurisdiction.

G. In accordance with § 54.1-204 of the Code of Virginia, all applicants must disclose the following information about the firm, all members of the responsible management, the designated employee, and the qualified individual for the firm:

All non-marijuana misdemeanor convictions within three years of the date of application; and
All felony convictions.

H. The designated employee or a member of responsible management must successfully complete a board-approved basic business course.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from VR220-01-2:1 § 2.3, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, eff. September 1, 2001; Volume 22, Issue 8, eff. February 1, 2006; Volume 25, Issue 3, eff. December 1, 2008; Volume 29, Issue 3, eff. December 1, 2012; Volume 32, Issue 3, eff. January 1, 2016; Volume 34, Issue 6, eff. January 1, 2018; Volume 35, Issue 21, eff. August 1, 2019; Volume 38, Issue 5, eff. December 1, 2021; Volume 38, Issue 11, eff. February 16, 2022; Volume 41, Issue 23, eff. September 1, 2025.

18VAC50-22-61 Qualifications for classifications and specialties

For the following classifications or specialty services, the qualified individual must meet the qualifications specified in this section:

| Classification or Specialty Service | Prerequisites | Board-Approved Examination | | --- | --- | --- | | Accessibility services contracting (ASC) | Accessibility mechanic certification issued by the Board for Contractors | No | | Accessibility services contracting - LULA (ASL) | Accessibility mechanic certification with the LULA endorsement issued by the Board for Contractors | No | | Alternative energy system contracting (AES) | Years of experience based on class of license; or | Yes | | Qualify and obtain the roofing contracting (ROC) specialty service by examination and complete the North American Board of Certified Energy Practitioners (NABCEP) certification or a board-approved certification | | | | Alternative sewage disposal system contracting (ADS) | Master alternative onsite sewage system installer license issued by the Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals | No | | Asbestos contracting (ASB) | Asbestos supervisor's license issued by the Virginia Board for Asbestos, Lead, and Home Inspectors | No | | Blast/explosive contracting (BEC) | Blaster certification issued by the Department of Fire Programs | No | | Conventional sewage disposal system contracting (CDS) | Master conventional onsite sewage system installer license issued by the Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals | No | | Drug lab remediation contracting (DLR) | Remediation course approved by the Board for Contractors | No | | Electrical contractors (ELE) | Master electrician tradesman license issued by the Board for Contractors | No | | Elevator/Escalator contracting (EEC) | Elevator mechanic certification issued by the Board for Contractors | No | | Fire sprinkler contracting (SPR) | National Institute for Certification in Engineering Technologies (NICET) - Sprinkler level III or higher certification; or | No | | Professional engineer license issued by the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects | | | | Gas fitting contracting (GFC) | Master gas fitter license issued by the Board for Contractors | No | | HVAC contractors (HVA) | Master HVAC tradesman license issued by the Board for Contractors | No | | Lead abatement contracting (LAC) | Lead abatement supervisor license issued by the Virginia Board for Asbestos, Lead, and Home Inspectors | No | | Liquefied petroleum gas contracting (LPG) | Master liquefied petroleum gas fitter license issued by the Board for Contractors | No | | Manufactured home contracting (MHC) | Manufactured Housing Installer Certification issued by the Department of Housing and Community Development | No | | Natural gas fitting provider contracting (NGF) | Master natural gas fitter provider license issued by the Board for Contractors | No | | Plumbing contractors (PLB) | Master plumber tradesman license issued by the Board for Contractors | No | | Radon mitigation contracting (RMC)* | Certificate issued by National Radon Proficiency Program (NRPP) or the National Radon Safety Board (NRSB) *Must also qualify and obtain one of the following by examination: commercial building contractors (CBC) classification, commercial improvement contracting (CIC) specialty service, farm improvement contracting (FIC) specialty service, home improvement contracting (HIC) specialty service, or residential building contractors (RBC) classification. | No | | Waterwell/pump contracting (WWP) | Master water well systems provider license issued by the Board for Contractors | No |

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 41, Issue 23, eff. September 1, 2025.

18VAC50-22-62 Requirements for residential building energy analyst firm

A. An applicant for a residential building energy analyst firm license must meet the requirements of this section.

B. The firm must name a qualified individual who meets all of the following requirements:

Is at least 18 years of age;
Holds a current individual residential building energy analyst license issued by the board; and
Is a full-time employee of the firm or is a member of the responsible management of the firm.

C. The applicant must provide documentation, acceptable to the board, that the firm currently carries a minimum of $500,000 of general liability insurance from a company authorized to provide such insurance in the Commonwealth of Virginia.

D. The firm, the qualified individual, and all members of the responsible management of the firm must disclose at the time of application (i) any current or previous energy analyst or home inspection licenses held in Virginia or in other jurisdictions and (ii) any disciplinary actions taken on these licenses. This includes any monetary penalties, fines, suspensions, revocations, surrender of a license in connection with a disciplinary action, or voluntary termination of a license in Virginia or in any other jurisdiction.

E. The firm must provide information for the past five years prior to application on any outstanding past-due debts, outstanding judgments, outstanding tax obligations, defaults on bonds, or pending or past bankruptcies. The firm, its qualified individual, and all members of the responsible management of the firm shall submit information on any past-due debts and judgments or defaults on bonds directly related to the practice of residential building energy analysis as defined in § 54.1-1144 of the Code of Virginia.

F. In accordance with § 54.1-204 of the Code of Virginia, all applicants must disclose the following information about the firm, all members of the responsible management, and the qualified individual for the firm:

All non-marijuana misdemeanor convictions within three years of the date of application; and
All felony convictions.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 3, eff. January 1, 2016; amended, Virginia Register Volume 38, Issue 5, eff. December 1, 2021; Volume 41, Issue 23, eff. September 1, 2025.

18VAC50-22-65 Temporary licenses

A. A firm applying for a temporary license must meet all of the requirements of § 54.1-201.1 of the Code of Virginia, including the simultaneous submission of a completed application for licensure, and the provisions of this section.

B. A firm must hold a comparable license or certificate in another state and provide verification of current licensure or certification from the other state in a format acceptable to the board. The license or certificate, as applicable, must be in good standing and have comparable qualifications to the Virginia license applied for by the firm.

C. The following provisions apply to a temporary license issued by the board:

A temporary license will not be renewed.
A firm will not be issued more than one temporary license.
The issuance of the license will void the temporary license.
If the board denies approval of the application for a license, the temporary license will be automatically suspended.

D. Any firm continuing to practice as a contractor after a temporary license has expired or been suspended and that has not obtained a comparable license or certificate may be prosecuted and fined by the Commonwealth under § 54.1-111 A 1 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-201 and 54.1-1102 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 30, Issue 6, eff. January 1, 2014; amended, Virginia Register Volume 41, Issue 23, eff. September 1, 2025.

18VAC50-22-66 Board's disciplinary authority over temporary license holders

A. A temporary licensee is subject to all laws and regulations of the board and will remain under and be subject to the disciplinary authority of the board during the period of temporary licensure.

B. The licensee will be subject to disciplinary action for any violations of Virginia statutes or regulations during the period of temporary licensure.

History

Statutory Authority: §§ 54.1-201 and 54.1-1102 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 30, Issue 6, eff. January 1, 2014; amended, Virginia Register Volume 41, Issue 23, eff. September 1, 2025.

18VAC50-22-70 Qualifications for licensure by reciprocity or substantial equivalency

Firms originally licensed in a state with which the board has a reciprocal agreement or whose eligibility criteria are substantially equivalent may obtain a Virginia contractor's license in accordance with the terms of that agreement.

History

Statutory Authority: §§ 54.1-201 and 54.1-1102 of the Code of Virginia.
Historical Notes: Derived from VR220-01-2:1 § 2.4, eff. March 31, 1995; amended, Virginia Register Volume 29, Issue 3, eff. December 1, 2012.

18VAC50-22-80 Examination fees

History

Statutory Authority: §§ 54.1-201 and 54.1-1102 of the Code of Virginia.
Historical Notes: Derived from VR220-01-2:1 § 2.5, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, eff. September 1, 2001; Volume 42, Issue 13, eff. March 11, 2026.

18VAC50-22-90 Past due recovery fund assessments

No license will be issued to an applicant whose previous license or registration was suspended for nonpayment of a Virginia Contractor Transaction Recovery Fund assessment until all past-due assessments have been paid.

History

Statutory Authority: §§ 54.1-201 and 54.1-1102 of the Code of Virginia.
Historical Notes: Derived from VR220-01-2:1 § 2.6, eff. March 31, 1995; amended, Virginia Register Volume 41, Issue 25, eff. September 1, 2025.

18VAC50-22-100 Fees

All fees required by the board are nonrefundable. In the event that a check, money draft, or similar instrument for payment of a fee required by statute or regulation is not honored by the bank or financial institution named, the applicant or regulant will be required to remit fees sufficient to cover the original fee, plus an additional processing charge set by the department:

| Fee Type | When Due | Amount Due | | --- | --- | --- | | Class C Initial License | with license application | $235 | | Class B Initial License | with license application | $380 | | Class A Initial License | with license application | $400 | | Temporary License | with license application and applicable initial license fee | $60 | | Residential Building Energy Analyst Firm License | with license application | $240 | | Change of Designated Employee | with change application | $125 | | Change of Qualified Individual | with change application | $125 | | Addition of Classification or Specialty | with addition application | $125 |

In accordance with § 54.1-1119 of the Code of Virginia, a $25 Recovery Fund assessment is also required with each initial license application. No Recovery Fund assessment is required for residential building energy analyst firm license, change of designated employee, change of qualified individual, or addition of classification or specialty.

History

Statutory Authority: §§ 54.1-201, 54.1-1102, and 54.1-1146 of the Code of Virginia.
Historical Notes: Derived from VR220-01-2:1 § 2.7, eff. March 31, 1995; amended, Virginia Register Volume 13, Issue 5, eff. January 1, 1997; Volume 15, Issue 12, eff. May 1, 1999; Volume 17, Issue 21, eff. September 1, 2001; Volume 19, Issue 6, eff. January 1, 2003; Volume 21, Issue 20, eff. August 1, 2005; Volume 26, Issue 11, eff. April 1, 2010; Volume 30, Issue 6, eff. January 1, 2014; Volume 32, Issue 3, eff. January 1, 2016; Volume 41, Issue 22, eff. August 1, 2025; Volume 41, Issue 25, eff. September 1, 2025; Errata, 42:1 VA.R. 221 August 25, 2025; amended, Virginia Register Volume 42, Issue 1, eff. September 24, 2025.

Part III Renewal

18VAC50-22-110 Renewal required

Licenses issued under this chapter will expire two years from the last day of the month in which they were issued, as indicated on the license.

History

Statutory Authority: §§ 54.1-201 and 54.1-1102 of the Code of Virginia.
Historical Notes: Derived from VR220-01-2:1 § 3.1, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, eff. September 1, 2001; Volume 41, Issue 25, eff. September 1, 2025.

18VAC50-22-120 Procedures for renewal

The Department of Professional and Occupational Regulation will mail a notice of renewal to the licensee at the last known address of record. Failure to receive this notice does not relieve the licensee of the obligation to renew. If the licensee does not receive the notice of renewal, a copy of the license may be substituted with the required fee.

History

Statutory Authority: §§ 54.1-201 and 54.1-1102 of the Code of Virginia.
Historical Notes: Derived from VR220-01-2:1 § 3.2, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, eff. September 1, 2001; Volume 41, Issue 25, eff. September 1, 2025.

18VAC50-22-130 Qualifications for renewal

A. The license holder's completed renewal form and appropriate fees must be received within 30 days of the license expiration date in order to renew the license. Licenses are not valid during the 30-day grace period. Applications and fees received after the 30-day period will be processed in accordance with Part IV (18VAC50-22-160 et seq.) of this chapter.

B. Applicants for renewal of a Class C license must continue to meet all of the qualifications for licensure set forth in 18VAC50-22-40. Applicants for renewal of a Class B license must continue to meet all of the qualifications for licensure set forth in 18VAC50-22-50. Applicants for renewal of a Class A license must continue to meet all of the qualifications for licensure set forth in 18VAC50-22-60.

C. Applicants for renewal of a residential building energy analyst firm license must continue to meet all of the qualifications for licensure set forth in 18VAC50-22-62 and shall submit proof of insurance as required in 18VAC50-22-62 C.

History

Statutory Authority: §§ 54.1-201, 54.1-1102, and 54.1-1146 of the Code of Virginia.
Historical Notes: Derived from VR220-01-2:1 § 3.3, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, eff. September 1, 2001; Volume 32, Issue 3, eff. January 1, 2016; Volume 41, Issue 25, eff. September 1, 2025.

18VAC50-22-140 Renewal fees

In the event that a check, money draft, or similar instrument for payment of a fee required by statute or regulation is not honored by the bank or financial institution named, the applicant or regulant will be required to remit fees sufficient to cover the original fee, plus an additional processing charge set by the department:

| Fee Type | When Due | Amount Due | | --- | --- | --- | | Class C renewal* | with renewal application | $220 | | Class B renewal* | with renewal application | $260 | | Class A renewal* | with renewal application | $270 | | Residential Building Energy Analyst Firm renewal | with renewal application | $220 | | *A $30 Recovery Fund assessment is also required with each contractor license renewal. | | |

The date on which the renewal fee is received by the department or the department's agent will determine whether the licensee is eligible for renewal or must apply for reinstatement.

History

Statutory Authority: §§ 54.1-201, 54.1-1102, and 54.1-1146 of the Code of Virginia.
Historical Notes: Derived from VR220-01-2:1 § 3.4, eff. March 31, 1995; amended, Virginia Register Volume 13, Issue 5, eff. January 1, 1997; Volume 15, Issue 12, eff. May 1, 1999; Volume 17, Issue 21, eff. September 1, 2001; Volume 19, Issue 6, eff. January 1, 2003; Volume 21, Issue 20, eff. August 1, 2005; Volume 26, Issue 11, eff. April 1, 2010; Volume 31, Issue 20, eff. August 1, 2015; Volume 32, Issue 3, eff. January 1, 2016; Volume 33, Issue 19, eff. July 1, 2017; Volume 35, Issue 21, eff. August 1, 2019; Volume 38, Issue 6, eff. December 8, 2021; Volume 39, Issue 21, eff. September 1, 2023; Volume 41, Issue 22, eff. August 1, 2025; Volume 41, Issue 25, eff. September 1, 2025.

18VAC50-22-150 Board discretion to deny renewal

A. The board may deny renewal of a license for the same reasons as it may refuse initial licensure or discipline a licensee. The licensee has a right to request further review of any such action by the board under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

B. Failure to timely pay any monetary penalty, reimbursement of cost, or other fee assessed by consent order or final order may result in delaying or withholding services provided by the department, such as renewal, reinstatement, processing a new application, or exam administration.

History

Statutory Authority: §§ 54.1-201 and 54.1-1102 of the Code of Virginia.
Historical Notes: Derived from VR220-01-2:1 § 3.5, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, eff. September 1, 2001; Volume 41, Issue 25, eff. September 1, 2025.

Part IV Reinstatement

18VAC50-22-160 Reinstatement required

A. If all requirements for renewal of a license as specified in 18VAC50-22-130 are not completed within 30 days of the license expiration date, the licensee will be required to reinstate the license by meeting all renewal requirements and by paying the reinstatement fee specified in 18VAC50-22-170.

B. A license may be reinstated for up to 24 months following the expiration date. After 24 months, the license may not be reinstated and the firm must meet all current entry requirements and apply as a new applicant.

C. Any regulated activity conducted subsequent to the license expiration date may constitute unlicensed activity and be subject to prosecution under Chapter 1 (§ 54.1-100 et seq.) and Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-201, 54.1-1102, and 54.1-1146 of the Code of Virginia.
Historical Notes: Derived from VR220-01-2:1 § 4.1, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, eff. September 1, 2001; Volume 32, Issue 3, eff. January 1, 2016; Volume 41, Issue 25, eff. September 1, 2025.

18VAC50-22-170 Reinstatement fees

| Fee Type | When Due | Amount Due | | --- | --- | --- | | Class C reinstatement** | with reinstatement application | $460* | | Class B reinstatement** | with reinstatement application | $550* | | Class A reinstatement** | with reinstatement application | $550* | | Residential Building Energy Analyst Firm reinstatement | with reinstatement application | $460* | | *Includes renewal fee listed in 18VAC50-22-140. **The Recovery Fund assessment specified in 18VAC50-22-140 is also required to reinstate a contractor license. | | |

The date on which the reinstatement fee is received by the department or the department's agent will determine whether the licensee is eligible for reinstatement or must apply for a new license and meet the entry requirements in place at the time of that application. In order to ensure that licensees are qualified to practice as contractors, no reinstatement will be permitted once two years from the expiration date of the license have passed.

History

Statutory Authority: §§ 54.1-201, 54.1-1102, and 54.1-1146 of the Code of Virginia.
Historical Notes: Derived from VR220-01-2:1 § 4.2, eff. March 31, 1995; amended, Virginia Register Volume 13, Issue 5, eff. January 1, 1997; Volume 17, Issue 21, eff. September 1, 2001; Volume 19, Issue 6, eff. January 1, 2003; Volume 21, Issue 20, eff. August 1, 2005; Volume 26, Issue 11, eff. April 1, 2010; Volume 31, Issue 20, eff. August 1, 2015; Volume 32, Issue 3, eff. January 1, 2016; Errata, 32:5 VA.R. 758 November 2, 2015; Volume 33, Issue 19, eff. July 1, 2017; Volume 35, Issue 21, eff. August 1, 2019; Volume 38, Issue 6, eff. December 8, 2021; Volume 39, Issue 21, eff. September 1, 2023; Volume 41, Issue 22, eff. August 1, 2025; Volume 41, Issue 25, eff. September 1, 2025.

18VAC50-22-180 Status of licensee during the period prior to reinstatement

A. When a license is reinstated, the licensee will continue to have the same license number and be assigned an expiration date two years from the previous expiration date of the license.

B. A contractor who reinstates a license shall be regarded as having been continuously licensed without interruption. Therefore:

The contractor will remain under the disciplinary authority of the board during this entire period and may be held accountable for activities during this period.
A consumer who contracts with a contractor during the period between the expiration of the license and the reinstatement of the license will not be prohibited from making a claim on the Virginia Contractor Transaction Recovery Fund.

A contractor who fails to reinstate his license will be regarded as unlicensed from the expiration date of the license forward.

Nothing in this chapter will divest the board of its authority to discipline a contractor for a violation of the law or regulations during the period of time for which the contractor was licensed.

C. A residential building energy analyst firm that reinstates its license will be regarded as having been continuously licensed without interruption and remain under the disciplinary authority of the board during this entire period and may be held accountable for its activities during this period.

History

Statutory Authority: §§ 54.1-201, 54.1-1102, and 54.1-1146 of the Code of Virginia.
Historical Notes: Derived from VR220-01-2:1 § 4.3, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, eff. September 1, 2001; Volume 32, Issue 3, eff. January 1, 2016; Volume 41, Issue 25, eff. September 1, 2025.

18VAC50-22-190 Board discretion to deny reinstatement

A. The board may deny reinstatement of a license for the same reasons as it may refuse initial licensure or discipline a licensee. The licensee has a right to request further review of any such action by the board under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

B. Failure to timely pay any monetary penalty, reimbursement of cost or other fee assessed by consent order or final order shall result in delaying or withholding services provided by the department, such as renewal, reinstatement, processing of a new application, or exam administration.

History

Statutory Authority: §§ 54.1-201 and 54.1-1102 of the Code of Virginia.
Historical Notes: Derived from VR220-01-2:1 § 4.4, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, eff. September 1, 2001; Volume 41, Issue 25, eff. September 1, 2025.

Part V Standards of Practice and Conduct

18VAC50-22-200 Remedial education, revocation or suspension; fines

The board may impose remedial education and a monetary penalty in accordance with § 54.1-202 A of the Code of Virginia or revoke or suspend any license when a licensee has been found to have violated or cooperated with others in violating any provision of the regulations of the board or Chapter 1 (§ 54.1-100 et seq.) or Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-201 and 54.1-1102 of the Code of Virginia.
Historical Notes: Derived from VR220-01-2:1 § 5.1, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, eff. September 1, 2001; Volume 41, Issue 25, eff. September 1, 2025.

18VAC50-22-210 Change of business entity requires a new license

Licenses are issued to firms and are not transferable. Whenever the legal business entity holding the license is dissolved or altered to form a new business entity, the original license becomes void and shall be returned to the board within 30 days of the change. Additionally, the firm must apply for a new license, on a form provided by the board, within 30 days of the change in the business entity. Such changes include:

Death of a sole proprietor;
Death or withdrawal of a general partner in a general partnership or the managing partner in a limited partnership; and
Formation or dissolution of a corporation, a limited liability company, or an association or any other business entity recognized under the laws of the Commonwealth.

History

Statutory Authority: §§ 54.1-201 and 54.1-1102 of the Code of Virginia.
Historical Notes: Derived from VR220-01-2:1 § 5.2, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, eff. September 1, 2001; Volume 29, Issue 3, eff. December 1, 2012; Volume 41, Issue 25, eff. September 1, 2025.

18VAC50-22-220 Change of responsible management, designated employee, or qualified individual

A. Any change in the principals of a corporation, a limited liability company, or an association must be reported to the board in writing within 120 days of the change.

B. Any change of designated employee must be reported on a form provided by the board within 120 days of the change. The new designated employee for a Class B licensee must meet the requirements of 18VAC50-22-50 B. The new designated employee for a Class A licensee must meet the requirements of 18VAC50-22-60 B. More than one individual associated with a single firm may complete the examination requirements necessary for eligibility as the designated employee.

C. Any change of qualified individual must be reported on a form provided by the board within 60 days of the change. The new qualified individual for a Class C licensee must meet the requirements of 18VAC50-22-40 B. The new qualified individual for a Class B licensee must meet the requirements of 18VAC50-22-50 C. The new qualified individual for a Class A licensee must meet the requirements of 18VAC50-22-60 C.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from VR220-01-2:1 § 5.3, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, eff. September 1, 2001; Volume 36, Issue 2, eff. November 1, 2019; Volume 41, Issue 25, eff. September 1, 2025.

18VAC50-22-230 Change of name or address

A. A licensee must operate under the name in which the license is issued. Any name change must be reported in writing to the board within 30 days of the change. The board will not be responsible for the licensee's failure to receive notices or correspondence due to the licensee's not having reported a change of name.

B. Any change of the address of record or principal place of business must be reported in writing to the board within 30 days of the change. The board will not be responsible for the licensee's failure to receive notices or correspondence due to the licensee's not having reported a change of address.

History

Statutory Authority: §§ 54.1-201 and 54.1-1102 of the Code of Virginia.
Historical Notes: Derived from VR220-01-2:1 § 5.4, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, eff. September 1, 2001; Volume 29, Issue 3, eff. December 1, 2012; Volume 41, Issue 25, eff. September 1, 2025.

18VAC50-22-240 Deletion or addition of a classification or specialty

A. A licensee wishing to delete a classification or specialty from its license must notify the board in writing. If a licensee has only one classification or specialty, deletion of that classification or specialty will result in termination of the license.

B. A licensee wishing to add a classification or specialty to its license must complete a form provided by the board. A Class C licensee seeking an additional classification or specialty must meet the requirements of 18VAC50-22-40 B for the new classification or specialty. A Class B licensee seeking an additional classification or specialty must meet the requirements of 18VAC50-22-50 C for the new classification or specialty. A Class A licensee seeking an additional classification or specialty must meet the requirements of 18VAC50-22-60 C for the new classification or specialty.

History

Statutory Authority: §§ 54.1-201 and 54.1-1102 of the Code of Virginia.
Historical Notes: Derived from VR220-01-2:1 § 5.5, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, eff. September 1, 2001; Volume 41, Issue 25, eff. September 1, 2025.

18VAC50-22-250 (Repealed.)

History

Historical Notes: Derived from VR220-01-2:1 § 5.6, eff. March 31, 1995; amended, Virginia Register Volume 13, Issue 5, eff. January 1, 1997; Volume 17, Issue 21, eff. September 1, 2001; Volume 19, Issue 6, eff. January 1, 2003; Volume 21, Issue 20, eff. August 1, 2005; Volume 26, Issue 11, eff. April 1, 2010; repealed, Virginia Register Volume 41, Issue 25, eff. September 1, 2025.

18VAC50-22-260 Filing of charges; prohibited acts

A. All complaints against contractors and residential building energy analyst firms may be filed with the Department of Professional and Occupational Regulation at any time during business hours, pursuant to § 54.1-1114 of the Code of Virginia.

B. The following acts are prohibited acts:

Failure in any material way to comply with provisions of Chapter 1 (§ 54.1-100 et seq.) or Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1 of the Code of Virginia or the regulations of the board.
Furnishing substantially inaccurate or incomplete information to the board in obtaining, renewing, reinstating, or maintaining a license.
Failure of the responsible management, designated employee, or qualified individual to report to the board, in writing, the suspension or revocation of a contractor license by another state or conviction in a court of competent jurisdiction of a building code violation.
Publishing or causing to be published any advertisement relating to contracting that contains an assertion, representation, or statement of fact that is false, deceptive, or misleading.
Negligence or incompetence in the practice of contracting or residential building energy analyses.
Misconduct in the practice of contracting or residential building energy analyses.
A finding of improper or dishonest conduct in the practice of contracting by a court of competent jurisdiction or by the board.
Failure of all those who engage in residential contracting, excluding subcontractors to the contracting parties and those who engage in routine maintenance or service contracts, to make use of a legible written contract clearly specifying the terms and conditions of the work to be performed. For the purposes of this chapter, residential contracting means construction, removal, repair, or improvements to single-family or multiple-family residential buildings, including accessory-use structures as defined in § 54.1-1100 of the Code of Virginia. Prior to commencement of work or acceptance of payments, the contract shall be signed by both the consumer and the licensee or the licensee's agent.
Failure of those engaged in residential contracting as defined in this chapter to comply with the terms of a written contract that contains the following minimum requirements:

a. When work is to begin and the estimated completion date;

b. A statement regarding total cost of the project with regards to the type of contract being specified:

(1) Standard total value project: a statement of the total cost of the project;

(2) Cost plus: a statement identifying the type of cost-plus contract, fee or percentage, and a cap that the total dollar amount cannot exceed; or

(3) Time and materials: a fixed price for labor that includes wages, overhead, general and administrative costs, and cost of materials;

c. The amounts and schedule for progress payments, including a specific statement on the amount of the down payment;

d. A listing of specified materials and work to be performed, which is specifically requested by the consumer;

e. A "plain-language" exculpatory clause concerning events beyond the control of the contractor and a statement explaining that delays caused by such events do not constitute abandonment and are not included in calculating timeframes for payment or performance;

f. A statement of assurance that the contractor will comply with all local requirements for building permits, inspections, and zoning;

g. Disclosure of the cancellation rights of the parties;

h. A signed acknowledgment by the consumer that the consumer has been provided with and read the Department of Professional and Occupational Regulation statement of protection available to consumers through the Board for Contractors;

i. Contractor's name, address, license number, class of license, and classifications or specialty services;

j. A statement providing that any modification to the contract that changes the cost, materials, work to be performed, or estimated completion date must be in writing and signed by all parties; and

k. A statement notifying consumers of the existence of the Virginia Contractor Transaction Recovery Fund that includes information on how to contact the board for claim information.

Failure to make prompt delivery to the consumer before commencement of work of a fully executed copy of the contract as described in subdivisions 8 and 9 of this subsection for construction or contracting work.
Failure of the contractor to maintain for a period of five years from the date of contract a complete and legible copy of all documents relating to that contract, including the contract and any addenda or change orders.
Refusing or failing, upon request, to produce to the board, or any of its agents, any document, book, record, or copy of it in the licensee's possession concerning a transaction covered by this chapter or for which the licensee is required to maintain records.
Failing to respond to an agent of the board or providing false, misleading, or incomplete information to an investigator seeking information in the investigation of a complaint filed with the board against the contractor. Failing or refusing to claim certified mail sent to the licensee's address of record shall constitute a violation of this regulation.
Abandonment, defined as the unjustified cessation of work under the contract for a period of 30 days or more.
The intentional and unjustified failure to complete work contracted for or to comply with the terms in the contract.
The retention or misapplication of funds paid, for which work is either not performed or performed only in part.
Making any misrepresentation or making a false promise that might influence, persuade, or induce.
Assisting another to violate any provision of Chapter 1 (§ 54.1-100 et seq.) or Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1 of the Code of Virginia or this chapter or combining or conspiring with or acting as agent, partner, or associate for another.
Allowing a firm's license to be used by another.
Acting as or being an ostensible licensee for undisclosed persons who do or will control or direct, directly or indirectly, the operations of the licensee's business.
Action by the firm, responsible management as defined in this chapter, designated employee, or qualified individual to offer, give, or promise anything of value or benefit to any federal, state, or local employee for the purpose of influencing that employee to circumvent, in the performance of the employee's duties, any federal, state, or local law, regulation, or ordinance governing the construction industry.
Where the firm, responsible management as defined in this chapter, designated employee, or qualified individual has been convicted or found guilty, after initial licensure, regardless of adjudication, in any jurisdiction, of any felony or non-marijuana misdemeanor, there being no appeal pending therefrom or the time of appeal having elapsed.
Failure to inform the board in writing, within 30 days, that the firm, a member of responsible management as defined in this chapter, its designated employee, or its qualified individual has pleaded guilty or nolo contendere or was convicted and found guilty of any felony or of a Class 1 misdemeanor or any non-marijuana misdemeanor conviction for activities carried out while engaged in the practice of contracting.
Having been disciplined by any county, city, town, or any state or federal governing body, including action by the Virginia Department of Health, which action shall be reviewed by the board before it takes any disciplinary action of its own.
Failure to abate a violation of the Virginia Uniform Statewide Building Code (13VAC5-63).
Failure of a contractor to comply with the notification requirements of the Virginia Underground Utility Damage Prevention Act, Chapter 10.3 (§ 56-265.14 et seq.) of Title 56 of the Code of Virginia (Miss Utility).
Practicing in a classification, specialty service, or class of license for which the contractor is not licensed.
Failure to satisfy any judgments.
Contracting with an unlicensed or improperly licensed contractor or subcontractor in the delivery of contracting services.
Failure to honor the terms and conditions of a warranty.
Failure to obtain written change orders, which are signed by both the consumer and the licensee or the licensee's agent, to an already existing contract.
Failure to ensure that supervision, as defined in this chapter, is provided to all helpers and laborers assisting licensed tradesman.
Failure to obtain a building permit or applicable inspection, where required.
Failure of a residential building energy analyst firm to ensure that residential building energy analyses conducted by the firm are consistent with the requirements set forth by the board, the U.S. Environmental Protection Agency, the U.S. Department of Energy, or the Energy Star Program.
Failure of a residential building energy analyst firm to maintain the general liability insurance required in 18VAC50-22-62 C at any time while licensed by the board.
Failure of a contractor holding the drug lab remediation specialty to ensure that remediation work conducted by the firm or properly licensed subcontractors is consistent with the guidelines set forth by the U.S. Environmental Protection Agency, Virginia Department of Environmental Quality, Virginia Department of Health, or Virginia Department of Forensic Science.
Failure of a contractor to appropriately classify all workers as employees or as independent contractors as provided by law.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from VR220-01-2:1 § 5.7, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, eff. September 1, 2001; Volume 22, Issue 8, eff. February 1, 2006; Volume 29, Issue 3, eff. December 1, 2012; Volume 31, Issue 3, eff. December 1, 2014; Volume 32, Issue 3, eff. January 1, 2016; Volume 34, Issue 6, eff. January 1, 2018; Volume 36, Issue 26, eff. October 1, 2020; Volume 38, Issue 5, eff. December 1, 2021; Volume 41, Issue 1, eff. October 1, 2024; Volume 41, Issue 25, eff. September 1, 2025.

18VAC50-22-270 (Repealed.)

Historical Notes

Derived from VR220-01-2:1 § 5.8, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, eff. September 1, 2001; repealed, Virginia Register Volume 22, Issue 8, eff. February 1, 2006.

Part VI Prelicense Education

18VAC50-22-300 Prelicense education courses

All courses offered by prelicense education providers must be approved by the board prior to the initial offering of the course and cover business principles related to the standards of conduct found in 18VAC50-22-260 B and other applicable requirements of continued licensure set forth in this chapter. Courses must be six hours in length. Correspondence and other distance learning courses must include appropriate testing procedures to verify completion of the course.

History

Statutory Authority: §§ 54.1-201 and 54.1-1102 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. December 1, 2008; amended, Virginia Register Volume 41, Issue 25, eff. September 1, 2025.

18VAC50-22-310 Requirements for prelicense education providers

A. Each provider of a prelicense education course must submit an application for course approval on a form provided by the board. The application must include:

The name of the provider;
Provider contact person, address, and contact information;
Course contact hours;
Schedule of courses, if established, including dates, time, and locations;
Instructor information, including name, license number, if applicable, and a list of other appropriate trade designations; and
Course syllabus.

B. All providers must establish and maintain a record for each student. The record shall include: the student's name and address; Virginia DMV control number, if applicable; the course name and clock hours attended; the course syllabus or outline; the name of the instructor; the date of successful completion; and the board's course code. Records shall be available for inspection during normal business hours by authorized representatives of the board. Providers must maintain class records for a minimum of five years.

History

Statutory Authority: §§ 54.1-201 and 54.1-1102 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. December 1, 2008; amended, Virginia Register Volume 41, Issue 25, eff. September 1, 2025.

18VAC50-22-320 Reporting of course completion

All prelicense education providers must electronically transmit course completion data to the board in an approved format within seven days of the completion of each individual course. The transmittal will include each student's name, Virginia DMV control number, if applicable, the date of successful completion of the course, and the board's course code.

History

Statutory Authority: §§ 54.1-201 and 54.1-1102 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. December 1, 2008; amended, Virginia Register Volume 41, Issue 25, eff. September 1, 2025.

18VAC50-22-330 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. December 1, 2008; repealed, Virginia Register Volume 41, Issue 25, eff. September 1, 2025.

18VAC50-22-340 Reporting of changes

Any change in the information provided in 18VAC50-22-310 A must be reported to the board within 30 days of the change with the exception of changes in the schedule of courses, which must be reported within 10 days of the change. Failure to report the changes as required may result in the withdrawal of approval of a prelicense education provider by the board.

History

Statutory Authority: §§ 54.1-201 and 54.1-1102 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. December 1, 2008.

18VAC50-22-350 Denial or withdrawal of approval

The board may deny or withdraw approval of any prelicense education provider for the following reasons:

The courses being offered no longer meet the standards established by the board.
The provider, through an agent or otherwise, advertises its services in a fraudulent or deceptive way.
The provider, instructor, or designee of the provider falsifies any information relating to the application for approval, course information, or student records or fails to produce records required by the Board for Contractors.

History

Statutory Authority: §§ 54.1-201 and 54.1-1102 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. December 1, 2008; amended, Virginia Register Volume 41, Issue 25, eff. September 1, 2025.

Chapter 30 Individual License and Certification Regulations

Part I General

18VAC50-30-10 Definitions

A. Section 54.1-1128 of the Code of Virginia provides definitions of the following terms and phrases as used in this chapter:

"Backflow prevention device worker"

"Board"

"Liquified petroleum gas fitter"

"Natural gas fitter provider"

"Tradesman"

"Water well systems provider"

B. Section 54.1-1140 of the Code of Virginia provides definitions of the following terms and phrases as used in this chapter:

"Accessibility mechanic"

"Certified accessibility mechanic"

"Elevator mechanic"

"Limited use/limited application endorsement"

C. Section 54.1-1144 of the Code of Virginia provides definitions of the following terms and phrases as used in this chapter:

"Accredited residential building energy analyst training program"

"Licensed residential building energy analyst"

"Residential building energy analysis"

D. The following words and terms when used in this chapter have the following meanings unless the context clearly indicates otherwise:

"Address of record" means the mailing address designated by the licensee to receive notices and correspondence from the board.

"Applicant" means an individual who has submitted an application for licensure.

"Application" means a completed, board-prescribed form submitted with the appropriate fee and other required documentation.

"Backflow prevention device work" means work performed by a backflow prevention device worker for reconstruction or renewal of any part of a backflow prevention device for the purpose of returning to service a currently installed device. This does not include the removal or replacement of a defective device by the installation of a rebuilt or new device.

"Certified automatic fire sprinkler inspector" means an individual who is certified by this chapter and whose work includes the inspection of automatic fire sprinkler systems as defined in the Virginia Construction Code (Part I (13VAC5-63-10 et seq.) of 13VAC5-63).

"Department" means the Department of Professional and Occupational Regulation.

"Electrical work" consists of, but is not limited to, the following: (i) planning and layout of details for installation or modifications of electrical apparatus and controls including preparation of sketches showing location of wiring and equipment; (ii) measuring, cutting, bending, threading, assembling, and installing electrical conduits; (iii) performing maintenance on electrical systems and apparatus; (iv) observation of installed systems or apparatus to detect hazards and need for adjustments, relocation, or replacement; and (v) repairing faulty systems or apparatus.

"Electrician" means a tradesman who performs the construction, repair, maintenance, alteration, or removal of electrical systems regulated under the Virginia Uniform Statewide Building Code (13VAC5-63).

"Formal vocational training" means courses in the trade administered at an accredited educational facility; or formal training, approved by the board, conducted by trade associations, businesses, the military, correspondence schools, or other similar training organizations.

"Gas fitter" means a tradesman who performs gas fitting-related work usually within the HVAC or plumbing trades regulated under Virginia Uniform Statewide Building Code. Gas fitting-related work includes the installation, repair, improvement, or removal of industrial gas, fuel gas, gaseous hydrogen, liquefied petroleum or natural gas piping, tanks, chimneys and vents, direct vents, equipment, and appliances annexed to real property.

"HVAC tradesman" means an individual who performs the construction, repair, maintenance, alteration, or removal of HVAC systems regulated under the Virginia Uniform Statewide Building Code.

"HVAC work" means work that includes the installation, alteration, repair, or maintenance of heating systems, ventilating systems, cooling systems, steam and hot water heating systems, boilers, process piping, backflow prevention devices, and mechanical refrigeration systems, including tanks incidental to the system.

"Incidental" means work that is necessary for that particular repair or installation and is outside the scope of practice allowed to the regulant by this chapter.

"Journeyman" means a person who possesses the necessary ability, proficiency, and qualifications to install, repair, and maintain specific types of materials and equipment utilizing a working knowledge sufficient to comply with the pertinent provisions of the Virginia Uniform Statewide Building Code and according to plans and specifications.

"Master" means a person who possesses the necessary ability, proficiency, and qualifications to plan and lay out the details for installation and supervise the work of installing, repairing, and maintaining specific types of materials and equipment utilizing a working knowledge sufficient to comply with the pertinent provisions of the Virginia Uniform Statewide Building Code.

"Plumber" means a tradesman who performs the construction, repair, maintenance, alteration, or removal of plumbing systems regulated under the Virginia Uniform Statewide Building Code.

"Plumbing work" means work that includes the installation, maintenance, extension, or alteration or removal of piping, fixtures, appliances, and appurtenances in connection with any of the following:

Backflow prevention devices;
Boilers;
Domestic sprinklers;
Hot water baseboard heating systems;
Hydronic heating systems;
Process piping;
Public or private water supply systems within or adjacent to any building, structure, or conveyance;
Sanitary or storm drainage facilities;
Steam heating systems;
Storage tanks incidental to the installation of related systems;
Venting systems; or
Water heaters.

These plumbing tradesmen may also install, maintain, extend, or alter the following:

Liquid waste systems;
Sewerage systems;
Storm water systems; and
Water supply systems.

"Regulant" means an individual (i) licensed as a tradesman, liquefied petroleum gas fitter, natural gas fitter provider, or gas fitter or (ii) certified as a backflow prevention device worker, accessibility mechanic, elevator mechanic, water well systems provider, or fire sprinkler inspector.

"Reinstatement" means the process and requirements through which an expired license can be made valid without the licensee having to apply as a new applicant.

"Renewal" means the process and requirements for periodically approving the continuance of a license.

"Residential HVAC tradesman" means a person who possesses the necessary ability, proficiency, and qualifications to perform HVAC work utilizing a working knowledge sufficient to comply with the pertinent provisions of the Virginia Uniform Statewide Building Code applicable to dwellings and townhouses, as those terms are defined in the Virginia Residential Code, or structures annexed to those dwellings or townhouses[]. It does not include commercial, industrial, institutional, or government-use structures outside of dwellings and townhouses[].

"Residential plumber tradesman" means a person who possesses the necessary ability, proficiency, and qualifications to perform plumbing work utilizing a working knowledge sufficient to comply with the pertinent provisions of the Virginia Uniform Statewide Building Code applicable to dwellings and townhouses, as those terms are defined in the Virginia Residential Code, or structures annexed to those dwellings or townhouses. It does not include commercial, industrial, institutional, or government-use structures outside of dwellings and townhouses.

"Testing organization" means an independent testing organization whose main function is to develop and administer examinations.

"Trade" means any regulated activity.

"Virginia Residential Code" means the provisions of the Virginia Construction Code (Part I (13VAC5-63-10 et seq.) of 13VAC5-63) applicable to R-5 residential structures and that includes provisions of the International Residential Code as amended by the Board of Housing and Community Development.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 18, eff. July 1, 1997; amended, Virginia Register Volume 15, Issue 19, eff. July 9, 1999; Volume 17, Issue 26, eff. November 1, 2001; Volume 23, Issue 12, eff. April 1, 2007; Volume 24, Issue 3, eff. November 15, 2007; Volume 29, Issue 5, eff. January 1, 2013; Volume 30, Issue 6, eff. January 1, 2014; Volume 36, Issue 13, eff. April 1, 2020; Volume 40, Issue 26, eff. October 1, 2024; Volume 41, Issue 12, eff. April 1, 2025.

Part II Entry

18VAC50-30-20 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 13, Issue 18, eff. July 1, 1997; amended, Virginia Register Volume 15, Issue 19, eff. July 9, 1999; Volume 17, Issue 26, eff. November 1, 2001; Volume 23, Issue 12, eff. April 1, 2007; repealed, Virginia Register Volume 40, Issue 26, eff. October 1, 2024.

18VAC50-30-25 Application procedures

A. All applicants seeking licensure or certification must submit an application with the appropriate fee specified in 18VAC50-30-90. Application must be made on forms provided by the board or the board's agent.

By submitting the application to the Department of Professional and Occupational Regulation, the applicant certifies that the applicant has read and understands the applicable statutes and the board's regulations.
The receipt of an application and the deposit of the fees by the board do not indicate approval of the application by the board.

C. The applicant will be notified of receipt of initial application if the application is incomplete. An individual who fails to complete the application process within 12 months of receipt of the application in the board's office must submit a new application.

D. The applicant must immediately report all changes in information supplied with the application, if applicable, prior to the issuance of the license or certificate or expiration of the application.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 26, eff. October 1, 2024.

18VAC50-30-30 General requirements for licensure or certification

In addition to the applicable provisions of 18VAC50-30-39 through 18VAC50-30-46, every applicant to the board for licensure or certification must meet the requirements provided in this section.

The applicant must be at least 18 years of age.
The applicant must submit documentation of identification, vocational training, and experience.
In those instances where the applicant is required to take the license or certification examination, the applicant must follow all rules established by the board with regard to conduct at the examination. Such rules include any written instructions communicated prior to the examination date and any instructions communicated at the site. Failure to comply with all rules established by the board and the testing organization with regard to conduct at the examination shall be grounds for denial of application.
The applicant must provide an address of record. A post office box is only acceptable when a physical address is also provided.
In accordance with § 54.1-204 of the Code of Virginia, each applicant must disclose any conviction in any jurisdiction of any felony or non-marijuana misdemeanor. The board, at its discretion, may deny licensure or certification to any applicant in accordance with § 54.1-204 of the Code of Virginia. The applicant has the right to request further review of any such action by the board under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
The applicant must report any action taken by any board or administrative body in any jurisdiction against a professional or occupational license, certification, or registration issued to the applicant, to include any suspension, revocation, or surrender of a license, certification, or registration, imposition of a monetary penalty, or requirement to take remedial education or other corrective action. The board in its discretion may deny licensure to any applicant for any prior action taken by any board or administrative body in any jurisdiction. The applicant has the right to request further review of any such action by the board under the Administrative Process Act.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 18, eff. July 1, 1997; amended, Virginia Register Volume 15, Issue 19, eff. July 9, 1999; Volume 23, Issue 12, eff. April 1, 2007; Volume 38, Issue 5, eff. December 1, 2021; Volume 40, Issue 26, eff. October 1, 2024; Volume 41, Issue 12, eff. April 1, 2025.

18VAC50-30-39 Qualifications for examination approval for a tradesman, gas fitter, liquefied petroleum gas fitter, or natural gas fitter provider license

A. An applicant for examination to be licensed as a residential HVAC tradesman or residential plumber tradesman must furnish evidence that one of the following experience and education standards has been attained:

| Education | Experience | | --- | --- | | 160 hours of formal vocational training in the trade | Two years of practical experience in the trade for which licensure is desired | | 120 hours of formal vocational training in the trade | Three years of practical experience in the trade for which licensure is desired | | 80 hours of formal vocational training in the trade | Four years of practical experience in the trade for which licensure is desired | | 40 hours of formal vocational training in the trade | Five years of practical experience in the trade for which licensure is desired | | None | Six years of practical experience in the trade for which licensure is desired |

B. An applicant for examination to be licensed as a journeyman electrician, plumber, or HVAC tradesman must furnish evidence that one of the following experience and education standards has been attained:

| Education | Experience | | --- | --- | | Bachelor's degree in an engineering curriculum related to the trade | One year of practical experience in the trade for which licensure is desired | | Associate degree or a certificate of completion from at least a two-year program in a tradesman-related field | Two years of practical experience in the trade for which licensure is desired | | 240 hours of formal vocational training in the trade | Four years of practical experience in the trade for which licensure is desired | | 160 hours of formal vocational training in the trade | Five years of practical experience in the trade for which licensure is desired | | 80 hours of formal vocational training in the trade | Six years of practical experience in the trade for which licensure is desired | | 40 hours of formal vocational training in the trade | Seven years of practical experience in the trade for which licensure is desired | | None | Eight years of practical experience in the trade for which licensure is desired |

C. An applicant for examination to be licensed as a journeyman liquefied petroleum gas fitter, natural gas fitter provider, or gas fitter tradesman must furnish evidence that one of the following experience and education standards has been attained:

| License | Education | Experience | | --- | --- | --- | | Journeyman liquefied petroleum gas fitter or natural gas fitter provider | 80 hours of formal vocational training in the trade | Four years of practical experience in the trade for which licensure is desired | | 40 hours of formal vocational training in the trade | Five years of practical experience in the trade for which licensure is desired | | | Journeyman gas fitter | Bachelor's degree in an engineering curriculum related to the trade | One year of practical experience in the trade for which licensure is desired | | Associate degree or a certificate of completion from at least a two-year program in a tradesman-related field | Two years of practical experience in the trade for which licensure is desired | | | 120 hours of formal vocational training in the trade | Four years of practical experience in the trade for which licensure is desired | | | 80 hours of formal vocational training in the trade | Five years of practical experience in the trade for which licensure is desired | | | 40 hours of formal vocational training in the trade | Six years of practical experience in the trade for which licensure is desired | | | None | Eight years of practical experience in the trade for which licensure is desired | |

D. An applicant for examination to be licensed as a master in a trade must furnish evidence that one of the following experience standards has been attained:

Having held a valid residential HVAC tradesman or residential plumber tradesman license in the trade for which licensure is desired for three years;
Having held a valid journeyman license in the trade for which licensure is desired for a minimum of one year; or
Nine years of practical experience in the trade for which licensure is desired.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 41, Issue 12, eff. April 1, 2025.

18VAC50-30-40 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 13, Issue 18, eff. July 1, 1997; amended, Virginia Register Volume 15, Issue 19, eff. July 9, 1999; Volume 17, Issue 26, eff. November 1, 2001; Volume 23, Issue 12, eff. April 1, 2007; Volume 24, Issue 3, eff. November 15, 2007; Volume 29, Issue 5, eff. January 1, 2013; Volume 30, Issue 6, eff. January 1, 2014; Volume 32, Issue 1, eff. November 1, 2015; Volume 39, Issue 7, eff. January 1, 2023; repealed, Virginia Register Volume 41, Issue 12, eff. April 1, 2025.

18VAC50-30-41 Evidence of ability and proficiency for automatic fire sprinkler inspector

Pursuant to § 54.1-1147 B of the Code of Virginia, an applicant for certification as an automatic fire sprinkler inspector must provide satisfactory proof to the board of a Level II or higher Inspection and Testing of Water-Based Systems Certificate issued through the National Institute for Certification in Engineering Technologies or a substantially similar certification from a nationally recognized training program approved by the board.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 13, eff. April 1, 2020; amended, Virginia Register Volume 40, Issue 26, eff. October 1, 2024.

18VAC50-30-42 Qualifications for examination approval for a backflow prevention device worker certification

A. An applicant for examination to be certified as a backflow prevention device worker must furnish evidence that one of the following experience and education standards has been attained:

Four years of practical experience in water distribution systems and a minimum of 32 hours of formal vocational training in a school approved by the board; or
Applicants with seven or more years of experience may qualify with 16 hours of formal vocational training in a school approved by the board.

B. The board accepts the American Society of Sanitary Engineers (ASSE) standards for testing procedures. Other programs could be approved after board review. The board requires all backflow training to include instruction in a wet lab.

History

Statutory Authority: § 54.1-204 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 41, Issue 12, eff. April 1, 2025.

18VAC50-30-43 Qualifications for an elevator mechanic certification

An applicant for certification as an elevator mechanic must meet one of the following qualifications:

Have three years of practical experience in the construction, maintenance, and service or repair of elevators, escalators, or related conveyances; 144 hours of formal vocational training; and satisfactorily complete a written examination administered by the board. Experience in excess of four years may be substituted for formal vocational training at a ratio of one year of experience for 40 hours of formal training, but not to exceed 120 hours;
Have three years of practical experience in the construction, maintenance, and service or repair of elevators, escalators, or related conveyances and a certificate of completion of the elevator mechanic examination of a training program determined to be equivalent to the requirements established by the board; or
Successfully complete an elevator mechanic apprenticeship program that is approved by the Virginia Department of Workforce Development and Advancement or registered with the Bureau of Apprenticeship and Training, U.S. Department of Labor, as evidenced by providing a certificate of completion or other official document, and satisfactorily complete a written examination administered by the board.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 41, Issue 12, eff. April 1, 2025.

18VAC50-30-44 Qualifications for examination approval for a water well systems provider certification

Pursuant to § 54.1-1129.1 A of the Code of Virginia, an applicant for examination as a certified water well systems provider must provide satisfactory proof to the board of at least:

One year of full-time practical experience in the drilling, installation, maintenance, or repair of water wells or water well systems under the supervision of a certified master water well systems provider or other equivalent experience as approved by the board to qualify for examination as a trainee water well systems provider;
Three years of practical experience in the drilling, installation, maintenance, or repair of water wells or water well systems under the supervision of a certified master water well systems provider or other equivalent experience as approved by the board and 24 hours of formal vocational training in the trade to qualify for examination as a journeyman water well systems provider; or
Six years of practical experience in the drilling, installation, maintenance, or repair of water wells or water well systems under the supervision of a certified master water well systems provider or other equivalent experience as approved by the board and 48 hours of formal vocational training in the trade to qualify for examination as a master water well systems provider.

History

Statutory Authority: § 54.1-204 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 41, Issue 12, eff. April 1, 2025.

18VAC50-30-45 Qualifications for an accessibility mechanic certification and limited use/limited application (LULA) endorsement

A. An applicant for certification as an accessibility mechanic must:

Have three years of practical experience in the construction, installation, maintenance, service, repair, and testing of wheelchair lifts, incline chairlifts, dumbwaiters, residential elevators, or related conveyances; 80 hours of formal vocational training; and satisfactorily complete a written examination administered by the board. Experience in excess of three years may be substituted for formal vocational training at a ratio of one year of experience for 20 hours of formal training, but not to exceed 60 hours;
Have three years of practical experience in the construction, installation, maintenance, service, repair, and testing of wheelchair lifts, incline chairlifts, dumbwaiters, residential elevators, or related conveyances and a certificate of completion of an accessibility mechanic examination of a training program determined to be equivalent to the requirements established by the board; or
Successfully complete an accessibility mechanic apprenticeship program that is approved by the Virginia Apprenticeship Council or registered with the Bureau of Apprenticeship and Training, U.S. Department of Labor, as evidenced by providing a certificate of completion or other official document, and satisfactorily complete a written examination administered by the board.

B. An applicant for a limited use/limited application (LULA) endorsement must:

Hold a current certification as an accessibility mechanic issued by the board.
Have one year of practical experience in the construction, installation, maintenance, service, repair, and testing of limited use/limited application elevators; complete a vocational education program approved by the board; and either (i) satisfactorily complete a written examination administered by the board or (ii) complete a limited use/limited application elevator training program determined to be equivalent to the requirements established by the board.

History

Statutory Authority: § 54.1-204 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 41, Issue 12, eff. April 1, 2025.

18VAC50-30-46 Qualifications for a residential building energy analyst license

A. Pursuant to § 54.1-1145 B of the Code of Virginia, an applicant for licensure as a residential building energy analyst must provide satisfactory proof to the board of:

The completion of a residential building energy analyst training program approved by the board;
The completion of a minimum of five residential building energy analyses under the supervision of a licensed residential building energy analyst;
Current membership in good standing with a certifying organization approved by the board; and
Maintaining a minimum of $100,000 of general liability insurance from a company authorized to provide such insurance in the Commonwealth of Virginia, unless the individual is employed by a company that holds a valid residential building energy analyst firm license issued by the board.

B. The applicant must provide information for the five years prior to application on any outstanding past-due debts, outstanding judgments, outstanding tax obligations, defaults on bonds, or pending or past bankruptcies.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 41, Issue 12, eff. April 1, 2025.

18VAC50-30-47 Verification of experience and education

A. Except as otherwise provided in this part, experience in the trade must be verified by reference letters of experience from: building officials, building inspectors, current or former employers, contractors, engineers, architects, or current or past clients attesting to the applicant's work in the trade.

B. Education may be verified by providing a copy of a transcript or diploma from the accredited institution.

History

Statutory Authority: § 54.1-204 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 41, Issue 12, eff. April 1, 2025.

18VAC50-30-48 Continuing education allowable as formal vocational training

An applicant may receive credit for a maximum of 40 hours for board-approved continuing education training toward formal vocational training required under this part as applicable to the license or certification sought.

History

Statutory Authority: § 54.1-204 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 41, Issue 12, eff. April 1, 2025.

18VAC50-30-50 Exemptions from examination

A. An individual certified or licensed by any one of the following agencies shall not be required to fulfill the examination requirement:

The Department of Housing and Community Development prior to July 1, 1995;
Any local governing body prior to July 1, 1978; or
Any Virginia locality backflow prevention device worker certification issued prior to July 1, 1998.

B. An individual who successfully completes an apprenticeship program approved by the Commissioner of the Department of Workforce Development and Advancement as outlined in § 54.1-1131 A 3 of the Code of Virginia, as evidenced by providing a certificate of completion or other official document, is exempt from the journeyman examination.

History

Statutory Authority: §§ 54.1-201 and 54.1-1102 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 18, eff. July 1, 1997; amended, Virginia Register Volume 15, Issue 19, eff. July 9, 1999; Volume 17, Issue 26, eff. November 1, 2001; Errata, 18:4 VA.R. 658 November 5, 2001; amended, Virginia Register Volume 23, Issue 12, eff. April 1, 2007; Volume 41, Issue 12, eff. April 1, 2025.

18VAC50-30-60 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 13, Issue 18, eff. July 1, 1997; amended, Virginia Register Volume 15, Issue 19, eff. July 9, 1999; repealed, Virginia Register Volume 23, Issue 12, eff. April 1, 2007.

18VAC50-30-70 Other recognized programs

Applicants certified or licensed as a tradesman or backflow prevention device worker by governing bodies located outside the Commonwealth of Virginia are considered to be in compliance with this chapter if the board has determined the requirements and standards under which the license or certificate was issued are substantially equivalent to those established in this chapter. In addition to the requirements set forth in 18VAC50-30-30, such applicants must meet the following requirements:

The applicant must have received the tradesman certification or license by virtue of having passed in the jurisdiction of original certification or licensure a written or oral examination deemed to be substantially equivalent to the Virginia examination.
Individuals certified or licensed by governing bodies other than the Commonwealth of Virginia may sit for the same level of tradesman examination by completing the required application and providing a copy of a currently valid journeyman or master license or certification.
Individuals certified or licensed as backflow prevention device workers by governing bodies located outside the Commonwealth of Virginia may sit for the Virginia backflow prevention device worker examination upon presentation of a currently valid certificate or card from such jurisdictions with their completed examination application and fee.

History

Statutory Authority: §§ 54.1-201 and 54.1-1102 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 18, eff. July 1, 1997; amended, Virginia Register Volume 15, Issue 19, eff. July 9, 1999; Volume 23, Issue 12, eff. April 1, 200; Volume 40, Issue 26, eff. October 1, 2024.

18VAC50-30-72 Temporary certification of elevator mechanics

A. In accordance with § 54.1-1142.2 of the Code of Virginia, a contractor licensed pursuant to Board for Contractors Regulations (18VAC50-22) may demonstrate to the satisfaction of the board that there is a shortage of elevator mechanics certified pursuant to this chapter and request the board issue a temporary certification as an elevator mechanic to an employee of the licensed contractor.

B. The licensed contractor must attest to the board, on a form provided by the board, that after due diligence, the contractor is unable to find an elevator mechanic from the list of elevator mechanics maintained by the board to perform elevator work.

C. The employee of the contractor must submit an application with the appropriate fee specified in 18VAC50-30-90 for temporary certification as an elevator mechanic. The applicant for temporary certification must submit documentation acceptable to the board that the applicant has a minimum of two years of practical experience in the construction, maintenance, and service, repair, or both of elevators, escalators, or related conveyances, and 144 hours of formal vocational training.

D. If the application is satisfactory to the board, the board will issue a temporary certification to the employee of the licensed contractor. The temporary certification will be valid for no more than 45 days from the date of issuance, provided the employee continues to be employed by the licensed contractor.

E. To the extent that the shortage of elevator mechanics remains, the licensed contractor may request the temporary certification be renewed by submitting the information required under subsection B of this section and payment of the appropriate fee specified in 18VAC50-30-140.

History

Statutory Authority: §§ 54.1-201, 54.1-1102, and 54.1-1142.2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 41, Issue 15, eff. June 1, 2025.

18VAC50-30-73 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 29, Issue 5, eff. January 1, 2013; repealed, Virginia Register Volume 40, Issue 26, eff. October 1, 2024.

18VAC50-30-75 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 29, Issue 5, eff. January 1, 2013; repealed, Virginia Register Volume 40, Issue 26, eff. October 1, 2024.

18VAC50-30-80 (Repealed.)

Historical Notes

18VAC50-30-90 Fees for licensure and certification

A. Each check or money order must be made payable to the Treasurer of Virginia. All fees required by the board are nonrefundable and will not be prorated. The date of receipt by the department or its agent is the date that will be used to determine whether or not the fee is on time. Fees remain active for a period of one year from the date of receipt, and all applications must be completed within that timeframe.

B. Fees are as follows:

| Original tradesman, liquefied petroleum gas fitter, or natural gas fitter provider license by examination | $150 | | --- | --- | | Original tradesman, liquefied petroleum gas fitter, or natural gas fitter provider license without examination | $150 | | Card exchange (exchange of locality-issued card for state-issued Virginia tradesman license) | $110 | | Additional tradesman designation | $105 | | Backflow prevention device worker certification | $150 | | Elevator mechanic certification | $150 | | Temporary elevator mechanic certification | $50 | | Certified accessibility mechanic | $150 | | Certified automatic fire sprinkler inspector | $150 | | Water well systems provider certification | $150 | | Residential building energy analyst license | $150 | | Limited use/limited application endorsement | $65 |

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 18, eff. July 1, 1997; amended, Virginia Register Volume 15, Issue 12, eff. May 1, 1999; Volume 15, Issue 19, eff. July 9, 1999; Volume 17, Issue 26, eff. November 1, 2001; Errata, 18:4 VA.R. 658 November 5, 2001; amended, Virginia Register Volume 19, Issue 6, eff. January 1, 2003; Volume 21, Issue 20, eff. August 1, 2005; Volume 23, Issue 12, eff. April 1, 2007; Volume 24, Issue 3, eff. November 15, 2007; Volume 26, Issue 11, eff. April 1, 2010; amended, Volume 30, Issue 6, eff. January 1, 2014; Volume 32, Issue 1, eff. November 1, 2015; Volume 36, Issue 13, eff. April 1, 2020; Volume 40, Issue 26, eff. October 1, 2024; Volume 41, Issue 15, eff. June 1, 2025; Volume 41, Issue 22, eff. August 1, 2025.

18VAC50-30-100 Examination fees

The fee for examination is subject to contracted charges to the board by an outside vendor based on a contract entered into in compliance with the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia). The current examination will not exceed a cost of $200 for the journeyman exam, $225 for the master exam for any of the trades, or $200 for the backflow prevention device worker, elevator mechanic, accessibility mechanic, or water well systems provider exams. Fees may be adjusted and charged to the candidate in accordance with this contract.

History

Statutory Authority: §§ 54.1-201 and 54.1-1102 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 18, eff. July 1, 1997; amended, Virginia Register Volume 15, Issue 19, eff. July 9, 1999; Volume 19, Issue 6, eff. January 1, 2003; Volume 23, Issue 12, eff. April 1, 2007; Volume 24, Issue 3, eff. November 15, 2007; Volume 30, Issue 6, eff. January 1, 2014; Volume 42, Issue 13, eff. March 11, 2026.

18VAC50-30-110 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 13, Issue 18, eff. July 1, 1997; amended, Virginia Register Volume 19, Issue 6, eff. January 1, 2003; Volume 23, Issue 12, eff. April 1, 2007; repealed, Virginia Register Volume 26, Issue 11, eff. April 1, 2010.

18VAC50-30-120 Renewal

A. Licenses issued under this chapter to electricians, gas fitters, liquefied petroleum gas fitters, natural gas fitter providers, HVAC tradesmen, or plumbers will expire three years from the last day of the month in which they were issued as indicated on the license.

B. Except as otherwise provided in this chapter, all other licenses and certifications issued under this chapter will expire two years from the last day of the month in which they were issued as indicated on the license or certification.

C. As a condition of renewal or reinstatement and pursuant to § 54.1-1133 of the Code of Virginia, all individuals holding tradesman licenses with the trade designations of plumbing, electrical, and heating, ventilation, and cooling must satisfactorily complete three hours of continuing education for each designation, and individuals holding a license as a liquefied petroleum gas fitter, a natural gas fitter provider, or a gas fitter, one hour of continuing education, relating to the applicable building code changes, from a provider approved by the board.

D. Certified elevator mechanics and certified accessibility mechanics, as a condition of renewal and pursuant to § 54.1-1143 of the Code of Virginia, must satisfactorily complete eight hours of continuing education relating to the provisions of the Virginia Uniform Statewide Building Code (13VAC5-63) pertaining to elevators, escalators, and related conveyances. This continuing education must be from a provider approved by the board.

E. Certified water well systems providers, as a condition of renewal or reinstatement and pursuant to § 54.1-1129.1 B of the Code of Virginia, must satisfactorily complete eight hours of continuing education in the specialty of technical aspects of water well construction, applicable statutory and regulatory provisions, and business practices related to water well construction from a provider approved by the board.

F. Certified automatic fire sprinkler inspectors, as a condition of renewal and pursuant to § 54.1-1148 of the Code of Virginia, must satisfactorily complete eight hours of continuing education related to changes and knowledge of the Virginia Statewide Fire Prevention Code ( 13VAC5-52). No renewal will be permitted once 30 days from the expiration date have passed. After that date, the applicant must apply for a new certification and meet the current entry requirements.

G. Renewal fees are as follows:

| Tradesman license | $160 | | --- | --- | | Liquefied petroleum gas fitter license | $110 | | Natural gas fitter provider license | $110 | | Backflow prevention device worker certification | $110 | | Elevator mechanic certification | $110 | | Temporary elevator mechanic certification | $25 | | Certified accessibility mechanic | $110 | | Certified automatic fire sprinkler inspector | $110 | | Water well systems provider certification | $110 | | Residential building energy analyst license | $110 |

All fees are nonrefundable and will not be prorated.

H. The board will mail a renewal notice to the regulant outlining procedures for renewal. Failure to receive this notice, however, does not relieve the regulant of the obligation to renew. If the regulant fails to receive the renewal notice, a copy of the license or certification may be submitted with the required fee as an application for renewal within 30 days of the expiration date.

I. The date on which the renewal fee is received by the department or its agent will determine whether the regulant is eligible for renewal or required to apply for reinstatement.

J. The board may deny renewal of a license or certification for the same reasons as it may refuse initial licensure or certification or discipline a regulant. The regulant has a right to request review of any such action by the board under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

K. Failure to timely pay any monetary penalty, reimbursement of cost, or other fee assessed by consent order or final order shall result in delaying or withholding services provided by the department, including renewal, reinstatement, or processing of a new application.

L. Residential building energy analysts, as a condition of renewal or reinstatement, must provide documentation of continued membership, in good standing, of a certifying organization approved by the board and proof of insurance as required in 18VAC50-30-46 A 4.

History

Statutory Authority: §§ 54.1-201, 54.1-1102, and 54.1-1146 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 18, eff. July 1, 1997; amended, Virginia Register Volume 15, Issue 19, eff. July 9, 1999; Volume 19, Issue 6, eff. January 1, 2003; Volume 21, Issue 20, eff. August 1, 2005; Volume 23, Issue 12, eff. April 1, 2007; Volume 24, Issue 3, eff. November 15, 2007; Volume 26, Issue 11, eff. April 1, 2010; Volume 29, Issue 5, eff. January 1, 2013; Volume 30, Issue 6, eff. January 1, 2014; Volume 31, Issue 20, eff. August 1, 2015; Volume 32, Issue 1, eff. November 1, 2015; Volume 33, Issue 19, eff. July 1, 2017; Volume 34, Issue 22, eff. January 1, 2019; Volume 35, Issue 21, eff. August 1, 2019; Volume 36, Issue 13, eff. April 1, 2020; Volume 38, Issue 6, eff. December 8, 2021; Volume 39, Issue 21, eff. September 1, 2023; Volume 40, Issue 26, eff. October 1, 2024; Volume 41, Issue 15, eff. June 1, 2025; Volume 41, Issue 22, eff. August 1, 2025.

18VAC50-30-130 Reinstatement

A. Except as provided in 18VAC50-30-120 F, if all of the applicable requirements for renewal of the license or certification as specified in 18VAC50-30-120 are not completed within 30 days of the license or certification expiration date, a reinstatement fee will be required as established in subsection B of this section.

B. Reinstatement fees are as follows:

| Tradesman license | $210* | | --- | --- | | Liquefied petroleum gas fitter license | $160* | | Natural gas fitter provider license | $160* | | Backflow prevention device worker certification | $160* | | Elevator mechanic certification | $160* | | Certified accessibility mechanic | $160* | | Water well systems provider certification | $160* | | Residential building energy analyst license | $160* | | *Includes renewal fee listed in 18VAC50-30-120. | |

All fees required by the board are nonrefundable and will not be prorated.

C. The date on which the reinstatement fee is received by the department or its agent will determine whether the license or certification is reinstated or a new application is required.

D. A license or certification may be reinstated for up to 24 months following the expiration date of the license or certification. An individual who fails to reinstate the license or certification within 24 months after the expiration date must apply for a new license or certification and meet entry requirements in effect at the time of the submittal of the new application. Such individual will be deemed eligible to sit for the examination for the same category and specialty of license as the expired license.

E. Any regulated activity conducted subsequent to the expiration of the license may constitute unlicensed activity and may be subject to prosecution under Chapter 1 (§ 54.1-100 et seq.) or Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1 of the Code of Virginia.

F. The board may deny reinstatement of a license or certification for the same reasons as it may refuse initial licensure or certification or discipline a regulant. The regulant has a right to request further review of any such action by the board under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

G. Failure to timely pay any monetary penalty, reimbursement of cost, or other fee assessed by consent order or final order will result in delaying or withholding services provided by the department, including renewal, reinstatement, or processing of a new application.

History

Statutory Authority: §§ 54.1-201, 54.1-1102, and 54.1-1146 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 18, eff. July 1, 1997; amended, Virginia Register Volume 15, Issue 19, eff. July 9, 1999; Volume 19, Issue 6, eff. January 1, 2003; Volume 21, Issue 20, eff. August 1, 2005; Volume 23, Issue 12, eff. April 1, 2007; Volume 24, Issue 3, eff. November 15, 2007; Volume 26, Issue 11, eff. April 1, 2010; Volume 32, Issue 1, eff. November 1, 2015; Volume 32, Issue 3, eff. January 1, 2016; Volume 33, Issue 19, eff. July 1, 2017; Volume 34, Issue 22, eff. January 1, 2019; Volume 35, Issue 21, eff. August 1, 2019; Volume 38, Issue 6, eff. December 8, 2021; Volume 39, Issue 21, eff. September 1, 2023; Volume 40, Issue 26, eff. October 1, 2024; Volume 41, Issue 22, eff. August 1, 2025.

18VAC50-30-140 Status of regulant during the period prior to reinstatement

A. When a regulant is reinstated, the individual will continue to have the same number and be assigned an expiration date three years from the previous expiration date for tradesman licensees and two years from the previous expiration date for all other licensees and certificate holders.

B. A regulant who reinstates a license or certification will be regarded as having been continuously licensed or certified without interruption. Therefore, the regulant will remain under the disciplinary authority of the board during this entire period and may be held accountable for the regulant's activities during this period. Nothing in this chapter will divest the board of its authority to discipline a regulant for a violation of the law or regulations during the period of licensure or certification.

History

Statutory Authority: §§ 54.1-201 and 54.1-1102 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 18, eff. July 1, 1997; amended, Virginia Register Volume 15, Issue 19, eff. July 9, 1999; Volume 23, Issue 12, eff. April 1, 2007; Volume 40, Issue 26, eff. October 1, 2024.

Part IV Standards of Practice

18VAC50-30-150 Adding or deleting trade designations

A. A regulant may add a trade designation to a license by submitting, on a form provided by the board, acceptable evidence of experience, and examination where applicable, in the designation sought. Such regulant must meet the requirements established in 18VAC50-30-30 and the qualifications established in 18VAC50-30-39 applicable to the trade designation being sought.

B. While a regulant may have multiple trade designations on the regulant's license, the renewal date will be based upon the date the license was originally issued to the individual by the board, not the date of the most recent trade designation addition.

C. If a regulant is seeking to delete a designation, then the individual must provide a signed statement listing the designation to be deleted. If the regulant only has one trade or level designation, the deletion of that designation will result in the termination of the license.

History

Statutory Authority: §§ 54.1-201 and 54.1-1102 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 18, eff. July 1, 1997; amended, Virginia Register Volume 15, Issue 19, eff. July 9, 1999; Volume 19, Issue 6, eff. January 1, 2003; Volume 23, Issue 12, eff. April 1, 2007; Volume 26, Issue 11, eff. April 1, 2010; Volume 40, Issue 26, eff. October 1, 2024; Volume 41, Issue 12, eff. April 1, 2025.

18VAC50-30-160 Change of address

Any change of address must be reported in writing to the board within 30 days of the change. The board will not be responsible for the regulant's failure to receive notices or correspondence due to the regulant's failure to report a change of address. A post office box alone is not acceptable.

History

Statutory Authority: §§ 54.1-201 and 54.1-1102 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 18, eff. July 1, 1997; amended, Virginia Register Volume 40, Issue 26, eff. October 1, 2024.

18VAC50-30-170 Transfer of license or certification prohibited

No license or certification issued by the board may be assigned or otherwise transferred.

History

Statutory Authority: §§ 54.1-201 and 54.1-1102 and Article 3 (§ 54.1-1128 et seq.) of Chapter 11 of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 18, eff. July 1, 1997; amended, Virginia Register Volume 15, Issue 19, eff. July 9, 1999; Volume 40, Issue 26, eff. October 1, 2024.

18VAC50-30-180 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 13, Issue 18, eff. July 1, 1997; repealed, Virginia Register Volume 23, Issue 12, eff. April 1, 2007.

Part V Standards of Conduct

18VAC50-30-185 Grounds for disciplinary action

The board may impose remedial education, a monetary penalty in accordance with § 54.1-202 A of the Code of Virginia or revoke, suspend, or refuse to renew any license or certification when the licensee or certificate holder has been found to have violated or cooperated with others in violating any provision of Chapter 1 (§ 54.1-100 et seq.) or Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1 of the Code of Virginia or the regulations of the board.

History

Statutory Authority: §§ 54.1-201, 54.1-1102, and 54.1-1146 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 12, eff. April 1, 2007; amended, Volume 29, Issue 5, eff. January 1, 2013; Volume 30, Issue 6, eff. January 1, 2014; Volume 32, Issue 1, eff. November 1, 2015; Volume 40, Issue 26, eff. October 1, 2024.

18VAC50-30-190 Prohibited acts

The following acts are prohibited and any violation may result in disciplinary action by the board:

Failure in any material way to comply with provisions of Chapter 1 (§ 54.1-100 et seq.) or Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1 of the Code of Virginia or the regulations of the board;
Furnishing substantially inaccurate or incomplete information to the board in obtaining, renewing, reinstating, or maintaining a license or certification;
Where the regulant has failed to report to the board, in writing, the suspension or revocation of a license or certification by another state or a conviction in a court of competent jurisdiction of a building code violation;
Negligence or incompetence in the practice of the licensed or certified profession;
Misconduct in the practice of the licensed or certified profession;
For licensed tradesmen, liquefied petroleum gas fitters, natural gas fitter providers, or gas fitters performing jobs under $1,000, or backflow prevention device workers, elevator mechanics, accessibility mechanics, or water well systems providers performing jobs of any amount, abandonment, the intentional and unjustified failure to complete work contracted for, or the retention or misapplication of funds paid, for which work is either not performed or performed only in part (unjustified cessation of work under the contract for a period of 30 days or more shall be considered evidence of abandonment);
Making any misrepresentation or making a false promise of a character likely to influence, persuade, or induce;
Aiding or abetting an unlicensed contractor to violate any provision of Chapter 1 or Chapter 11 of Title 54.1 of the Code of Virginia or this chapter or combining or conspiring with or acting as agent, partner, or associate for an unlicensed contractor; or allowing one's license or certification to be used by an unlicensed or uncertified individual;
Where the regulant has offered, given, or promised anything of value or benefit to any federal, state, or local government employee for the purpose of influencing that employee to circumvent, in the performance of the employee's duties, any federal, state, or local law, regulation, or ordinance governing the construction industry;
Where the regulant has been convicted or found guilty, after initial licensure or certification, regardless of adjudication, in any jurisdiction of any felony or of a misdemeanor involving lying, cheating or stealing, sexual offense, non-marijuana drug distribution, physical injury, or relating to the practice of the profession, there being no appeal pending therefrom or the time of appeal having elapsed;
Having failed to inform the board in writing, within 30 days, that the regulant was convicted of any felony or a misdemeanor involving lying, cheating, stealing, sexual offense, non-marijuana drug distribution, physical injury, or relating to the practice of the profession;
Having been disciplined by any county, city, town, or any state or federal governing body for actions relating to the practice of any trade, backflow prevention device work, elevator or accessibility work, or water well systems provider work, which action shall be reviewed by the board before the board takes any disciplinary action of its own;
Failure to comply with the Virginia Uniform Statewide Building Code (13VAC5-63);
Practicing in a classification or specialty service for which the regulant is not licensed or certified;
Failure to obtain any document required by the Virginia Department of Health for the drilling, installation, maintenance, repair, construction, or removal of water wells, water well systems, water well pumps, or other water well equipment;
Failure to obtain a building permit or applicable inspection where required;
Failure to perform a residential building energy analysis consistent with the requirements set forth by the board, the U.S. Environmental Protection Agency, the U.S. Department of Energy, or the Energy Star Program;
Failure of a residential building energy analyst to maintain the general liability insurance required in 18VAC50-30-46 A 4; and
Failure of a certified automatic fire sprinkler inspector to continually maintain the certification required in § 54.1-1147 of the Code of Virginia.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 18, eff. July 1, 1997; amended, Virginia Register Volume 15, Issue 19, eff. July 9, 1999; Volume 23, Issue 12, eff. April 1, 2007; Volume 24, Issue 3, eff. November 15, 2007; Volume 29, Issue 5, eff. January 1, 2013; Volume 30, Issue 6, eff. January 1, 2014; Volume 32, Issue 1, eff. November 1, 2015; Volume 36, Issue 13, eff. April 1, 2020; Volume 38, Issue 5, eff. December 1, 2021; Volume 40, Issue 26, eff. October 1, 2024; Volume 41, Issue 12, eff. April 1, 2025.

Part VI Vocational Training and Continuing Education Providers

18VAC50-30-200 Vocational training

A. Vocational training courses must be completed through accredited colleges, universities, junior and community colleges; adult distributive, marketing and formal vocational training as defined in this chapter; Virginia Apprenticeship Council programs; or proprietary schools approved by the Virginia Department of Education.

B. Backflow prevention device worker courses must be completed through schools approved by the board. The board accepts the American Society of Sanitary Engineers' (ASSE) standards for testing procedures. Other programs could be approved after board review. The board requires all backflow training to include instruction in a wet lab.

C. Elevator mechanic courses must be completed through schools approved by the board. The board accepts training programs approved by the National Elevator Industry Education Program (NEIEP). Other programs could be approved after board review. Water well systems provider and certified accessibility courses must be completed through education providers approved by the board.

D. Residential building energy analyst courses must be completed through programs that meet or exceed the standards set forth by the U.S. Environmental Protection Agency, the U.S. Department of Energy, or the Home Performance with Energy Star Program. Other programs could be approved after board review.

History

Statutory Authority: §§ 54.1-201, 54.1-1102, and 54.1-1146 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 18, eff. July 1, 1997; amended, Virginia Register Volume 15, Issue 19, eff. July 9, 1999; Volume 17, Issue 26, eff. November 1, 2001; Volume 23, Issue 12, eff. April 1, 2007; Volume 24, Issue 3, eff. November 15, 2007; Volume 30, Issue 6, eff. January 1, 2014; Volume 32, Issue 1, eff. November 1, 2015; Volume 40, Issue 26, eff. October 1, 2024.

18VAC50-30-210 Continuing education providers

A. Each provider of a building code-related continuing education course must submit an application for approval on a form provided by the board. The application must include:

The name of the provider;
Provider contact person, address and telephone number;
Course contact hours;
Schedule of courses, if established, including dates, time, and locations;
Name of the instructor.

B. Continuing education providers must have their subjects approved by the board. Correspondence and other distance learning courses must include appropriate testing procedures to verify completion of the course.

C. All providers must establish and maintain a record for each student. The record must include the student's name and address, current individual license number, the course name and clock hours attended, the course syllabus or outline, the name of the instructor, the date of successful completion, and the board's course code. Records must be available for inspection during normal business hours by authorized representatives of the board. Providers must maintain class records for a minimum of five years.

History

Statutory Authority: §§ 54.1-201 and 54.1-1102 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 12, eff. April 1, 2007; amended, Virginia Register Volume 40, Issue 26, eff. October 1, 2024.

18VAC50-30-220 Continuing education courses

A. All courses offered by continuing education providers must be approved by the board and must cover articles of the current edition of the building code, including any changes, for the applicable license or certification. For electrical tradesmen, the National Electrical Code; for plumbing tradesmen, the International Plumbing Code; for HVAC tradesmen, the International Mechanical Code; for gas fitter, liquefied petroleum gas fitter, and natural gas fitter provider tradesmen, the International Fuel Gas Code. Courses offered by continuing education providers for elevator mechanics must cover articles of the current edition of the building code and other applicable laws governing elevators, escalators, or related conveyances. Courses offered by continuing education providers for accessibility mechanics must cover articles of the current edition of the building code and other applicable laws governing wheelchair lifts, incline chairlifts, dumbwaiters, and private residence elevators. Courses offered by continuing education providers for water well systems providers must cover the specialty of technical aspects of water well construction, applicable statutory and regulatory provisions, and business practices related to water well construction.

B. Approved continuing education providers must submit an application for course approval on a form provided by the board. The application must include:

The name of the provider and the approved provider number;
The name of the course;
The date, time, and location of the course;
Instructor information, including name, license number, if applicable, and a list of other appropriate trade designations; and
Course syllabus.

C. No regulant will receive credit toward the continuing education requirements of renewal until such approval is received from the board.

History

Statutory Authority: §§ 54.1-201 and 54.1-1102 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 12, eff. April 1, 2007; amended, Virginia Register Volume 24, Issue 3, eff. November 15, 2007; Volume 30, Issue 6, eff. January 1, 2014; Volume 30, Issue 6, eff. January 1, 2014; Volume 40, Issue 26, eff. October 1, 2024.

18VAC50-30-230 Reporting of course completion

All continuing education providers must electronically transmit course completion data to the board in an approved format within seven days of the completion of each individual course. The transmittal must include each student's name, current individual license or certification number, the date of successful completion of the course, and the board's course code.

History

Statutory Authority: §§ 54.1-201 and 54.1-1102 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 12, eff. April 1, 2007; amended, Virginia Register Volume 40, Issue 26, eff. October 1, 2024.

18VAC50-30-240 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 23, Issue 12, eff. April 1, 2007; repealed, Virginia Register Volume 40, Issue 26, eff. October 1, 2024.

18VAC50-30-250 Reporting of changes

Any change in the information provided in 18VAC50-30-210 A must be reported to the board within 30 days of the change with the exception of changes in the schedule of courses, which must be reported within 10 days of the change.

History

Statutory Authority: §§ 54.1-201 and 54.1-1102 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 12, eff. April 1, 2007; amended, Virginia Register Volume 40, Issue 26, eff. October 1, 2024.

18VAC50-30-260 Withdrawal of approval

The board may withdraw approval of any continuing education provider for the following reasons:

The courses being offered no longer meet the standards established by the board.
The provider, through an agent or otherwise, advertises its services in a fraudulent or deceptive way.
The provider, instructor, or designee of the provider falsifies any information relating to the application for approval, course information, or student records or fails to produce records required by 18VAC50-30-210 C.
Failure to comply with 18VAC50-30-250.

History

Statutory Authority: §§ 54.1-201 and 54.1-1102 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 12, eff. April 1, 2007; amended, Virginia Register Volume 40, Issue 26, eff. October 1, 2024.

18VAC50-30-270 Board authority to audit approved education courses

The board may conduct an audit of any board-approved education course to ensure continued compliance with this chapter.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 26, eff. October 1, 2024.

Agency 60 Board of Dentistry

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

18VAC60-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Board of Dentistry. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. November 12, 2008.

18VAC60-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Board of Dentistry, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. November 12, 2008.

Part II Notification of Interested Persons

18VAC60-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. November 12, 2008.

18VAC60-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 18VAC60-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. November 12, 2008.

Part III Public Participation Procedures

18VAC60-11-50 Public comment

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. November 12, 2008; amended, Virginia Register Volume 33, Issue 5, eff. December 15, 2016.

18VAC60-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. November 12, 2008.

18VAC60-11-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. November 12, 2008.

18VAC60-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. November 12, 2008.

18VAC60-11-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. November 12, 2008.

18VAC60-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. November 12, 2008.

18VAC60-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. November 12, 2008.

Chapter 21 Regulations Governing the Practice of Dentistry

Part I General Provisions

18VAC60-21-10 Definitions

A. The following words and terms when used in this chapter shall have the meanings ascribed to them in § 54.1-2700 of the Code of Virginia:

"Appliance"

"Board"

"Dental hygiene"

"Dental hygienist"

"Dentist"

"Dentistry"

"Digital scan"

"Digital scan technician"

"Digital work order"

"License"

"Maxillofacial"

"Oral and maxillofacial surgeon"

B. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"AAOMS" means the American Association of Oral and Maxillofacial Surgeons.

"ADA" means the American Dental Association.

"Advertising" means a representation or other notice given to the public or members thereof, directly or indirectly, by a dentist on behalf of the dentist, the dentist's facility, the dentist's partner or associate, or any dentist affiliated with the dentist or the dentist's facility by any means or method for the purpose of inducing the purchase, sale, or use of dental methods, services, treatments, operations, procedures, or products or to promote continued or increased use of such dental methods, treatments, operations, procedures, or products.

"CODA" means the Commission on Dental Accreditation of the American Dental Association.

"Dental assistant I" means any unlicensed person under the direction of a dentist or a dental hygienist who renders assistance for services provided to the patient as authorized under this chapter but does not include an individual serving in purely an administrative, secretarial, or clerical capacity.

"Dental assistant II" means a person under the direction and direct supervision of a dentist who is registered by the board to perform reversible, intraoral procedures as specified in 18VAC60-21-150 and 18VAC60-21-160.

"Mobile dental facility" means a self-contained unit in which dentistry is practiced that is not confined to a single building and can be transported from one location to another.

"Nonsurgical laser" means a laser that is not capable of cutting or removing hard tissue, soft tissue, or tooth structure.

"Portable dental operation" means a nonfacility in which dental equipment used in the practice of dentistry is transported to and utilized on a temporary basis at an out-of-office location, including patient homes, schools, nursing homes, or other institutions.

"Radiographs" means intraoral and extraoral radiographic images of hard and soft tissues used for purposes of diagnosis.

C. The following words and terms relating to supervision as used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Direct supervision" means that the dentist examines the patient and records diagnostic findings prior to delegating restorative or prosthetic treatment and related services to a dental assistant II for completion the same day or at a later date. The dentist prepares the tooth to be restored and remains immediately available in the office to the dental assistant II for guidance or assistance during the delivery of treatment and related services. The dentist examines the patient to evaluate the treatment and services before the patient is dismissed.

"Direction" means the level of supervision (i.e., immediate, direct, indirect, or general) that a dentist is required to exercise with a dental hygienist, a dental assistant I, a dental assistant II, or a certified registered nurse anesthetist or the level of supervision that a dental hygienist is required to exercise with a dental assistant to direct and oversee the delivery of treatment and related services. For the purpose of a digital scan technician, "direction" means the written or electronic instructions provided by a dentist to a digital scan technician in the form of a work order for a digital scan of a patient and the dentist's specified availability to consult with a digital scan technician while the scan is being taken.

"General supervision" means that a dentist completes a periodic comprehensive examination of the patient and issues a written order for hygiene treatment that states the specific services to be provided by a dental hygienist during one or more subsequent appointments when the dentist may or may not be present. Issuance of the order authorizes the dental hygienist to supervise a dental assistant performing duties delegable to dental assistants I.

"Immediate supervision" means the dentist is in the operatory to supervise the administration of sedation or provision of treatment.

"Indirect supervision" means the dentist examines the patient at some point during the appointment and is continuously present in the office to advise and assist a dental hygienist, a dental assistant, or a certified registered nurse anesthetist who is (i) delivering hygiene treatment, (ii) preparing the patient for examination or treatment by the dentist, (iii) preparing the patient for dismissal following treatment, or (iv) administering topical local anesthetic, sedation, or anesthesia as authorized by law or regulation.

"Remote supervision" means that a supervising dentist is accessible and available for communication and consultation with a dental hygienist during the delivery of dental hygiene services, but such dentist may not have conducted an initial examination of the patients who are to be seen and treated by the dental hygienist and may not be present with the dental hygienist when dental hygiene services are being provided. For the purpose of practice by a public health dental hygienist, "remote supervision" means that a public health dentist has regular, periodic communications with a public health dental hygienist regarding patient treatment, but such dentist may not have conducted an initial examination of the patients who are to be seen and treated by the dental hygienist and may not be present with the dental hygienist when dental hygiene services are being provided. For the purpose of supervision of a digital scan technician, remote supervision means that a directing dentist is accessible and available for communication and consultation in the practice of teledentistry.

D. The following words and terms relating to sedation or anesthesia as used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Analgesia" means the diminution or elimination of pain.

"Continual" or "continually" means repeated regularly and frequently in a steady succession.

"Continuous" or "continuously" means prolonged without any interruption at any time.

"Deep sedation" means a drug-induced depression of consciousness during which patients cannot be easily aroused but respond purposefully following repeated or painful stimulation. Reflex withdrawal from a painful stimulus is not considered a purposeful response. The ability to independently maintain ventilatory function may be impaired. Patients may require assistance in maintaining a patent airway, and spontaneous ventilation may be inadequate. Cardiovascular function is usually maintained.

"General anesthesia" means a drug-induced loss of consciousness during which patients are not arousable, even by painful stimulation. The ability to independently maintain ventilator function is often impaired. Patients often require assistance in maintaining a patent airway, and positive pressure ventilation may be required because of depressed spontaneous ventilation or drug-induced depression of neuromuscular function. Cardiovascular function may be impaired.

"Inhalation" means a technique of administration in which a gaseous or volatile agent, including nitrous oxide, is introduced into the pulmonary tree and whose primary effect is due to absorption through the pulmonary bed.

"Inhalation analgesia" means the inhalation of nitrous oxide and oxygen to produce a state of reduced sensation of pain with minimal alteration of consciousness.

"Local anesthesia" means the elimination of sensation, especially pain, in one part of the body by the topical application or regional injection of a drug.

"Minimal sedation" means a drug-induced state during which patients respond normally to verbal commands. Although cognitive function and physical coordination may be impaired, airway reflexes and ventilator and cardiovascular functions are unaffected. Minimal sedation includes the diminution or elimination of anxiety through the use of pharmacological agents in a dosage that does not cause depression of consciousness and includes "inhalation analgesia" when used in combination with any such sedating agent administered prior to or during a procedure.

"Moderate sedation" means a drug-induced depression of consciousness, during which patients respond purposefully to verbal commands, either alone or accompanied by light tactile stimulation. Reflex withdrawal from a painful stimulus is not considered a purposeful response. No interventions are required to maintain a patent airway, and spontaneous ventilation is adequate. Cardiovascular function is usually maintained.

"Monitoring" means to observe, interpret, assess, and record appropriate physiologic functions of the body during sedative procedures and general anesthesia appropriate to the level of sedation as provided in Part VII (18VAC60-21-260 et seq.) of this chapter.

"Parenteral" means a technique of administration in which the drug bypasses the gastrointestinal tract (i.e., intramuscular, intravenous, intranasal, submucosal, subcutaneous, or intraocular).

"Provide" means, in the context of regulations for moderate sedation or deep sedation or general anesthesia, to supply, give, or issue sedating medications. A dentist who does not hold the applicable permit cannot be the provider of moderate sedation or deep sedation or general anesthesia.

"Titration" means the incremental increase in drug dosage to a level that provides the optimal therapeutic effect of sedation.

"Topical oral anesthetic" means any drug, available in creams, ointments, aerosols, sprays, lotions, or jellies, that can be used orally for the purpose of rendering the oral cavity insensitive to pain without affecting consciousness.

"Vital signs" means clinical measurements, specifically pulse rate, respiration rate, and blood pressure, that indicate the state of a patient's essential body functions.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 33, Issue 4, eff. November 16, 2016; Volume 33, Issue 9, eff. February 10, 2017; Volume 34, Issue 1, eff. October 4, 2017; Volume 37, Issue 13, eff. March 17, 2021; Volume 41, Issue 2, eff. October 24, 2024; Volume 42, Issue 14, eff. March 25, 2026.

18VAC60-21-20 Address of record

Each licensed dentist shall provide the board with a current address of record. All required notices and correspondence mailed by the board to any such licensee shall be validly given when mailed to the address of record on file with the board. Each licensee may also provide a different address to be used as the public address, but if a second address is not provided, the address of record shall be the public address. All changes of address shall be furnished to the board in writing within 30 days of such changes.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015.

18VAC60-21-30 Posting requirements

A. Any employing dentist, firm, or company must enable compliance with § 54.1-2720 of the Code of Virginia by designating a space at the entrance of the office for the name of the practicing dentist to be displayed.

B. A dentist who administers, prescribes, or dispenses Schedules II through V controlled substances shall maintain a copy of the dentist's current registration with the federal Drug Enforcement Administration in a readily retrievable manner at each practice location.

C. A dentist who administers moderate sedation, deep sedation, or general anesthesia in a dental office shall display the dentist's sedation or anesthesia permit issued by the board or certificate issued by AAOMS.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2709.5 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 33, Issue 11, eff. March 9, 2017; Volume 35, Issue 5, eff. November 28, 2018; Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-21-40 Required fees

A. Application or registration fees.

| 1. Dental license by examination | $400 | | --- | --- | | 2. Dental license by credentials | $500 | | 3. Dental restricted teaching license (pursuant to § 54.1-2714 of the Code of Virginia) | $285 | | 4. Dental faculty license (pursuant to § 54.1-2713 of the Code of Virginia) | $400 | | 5. Temporary dental permit (pursuant to § 54.1-2715 of the Code of Virginia) | $400 | | 6. Dental temporary resident's license | $60 | | 7. Restricted volunteer license | $25 | | 8. Volunteer exemption registration | $10 | | 9. Oral maxillofacial surgeon registration | $175 | | 10. Cosmetic procedures certification | $225 | | 11. Mobile clinic/portable operation | $250 | | 12. Moderate sedation permit | $100 | | 13. Deep sedation/general anesthesia permit | $100 |

B. Renewal fees.

| 1. Dental license - active, faculty, or temporary permit | $285 | | --- | --- | | 2. Dental license - inactive | $145 | | 3. Dental temporary resident's license | $35 | | 4. Restricted volunteer license | $15 | | 5. Oral maxillofacial surgeon registration | $175 | | 6. Cosmetic procedures certification | $100 | | 7. Moderate sedation permit | $100 | | 8. Deep sedation/general anesthesia permit | $100 | | 9. Mobile clinic/portable operation | $150 |

C. Late fees.

| 1. Dental license - active | $100 | | --- | --- | | 2. Dental license - inactive | $50 | | 3. Dental temporary resident's license | $15 | | 4. Oral maxillofacial surgeon registration | $55 | | 5. Cosmetic procedures certification | $35 | | 6. Moderate sedation permit | $35 | | 7. Deep sedation/general anesthesia permit | $35 | | 8. Mobile clinic/portable operation | $50 |

D. Reinstatement fees.

| 1. Dental license - expired | $500 | | --- | --- | | 2. Dental license - suspended | $750 | | 3. Dental license - revoked | $1000 | | 4. Oral maxillofacial surgeon registration | $350 | | 5. Cosmetic procedures certification | $225 | | 6. Moderate sedation permit | $150 | | 7. Deep sedation/general anesthesia permit | $150 |

E. Document fees.

| 1. Duplicate wall certificate | $60 | | --- | --- | | 2. Duplicate license | $20 | | 3. License certification | $35 |

F. Other fees.

| 1. Handling fee for returned check or dishonored credit or debit card | $50 | | --- | --- | | 2. Practice inspection fee | $350 |

G. No fee will be refunded or applied for any purpose other than the purpose for which the fee is submitted.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 34, Issue 11, eff. February 21, 2018; Volume 35, Issue 5, eff. November 28, 2018; Volume 36, Issue 24, eff. August 19, 2020; Volume 37, Issue 1, eff. October 15, 2020; Volume 39, Issue 8, eff. January 19, 2023; Volume 41, Issue 2, eff. October 24, 2024.

Part II Standards of Practice

18VAC60-21-50 Scope of practice

A. A dentist shall only treat based on a bona fide dentist-patient relationship for medicinal or therapeutic purposes within the course of the dentist's professional practice consistent with the definition of dentistry in § 54.1-2700 of the Code of Virginia, the provisions for controlled substances in the Drug Control Act (Chapter 34 (§ 54.1-3400 et seq.) of Title 54.1 of the Code of Virginia), and the general provisions for health practitioners in the Code of Virginia. A bona fide dentist-patient relationship is established when examination and diagnosis of a patient is initiated.

B. For the purpose of prescribing controlled substances, the bona fide dentist-patient relationship shall be established in accordance with § 54.1-3303 of the Code of Virginia.

C. When treating or prescribing for family, the practitioner shall maintain a patient record documenting compliance with statutory criteria for a bona fide practitioner-patient relationship.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; Errata, 32:6 VA.R. 1132 November 16, 2015; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-21-55 Training requirements for administration of botulinum toxin injections for cosmetic purposes

A. A dentist may possess and administer botulinum toxin injections for cosmetic purposes, provided that the dentist has completed 12 hours of training in the subjects listed in subsection C of this section. Training must include a minimum of four hours of clinical, in-person training on at least two live patients, which shall include patient follow-up post-procedure. Eight of the 12 hours of training may be didactic and may be obtained online or in person.

B. To satisfy the requirements of this section, training must be provided by a dental program or advanced dental education program accredited by CODA, the ADA or its constituent or branch associations, or the Academy of General Dentistry.

C. Training to possess and administer botulinum toxin injections for cosmetic purposes shall include the following subjects:

Assessing patients for use of botulinum toxin injections;
Screening of patient expectations and psychological motivations;
Diagnosis, planning, and treatment;
Informed consent, including off-label use of botulinum toxins;
Anatomy and neurophysiology of the head and neck;
Indications and contraindications for the use of botulinum toxin injections, including off-label and approved product uses;
Pharmacology of neurotoxins and botulinum toxins;
Safety and risks associated with use of botulinum toxins, including the recognition and management of adverse reactions and complications;
Preparation and administration of botulinum toxins; and
Evaluation of patient outcomes.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 18, eff. May 20, 2026.

18VAC60-21-60 General responsibilities to patients

A. A dentist is responsible for conducting a dentistry practice in a manner that safeguards the safety, health, and welfare of patients and the public by:

Maintaining a safe and sanitary practice.
Consulting with or referring patients to other practitioners with specialized knowledge, skills, and experience when needed to safeguard and advance the health of the patient.
Treating according to the patient's desires only to the extent that such treatment is within the bounds of accepted treatment and only after the patient has been given a treatment recommendation and an explanation of the acceptable alternatives.
Only delegating patient care and exposure of dental x-rays or taking of digital scans to qualified, properly trained and supervised personnel as authorized in Part IV (18VAC60-21-110 et seq.) of this chapter.
Giving patients at least 30 days written notice of a decision to terminate the dentist-patient relationship.
Knowing the signs of abuse and neglect and reporting suspected cases to the proper authorities consistent with state law.
Accurately representing to a patient and the public the materials or methods and techniques to be used in treatment.

B. A dentist is responsible for conducting financial responsibilities to patients and third-party payers in an ethical and honest manner by:

Providing customary fees and representing all fees being charged clearly and accurately.
Not exploiting the dentist-patient relationship for personal gain related to nondental transactions.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024; Volume 42, Issue 14, eff. March 25, 2026.

18VAC60-21-70 Unprofessional practice

A. No dentist shall commit any act that violates provisions of the Code of Virginia that reasonably relate to the practice of dentistry, including:

Delegating any dental service or operation that requires the professional competence or judgment of a dentist to any person who is not a licensed dentist or dental hygienist or a registered dental assistant II.
Violating any applicable statute or regulation governing ionizing radiation in the Commonwealth of Virginia, including current regulations promulgated by the Virginia Department of Health.
Failing to maintain and dispense scheduled drugs as authorized by the Virginia Drug Control Act (Chapter 34 (§ 54.1-3400 et seq.) of Title 54.1 of the Code of Virginia) and the regulations of the Board of Pharmacy.
Failing to cooperate with an employee of the Department of Health Professions in the conduct of an investigation or inspection.

B. Sexual conduct with a patient, employee, or student.

Sexual contact with a patient, employee, or student shall constitute unprofessional conduct if:

a. The sexual contact is unwanted or nonconsensual; or

b. The sexual contact is a result of the exploitation of trust, knowledge, or influence derived from the professional relationship or if the contact has had or is likely to have an adverse effect on patient care.

The determination of when a person is a patient for purposes of this section will be made on a case-by-case basis, with consideration given to the nature, extent, and context of the professional relationship between the practitioner and the person. The fact that the person is not actively receiving treatment or professional services from a practitioner is not determinative of this issue. A person is presumed to remain a patient until the practitioner-patient relationship is terminated.
Sexual contact between a practitioner and a former patient after termination of the practitioner-patient relationship may still constitute unprofessional conduct if the sexual contact is a result of the exploitation of trust, knowledge, or influence derived from the professional relationship.
Sexual contact between a practitioner and a key third party shall constitute unprofessional conduct if the sexual contact is the result of the exploitation of trust, knowledge, or influence derived from the professional relationship or if the contact has had or is likely to cause an adverse effect on patient care. For purposes of this section, "key third party" shall mean spouse, partner, parent, child, guardian, or legal representative of a patient.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-21-80 Advertising

A. Practice limitation. A general dentist who limits the general dentist's practice to a dental specialty or describes the general dentist's practice by types of treatment shall state in conjunction with the general dentist's name that he is a general dentist providing certain services (e.g., orthodontic services).

B. Fee disclosures. Any statement specifying a fee for a dental service that does not include the cost of all related procedures, services, and products that, to a substantial likelihood, will be necessary for the completion of the advertised services as it would be understood by an ordinarily prudent person shall be deemed to be deceptive or misleading. Where reasonable disclosure of all relevant variables and considerations is made, a statement of a range of fees for specifically described dental services shall not be deemed to be deceptive or misleading.

C. Discounts and free offers. Discount and free offers for a dental service are permissible for advertising only when the nondiscounted or full fee, if any, and the final discounted fee are also disclosed in the advertisement. In addition, the time period for obtaining the discount or free offer must be stated in the advertisement. The dentist shall maintain documented evidence to substantiate the discounted fee or free offer.

D. Retention of advertising. A prerecorded or archived copy of all advertisements shall be retained for a two-year period following the final appearance of the advertisement. The advertising dentist is responsible for making prerecorded or archived copies of the advertisement available to the board within five days following a request by the board.

E. Routine dental services. Advertising of fees pursuant to this section is limited to procedures that are set forth in the American Dental Association's "Dental Procedures Codes," published in Current Dental Terminology in effect at the time the advertisement is issued.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-21-90 Patient information and records

A. A dentist shall maintain complete, legible, and accurate patient records for not less than six years from the last date of service for purposes of review by the board with the following exceptions:

Records of a minor child shall be maintained until the child reaches 18 years of age or becomes emancipated, with a minimum time for record retention of six years from the last patient encounter regardless of the age of the child;
Records that have previously been transferred to another practitioner or health care provider or provided to the patient or the patient's personal representative pursuant to § 54.1-2405 of the Code of Virginia; and
Records that are required by contractual obligation or federal law may need to be maintained for a longer period of time.

B. Every patient record shall include documentary evidence of the following:

Patient's name on each page in the patient record;
A health history taken at the initial appointment that is updated (i) when analgesia, sedation, or anesthesia is to be administered; (ii) when medically indicated; and (iii) at least annually;
Diagnosis and options discussed, including the risks and benefits of treatment or nontreatment and the estimated cost of treatment options;
Consent for treatment obtained and treatment rendered;
List of drugs prescribed, administered, or dispensed and the route of administration, quantity, dose, and strength;
Radiographs, digital images, and photographs clearly labeled with patient name, date taken, and teeth identified;
Notation of each treatment rendered, the date of treatment and of the dentist, dental hygienist, and dental assistant II providing service;
Duplicate laboratory work orders that meet the requirements of § 54.1-2719 of the Code of Virginia, including the address and signature of the dentist;
Itemized patient financial records as required by § 54.1-2404 of the Code of Virginia;
A notation or documentation of an order required for treatment of a patient by a dental hygienist practicing under general supervision as required in 18VAC60-21-140 B; and
The information required for the administration of moderate sedation, deep sedation, and general anesthesia required in 18VAC60-21-260 D.

C. Records shall not be withheld because the patient has an outstanding financial obligation.

D. A reasonable cost-based fee may be charged for copying patient records to include the cost of supplies and labor for copying documents, duplication of radiographs and images, and postage if mailing is requested as authorized by § 32.1-127.1:03 of the Code of Virginia. The charges specified in § 8.01-413 of the Code of Virginia are permitted when records are subpoenaed as evidence for purposes of civil litigation.

E. Records shall not be abandoned or otherwise left in the care of someone who is not licensed by the board except that, upon the death of a licensee, a trustee or executor of the estate may safeguard the records until they are transferred to a licensed dentist, sent to the patients of record, or destroyed.

F. Patient confidentiality must be preserved when records are destroyed.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2709.5 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 35, Issue 5, eff. November 28, 2018; Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-21-100 Reportable events during or following treatment or the administration of sedation or anesthesia

The treating dentist shall submit a written report to the board within 15 calendar days following an unexpected patient event that occurred intra-operatively or during the first 24 hours immediately following the patient's departure from his facility, resulting in either a physical injury or a respiratory, cardiovascular, or neurological complication that was related to the dental treatment or service provided and that necessitated admission of the patient to a hospital or in a patient death. Any emergency treatment of a patient by a hospital that is related to sedation anesthesia shall also be reported.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015.

Part III Prescribing for Pain Management

18VAC60-21-101 Definitions

The following words and terms when used in this part shall have the following meanings unless the context clearly indicates otherwise:

"Acute pain" means pain that occurs within the normal course of a disease or condition or as the result of surgery for which controlled substances may be prescribed for no more than three months.

"Chronic pain" means nonmalignant pain that goes beyond the normal course of a disease or condition for which controlled substances may be prescribed for a period greater than three months.

"Controlled substance" means drugs listed in The Drug Control Act (§ 54.1-3400 et seq. of the Code of Virginia) in Schedules II through IV.

"MME" means morphine milligram equivalent.

"Prescription Monitoring Program" means the electronic system within the Department of Health Professions that monitors the dispensing of certain controlled substances.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2708.4 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 35, Issue 12, eff. March 6, 2019.

18VAC60-21-102 Evaluation of the patient in prescribing for acute pain

A. Nonpharmacologic and non-opioid treatment for pain shall be given consideration prior to treatment with opioids. If an opioid is considered necessary for the treatment of acute pain, the dentist shall follow the regulations for prescribing and treating with opioids in 18VAC60-21-103 and 18VAC60-21-104.

B. Prior to initiating treatment with a controlled substance containing an opioid for a complaint of acute pain, the dentist shall perform a health history and physical examination appropriate to the complaint, query the Prescription Monitoring Program as set forth in § 54.1-2522.1 of the Code of Virginia, and conduct an assessment of the patient's history and risk of substance abuse.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2708.4 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 35, Issue 12, eff. March 6, 2019.

18VAC60-21-103 Treatment of acute pain with opioids

A. Initiation of opioid treatment for all patients with acute pain shall include the following:

A prescription for an opioid shall be a short-acting opioid in the lowest effective dose for the fewest number of days, not to exceed seven days as determined by the manufacturer's directions for use, unless extenuating circumstances are clearly documented in the patient record.
The dentist shall carefully consider and document in the patient record the reasons to exceed 50 MME per day.
Prior to exceeding 120 MME per day, the dentist shall refer the patient to or consult with a pain management specialist and document in the patient record the reasonable justification for such dosage.
Naloxone shall be prescribed for any patient when there is any risk factor of prior overdose, substance abuse, or doses in excess of 120 MME per day and shall be considered when concomitant use of benzodiazepine is present.

B. If another prescription for an opioid is to be written beyond seven days, the dentist shall:

Reevaluate the patient and document in the patient record the continued need for an opioid prescription; and
Check the patient's prescription history in the Prescription Monitoring Program.

C. Due to a higher risk of fatal overdose when opioids are prescribed with benzodiazepines, sedative hypnotics, carisoprodol, and tramadol, the dentist shall only co-prescribe these substances when there are extenuating circumstances and shall document in the patient recorda tapering plan to achieve the lowest possible effective doses if these medications are prescribed.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2708.4 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 35, Issue 12, eff. March 6, 2019.

18VAC60-21-104 Patient recordkeeping requirement in prescribing for acute pain

The patient record shall include a description of the pain, a presumptive diagnosis for the origin of the pain, an examination appropriate to the complaint, a treatment plan, and the medication prescribed, including date, type, dosage, strength, and quantity prescribed.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2708.4 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 35, Issue 12, eff. March 6, 2019.

18VAC60-21-105 Prescribing of opioids for chronic pain

If a dentist treats a patient for whom an opioid prescription is necessary for chronic pain, the dentist shall either:

Refer the patient to a medical doctor who is a pain management specialist; or
Comply with regulations of the Board of Medicine, 18VAC85-21-60 through 18VAC85-21-120, if the dentist chooses to manage the chronic pain with an opioid prescription.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2708.4 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 35, Issue 12, eff. March 6, 2019.

18VAC60-21-106 Continuing education required for prescribers

Any dentist who prescribes Schedules II, III, and IV controlled substances shall obtain two hours of continuing education on pain management every two years. Continuing education hours required for prescribing of controlled substances may be included in the 15 hours required for renewal of licensure.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2708.4 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 35, Issue 12, eff. March 6, 2019; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-21-107 Waiver for electronic prescribing

Upon written request, the board may grant a one-time waiver of the requirement of § 54.1-3408.02 of the Code of Virginia for a period not to exceed one year, due to demonstrated economic hardship, technological limitations that are not reasonably within the control of the prescriber, or other exceptional circumstances demonstrated by the prescriber.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3408.02 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 38, Issue 10, eff. February 2, 2022; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-21-108 Patient counseling for opioids

A. Prior to issuing a prescription for an opioid to treat acute or chronic pain, practitioners must provide patient counseling on the following:

The risks of addiction and overdose associated with opioid drugs and the dangers of taking opioid drugs with alcohol, benzodiazepines, and other central nervous system depressants;
The reasons why the prescription is necessary;
Alternative treatments that may be available; and
Risks associated with the use of the drugs being prescribed, specifically that opioids are highly addictive, even when taken as prescribed, that there is a risk of developing a physical or psychological dependence on the controlled dangerous substance, and that the risks of taking more opioids than prescribed, or mixing sedatives, benzodiazepines, or alcohol with opioids can result in fatal respiratory depression.

Such patient counseling shall be documented in the patient's medical record.

B. Patient counseling as described in subsection A shall not be a requirement for patients who are (i) in active treatment for cancer, (ii) receiving hospice care from a licensed hospice or palliative care, (iii) residents of a long-term care facility, (iv) being prescribed an opioid in the course of treatment for substance abuse or opioid dependence, or (v) receiving treatment for sickle cell disease.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 41, Issue 2, eff. October 9, 2024.

Part IV Direction and Delegation of Duties

18VAC60-21-110 Utilization of dental hygienists and dental assistants II

A dentist may utilize up to a total of four dental hygienists or dental assistants II in any combination practicing under direction at one and the same time. In addition, a dentist may permit, through issuance of written orders for services, additional dental hygienists to practice under general supervision in a free clinic or a public health program, or on a voluntary basis.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 33, Issue 4, eff. November 16, 2016; Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-21-120 Requirements for direction and general supervision

A. In all instances and on the basis of diagnosis, a licensed dentist assumes ultimate responsibility for determining with the patient or the patient's representative the specific treatment the patient will receive, which aspects of treatment will be delegated to qualified personnel, and the direction required for such treatment, in accordance with this chapter and the Code of Virginia.

B. Dental hygienists acting within the scope of a license issued by the board under § 54.1-2722 or 54.1-2725 of the Code of Virginia who teach dental hygiene in a CODA accredited program are exempt from this section.

C. Duties delegated to a dental hygienist under indirect supervision shall only be performed when the dentist is present in the facility and examines the patient during the time services are being provided.

D. Duties that are delegated to a dental hygienist under general supervision shall only be performed if the following requirements are met:

The treatment to be provided shall be ordered by a dentist licensed in Virginia and shall be entered in writing in the record. The services noted on the original order shall be rendered within a specific time period, not to exceed 10 months from the date the dentist last performed a periodic examination of the patient. Upon expiration of the order, the dentist shall have examined the patient before writing a new order for treatment under general supervision.
The patient or a responsible adult shall be informed prior to the appointment that a dentist may not be present, that only topical oral anesthetics can be administered to manage pain, and that only those services prescribed by the dentist will be provided.
Written basic emergency procedures shall be established and in place, and the hygienist shall be capable of implementing those procedures.

E. An order for treatment under general supervision shall not preclude the use of another level of supervision when, in the professional judgment of the dentist, such level of supervision is necessary to meet the individual needs of the patient.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-21-130 Nondelegable duties; dentists

Only licensed dentists shall perform the following duties:

Final diagnosis and treatment planning;
Performing surgical or cutting procedures on hard or soft tissue except a dental hygienist performing gingival curettage as provided in 18VAC60-21-140;
Prescribing or parenterally administering drugs or medicaments, except a dental hygienist, who meets the requirements of 18VAC60-25-100, may parenterally administer Schedule VI local anesthesia to patients 18 years of age or older;
Authorization of work orders for any appliance or prosthetic device or restoration that is to be inserted into a patient's mouth;
Operation of high speed rotary instruments in the mouth;
Administering and monitoring moderate sedation, deep sedation, or general anesthetics except as provided for in § 54.1-2701 of the Code and Part VII (18VAC60-21-260 et seq.) of this chapter;
Condensing, contouring, or adjusting any final, fixed, or removable prosthodontic appliance or restoration in the mouth with the exception of packing and carving amalgam and placing and shaping composite resins by dental assistants II with advanced training as specified in 18VAC60-30-120;
Final positioning and attachment of orthodontic bonds and bands; and
Final adjustment and fitting of crowns and bridges in preparation for final cementation.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2709.5 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 35, Issue 5, eff. November 28, 2018.

18VAC60-21-140 Delegation to dental hygienists

A. The following duties shall only be delegated to dental hygienists under direction and may only be performed under indirect supervision:

Scaling, root planing, or gingival curettage of natural and restored teeth using hand instruments, slow-speed rotary instruments, ultrasonic devices, and nonsurgical lasers, with any sedation or anesthesia administered.
Performing an initial examination of teeth and surrounding tissues, including the charting of carious lesions, periodontal pockets, or other abnormal conditions for assisting the dentist in the diagnosis.
Administering nitrous oxide or local anesthesia by dental hygienists qualified in accordance with the requirements of 18VAC60-25-100.

B. The following duties shall only be delegated to dental hygienists and may be performed under indirect supervision or may be delegated by written order in accordance with §§ 54.1-2722 D and 54.1-3408 J of the Code of Virginia to be performed under general supervision:

Scaling, root planing, or gingival curettage of natural and restored teeth using hand instruments, slow-speed rotary instruments, ultrasonic devices, and nonsurgical lasers with or without topical oral anesthetics.
Polishing of natural and restored teeth using air polishers.
Performing a clinical examination of teeth and surrounding tissues, including the charting of carious lesions, periodontal pockets, or other abnormal conditions, for further evaluation and diagnosis by the dentist.
Subgingival irrigation or subgingival application of topical Schedule VI medicinal agents pursuant to § 54.1-3408 J of the Code of Virginia.
Duties appropriate to the education and experience of the dental hygienist and the practice of the supervising dentist, with the exception of those listed as nondelegable in 18VAC60-21-130, those restricted to indirect supervision in subsection A of this section, and those restricted to delegation to dental assistants II in 18VAC60-21-150.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 33, Issue 4, eff. November 16, 2016; Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-21-150 Delegation to dental assistants II

The following duties may only be delegated under the direction and direct supervision of a dentist to a dental assistant II who has completed the coursework, corresponding module of laboratory training, corresponding module of clinical experience, and examinations specified in 18VAC60-30-120:

Performing pulp capping procedures;
Packing and carving of amalgam restorations;
Placing and shaping composite resin restorations with a slow speed handpiece;
Taking final impressions;
Use of a non-epinephrine retraction cord; and
Final cementation of crowns and bridges after adjustment and fitting by the dentist.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015.

18VAC60-21-160 Delegation to dental assistants I and II

Duties appropriate to the training and experience of the dental assistant and the practice of the supervising dentist may be delegated to a dental assistant I or II under indirect supervision, with the exception of those listed as nondelegable in 18VAC60-21-130, those that may only be delegated to dental hygienists as listed in 18VAC60-21-140, and those that may only be delegated to a dental assistant II as listed in 18VAC60-21-150.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-21-165 Delegation to digital scan technicians for use in teledentistry

A. A dentist who delegates the taking of a digital scan by a digital scan technician shall ensure that the technician has a certificate of completion from a training program approved by the board that includes:

Training in prepping the patient, taking and evaluating the quality of a digital scan, safety protocols, and dental terminology given by a sponsor approved for continuing education as set forth in 18VAC60-21-250 C; and
In-office training by the manufacturer on the proper operation of the digital scanner that includes orientation to the process and protocols for taking and evaluating digital scans for fabrication of a restoration or an appliance.

B. The dentist who directs a digital scan technician to take digital scans shall establish:

Written or electronic protocols for the practice of teledentistry in compliance with § 54.1-2711 B and C of the Code of Virginia;
Written or electronic protocols and procedures for the performance of digital scans by digital scan technicians in compliance with § 54.1-2708.5 B of the Code of Virginia; and
A written or electronic work order for a digital scan that includes the required components of a dental work order.

C. The dentist who directs a digital scan technician to take digital scans shall be:

Licensed by the board to practice dentistry in the Commonwealth;
Accessible and available for communication and consultation with the digital scan technician at all times during the patient interaction;
Ultimately responsible for communicating with the patient or the patient's representative the specific treatment the patient will receive, which aspects of treatment will be delegated to qualified personnel, and the direction required for such treatment, in accordance with this chapter and the Code of Virginia.

D. The directing dentist shall make available to the board any requested:

Protocols and procedures as specified in subsection B of this section;
Evidence that the digital scan technician has complied with the training requirements of subsection A of this section; and
Written or electronic work orders used for digital scans.

History

Statutory Authority: §§ 54.1-2400, 54.1-2700, 54.1-2708.5, and 54.1-2711 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 14, eff. March 25, 2026.

18VAC60-21-170 Radiation certification

No dentist shall permit a person not otherwise licensed by the board to place or expose dental radiograph film unless the person has one of the following: (i) satisfactory completion of a radiation safety course and examination given by an institution that maintains a program in dental assisting, dental hygiene, or dentistry accredited by CODA; (ii) certification by the American Registry of Radiologic Technologists; or (iii) satisfactory completion of the Radiation Health and Safety Review Course provided by the Dental Assisting National Board or its affiliate and passage of the Radiation Health and Safety Exam given by the Dental Assisting National Board. Any certificate issued pursuant to satisfying the requirements of this section shall be posted in plain view of the patient.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-21-180 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; repealed, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

Part V Entry, Licensure, and Registration Requirements

18VAC60-21-190 General application provisions

A. Applications for any dental license, registration, or permit issued by the board, other than for a volunteer exemption or for a restricted volunteer license, shall include:

A final certified transcript from the college from which the applicant received the dental degree or post-doctoral degree or certificate as specified in 18VAC60-21-200;
Verifiable evidence documenting passage of all parts of the Joint Commission on National Dental Examinations; and
A current report from the U.S. Department of Health and Human Services National Practitioner Data Bank (NPDB).

B. If a transcript or other documentation required for licensure cannot be produced by the entity from which it is required, the board, in its discretion, may accept other evidence of qualification for licensure.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; Errata, 32:7 VA.R. 1330 November 30, 2015; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-21-200 Education

An applicant for unrestricted dental licensure shall be a graduate of and a holder of a diploma or a certificate from a dental program accredited by the Commission on Dental Accreditation of the American Dental Association or the Commission on Dental Accreditation of Canada, which consists of either a pre-doctoral dental education program or at least a 12-month post-doctoral advanced general dentistry program or a post-doctoral dental program of at least 24 months in any other specialty that includes a clinical component.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 32, Issue 8, eff. January 28, 2015.

18VAC60-21-210 Qualifications for an unrestricted license

A. Dental licensure by examination.

All applicants for licensure by examination shall have:

a. Successfully completed all parts of the National Board Dental Examination given by the Joint Commission on National Dental Examinations; and

b. Passed a dental clinical competency examination that is accepted by the board.

If a candidate has failed any section of a clinical competency examination three times, the candidate shall complete a minimum of 14 hours of additional clinical training in each section of the examination to be retested in order to be approved by the board to sit for the examination a fourth time.
An applicant who successfully completed a clinical competency examination five or more years prior to the date of receipt of the applicant's application for licensure by the board may be required to retake an examination or complete clinical training as required by the board unless the applicant demonstrates that the applicant has maintained clinical, ethical, and legal practice in another jurisdiction of the United States or in federal civil or military service for 48 of the past 60 months immediately prior to submission of an application for licensure.

B. Dental licensure by credentials. All applicants for licensure by credentials shall:

Have passed all parts of the National Board Dental Examination given by the Joint Commission on National Dental Examinations;
Have successfully completed a clinical competency examination acceptable to the board;
Hold a current, unrestricted license to practice dentistry in another jurisdiction of the United States and be certified to be in good standing by each jurisdiction in which a license is currently held or has been held; and
Have been in continuous clinical practice in another jurisdiction of the United States or in federal civil or military service for five out of the six years immediately preceding application for licensure pursuant to this section. Active patient care in another jurisdiction of the United States (i) as a volunteer in a public health clinic, (ii) as an intern, or (iii) in a residency program may be accepted by the board to satisfy this requirement. One year of clinical practice shall consist of a minimum of 600 hours of practice in a calendar year as attested by the applicant.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-21-220 Inactive license

A. Any dentist who holds a current, unrestricted license in Virginia may, upon a request on the renewal application and submission of the required fee, be issued an inactive license. With the exception of practice with a current restricted volunteer license as provided in § 54.1-2712.1 of the Code of Virginia, the holder of an inactive license shall not be entitled to perform any act requiring a license to practice dentistry in Virginia.

B. Any dentist who holds an inactive license may reactivate the license upon submission of the required application, which includes evidence of continuing clinical competence and payment of the difference between the current renewal fee for inactive licensure and the current renewal fee for active licensure. To evaluate continuing clinical competence, the board shall consider (i) hours of continuing education that meet the requirements of 18VAC60-21-250; (ii) evidence of active practice in another state or in federal service; (iii) current specialty board certification; (iv) recent passage of a clinical competency examination that is accepted by the board; or (v) a refresher program offered by a program accredited by the Commission on Dental Accreditation of the American Dental Association.

Continuing education hours equal to the requirement for the number of years in which the license has been inactive, not to exceed a total of 45 hours, must be included with the application. Of the required hours, at least 15 must be earned in the most recent 12 months and the remainder within the 36 months immediately preceding the application for activation.
The board reserves the right to deny a request for reactivation to any licensee who has been determined to have committed an act in violation of § 54.1-2706 of the Code of Virginia or who is unable to demonstrate continuing competence.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-21-230 Qualifications for a restricted license; temporary permit or license

A. Temporary permit for public health settings. A temporary permit shall be issued only for the purpose of allowing dental practice in a dental clinic operated by a state agency or a Virginia charitable organization as limited by § 54.1-2715 of the Code of Virginia.

Passage of a clinical competency examination is not required, but the applicant cannot have failed a clinical competency examination accepted by the board.
A temporary permit will not be renewed unless the holder shows that extraordinary circumstances prevented the holder from taking the licensure examination during the term of the temporary permit.

B. Faculty license. A faculty license shall be issued for the purpose of allowing dental practice as a faculty member of an accredited dental program when the applicant meets the entry requirements of § 54.1-2713 of the Code of Virginia.

A faculty license shall remain valid only while the holder is serving on the faculty of an accredited dental program in the Commonwealth. When any such license holder ceases to continue serving on the faculty of the dental school for which the license was issued, the licensee shall surrender the license, which shall be null and void upon termination of employment.
The dean of the dental school shall notify the board within five working days of such termination of employment.

C. Restricted license to teach for foreign dentists. The board may issue a restricted license to a foreign dentist to teach in an accredited dental program in the Commonwealth in accordance with provisions of § 54.1-2714 of the Code of Virginia.

D. Temporary licenses to persons enrolled in advanced dental education programs. A dental intern, resident, or post-doctoral certificate or degree candidate shall obtain a temporary license to practice in Virginia in accordance with provisions of § 54.1-2711.1 of the Code of Virginia.

The applicant shall submit a recommendation from the dean of the dental school or the director of the accredited advanced dental education program specifying the applicant's acceptance as an intern, resident, or post-doctoral certificate or degree candidate. The beginning and ending dates of the internship, residency, or post-doctoral program shall be specified.
The temporary license permits the holder to practice only in the hospital or outpatient clinics that are recognized parts of an advanced dental education program.
The temporary license may be renewed annually by June 30, for up to five times, upon the recommendation of the dean of the dental school or director of the accredited advanced dental education program.
The temporary license holder shall be responsible and accountable at all times to a licensed dentist, who is a member of the staff where the internship, residency, or post-doctoral program is taken. The holder is prohibited from practicing outside of the advanced dental education program.
The temporary license holder shall abide by the accrediting requirements for an advanced dental education program as approved by the Commission on Dental Accreditation of the American Dental Association.

E. Restricted volunteer license.

Any restricted volunteer license issued pursuant to § 54.1-2712.1 of the Code of Virginia shall specify whether supervision is required, and if not, the date by which it will be required. If a dentist with a restricted volunteer license issued under this section has not held an active, unrestricted license and has been engaged in active practice within the past five years, the dentist shall only practice dentistry and perform dental procedures if a dentist with an unrestricted Virginia license, volunteering at the clinic, reviews the quality of care rendered by the dentist with the restricted volunteer license at least every 30 days. If supervision is required, the supervising dentist shall directly observe patient care being provided by the restricted volunteer dentist and review all patient charts at least quarterly. Such supervision shall be noted in patient charts and maintained in accordance with 18VAC60-21-90.
A dentist holding a restricted volunteer license issued pursuant to this section is subject to the provisions of this chapter and the disciplinary regulations that apply to all licensees practicing in Virginia.

F. Registration for voluntary practice by out-of-state licensees. Any dentist who does not hold a license to practice in Virginia and who seeks registration to practice on a voluntary basis under the auspices of a publicly supported, nonprofit organization that sponsors the provision of health care to populations of underserved people shall:

File a complete application for registration on a form provided by the board at least five days prior to engaging in such practice;
Provide a complete record of professional licensure in each state in which the dentist has held a license and a copy of any current license; and
Provide the name of the nonprofit organization and the dates and location of the voluntary provision of services.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 32, Issue 24, eff. September 8, 2016; Volume 35, Issue 25, eff. September 4, 2019; Volume 41, Issue 2, eff. October 24, 2024.

Part VI Licensure Renewal

18VAC60-21-240 License renewal and reinstatement

A. Every person holding an active or inactive license and those holding a permit to administer moderate sedation, deep sedation, or general anesthesia shall annually renew the license or permit in the person's birth month in accordance with fees set forth in 18VAC60-21-40.

B. Every person holding a faculty license, temporary resident's license, a restricted volunteer license, or a temporary permit shall, on or before June 30, request renewal of the license.

C. Every person holding a permit as a mobile clinic or portable dental operation shall renew annually by December 31.

D. Any person who does not return the completed form and fee by the deadline required in subsection B of this section shall be required to pay an additional late fee.

E. The board shall renew a license or permit if the renewal form, renewal fee, and late fee are received within one year of the deadline required in subsection B of this section provided that no grounds exist to deny said renewal pursuant to § 54.1-2706 of the Code of Virginia and Part II (18VAC60-21-50 et seq.) of this chapter.

F. Reinstatement procedures.

Any person whose license or permit has been expired for more than one year or whose license or permit has been revoked or suspended and who wishes to reinstate such license or permit shall submit a reinstatement application and the reinstatement fee. The application must include evidence of continuing clinical competence.
To evaluate continuing clinical competence, the board shall consider:

a. Completion of continuing education hours equal to the requirement for the number of years in which the license has been expired, revoked, or suspended, not to exceed a total of 45 hours. Of the required hours, at least 15 must be earned in the most recent 12 months and the remainder within the 36 months immediately preceding the application for reinstatement;

b. Evidence of active clinical practice in another state or in federal service;

c. Recent passage of a clinical competency examination accepted by the board; or

d. Completion of a refresher program offered by a program accredited by the Commission on Dental Accreditation of the American Dental Association.

The executive director may reinstate such expired license or permit provided that the applicant can demonstrate continuing competence, the applicant has paid the reinstatement fee and any fines or assessments, and no grounds exist to deny said reinstatement pursuant to § 54.1-2706 of the Code of Virginia and Part II (18VAC60-21-50 et seq.) of this chapter.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 33, Issue 9, eff. February 10, 2017; Volume 35, Issue 5, eff. November 28, 2018; Volume 39, Issue 8, eff. January 19, 2023; Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-21-250 Requirements for continuing education

A. A dentist shall complete a minimum of 15 hours of continuing education that meets the requirements for content, sponsorship, and documentation set out in this section, for each annual renewal of licensure, except for the first renewal following initial licensure and for any renewal of a restricted volunteer license.

A dentist shall maintain current training certification in basic cardiopulmonary resuscitation with hands-on airway training for health care providers or basic life support unless the dentist is required by 18VAC60-21-290 or 18VAC60-21-300 to hold current certification in advanced life support with hands-on simulated airway and megacode training for health care providers.
A dentist who administers or monitors patients under general anesthesia, deep sedation, or moderate sedation shall complete four hours every two years of approved continuing education directly related to administration and monitoring of such anesthesia or sedation as part of the hours required for licensure renewal.
Continuing education hours in excess of the number required for renewal may be transferred or credited to the next renewal year for a total of not more than 15 hours.
Up to three hours of the 15 hours required for annual renewal may be satisfied through delivery of dental services, without compensation, to low-income individuals receiving health services through a local health department or a free clinic organized in whole or primarily for the delivery of those services.

B. To be accepted for license renewal, continuing education programs shall be directly relevant to the treatment and care of patients and shall be:

Clinical courses in dentistry and dental hygiene; or
Nonclinical subjects that relate to the skills necessary to provide dental or dental hygiene services and are supportive of clinical services (i.e., patient management, legal and ethical responsibilities, and stress management). Courses not acceptable for the purpose of this subsection include estate planning, financial planning, investments, business management, marketing, and personal health.

C. Continuing education credit may be earned for verifiable attendance at or participation in any course, to include audio and video presentations, that meets the requirements in subsection B of this section and is given by a sponsor approved by the board.

D. The board may grant an exemption for all or part of the continuing education requirements due to circumstances beyond the control of the licensee, such as temporary disability, mandatory military service, or officially declared disasters. A written request with supporting documents must be submitted prior to renewal of the license.

E. The board may grant an extension for up to one year for completion of continuing education upon written request with an explanation to the board prior to the renewal date.

F. A licensee is required to verify compliance with the continuing education requirements in the licensee's annual license renewal. Following the renewal period, the board may conduct an audit of licensees to verify compliance. Any licensee selected for audit must provide original documents certifying that the licensee has fulfilled the continuing education requirements by the deadline date as specified by the board.

G. All licensees are required to maintain original documents verifying the date and subject of the program or activity, the sponsor, and the amount of time earned. Documentation shall be maintained for a period of four years following renewal.

H. Continuing education hours required by board order shall not be used to satisfy the continuing education requirement for license renewal or reinstatement.

I. Failure to comply with continuing education requirements may subject the licensee to disciplinary action by the board.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2709.5 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 33, Issue 9, eff. February 10, 2017; Volume 35, Issue 5, eff. November 28, 2018; Volume 41, Issue 2, eff. October 24, 2024.

Part VII Controlled Substances, Sedation, and Anesthesia

18VAC60-21-260 General provisions

A. Part VII of this chapter:

Applies to prescribing, dispensing, and administering controlled substances in dental offices, mobile dental facilities, and portable dental operations and shall not apply to administration by a dentist practicing in (i) a licensed hospital as defined in § 32.1-123 of the Code of Virginia, (ii) a state-operated hospital, or (iii) a facility directly maintained or operated by the federal government.
Addresses the minimum requirements for administration to patients of any age. Guidelines for Monitoring and Management of Pediatric Patients During and After Sedation for Diagnostic and Therapeutic Procedures, issued by the American Academy of Pediatrics and American Academy of Pediatric Dentistry, should be consulted when practicing pediatric dentistry.

B. Registration required. Any dentist who prescribes, administers, or dispenses Schedules II through V controlled substances must hold a current registration with the federal Drug Enforcement Administration.

C. Patient evaluation required.

An appropriate medical history and patient evaluation, including medication use and a focused physical exam, shall be performed before the decision to administer controlled substances for dental treatment is made. The decision to administer controlled substances for dental treatment must be based on a documented evaluation of the health history and current medical condition of the patient in accordance with the Class I through V risk category classifications of the American Society of Anesthesiologists (ASA) in effect at the time of treatment. The findings of the evaluation, the ASA risk assessment class assigned, and any special considerations must be recorded in the patient's record.
Any level of sedation and general anesthesia may be provided for a patient who is in ASA Class I and Class II.
A patient in ASA Class III shall only be provided minimal sedation, moderate sedation, deep sedation, or general anesthesia by:

a. A dentist after the dentist has documented a consultation with the patient's primary care physician or other medical specialist regarding potential risks and special monitoring requirements that may be necessary;

b. An oral and maxillofacial surgeon who has performed a physical evaluation and documented the findings and the ASA risk assessment category of the patient and any special monitoring requirements that may be necessary; or

c. A person licensed under Chapter 29 (§ 54.1-2900 et seq.) of Title 54.1 of the Code of Virginia who has a specialty in anesthesia.

Minimal sedation may only be provided for a patient who is in ASA Class IV by:

Moderate sedation, deep sedation, or general anesthesia shall not be provided in a dental office for patients in ASA Class IV and Class V.

D. Additional requirements for patient information and records. In addition to the record requirements in 18VAC60-21-90, when moderate sedation, deep sedation, or general anesthesia is administered, the patient record shall also include:

Notation of the patient's American Society of Anesthesiologists classification;
Review of medical history and current conditions, including the patient's weight and height or, if appropriate, the body mass index;
Written informed consent for administration of sedation and anesthesia and for the dental procedure to be performed;
Preoperative vital signs;
A record of the name, dose, and strength of drugs and route of administration, including the administration of local anesthetics with notations of the time sedation and anesthesia were administered;
Monitoring records of all required vital signs and physiological measures recorded continually; and
A list of staff participating in the administration, treatment, and monitoring, including name, position, and assigned duties.

E. Pediatric patients. No sedating medication shall be prescribed for administration to a patient 12 years of age or younger prior to the patient's arrival at the dentist office or treatment facility.

F. Level of sedation. The level of sedation should be documented in the patient record. The decision regarding level of sedation used should be based on the degree of sedation or consciousness level of a patient that should reasonably be expected to result from the type, strength, and dosage of medication, the method of administration, and the individual characteristics of the patient as documented in the patient's record.

G. Emergency management.

If a patient enters a deeper level of sedation than the dentist is qualified and prepared to provide, the dentist shall stop the dental procedure until the patient returns to and is stable at the intended level of sedation.
A dentist in whose office sedation or anesthesia is administered shall have documented written or electronic basic emergency procedures established and staff trained to carry out such procedures.

H. Ancillary personnel. Dentists who employ unlicensed, ancillary personnel to assist in the administration and monitoring of any form of minimal sedation, moderate sedation, deep sedation, or general anesthesia shall maintain documentation that such personnel have:

Training and hold current certification in basic resuscitation techniques with hands-on airway training for health care providers, such as Basic Cardiac Life Support for Health Professionals or a clinically oriented course devoted primarily to responding to clinical emergencies offered by an approved provider of continuing education as set forth in 18VAC60-21-250 C; or
Current certification as a certified anesthesia assistant (CAA) by the American Association of Oral and Maxillofacial Surgeons or the American Dental Society of Anesthesiology (ADSA).

I. Assisting in administration. A dentist, consistent with the planned level of administration (i.e., local anesthesia, minimal sedation, moderate sedation, deep sedation, or general anesthesia) and appropriate to the dentist's education, training, and experience, may utilize the services of a dentist, anesthesiologist, certified registered nurse anesthetist, dental hygienist, dental assistant, or nurse to perform functions appropriate to such practitioner's education, training, and experience and consistent with that practitioner's respective scope of practice.

J. Patient monitoring.

A dentist may delegate monitoring of a patient to a dental hygienist, dental assistant, or nurse who is under the dentist's direction or to another dentist, anesthesiologist, or certified registered nurse anesthetist. The person assigned to monitor the patient shall be continuously in the presence of the patient in the office, operatory, and recovery area (i) before administration is initiated or immediately upon arrival if the patient self-administered a sedative agent, (ii) throughout the administration of drugs, (iii) throughout the treatment of the patient, and (iv) throughout recovery until the patient is discharged by the dentist.
The person monitoring the patient shall:

a. Have the patient's entire body in sight;

b. Be in close proximity so as to speak with the patient;

c. Converse with the patient to assess the patient's ability to respond in order to determine the patient's level of sedation;

d. Closely observe the patient for coloring, breathing, level of physical activity, facial expressions, eye movement, and bodily gestures in order to immediately recognize and bring any changes in the patient's condition to the attention of the treating dentist; and

e. Read, report, and record the patient's vital signs and physiological measures.

K. A dentist who allows the administration of general anesthesia, deep sedation, or moderate sedation in the dental office is responsible for ensuring and documenting that:

The equipment for administration and monitoring, as required in subsection B of 18VAC60-21-291 or subsection C of 18VAC60-21-301, is readily available and in good working order prior to performing dental treatment with anesthesia or sedation. The equipment shall either be maintained by the dentist in the office or provided by the anesthesia or sedation provider; and
The person administering the anesthesia or sedation is appropriately licensed and the staff monitoring the patient is qualified.

L.Special needs patients. If a patient is mentally or physically challenged, and it is not possible to have a comprehensive physical examination or appropriate laboratory tests prior to administering care, the dentist is responsible for documenting in the patient record the reasons preventing the recommended preoperative management. In selected circumstances, sedation or general anesthesia may be utilized without establishing an intravenous line. These selected circumstances include very brief procedures or periods of time, which may occur in some patients, or the establishment of intravenous access after deep sedation or general anesthesia has been induced because of poor patient cooperation.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 33, Issue 9, eff. February 10, 2017; Volume 37, Issue 13, eff. March 17, 2021; Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-21-270 Administration of local anesthesia

A dentist may administer or use the services of the following personnel to administer local anesthesia:

A dentist;
An anesthesiologist;
A certified registered nurse anesthetist under the dentist's direction and indirect supervision;
A dental hygienist with the training required by 18VAC60-25-100 C to parenterally administer Schedule VI local anesthesia to persons 18 years of age or older under his indirect supervision;
A dental hygienist to administer Schedule VI topical oral anesthetics under indirect supervision or under his order for such treatment under general supervision; or
A dental assistant or a registered or licensed practical nurse to administer Schedule VI topical oral anesthetics under indirect supervision.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 37, Issue 13, eff. March 17, 2021.

18VAC60-21-279 Administration of inhalation analgesia (nitrous oxide only)

A. Education and training requirements. A dentist who utilizes nitrous oxide shall have documented training in and knowledge of:

The appropriate use and physiological effects of nitrous oxide, the potential complications of administration, the indicators for complications, and the interventions to address the complications.
The use and maintenance of the equipment required in subsection D of this section.

B. No sedating medication shall be prescribed for administration to a patient 12 years of age or younger prior to the patient's arrival at the dental office or treatment facility.

C. Delegation of administration.

A qualified dentist may administer or use the services of the following personnel to administer nitrous oxide:

a. A dentist;

b. An anesthesiologist;

c. A certified registered nurse anesthetist under the dentist's medical direction and indirect supervision;

d. A dental hygienist with the training required by 18VAC60-25-100 B and under indirect supervision; or

e. A registered nurse upon the dentist's direct instruction and under immediate supervision.

Preceding the administration of nitrous oxide, a dentist may use the services of the following personnel working under indirect supervision to administer local anesthesia to numb an injection or treatment site:

a. A dental hygienist with the training required by 18VAC60-25-100 C to parenterally administer Schedule VI local anesthesia to persons 18 years of age or older; or

b. A dental hygienist, dental assistant, registered nurse, or licensed practical nurse to administer Schedule VI topical oral anesthetics.

D. Equipment requirements. A dentist who utilizes nitrous oxide only or who directs the administration by another licensed health professional as permitted in subsection C of this section shall maintain the following equipment in working order and immediately available to the areas where patients will be sedated and treated and will recover:

Blood pressure monitoring equipment;
Source of delivery of oxygen under controlled positive pressure;
Mechanical (hand) respiratory bag;
Suction apparatus; and
Oxygen saturation with pulse oximeter, unless extenuating circumstances exist and are documented in the patient's record.

E. Required staffing. When only nitrous oxide/oxygen is administered, a second person in the operatory is not required. Either the dentist or qualified dental hygienist under the indirect supervision of a dentist may administer the nitrous oxide/oxygen and treat and monitor the patient.

F. Monitoring requirements.

Baseline vital signs shall be taken and recorded prior to administration of nitrous oxide analgesia, intraoperatively as necessary, and prior to discharge, unless extenuating circumstances exist and are documented in the patient's record.
Continual clinical observation of the patient's responsiveness, color, respiratory rate, and depth of ventilation shall be performed.
Once the administration of nitrous oxide has begun, the dentist shall ensure that a licensed health care professional or a person qualified in accordance with 18VAC60-21-260 I monitors the patient at all times until discharged as required in subsection G of this section.
Monitoring shall include making the proper adjustments of nitrous oxide/oxygen machines at the request of or by the dentist or by another qualified licensed health professional identified in subsection C of this section. Only the dentist or another qualified licensed health professional identified in subsection C of this section may turn the nitrous oxide/oxygen machines on or off.
Upon completion of nitrous oxide administration, the patient shall be administered 100% oxygen for a minimum of five minutes to minimize the risk of diffusion hypoxia. Such administration shall be documented in the patient's record.

G. Discharge requirements.

The dentist shall not discharge a patient until the patient exhibits baseline responses in a post-operative evaluation of the level of consciousness. Vital signs shall be taken and recorded prior to discharge, unless extenuating circumstances exist and are documented in the patient's record.
Post-operative instructions shall be given verbally and in writing and documented in the patient's chart. The written instructions shall include a 24-hour emergency telephone number.
Pediatric patients shall be discharged with a responsible adult who has been instructed with regard to the patient's care.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 9, eff. February 10, 2017; amended, Virginia Register Volume 37, Issue 13, eff. March 17, 2021; Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-21-280 Administration of minimal sedation

A. Education and training requirements. A dentist who utilizes minimal sedation shall have training in and knowledge of:

The medications used, the appropriate dosages, the potential complications of administration, the indicators for complications, and the interventions to address the complications.
The physiological effects of minimal sedation, the potential complications of administration, the indicators for complications, and the interventions to address the complications.
The use and maintenance of the equipment required in subsection D of this section.

B. No sedating medication shall be prescribed for administration to a patient 12 years of age or younger prior to the patient's arrival at the dental office or treatment facility.

C. Delegation of administration.

A qualified dentist may administer or use the services of the following personnel to administer minimal sedation:

a. A dentist;

b. An anesthesiologist;

c. A certified registered nurse anesthetist under the dentist's medical direction and indirect supervision;

d. A dental hygienist with the training required by 18VAC60-25-100 B only for administration of nitrous oxide/oxygen under indirect supervision; or

e. A registered nurse upon the dentist's direct instruction and under immediate supervision.

Preceding the administration of minimal sedation, a dentist may use the services of the following personnel working under indirect supervision to administer local anesthesia to numb an injection or treatment site:

a. A dental hygienist with the training required by 18VAC60-25-100 C to parenterally administer Schedule VI local anesthesia to persons 18 years of age or older; or

b. A dental hygienist, dental assistant, registered nurse, or licensed practical nurse to administer Schedule VI topical oral anesthetics.

D. Equipment requirements. A dentist who utilizes minimal sedation or who directs the administration by another licensed health professional as permitted in subsection C of this section shall maintain the following equipment in working order and immediately available to the areas where patients will be sedated and treated and will recover:

Blood pressure monitoring equipment;
Source of delivery of oxygen under controlled positive pressure;
Mechanical (hand) respiratory bag;
Suction apparatus; and
Pulse oximeter.

E. Required staffing. The treatment team for minimal sedation shall consist of the dentist and a second person in the operatory with the patient to assist the dentist and monitor the patient. The second person shall be a licensed health care professional or a person qualified in accordance with 18VAC60-21-260 I.

F. Monitoring requirements.

Baseline vital signs, to include temperature and oxygen saturation, shall be taken and recorded prior to administration of sedation.
Blood pressure, oxygen saturation, respiratory rate, and pulse shall be monitored continually during the procedure unless extenuating circumstances exist and are documented in the patient's record.
Once the administration of minimal sedation has begun by any route of administration, the dentist shall ensure that a licensed health care professional or a person qualified in accordance with 18VAC60-21-260 I monitors the patient at all times until discharged as required in subsection G of this section.
Nitrous oxide/oxygen may be used with one other pharmacological agent in the recommended dosage for minimal sedation. If deeper levels of sedation are produced, the regulations for the induced level shall be followed.
Monitoring shall include making the proper adjustments of nitrous oxide/oxygen machines at the request of or by the dentist or by another qualified licensed health professional identified in subsection C of this section. Only the dentist or another qualified licensed health professional identified in subsection C of this section may turn the nitrous oxide/oxygen machines on or off.
If any other pharmacological agent is used in addition to nitrous oxide/oxygen and a local anesthetic, requirements for the induced level of sedation must be met.

G. Discharge requirements.

The dentist shall not discharge a patient until the patient exhibits baseline responses in a post-operative evaluation of the level of consciousness. Vital signs, to include oxygen saturation, shall be taken and recorded prior to discharge unless extenuating circumstances exist and are documented in the patient's record.
Post-operative instructions shall be given verbally and in writing and documented in the patient's chart. The written instructions shall include a 24-hour emergency telephone number.
Pediatric patients shall be discharged with a responsible adult who has been instructed with regard to the patient's care.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 33, Issue 9, eff. February 10, 2017; Volume 37, Issue 13, eff. March 17, 2021; Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-21-290 Requirements for a moderate sedation permit for general dentistry

A. No dentist may provide or administer moderate sedation in a dental office unless the office has been inspected and the dentist has been issued a permit by the board. An inspection and permit is required for each location at which sedation will be administered.

B. Automatic qualification. Dentists who hold a current permit to administer deep sedation and general anesthesia may administer moderate sedation.

C. To determine eligibility for a moderate sedation permit, a dentist shall submit the following:

A completed application form;
The application fee as specified in 18VAC60-21-40;
An official transcript, certifiable evidence of certification, or other documentation of training content that meets the educational and training qualifications as specified in subsection D of this section; and
A copy of current certification in advanced cardiac life support (ACLS) or pediatric advanced life support (PALS) as required in subsection E of this section.

D. Education requirements for a permit to administer moderate sedation. A dentist may be issued a moderate sedation permit to administer by any method by meeting one of the following criteria:

Completion of training for this treatment modality according to the ADA's Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students in effect at the time the training occurred, while enrolled in an accredited dental program, or while enrolled in a post-doctoral university or teaching hospital program; or
Completion of a continuing education course that meets the requirements of 18VAC60-21-250 and consists of (i) 60 hours of didactic instruction plus the management of at least 20 patients per participant, (ii) demonstration of competency and clinical experience in moderate sedation, and (iii) management of a compromised airway. The course content shall be consistent with the ADA's Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students in effect at the time the training occurred.

E. Additional training required. Dentists who administer moderate sedation shall:

Hold current certification in advanced resuscitation techniques with hands-on simulated airway and megacode training for health care providers, such as ACLS or PALS, as evidenced by a certificate of completion posted with the dental license; and
Have current training in the use and maintenance of the equipment required in 18VAC60-21-291.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 37, Issue 13, eff. March 17, 2021; Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-21-291 Requirements for administration of moderate sedation

A. Delegation of administration.

A dentist who does not hold a permit to provide or administer moderate sedation shall only utilize the services of a qualified dentist, an anesthesiologist, or a certified registered nurse anesthetist to administer such sedation in a dental office.
A dentist who holds a permit may administer or use the services of the following personnel to administer moderate sedation:

a. A dentist with the training required by 18VAC60-21-290 D to administer by any method and who holds a moderate sedation permit at that location;

b. An anesthesiologist;

c. A certified registered nurse anesthetist under the direction and indirect supervision of a dentist who meets the training requirements of 18VAC60-21-290 D and holds a moderate sedation permit or under the supervision of a doctor of medicine or osteopathic medicine; or

d. A registered nurse upon the dentist's direct instruction and under the immediate supervision of a dentist who meets the training requirements of 18VAC60-21-290 D and holds a moderate sedation permit.

No sedating medication shall be prescribed for administration to a patient 12 years of age or younger prior to the patient's arrival at the dentist office or treatment facility.
Preceding the administration of moderate sedation, a permitted dentist may use the services of the following personnel under indirect supervision to administer local anesthesia to anesthetize the injection or treatment site:

a. A dental hygienist with the training required by 18VAC60-25-100 C to parenterally administer Schedule VI local anesthesia to persons 18 years of age or older; or

b. A dental hygienist, dental assistant, registered nurse, or licensed practical nurse to administer Schedule VI topical oral anesthetics.

A dentist who delegates administration of moderate sedation shall ensure that:

a. All equipment required in subsection B of this section is present, in good working order, and immediately available to the areas where patients will be sedated and treated and will recover; and

b. Qualified staff is on site to monitor patients in accordance with requirements of subsection D of this section.

B. Equipment requirements. A dentist who provides or administers or who utilizes a qualified anesthesia provider to administer moderate sedation shall have available the following equipment in sizes for adults or children as appropriate for the patient being treated and shall maintain the equipment in working order and immediately available to the areas where patients will be sedated and treated and will recover:

Full face masks;
Oral and nasopharyngeal airway management adjuncts;
Endotracheal tubes with appropriate connectors or other appropriate airway management adjunct, such as a laryngeal mask airway;
A laryngoscope with reserve batteries and bulbs and appropriately sized laryngoscope blades;
Pulse oximetry;
Blood pressure monitoring equipment;
Pharmacologic antagonist agents;
Source of delivery of oxygen under controlled positive pressure;
Mechanical (hand) respiratory bag;
Appropriate emergency drugs for patient resuscitation;
Electrocardiographic monitor if a patient is receiving parenteral administration of sedation or if the dentist is using titration;
Defibrillator;
Suction apparatus;
Temperature measuring device;
Airway protective device;
Precordial or pretracheal stethoscope;
An end-tidal carbon dioxide monitor (capnograph); and
Equipment necessary to establish intravenous or intraosseous access.

C. Required staffing. At a minimum, there shall be a two-person treatment team for moderate sedation. The team shall include the operating dentist and a second person to monitor the patient as provided in 18VAC60-21-260 K, and assist the operating dentist as provided in 18VAC60-21-260 J, both of whom shall be in the operatory with the patient throughout the dental procedure. If the second person is a dentist, an anesthesiologist, or a certified registered nurse anesthetist who administers the drugs as permitted in subsection A of this section, such person may monitor the patient.

D. Monitoring requirements.

Baseline vital signs, to include temperature and oxygen saturation, shall be taken and recorded prior to administration of any controlled drug at the facility.
Vital signs, to include oxygen saturation and end-tidal carbon dioxide, shall be monitored continually during the administration and recorded unless precluded or invalidated by the nature of the patient, procedure, or equipment.
Monitoring of the patient under moderate sedation is to begin prior to administration of sedation or, if pre-medication is self-administered by the patient, immediately upon the patient's arrival at the dental facility and shall take place continuously during the dental procedure and recovery from sedation. The person who administers the sedation or another licensed practitioner qualified to administer the same level of sedation must remain on the premises of the dental facility until the patient is evaluated and discharged.

E. Discharge requirements.

The patient shall not be discharged until the responsible licensed practitioner determines that the patient's level of consciousness, oxygenation, ventilation, and blood pressure and heart rate are satisfactory for discharge and vital signs have been taken and recorded.
Post-operative instructions shall be given verbally and in writing and documented in the patient's chart. The written instructions shall include a 24-hour emergency telephone number.
The patient shall be discharged with a responsible adult who has been instructed with regard to the patient's care.
If a separate recovery area is utilized, oxygen and suction equipment shall be immediately available in that area.
Since re-sedation may occur once the effects of the reversal agent have waned, the patient shall be monitored for a longer period than usual when a pharmacological reversal agent has been administered before discharge criteria have been met.

F. Emergency management. The dentist shall be proficient in handling emergencies and complications related to pain control procedures, including the maintenance of respiration and circulation, immediate establishment of an airway, and cardiopulmonary resuscitation.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 33, Issue 19, eff. June 14, 2017; Volume 37, Issue 13, eff. March 17, 2021; Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-21-300 Requirements for a deep sedation/general anesthesia permit for general dentistry

A. No dentist may provide or administer deep sedation or general anesthesia in a dental office unless the office has been inspected and the dentist has been issued a permit by the board. An inspection and permit is required for each location at which sedation will be administered.

B. To determine eligibility for a deep sedation/general anesthesia permit, a dentist shall submit the following:

A completed application form;
The application fee as specified in 18VAC60-21-40;
A copy of the certificate of completion of a CODA accredited program or other documentation of training content that meets the educational and training qualifications specified in subsection C of this section; and
A copy of current certification in Advanced Cardiac Life Support for Health Professionals (ACLS) or Pediatric Advanced Life Support for Health Professionals (PALS) as required in subsection C of this section.

C. Educational and training qualifications for a deep sedation/general anesthesia permit.

a. Completion of a minimum of one calendar year of advanced training in anesthesiology and related academic subjects beyond the undergraduate dental school level in a training program in conformity with the ADA's Guidelines for Teaching the Comprehensive Control of Anxiety and Pain in Dentistry in effect at the time the training occurred; or

b. Verifiable evidence of a completed CODA accredited residency in any dental specialty that incorporates into its curriculum a minimum of one calendar year of full-time training in clinical anesthesia and related clinical medical subjects (i.e., medical evaluation and management of patients) comparable to those set forth in the ADA's Guidelines for Graduate and Postgraduate Training in Anesthesia in effect at the time the training occurred;

Current certification in advanced resuscitative techniques with hands-on simulated airway and megacode training for health care providers, including basic electrocardiographic interpretations, such as courses in ACLS or PALS; and
Current training in the use and maintenance of the equipment required in 18VAC60-21-301.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 37, Issue 13, eff. March 17, 2021; Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-21-301 Requirements for administration of deep sedation or general anesthesia

A. Preoperative requirements. Prior to the appointment for treatment under deep sedation or general anesthesia, the patient shall:

Be informed about the personnel and procedures used to deliver the sedative or anesthetic drugs to ensure informed consent as required by 18VAC60-21-260 F.
Have a physical evaluation as required by 18VAC60-21-260 C.
Be given preoperative verbal and written instructions, including any dietary or medication restrictions.

B. Delegation of administration.

A dentist who does not meet the requirements of 18VAC60-21-300 shall only utilize the services of a dentist who does meet those requirements or an anesthesiologist to administer deep sedation or general anesthesia in a dental office. In a licensed outpatient surgery center, a dentist shall utilize either a dentist who meets the requirements of 18VAC60-21-300, an anesthesiologist, or a certified registered nurse anesthetist to administer deep sedation or general anesthesia.
A dentist who meets the requirements of 18VAC60-21-300 may administer or utilize the services of the following personnel to administer deep sedation or general anesthesia:

a. A dentist with the training required by 18VAC60-21-300 C;

b. An anesthesiologist; or

c. A certified registered nurse anesthetist under the direction and indirect supervision of a dentist who meets the training requirements of 18VAC60-21-300 C or under the supervision of a doctor of medicine or osteopathic medicine.

Preceding the administration of deep sedation or general anesthesia, a dentist who meets the requirements of 18VAC60-21-300 may utilize the services of the following personnel under indirect supervision to administer local anesthesia to anesthetize the injection or treatment site:

a. A dental hygienist with the training required by 18VAC60-25-100 C to parenterally administer Schedule VI local anesthesia to persons 18 years of age or older; or

b. A dental hygienist, dental assistant, registered nurse, or licensed practical nurse to administer Schedule VI topical oral anesthetics.

C. Equipment requirements. A dentist who administers or utilizes the services of a qualified anesthesia provider to administer deep sedation or general anesthesia shall have available the following equipment in sizes appropriate for the patient being treated and shall maintain the equipment in working order and immediately available to the areas where patients will be sedated and treated and will recover:

Full face masks;
Oral and nasopharyngeal airway management adjuncts;
Endotracheal tubes with appropriate connectors or other appropriate airway management adjunct, such as a laryngeal mask airway;
A laryngoscope with reserve batteries and bulbs and appropriately sized laryngoscope blades;
Source of delivery of oxygen under controlled positive pressure;
Mechanical (hand) respiratory bag;
Pulse oximetry;
Blood pressure monitoring equipment;
Appropriate emergency drugs for patient resuscitation;
EKG monitoring equipment;
Temperature measuring devices;
Pharmacologic antagonist agents;
External defibrillator (manual or automatic);
An end-tidal carbon dioxide monitor (capnograph);
Suction apparatus;
Airway protective device;
Precordial or pretracheal stethoscope; and
Equipment necessary to establish intravenous or intraosseous access.

D. Required staffing. At a minimum, there shall be a three-person treatment team for deep sedation or general anesthesia. The team shall include the operating dentist, a second person to monitor the patient as provided in 18VAC60-21-260 K, and a third person to assist the operating dentist as provided in 18VAC60-21-260 J, all of whom shall be in the operatory with the patient during the dental procedure. If a second dentist, an anesthesiologist, or a certified registered nurse anesthetist administers the drugs as permitted in subsection B of this section, such person may serve as the second person to monitor the patient.

E. Monitoring requirements.

Baseline vital signs shall be taken and recorded prior to administration of any controlled drug at the facility, to include temperature, blood pressure, pulse, oxygen saturation, EKG, and respiration.
The patient's vital signs, end-tidal carbon dioxide (unless precluded or invalidated by the nature of the patient, procedure, or equipment), EKG readings, blood pressure, pulse, oxygen saturation, temperature, and respiratory rate shall be monitored continually; recorded every five minutes; and reported to the treating dentist throughout the administration of controlled drugs and recovery. When a depolarizing medication or inhalation agent other than nitrous oxide is administered, temperature shall be monitored.
Monitoring of the patient undergoing deep sedation or general anesthesia is to begin prior to the administration of any drugs and shall take place continually during administration, the dental procedure, and recovery from anesthesia. The person who administers the anesthesia or another licensed practitioner qualified to administer the same level of anesthesia must remain on the premises of the dental facility until the patient has regained consciousness and is discharged.

F. Emergency management.

A secured intravenous line must be established and maintained throughout the procedure.
The dentist shall be proficient in handling emergencies and complications related to pain control procedures, including the maintenance of respiration and circulation, immediate establishment of an airway, and cardiopulmonary resuscitation.

G. Discharge requirements.

If a separate recovery area is utilized, oxygen and suction equipment shall be immediately available in that area.
The patient shall not be discharged until the responsible licensed practitioner determines that the patient's level of consciousness, oxygenation, ventilation, circulation blood pressure, and heart rate are satisfactory and vital signs have been assessed and recorded, unless extenuating circumstances exist and are documented in the patient's record.
Since re-sedation may occur once the effects of the reversal agent have waned, the patient shall be monitored for a longer period than usual before discharge if a pharmacological reversal agent has been administered before discharge criteria have been met.
Post-operative instructions shall be given verbally and in writing and documented in the patient's record. The written instructions shall include a 24-hour emergency telephone number for the dental practice.
The patient shall be discharged with a responsible adult who has been instructed with regard to the patient's care.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 33, Issue 19, eff. June 14, 2017; Volume 37, Issue 13, eff. March 17, 2021; Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-21-302 Change of address or provision of sedation at location

A holder of a sedation permit must notify the board within 30 days of the following:

Any change of address of the location at which sedation is provided; or
Cessation of the provision of sedation at a permitted location.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-21-303 Permit exception for certain oral and maxillofacial surgeons

The requirement for a permit shall not apply to an oral and maxillofacial surgeon who maintains membership in AAOMS and who provides the board with reports that result from the periodic office examinations required by AAOMS. Such an oral and maxillofacial surgeon shall be required to post a certificate issued by AAOMS.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

Part VIII Oral and Maxillofacial Surgeons

18VAC60-21-310 Registration of oral and maxillofacial surgeons

Every licensed dentist who practices as an oral and maxillofacial surgeon, as defined in § 54.1-2700 of the Code, shall register his practice with the board.

After initial registration, an oral and maxillofacial surgeon shall renew his registration annually on or before December 31.
An oral and maxillofacial surgeon who fails to register or to renew his registration and continues to practice oral and maxillofacial surgery may be subject to disciplinary action by the board.
Within one year of the expiration of a registration, an oral and maxillofacial surgeon may renew by payment of the renewal fee and a late fee.
After one year from the expiration date, an oral and maxillofacial surgeon who wishes to reinstate his registration shall update his profile and pay the reinstatement fee.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015.

18VAC60-21-320 Profile of information for oral and maxillofacial surgeons

A. In compliance with requirements of § 54.1-2709.2 of the Code of Virginia, an oral and maxillofacial surgeon registered with the board shall create a profile on the board's Oral and Maxillofacial Surgery Profiles website with the following information within 30 days of registration, which information shall be updated annually:

The address of the primary practice setting and all secondary practice settings with the percentage of time spent at each location;
Names of dental or medical schools with dates of graduation;
Names of graduate medical or dental education programs attended at an institution approved by the Accreditation Council for Graduate Medical Education, the Commission on Dental Accreditation, and the American Dental Association with dates of completion of training;
Names and dates of specialty board certification or board eligibility, if any, as recognized by the Council on Dental Education and Licensure of the American Dental Association;
Number of years in active, clinical practice in the United States or Canada, following completion of medical or dental training and the number of years, if any, in active, clinical practice outside the United States or Canada;
Names of insurance plans accepted or managed care plans in which the oral and maxillofacial surgeon participates and whether the surgeon is accepting new patients under such plans;
Names of hospitals with which the oral and maxillofacial surgeon is affiliated;
Appointments within the past 10 years to dental school faculties with the years of service and academic rank;
Publications, not to exceed 10 in number, in peer-reviewed literature within the most recent five-year period;
Whether there is access to translating services for non-English speaking patients at the primary practice setting and which, if any, foreign languages are spoken in the practice; and
Whether the oral and maxillofacial surgeon participates in the Virginia Medicaid Program and whether the surgeon is accepting new Medicaid patients.

B. The oral and maxillofacial surgeon may provide additional information on hours of continuing education earned, subspecialties obtained, and honors or awards received.

C. Whenever there is a change in the information on record with the profile system, the oral and maxillofacial surgeon shall provide current information in any of the categories in subsection A of this section within 30 days.

D. Failure to provide the information required in subsection A of this section may constitute unprofessional conduct and may subject the licensee to disciplinary action by the board. Intentionally providing false information to the board for the profile system shall constitute unprofessional conduct and shall subject the licensee to disciplinary action by the board.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-21-330 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; Errata, 35:17 VA.R. 2098 April 15, 2019; repealed, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-21-340 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; repealed, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-21-350 Certification to perform cosmetic procedures; applicability

A. In order for an oral and maxillofacial surgeon to perform aesthetic or cosmetic procedures, the oral and maxillofacial surgeon shall be certified by the board pursuant to § 54.1-2709.1 of the Code of Virginia. Such certification shall only entitle the licensee to perform procedures above the clavicle or within the head and neck region of the body.

B. Based on the applicant's education, training, and experience, certification may be granted to perform the following procedures for cosmetic treatment:

Rhinoplasty and other treatment of the nose;
Blepharoplasty and other treatment of the eyelid;
Rhytidectomy and other treatment of facial skin wrinkles and sagging;
Submental liposuction and other procedures to remove fat;
Laser resurfacing or dermabrasion and other procedures to remove facial skin irregularities;
Browlift (either open or endoscopic technique) and other procedures to remove furrows and sagging skin on the upper eyelid or forehead;
Platysmal muscle plication and other procedures to correct the angle between the chin and neck;
Otoplasty and other procedures to change the appearance of the ear; and
Administration of dermal filler.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 42, Issue 18, eff. May 20, 2026.

18VAC60-21-360 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; repealed, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-21-370 Credentials required for certification

An applicant for certification shall:

Hold an active, unrestricted license from the board;
Submit a completed application and fee;
Submit an official transcript of a completed oral and maxillofacial residency program accredited by the Commission on Dental Accreditation;
Hold board certification by the American Board of Oral and Maxillofacial Surgery (ABOMS) or board eligibility as defined by ABOMS;
Have current privileges on a hospital staff to perform oral and maxillofacial surgery; and
If the applicant's oral and maxillofacial residency or cosmetic clinical fellowship was completed after July 1, 1996, and training in cosmetic surgery was a part of such residency or fellowship, submit:

a. A letter from the director of the residency or fellowship program documenting the training received in the residency or in the clinical fellowship to substantiate adequate training in the specific procedures for which the applicant is seeking certification; and

b. Documentation of having performed as primary or assistant surgeon at least 10 proctored cases in each of the procedures for which the applicant seeks to be certified.

If the applicant's oral and maxillofacial residency was completed prior to July 1, 1996, or if the applicant's oral and maxillofacial residency was completed after July 1, 1996, and training in cosmetic surgery was not a part of the applicant's residency, submit:

a. Documentation of having completed didactic and clinically approved courses, to include the dates attended, the location of the course, and a copy of the certificate of attendance. Courses shall provide sufficient training in the specific procedures requested for certification and shall be offered by:

(1) An advanced specialty education program in oral and maxillofacial surgery accredited by the Commission on Dental Accreditation;

(2) A medical school accredited by the Liaison Committee on Medical Education or other official accrediting body recognized by the American Medical Association;

(3) The American Dental Association or one of its constituent and component societies or other ADA Continuing Education Recognized Programs (CERP) approved for continuing dental education; or

(4) The American Medical Association approved for category 1, continuing medical education; and

b. Documentation of either:

(1) Holding current privileges to perform cosmetic surgical procedures within a hospital accredited by the Joint Commission on Accreditation of Healthcare Organizations; or

(2) Having completed at least 10 cases as primary or secondary surgeon in the specific procedures for which the applicant is seeking certification, of which at least five shall be proctored cases as defined in this chapter.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-21-380 Renewal of certification

In order to renew his certification to perform cosmetic procedures, an oral and maxillofacial surgeon shall possess a current, active, unrestricted license to practice dentistry from the Virginia Board of Dentistry and shall submit the renewal application and fee on or before December 31 of each year. If an oral and maxillofacial surgeon fails to renew his certificate, the certificate is lapsed and performance of cosmetic procedures is not permitted. To renew a lapsed certificate within one year of expiration, the oral and maxillofacial surgeon shall pay the renewal fees and a late fee. Reinstatement of a certification that has been lapsed for more than one year shall require completion of a reinstatement form documenting continued competency in the procedures for which the surgeon is certified and payment of a reinstatement fee.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015.

18VAC60-21-390 Quality assurance review for procedures performed by certificate holders

A. On a schedule of no less than once every three years, the board shall conduct a random audit of charts for patients receiving cosmetic procedures that are performed by a certificate holder in a facility not accredited by Joint Commission on Accreditation of Healthcare Organizations or other nationally recognized certifying organization as determined by the board.

B. Oral and maxillofacial surgeons certified to perform cosmetic procedures shall maintain separate files, an index, coding, or other system by which such charts can be identified by cosmetic procedure.

C. Cases selected in a random audit shall be reviewed for quality assurance by a person qualified to perform cosmetic procedures according to a methodology determined by the board.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015.

18VAC60-21-400 Complaints against certificate holders for cosmetic procedures

Complaints arising out of performance of cosmetic procedures by a certified oral and maxillofacial surgeon shall be adjudicated solely by the Board of Dentistry. Upon receipt of the investigation report on such complaints, the Board of Dentistry shall promptly notify the Board of Medicine, and the investigation report shall be reviewed and an opinion rendered by both a physician licensed by the Board of Medicine who actively practices in a related specialty and by an oral and maxillofacial surgeon licensed by the Board of Dentistry. The Board of Medicine shall maintain the confidentiality of the complaint consistent with § 54.1-2400.2 of the Code.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015.

18VAC60-21-410 Registration of a mobile dental clinic or portable dental operation

Part VIII Mobile Dental Clinics

A. An applicant for registration of a mobile dental facility or portable dental operation shall provide:

The name and address of the owner of the facility or operation and an official address of record for the facility or operation, which shall not be a post office address. Notice shall be given to the board within 30 days if there is a change in the ownership or the address of record for a mobile dental facility or portable dental operation;
The name, address, and license number of each dentist and dental hygienist or the name, address, and registration number of each dental assistant II who will provide dental services in the facility or operation. The identity and license or registration number of any additional dentists, dental hygienists, or dental assistants II providing dental services in a mobile dental facility or portable dental operation shall be provided to the board in writing prior to the provision of such services; and
The address or location of each place where the mobile dental facility or portable dental operation will provide dental services and the dates on which such services will be provided. Any additional locations or dates for the provision of dental services in a mobile dental facility or portable dental operation shall be provided to the board in writing prior to the provision of such services.

B. The information provided by an applicant to comply with subsection A of this section shall be made available to the public.

C. An application for registration of a mobile dental facility or portable dental operation shall include:

Certification that there is a written agreement for follow-up care for patients to include identification of and arrangements for treatment in a dental office that is permanently established within a reasonable geographic area;
Certification that the facility or operation has access to communication facilities that enable the dental personnel to contact assistance in the event of a medical or dental emergency;
Certification that the facility has a water supply and all equipment necessary to provide the dental services to be rendered in the facility;
Certification that the facility or operation conforms to all applicable federal, state, and local laws, regulations, and ordinances dealing with radiographic equipment, sanitation, zoning, flammability, and construction standards; and
Certification that the applicant possesses all applicable city or county licenses or permits to operate the facility or operation.

D. Registration may be denied or revoked for a violation of provisions of § 54.1-2706 of the Code.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015.

18VAC60-21-420 Requirements for a mobile dental clinic or portable dental operation

A. The registration of the facility or operation and copies of the licenses of the dentists and dental hygienists or registrations of the dental assistants II shall be displayed in plain view of patients.

B. Prior to treatment, the facility or operation shall obtain written consent from the patient or, if the patient is a minor or incapable of consent, his parent, guardian, or authorized representative.

C. Each patient shall be provided with an information sheet, or if the patient, his parent, guardian, or authorized agent has given written consent to an institution or school to have access to the patient's dental health record, the institution or school may be provided a copy of the information. At a minimum, the information sheet shall include:

Patient name, date of service, and location where treatment was provided;
Name of dentist or dental hygienist who provided services;
Description of the treatment rendered and tooth numbers, when appropriate;
Billed service codes and fees associated with treatment;
Description of any additional dental needs observed or diagnosed;
Referral or recommendation to another dentist if the facility or operation is unable to provide follow-up treatment; and
Emergency contact information.

D. Patient records shall be maintained, as required by 18VAC60-21-90, in a secure manner within the facility or at the address of record listed on the registration application. Records shall be made available upon request by the patient, his parent, guardian, or authorized representative and shall be available to the board for inspection and copying.

E. The practice of dentistry and dental hygiene in a mobile dental clinic or portable dental operation shall be in accordance with the laws and regulations governing such practice.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015.

18VAC60-21-430 Exemptions from requirement for registration

The following shall be exempt from requirements for registration as a mobile dental clinic or portable dental operation:

All federal, state, or local governmental agencies;
Dental treatment that is provided without charge to patients or to any third party payer;
Clinics operated by federally qualified health centers with a dental component that provide dental services via mobile model to adults and children within 30 miles of the federally qualified health center;
Clinics operated by free health clinics or health safety net clinics that have been granted tax-exempt status pursuant to § 501(c)(3) of the Internal Revenue Code that provide dental services via mobile model to adults and children within 30 miles of the free health clinic or health safety net clinic; and
Clinics that provide dental services via mobile model to individuals who are not ambulatory and who reside in long-term care facilities, assisted living facilities, adult care homes, or private homes.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2708.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 33, Issue 4, eff. November 16, 2016.

Chapter 25 Regulations Governing the Practice of Dental Hygiene

Part I General Provisions

18VAC60-25-10 Definitions

A. The following words and terms when used in this chapter shall have the meanings ascribed to them in § 54.1-2700 of the Code of Virginia:

"Board"

"Dental hygiene"

"Dental hygienist"

"Dentist"

"Dentistry"

"License"

B. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Active practice" means clinical practice as a dental hygienist for at least 600 hours per year.

"Analgesia" means the diminution or elimination of pain in the conscious patient.

"CDAC" means the Commission on Dental Accreditation of Canada.

"CODA" means the Commission on Dental Accreditation of the American Dental Association.

"Dental assistant I" means any unlicensed person under the direction of a dentist or a dental hygienist who renders assistance for services provided to the patient as authorized under this chapter but shall not include an individual serving in purely an administrative, secretarial, or clerical capacity.

"Dental assistant II" means a person under the direction and direct supervision of a dentist who is registered to perform reversible, intraoral procedures as specified in 18VAC60-21-150 and 18VAC60-21-160.

"Direction" means the level of supervision (i.e., direct, indirect, or general) that a dentist is required to exercise with a dental hygienist or that a dental hygienist is required to exercise with a dental assistant to direct and oversee the delivery of treatment and related services.

"Indirect supervision" means the dentist examines the patient at some point during the appointment and is continuously present in the office to advise and assist a dental hygienist or a dental assistant who is (i) delivering hygiene treatment, (ii) preparing the patient for examination or treatment by the dentist, or (iii) preparing the patient for dismissal following treatment.

"Inhalation analgesia" means the inhalation of nitrous oxide and oxygen to produce a state of reduced sensibility to pain without the loss of consciousness.

"Local anesthesia" means the elimination of sensation, especially pain, in one part of the body by the topical application or regional injection of a drug.

"Nonsurgical laser" means a laser that is not capable of cutting or removing hard tissue, soft tissue, or tooth structure.

"Parenteral" means a technique of administration in which the drug bypasses the gastrointestinal tract (i.e., intramuscular, intravenous, intranasal, submucosal, subcutaneous, or intraocular).

"Remote supervision" means that a supervising dentist is accessible and available for communication and consultation with a dental hygienist during the delivery of dental hygiene services but such dentist may not have conducted an initial examination of the patients who are to be seen and treated by the dental hygienist and may not be present with the dental hygienist when dental hygiene services are being provided. For the purpose of practice by a public health dental hygienist, "remote supervision" means that a public health dentist has regular, periodic communications with a public health dental hygienist regarding patient treatment, but such dentist may not have conducted an initial examination of the patients who are to be seen and treated by the dental hygienist and may not be present with the dental hygienist when dental hygiene services are being provided.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 32, Issue 8, eff. January 28, 2015; Volume 33, Issue 4, eff. November 16, 2016; Volume 34, Issue 1, eff. October 4, 2017; Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-25-20 Address of record

Address of record. Each licensed dental hygienist shall provide the board with a current address of record. All required notices and correspondence mailed by the board to any such licensee shall be validly given when mailed to the address of record on file with the board. Each licensee may also provide a different address to be used as the public address, but if a second address is not provided, the address of record shall be the public address. All changes of address shall be furnished to the board in writing within 30 days of such changes.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-25-30 Required fees

A. Application fees.

| 1. License by examination | $175 | | --- | --- | | 2. License by credentials | $275 | | 3. License to teach dental hygiene pursuant to § 54.1-2725 of the Code of Virginia | $175 | | 4. Temporary permit pursuant to § 54.1-2726 of the Code of Virginia | $175 | | 5. Restricted volunteer license | $25 | | 6. Volunteer exemption registration | $10 |

B. Renewal fees.

| 1. Active license | $75 | | --- | --- | | 2. Inactive license | $40 | | 3. License to teach dental hygiene pursuant to § 54.1-2725 of the Code of Virginia | $75 | | 4. Temporary permit pursuant to § 54.1-2726 | $75 |

C. Late fees.

| 1. Active license | $25 | | --- | --- | | 2. Inactive license | $15 | | 3. License to teach dental hygiene pursuant to § 54.1-2725 of the Code of Virginia | $25 | | 4. Temporary permit pursuant to § 54.1-2726 of the Code of Virginia | $25 |

D. Reinstatement fees.

| 1. Expired license | $200 | | --- | --- | | 2. Suspended license | $400 | | 3. Revoked license | $500 |

E. Administrative fees.

| 1. Duplicate wall certificate | $60 | | --- | --- | | 2. Duplicate license | $20 | | 3. Certification of licensure | $35 | | 4. Handling fee for returned check or dishonored credit or debit card | $50 |

F. No fee shall be refunded or applied for any purpose other than the purpose for which the fee was submitted.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 34, Issue 11, eff. February 21, 2018; Volume 36, Issue 24, eff. August 19, 2020; Volume 37, Issue 1, eff. October 15, 2020; Volume 41, Issue 2, eff. October 24, 2024.

Part II Practice of Dental Hygiene

18VAC60-25-40 Scope of practice

A. The following duties of a dentist shall not be delegated to a dental hygienist:

Final diagnosis and treatment planning;
Performing surgical or cutting procedures on hard or soft tissue, except as may be permitted by subdivisions C 1 and D 1 of this section;
Prescribing or parenterally administering drugs or medicaments, except a dental hygienist who meets the requirements of 18VAC60-25-100 C may parenterally administer Schedule VI local anesthesia to patients 18 years of age or older;
Authorization of work orders for any appliance or prosthetic device or restoration that is to be inserted into a patient's mouth;
Operation of high-speed rotary instruments in the mouth;
Administration of deep sedation or general anesthesia and moderate sedation;
Condensing, contouring, or adjusting any final, fixed, or removable prosthodontic appliance or restoration in the mouth with the exception of packing and carving amalgam and placing and shaping composite resins by dental assistants II with advanced training as specified in 18VAC60-30-120;
Final positioning and attachment of orthodontic bonds and bands; and
Final adjustment and fitting of crowns and bridges in preparation for final cementation.

B. The following duties shall only be delegated to dental hygienists under direction and may only be performed under indirect supervision:

Scaling, root planing, or gingival curettage of natural and restored teeth using hand instruments, slow-speed rotary instruments, ultrasonic devices, and nonsurgical lasers with any sedation or anesthesia administered.
Performing an initial examination of teeth and surrounding tissues, including the charting of carious lesions, periodontal pockets, or other abnormal conditions, for assisting the dentist in the diagnosis.
Administering nitrous oxide or local anesthesia by dental hygienists qualified in accordance with the requirements of 18VAC60-25-100.

C. The following duties shall only be delegated to dental hygienists and may be performed under indirect supervision or may be delegated by written order in accordance with § 54.1-2722 D of the Code of Virginia to be performed under general supervision:

Scaling, root planing, or gingival curettage of natural and restored teeth using hand instruments, slow-speed rotary instruments, ultrasonic devices, and nonsurgical lasers with or without topical oral anesthetics.
Polishing of natural and restored teeth using air polishers.
Performing a clinical examination of teeth and surrounding tissues, including the charting of carious lesions, periodontal pockets, or other abnormal conditions, for further evaluation and diagnosis by the dentist.
Subgingival irrigation or subgingival and gingival application of topical Schedule VI medicinal agents pursuant to § 54.1-3408 J of the Code of Virginia.
Duties appropriate to the education and experience of the dental hygienist and the practice of the supervising dentist, with the exception of those listed as nondelegable in subsection B of this section and those restricted to indirect supervision in subsection C of this section.

D. The following duties may only be delegated under the direction and direct supervision of a dentist to a dental assistant II:

Performing pulp capping procedures;
Packing and carving of amalgam restorations;
Placing and shaping composite resin restorations with a slow-speed handpiece;
Taking final impressions;
Use of a non-epinephrine retraction cord; and
Final cementation of crowns and bridges after adjustment and fitting by the dentist.

E. A dental hygienist employed by the Virginia Department of Health may provide educational and preventative dental care under remote supervision, as defined in § 54.1-2722 E of the Code of Virginia, of a dentist employed by the Virginia Department of Health and in accordance with the Protocol adopted by Virginia Department of Health (VDH) for Dental Hygienists to Practice in an Expanded Capacity under Remote Supervision by Public Health Dentists, May 2019, which is hereby incorporated by reference.

F. A dental hygienist employed by the Virginia Department of Behavioral Health and Developmental Services (DBHDS) may provide educational and preventative dental care under remote supervision, as defined in § 54.1-2722 E of the Code of Virginia, of a dentist employed by DBHDS and in accordance with the Protocol for Virginia Department of Behavioral Health and Developmental Services (DBHDS) Dental Hygienists to Practice in an Expanded Capacity under Remote Supervision by DBHDS Dentists, May 2019, which is hereby incorporated by reference.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2722 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 35, Issue 5, eff. November 28, 2018; Volume 37, Issue 18, eff. May 25, 2021; Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-25-50 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; repealed, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-25-60 Delegation of services to a dental hygienist

A. Dental hygienists shall engage in respective duties only while in the employment of a licensed dentist or governmental agency or when volunteering services.

B. Delegation of duties to a dental hygienist practicing under remote supervision shall be in accordance with the provisions of § 54.1-2722 F of the Code of Virginia. However, delegation of duties to a public health dental hygienist practicing under remote supervision shall be in accordance with the provisions of § 54.1-2722 E of the Code of Virginia.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 33, Issue 4, eff. November 16, 2016; Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-25-70 Delegation of services to a dental assistant

Duties delegated to a dental assistant under general supervision shall be under the direction of the dental hygienist who supervises the implementation of the dentist's orders by examining the patient, observing the services rendered by an assistant, and being available for consultation on patient care.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-25-80 Radiation certification

No dental hygienist shall permit a person not otherwise licensed by this board to place or expose dental radiographs unless the person has one of the following: (i) satisfactory completion of a radiation safety course and examination given by an institution that maintains a program in dental assisting, dental hygiene, or dentistry accredited by CODA; (ii) certification by the American Registry of Radiologic Technologists; or (iii) satisfactory completion of the Radiation Health and Safety Review Course provided by the Dental Assisting National Board or its affiliate and passage of the Radiation Health and Safety Exam given by the Dental Assisting National Board. Any certificate issued pursuant to satisfying the requirements of this section shall be posted in plain view of the patient.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-25-90 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; repealed, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-25-100 Administration of controlled substances

A. A licensed dental hygienist may:

Administer topical oral fluoride varnish under an oral or written order or a standing protocol issued by a dentist or a doctor of medicine or osteopathic medicine pursuant to subsection V of § 54.1-3408 of the Code of Virginia;
Administer topical Schedule VI drugs, including topical oral fluorides, topical oral anesthetics, and topical and directly applied antimicrobial agents for treatment of periodontal pocket lesions pursuant to subsection J of § 54.1-3408 of the Code of Virginia; and
If qualified in accordance with subsection B or C of this section, administer Schedule VI nitrous oxide/inhalation analgesia and, to persons 18 years of age or older, Schedule VI local anesthesia parenterally under the indirect supervision of a dentist.

B. To administer only nitrous oxide/inhalation analgesia, a dental hygienist shall:

Successfully complete a didactic and clinical course leading to certification in administration of nitrous oxide offered by a CODA accredited dental or dental hygiene program, which includes didactic and clinical instruction in the following topics:

a. Patient physical and psychological assessment;

b. Medical history evaluation;

c. Equipment and techniques used for administration of nitrous oxide;

d. Neurophysiology of nitrous oxide administration;

e. Pharmacology of nitrous oxide;

f. Recordkeeping, medical, and legal aspects of nitrous oxide;

g. Adjunctive uses of nitrous oxide for dental patients; and

h. Clinical experiences in administering nitrous oxide, including training with live patients.

Successfully complete an examination with a minimum score of 75% in the administration of nitrous oxide/inhalation analgesia given by the accredited program.

C. To administer local anesthesia parenterally to patients 18 years of age or older, a dental hygienist shall:

Successfully complete a didactic and clinical course leading to certification in administration of local anesthesia that is offered by a CODA accredited dental or dental hygiene program, which includes didactic and clinical instruction in the following topics:

a. Patient physical and psychological assessment;

b. Medical history evaluation and recordkeeping;

c. Neurophysiology of local anesthesia;

d. Pharmacology of local anesthetics and vasoconstrictors;

e. Anatomical considerations for local anesthesia;

f. Techniques for maxillary infiltration and block anesthesia;

g. Techniques for mandibular infiltration and block anesthesia;

h. Local and systemic anesthetic complications;

i. Management of medical emergencies; and

j. Clinical experiences in administering local anesthesia injections on patients.

Successfully complete an examination with a minimum score of 75% in the parenteral administration of local anesthesia given by the accredited program.

D. A dental hygienist who holds a certificate or credential issued by the licensing board of another jurisdiction of the United States that authorizes the administration of nitrous oxide/inhalation analgesia or local anesthesia may be authorized for such administration in Virginia if:

The qualifications on which the credential or certificate was issued were substantially equivalent in hours of instruction and course content to those set forth in subsections B and C of this section; or
If the certificate or credential issued by another jurisdiction was not substantially equivalent, the hygienist can document experience in such administration for at least 24 of the past 48 months preceding application for licensure in Virginia.

E. A dentist who provides direction for the administration of nitrous oxide/inhalation analgesia or local anesthesia shall ensure that the dental hygienist has met the qualifications for such administration as set forth in this section.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 35, Issue 25, eff. September 4, 2019; Volume 41, Issue 2, eff. October 24, 2024.

Part III Standards of Conduct

18VAC60-25-110 Patient records; confidentiality

A. A dental hygienist shall be responsible for accurate and complete information in patient records for those services provided by a hygienist or a dental assistant under direction to include the following:

Patient's name on each page in the patient record;
A health history taken and documented at the initial appointment, which is updated when local anesthesia or nitrous oxide/inhalation analgesia is to be administered and when medically indicated and at least annually;
Options discussed and documented written consent in the patient record for any treatment rendered with the exception of prophylaxis;
List of drugs administered and the route of administration, quantity, dose, and strength;
Radiographs, digital images, and photographs clearly labeled with the patient's name, date taken, and teeth identified;
A notation or documentation of an order required for treatment of a patient by a dental hygienist practicing under general supervision as required in 18VAC60-25-60 C; and
Notation of each treatment rendered, date of treatment, and the identity of the dentist and the dental hygienist providing service.

B. No dental hygienist shall willfully or negligently breach the confidentiality between a practitioner and a patient. A breach of confidentiality that is required or permitted by applicable law or beyond the control of the hygienist shall not be considered negligent or willful.

C. A dental hygienist practicing under remote supervision shall document in the patient record that the dental hygienist has obtained (i) the patient's or the patient's legal representative's signature on a statement disclosing that the delivery of dental hygiene services under remote supervision is not a substitute for the need for regular dental examinations by a dentist and (ii) verbal confirmation from the patient that the patient does not have a dentist of record whom the patient is seeing regularly.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 33, Issue 4, eff. November 16, 2016; Volume 34, Issue 1, eff. October 4, 2017; Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-25-120 Acts constituting unprofessional conduct

The following practices shall constitute unprofessional conduct within the meaning of § 54.1-2706 of the Code of Virginia:

Misrepresenting to a patient and the public the materials or methods and techniques the licensee uses or intends to use.
Delegating any service or operation that requires the professional competence of a dentist or dental hygienist to any person who is not a licensee or registrant as authorized by this chapter.
Violating or cooperating with others in violating provisions of Chapter 1 (§ 54.1-100 et seq.) or 24 (§ 54.1-2400 et seq.) of Title 54.1 of the Code of Virginia or the Drug Control Act (§ 54.1-3400 et seq. of the Code of Virginia).

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

Part IV Requirements for Licensure

18VAC60-25-130 General application requirements

A. All applications for licensure by examination or credentials, temporary permits, or faculty licenses shall include:

Verification of completion of a dental hygiene degree or certificate from a CODA or CDAC accredited program;
Verifiable evidence of a passing score from the National Board Dental Hygiene Examination issued by the Joint Commission on National Dental Examinations; and
A current report from the U.S. Department of Health and Human Services National Practitioner Data Bank (NPDB).

B. If documentation required for licensure cannot be produced by the entity from which it is required, the board, in its discretion, may accept other evidence of qualification for licensure.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 32, Issue 8, eff. January 28, 2015; Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-25-140 Licensure by examination

A. An applicant for licensure by examination shall have:

Graduated from or have been issued a certificate by a CODA or CDAC accredited program of dental hygiene;
Successfully completed the National Board Dental Hygiene Examination given by the Joint Commission on National Dental Examinations; and
Successfully completed a board-approved clinical competency examination in dental hygiene.

B. If the candidate has failed any section of a board-approved examination three times, the candidate shall complete a minimum of seven hours of additional clinical training in each section of the examination to be retested in order to be approved by the board to sit for the examination a fourth time.

C. Applicants who successfully completed a board-approved examination five or more years prior to the date of receipt of their applications for licensure by the board may be required to retake a board-approved examination or take board-approved continuing education that meets the requirements of 18VAC60-25-190, unless they demonstrate that they have maintained clinical, unrestricted, and active practice in a jurisdiction of the United States for 48 of the past 60 months immediately prior to submission of an application for licensure.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 32, Issue 8, eff. January 28, 2015.

18VAC60-25-150 Licensure by credentials

An applicant for dental hygiene licensure by credentials shall:

Have graduated from or have been issued a certificate by a CODA or CDAC accredited program of dental hygiene;
Be currently licensed to practice dental hygiene in another jurisdiction of the United States and have active clinical practice for 24 of the past 48 months immediately preceding application for licensure;
Be certified to be in good standing from each state in which the applicant is currently licensed or has ever held a license;
Have successfully completed a clinical competency examination substantially equivalent to that required for licensure by examination; and
Have successfully completed the dental hygiene examination of the Joint Commission on National Dental Examinations prior to making application to the board.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 32, Issue 8, eff. January 28, 2015; Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-25-160 Temporary permit; faculty license

A. Issuance of a temporary permit.

A temporary permit shall be issued only for the purpose of allowing dental hygiene practice as limited by § 54.1-2726 of the Code. An applicant for a temporary permit shall submit a completed application and verification of graduation from the program from which the applicant received the dental hygiene degree or certificate.
A temporary permit will not be renewed unless the permittee shows that extraordinary circumstances prevented the permittee from taking a board-approved clinical competency examination during the term of the temporary permit.

B. The board may issue a faculty license pursuant to the provisions of § 54.1-2725 of the Code.

C. A dental hygienist holding a temporary permit or a faculty license issued pursuant to this section is subject to the provisions of this chapter and the disciplinary regulations that apply to all licensees practicing in Virginia.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015.

18VAC60-25-170 Voluntary practice

Registration for voluntary practice by out-of-state licensees. Any dental hygienist who does not hold a license to practice in Virginia and who seeks registration to practice on a voluntary basis under the auspices of a publicly supported, all volunteer, nonprofit organization that sponsors the provision of health care to populations of underserved people shall:

File a complete application for registration on a form provided by the board at least 15 days prior to engaging in such practice;
Provide a copy of a current license or certificate to practice dental hygiene;
Provide a complete record of professional licensure in each jurisdiction in the United States in which the applicant has held a license or certificate;
Provide the name of the nonprofit organization and the dates and location of the voluntary provision of services; and
Provide a notarized statement from a representative of the nonprofit organization attesting to its compliance with provisions of subdivision 5 of § 54.1-2701 of the Code of Virginia.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

Part V Licensure Renewal and Reinstatement

18VAC60-25-180 Requirements for licensure renewal

A. An active or inactive dental hygiene license shall be renewed in the licensee's birth month each year.

B. A faculty license, a restricted volunteer license, or a temporary permit shall be renewed on or before June 30 each year.

C. The license of any person who does not return the completed renewal form and fees by the deadline required in subsection A of this section shall automatically expire and become invalid.

D. Any person who does not return the completed form and fee by the deadline required in subsection A of this section shall be required to pay an additional late fee. The board may renew a license if the renewal form, renewal fee, and late fee are received within one year of the deadline required in subsection A of this section.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 36, Issue 24, eff. August 19, 2020; Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-25-190 Requirements for continuing education

A. In order to renew an active license, a dental hygienist shall complete a minimum of 15 hours of approved continuing education. Continuing education hours in excess of the number required for renewal may be transferred or credited to the next renewal year for a total of not more than 15 hours.

A dental hygienist shall be required to maintain evidence of successful completion of a current hands-on course in basic cardiopulmonary resuscitation for health care providers.
A dental hygienist who monitors patients under general anesthesia, deep sedation, or moderate sedation shall complete four hours every two years of approved continuing education directly related to monitoring of such anesthesia or sedation as part of the hours required for licensure renewal.
Up to three hours of the 15 hours required for annual renewal may be satisfied through delivery of dental hygiene services, without compensation, to low-income individuals receiving health services through a local health department or a free clinic organized in whole or primarily for the delivery of those services.

B. An approved continuing education program shall be relevant to the treatment and care of patients and shall consist of:

Clinical courses in dental or dental hygiene practice; or
Nonclinical subjects that relate to the skills necessary to provide dental hygiene services and are supportive of clinical services (i.e., patient management, legal and ethical responsibilities, risk management, and recordkeeping). Courses not acceptable for the purpose of this subsection include estate planning, financial planning, investments, and personal health.

C. Continuing education credit may be earned for verifiable attendance at or participation in any course, to include audio and video presentations, that meets the requirements in subdivision B 1 of this section and is given by one of the

sponsors approved by the board.

D. Verification of compliance.

All licensees are required to verify compliance with continuing education requirements at the time of annual license renewal.
Following the renewal period, the board may conduct an audit of licensees to verify compliance.
Any licensee selected for audit shall provide original documents certifying that the licensee has fulfilled the continuing education requirements by the deadline date as specified by the board.
Licensees are required to maintain original documents verifying the date and the subject of the program or activity, the sponsor, and the amount of time earned. Documentation shall be maintained for a period of four years following renewal.
Failure to comply with continuing education requirements may subject the licensee to disciplinary action by the board.

E. Exemptions.

A licensee is exempt from completing continuing education requirements and considered in compliance on the first renewal date following the licensee's initial licensure.
The board may grant an exemption for all or part of the continuing education requirements due to circumstances beyond the control of the licensee, such as temporary disability, mandatory military service, or officially declared disasters. A written request with supporting documents must be submitted at least 30 days prior to the deadline for renewal.

F. The board may grant an extension for up to one year for completion of continuing education upon written request with an explanation to the board prior to the renewal date.

G. Continuing education hours required by board order shall not be used to satisfy the continuing education requirement for license renewal or reinstatement.

H. In order to practice under remote supervision in accordance with subsection F of § 54.1-2722 of the Code of Virginia, a dental hygienist shall complete a continuing education course of no less than two hours in duration that is offered by an accredited dental education program or a sponsor listed in subsection C of this section and that includes the following course content:

Intent and definitions of remote supervision;
Review of dental hygiene scope of practice and delegation of services;
Administration of controlled substances;
Patient records, documentation, and risk management;
Remote supervision laws for dental hygienists and dentists;
Written practice protocols; and
Settings allowed for remote supervision.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2709.5 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 5, 2015; amended, Virginia Register Volume 33, Issue 9, eff. February 10, 2017; Volume 34, Issue 25, eff. September 20, 2018; Volume 35, Issue 5, eff. November 28, 2018; Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-25-200 Inactive license

A. Any dental hygienist who holds a current, unrestricted license in Virginia may, upon a request on the renewal application and submission of the required fee, be issued an inactive license.

B. With the exception of practice with a restricted volunteer license as provided in § 54.1-2726.1 of the Code of Virginia, the holder of an inactive license shall not be entitled to perform any act requiring a license to practice dental hygiene in Virginia.

C. An inactive dental hygiene license may be renewed on or before the licensee's birth month of each year.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-25-210 Reinstatement or reactivation of a license

A. Reinstatement of an expired license.

Any person whose license has been expired for more than one year and who wishes to reinstate such license shall submit to the board a reinstatement application and the reinstatement fee.
An applicant for reinstatement shall submit evidence of completion of continuing education that meets the requirements of 18VAC60-25-190 and is equal to the requirement for the number of years in which the applicant's license has not been active in Virginia, not to exceed a total of 45 hours. Of the required hours, at least 15 must be earned in the most recent 12 months and the remainder within the 36 months preceding an application for reinstatement.
An applicant for reinstatement shall also provide evidence of continuing clinical competence that may also include (i) documentation of active practice in another state or in federal service, (ii) recent passage of a clinical competency examination accepted by the board, or (iii) completion of a clinical, hands-on refresher program offered by a CODA accredited program.
The executive director may reinstate a license provided that the applicant can demonstrate continuing clinical competence, that no grounds exist pursuant to § 54.1-2706 of the Code of Virginia or 18VAC60-25-120 to deny reinstatement, and that the applicant has paid the reinstatement fee and any fines or assessments.

B. Reactivation of an inactive license.

An inactive license may be reactivated upon submission of the required application and payment of the current renewal fee.
An applicant for reactivation shall also provide evidence of continuing clinical competence that may also include (i) documentation of active practice in another state or in federal service, (ii) recent passage of a clinical competency examination accepted by the board, or (iii) completion of a clinical, hands-on refresher program offered by a CODA accredited program.
The executive director may reactivate a license provided that the applicant can demonstrate continuing clinical competence and that no grounds exist pursuant to § 54.1-2706 of the Code of Virginia or 18VAC60-25-120 to deny said reactivation.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

Chapter 30 Regulations Governing the Practice of Dental Assistants

Part I General Provisions

18VAC60-30-10 Definitions

A. The following words and terms when used in this chapter shall have the meanings ascribed to them in § 54.1-2700 of the Code of Virginia:

"Board"

"Dental hygiene"

"Dental hygienist"

"Dentist"

"Dentistry"

B. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"CODA" means the Commission on Dental Accreditation of the American Dental Association.

"Dental assistant I" means any unlicensed person under the direction of a dentist or a dental hygienist who renders assistance for services provided to the patient as authorized under this chapter but shall not include an individual serving in purely an administrative, secretarial, or clerical capacity.

"Direct supervision" means that the dentist examines the patient and records diagnostic findings prior to delegating restorative or prosthetic treatment and related services to a dental assistant II for completion the same day or at a later date. The dentist prepares the teeth to be restored and remains immediately available in the office to the dental assistant II for guidance or assistance during the delivery of treatment and related services. The dentist examines the patient to evaluate the treatment and services before the patient is dismissed.

"Direction" means the level of supervision (i.e., immediate, direct, indirect, or general) that a dentist is required to exercise with a dental hygienist, a dental assistant I, or a dental assistant II or that a dental hygienist is required to exercise with a dental assistant to direct and oversee the delivery of treatment and related services.

"Immediate supervision" means the dentist is in the operatory to supervise the administration of sedation or provision of treatment.

"Radiographs" means intraoral and extraoral radiographic images of hard and soft tissues used for purposes of diagnosis.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-30-20 Address of record; posting of registration

A. Address of record. Each registered dental assistant II shall provide the board with a current address of record. All required notices and correspondence mailed by the board to any such registrant shall be validly given when mailed to the address of record on file with the board. Each registrant may also provide a different address to be used as the public address, but if a second address is not provided, the address of record shall be the public address. All changes of address shall be furnished to the board in writing within 30 days of such changes.

B. Posting of registration. A copy of the registration of a dental assistant II shall either be posted in an operatory in which the person is providing services to the public or in the patient reception area where it is clearly visible to patients and accessible for reading.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-30-30 Required fees

| A. Initial registration fee. | $100 | | --- | --- | | B. Renewal fees. | | | 1. Dental assistant II registration - active | $50 | | 2. Dental assistant II registration - inactive | $25 | | C. Late fees. | | | 1. Dental assistant II registration - active | $20 | | 2. Dental assistant II registration - inactive | $10 | | D. Reinstatement fees. | | | 1. Expired registration | $125 | | 2. Suspended registration | $250 | | 3. Revoked registration | $300 | | E. Administrative fees. | | | 1. Duplicate wall certificate | $60 | | 2. Duplicate registration | $20 | | 3. Registration verification | $35 | | 4. Handling fee for returned check or dishonored credit or debit card | $50 |

F. No fee will be refunded or applied for any purpose other than the purpose for which the fee is submitted.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 34, Issue 11, eff. February 21, 2018; Volume 36, Issue 24, eff. August 19, 2020; Volume 37, Issue 1, eff. October 15, 2020; Volume 41, Issue 2, eff. October 24, 2024.

Part II Practice of Dental Assistants II

18VAC60-30-40 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; repealed, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-30-50 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 35, Issue 5, eff. November 28, 2018; repealed, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-30-60 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 37, Issue 14, eff. March 31, 2021; repealed, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-30-70 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; repealed, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-30-80 Radiation certification

No dental assistant I or II shall place or expose dental radiographs unless the dental assistant has one of the following: (i) satisfactory completion of a radiation safety course and examination given by an institution that maintains a program in dental assisting, dental hygiene, or dentistry accredited by CODA; (ii) certification by the American Registry of Radiologic Technologists; or (iii) satisfactory completion of the Radiation Health and Safety Review Course provided by the Dental Assisting National Board or its affiliate and passage of the Radiation Health and Safety Exam given by the Dental Assisting National Board. Any certificate issued pursuant to satisfying the requirements of this section shall be posted in plain view of the patient.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-30-90 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; repealed, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

Part III Standards of Conduct

18VAC60-30-100 Patient records; confidentiality

No dental assistant shall breach the confidentiality between a practitioner and a patient. A breach of confidentiality that is required or permitted by applicable law or beyond the control of the assistant shall not be considered negligent or willful.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-30-110 Acts constituting unprofessional conduct

The following practices shall constitute unprofessional conduct:

Misrepresenting to a patient and the public the materials or methods and techniques used or intended to be used.
Violating or cooperating with others in violating provisions of Chapter 1 (§ 54.1-100 et seq.) or 24 (§ 54.1-2400 et seq.) of Title 54.1 of the Code of Virginia or the Drug Control Act (§ 54.1-3400 et seq. of the Code of Virginia).

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

Part IV Entry Requirements for Dental Assistants II

18VAC60-30-115 General application requirements

All applications for registration as a dental assistant II shall include:

Evidence of a current credential as a Certified Dental Assistant (CDA) conferred by the Dental Assisting National Board or another certification from a credentialing organization recognized by the American Dental Association and acceptable to the board that was granted following passage of an examination on general chairside assisting, radiation health and safety, and infection control; and
Verification of completion of educational requirements set forth in 18VAC60-30-120.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-30-116 Requirements for educational programs

In order to train persons for registration as a dental assistant II, an educational program shall meet the following requirements:

The program shall be provided by an educational institution that maintains a program accredited by the Commission on Dental Accreditation of the American Dental Association.
The program shall have a program coordinator who is registered in Virginia as a dental assistant II or is licensed in Virginia as a dental hygienist or dentist. The program coordinator shall have administrative responsibility and accountability for operation of the program.
The program shall have a clinical practice advisor who is a licensed dentist in Virginia and who may also serve as the program coordinator. The clinical practice advisor shall assist in the laboratory training component of the program and conduct the program's calibration exercise for dentists who supervise the student's clinical experience.
A dental assistant II, registered in Virginia, who assists in teaching the laboratory training component of the program shall have a minimum of two years of clinical experience in performing duties delegable to a dental assistant II.
The program shall enter into a participation agreement with any dentist who agrees to supervise clinical experience. The dentist shall successfully complete the program's calibration exercise on evaluating the clinical skills of a student. The dentist supervisor may be the employer of the student.
Each program shall enroll practice sites for clinical experience, which may be a dental office, a nonprofit dental clinic, or an educational institution clinic.
All treatment of patients shall be under the immediate supervision of a licensed dentist who is responsible for the performance of duties by the student. The dentist shall attest to the successful completion of the clinical competencies and restorative experiences.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 37, Issue 14, eff. March 31, 2021.

18VAC60-30-120 Educational requirements for dental assistants II

A. A prerequisite for entry into an educational program preparing a person for registration as a dental assistant II shall be current certification as a Certified Dental Assistant (CDA) conferred by the Dental Assisting National Board or active licensure as a dental hygienist.

B. To be registered as a dental assistant II, a person shall complete a competency-based program from an educational institution that meets the requirements of 18VAC60-30-116. An applicant may be registered as a dental assistant II with specified competencies completed in education as described in this subsection:

Didactic coursework in dental anatomy that includes basic histology, understanding of the periodontium and temporal mandibular joint, pulp tissue and nerve innervation, occlusion and function, muscles of mastication, and any other item related to the restorative dental process.
Didactic coursework in operative dentistry, to include materials used in direct and indirect restorative techniques, economy of motion, fulcrum techniques, tooth preparations, etch and bonding techniques and systems, and luting agents.
Laboratory training to be completed in the following modules:

a. No less than 15 hours of placing, packing, carving, and polishing of amalgam restorations, placement of a non-epinephrine retraction cord, and pulp capping procedures and no less than six class I and six class II restorations completed on a manikin simulator to competency;

b. No less than 40 hours of placing and shaping composite resin restorations, placement of a non-epinephrine retraction cord, and pulp capping procedures,and no less than 12 class I, 12 class II, five class III, five class IV, and five class V restorations completed on a manikin simulator to competency; and

c. At least 10 hours of making final impressions, placement of a non-epinephrine retraction cord, final cementation of crowns and bridges after preparation, and adjustment and fitting by the dentist, and no less than four crown impressions, two placements of retraction cord, five crown cementations, and two bridge cementations on a manikin simulator to competency.

Clinical experience applying the techniques learned in the preclinical coursework and laboratory training in the following modules:

a. At least 30 hours of placing, packing, carving, and polishing of amalgam restorations, placement of a non-epinephrine retraction cord, and no less than six class I and six class II restorations completed on a live patient to competency;

b. At least 60 hours of placing and shaping composite resin restorations, placement of a non-epinephrine retraction cord, and no less than six class I, six class II, five class III, three class IV, and five class V restorations completed on a live patient to competency; and

c. At least 30 hours of making final impressions; placement of non-epinephrine retraction cord; final cementation of crowns and bridges after preparation, adjustment, and fitting by the dentist; and no less than four crown impressions, two placements of retraction cord, five crown cementations, and two bridge cementations on a live patient to competency.

Successful completion of the following competency examinations given by the accredited educational programs:

a. A written examination at the conclusion of didactic coursework; and

b. A clinical competency exam.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 37, Issue 14, eff. March 31, 2021; Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-30-130 (Reserved)

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Reserved Virginia Register Volume 32, Issue 5, eff. December 2, 2015.

18VAC60-30-140 Registration by endorsement as a dental assistant II

A. An applicant for registration by endorsement as a dental assistant II shall provide evidence of the following:

Current certification as a Certified Dental Assistant (CDA) conferred by the Dental Assisting National Board or another national credentialing organization recognized by the American Dental Association;
Current authorization to perform expanded duties as a dental assistant in a jurisdiction of the United States;
A credential, registration, or certificate from another state with qualifications substantially equivalent in hours of instruction and course content to those set forth in 18VAC60-30-120 or, if the qualifications were not substantially equivalent, documented experience in the restorative and prosthetic expanded duties set forth in 18VAC60-30-60 for at least 24 of the past 48 months preceding application for registration in Virginia.

B. An applicant shall also be certified to be in good standing from each jurisdiction of the United States in which the applicant is currently registered, certified, or credentialed or in which the applicant has ever held a registration, certificate, or credential.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

Part V Requirements for Renewal and Reinstatement

18VAC60-30-150 Registration renewal requirements

A. Each person holding an active or inactive registration shall annually renew registration in the person's birth month. Any person who does not return the completed form and fee by the deadline shall be required to pay an additional late fee.

B. The registration of any person who does not return the completed renewal form and fees by the deadline shall automatically expire and become invalid. Practicing in Virginia with an expired registration may subject the registrant to disciplinary action by the board.

C. In order to renew registration, a dental assistant II shall be required to maintain and attest to current certification from the Dental Assisting National Board or another national credentialing organization recognized by the American Dental Association.

D. A dental assistant II shall also be required to maintain evidence of successful completion of a current, hands-on course in basic cardiopulmonary resuscitation.

E. Following the renewal period, the board may conduct an audit of registrants to verify compliance. Registrants selected for audit shall provide original documents certifying current certification.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 36, Issue 24, eff. August 19, 2020; Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-30-160 Inactive registration

A. Any dental assistant II who holds a current, unrestricted registration in Virginia may, upon a request on the renewal application and submission of the required fee, be issued an inactive registration. The holder of an inactive registration shall not be entitled to perform any act requiring registration to practice as a dental assistant II in Virginia.

B. An inactive registration may be reactivated upon submission of evidence of current certification from the Dental Assisting National Board or a national credentialing organization recognized by the American Dental Association. An applicant for reactivation shall also provide evidence of continuing clinical competence, which may include (i) documentation of active practice in another state or in federal service or (ii) a refresher course offered by a CODA accredited educational program.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

18VAC60-30-170 Registration reinstatement requirements

A. The board shall reinstate an expired registration if the renewal form, renewal fee, and late fee are received within one year of the deadline required in subsection A of 18VAC60-30-150, provided that no grounds exist to deny the reinstatement pursuant to § 54.1-2706 of the Code of Virginia or 18VAC60-30-110.

B. A dental assistant II who has allowed dental assistant II registration to lapse or who has had such registration suspended or revoked must submit evidence of current certification from the Dental Assisting National Board or a credentialing organization recognized by the American Dental Association to reinstate registration.

C. The executive director may reinstate such expired registration, provided that the applicant can demonstrate continuing clinical competence, the applicant has paid the reinstatement fee and any fines or assessments, and no grounds exist to deny the reinstatement pursuant to § 54.1-2706 of the Code of Virginia or 18VAC60-30-110.

D. An applicant for reinstatement shall provide evidence of continuing clinical competence, which may include (i) documentation of active practice in another state or in federal service or (ii) a refresher course offered by a CODA accredited educational program.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 5, eff. December 2, 2015; amended, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

Agency 62 Fair Housing Board

Chapter 10 Public Participation Guidelines

Part I Purpose and Definitions

18VAC62-10-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Fair Housing Board. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2344 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC62-10-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Fair Housing Board, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2344 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Part II Notification of Interested Persons

18VAC62-10-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2344 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC62-10-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 18VAC62-10-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2344 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Part III Public Participation Procedures

18VAC62-10-50 Public comment

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008; amended, Virginia Register Volume 33, Issue 16, eff. June 1, 2017.

18VAC62-10-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2344 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC62-10-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2344 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC62-10-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2344 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC62-10-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2344 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC62-10-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2344 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC62-10-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2344 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Chapter 20 Fair Housing Certification Regulations

Part I General

18VAC62-20-10 Applicability

This chapter is applicable to persons subject to the Virginia Fair Housing Law (§ 36-96.1 et seq. of the Code of Virginia) who are in the business or activity of selling or renting dwellings as defined in this chapter, except those individuals who hold a valid license issued by the Real Estate Board.

History

Statutory Authority: § 54.1-2344 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 21, Issue 20, eff. July 15, 2005; amended, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

18VAC62-20-20 Definitions

The following words and terms when used in this chapter have the following meanings unless a different meaning is provided or is plainly required by the context:

"Board" means the Fair Housing Board.

"Certificate holder" means any person in the business of selling or renting dwellings who holds a valid certificate issued by the board.

"Certification" means the process by which the board issues a certificate to a person certifying completion of the entry requirements established by this chapter.

"Hour" means 50 minutes.

"Person in the business or activity of selling or renting dwellings" means any person who is the owner of any combination of residential dwelling units occupied by five or more families. "Person in the business or activity of selling or renting dwellings" does not include any person involved in the sale of a dwelling or interest therein pursuant to a deed of trust or in full or partial satisfaction of a debt that was secured by such dwelling or interest therein or other lien on such property.

"Provider" means an accredited university, college, community college, or high school offering adult distributive education courses or a school offering fair housing related courses.

"School" means (i) a privately owned school, (ii) a real estate professional association, or (iii) other entities not under the authority of the Department of Education.

History

Statutory Authority: § 54.1-2344 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 21, Issue 20, eff. July 15, 2005; amended, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

Part II Entry Requirements

18VAC62-20-30 Qualifications for certification

A. Every applicant for fair housing certification must have the following qualifications:

The applicant must complete two hours of fair housing training approved by the board or the Real Estate Board.
The applicant must have taken the two-hour fair housing training within two years of the date of application.
If the applicant has in the last five years been found in a court or an administrative body to have violated the Virginia Fair Housing Act (§ 36-96.1 et seq. of the Code of Virginia), the fair housing laws of any jurisdiction of the United States, including Title VIII of the Civil Rights Act of 1968 (82 Stat. 73) or the Civil Rights Act of 1866 (14 Stat. 27), there being no appeal therefrom or the time for appeal having elapsed, then the applicant must disclose those violations.

B. Applicants must provide an address and email address.

History

Statutory Authority: § 54.1-2344 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 21, Issue 20, eff. July 15, 2005; amended, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

18VAC62-20-40 Fees

A. All application fees are nonrefundable and the date of actual receipt by the board or its agent is the date that will be used to determine whether the fee is timely received.

B. The application fee for certification will be $25.

C. All fees for renewal are nonrefundable, and the date of actual receipt by the board or its agent is the date that will be used to determine whether the fee is timely received.

D. Renewal fees are as follows:

| Renewal fee | $25 | | --- | --- | | Late renewal fee | $25 |

E. The application fee for approval as an instructor will be $100.

F. The renewal fee for an instructor will be $100.

G. The reinstatement fee for an instructor will be $50.

History

Statutory Authority: § 54.1-2344 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 21, Issue 20, eff. July 15, 2005; amended, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

Part III Renewal of Certification

18VAC62-20-50 Renewal required

Certificates issued under this chapter will expire two years from the last day of the month in which they were issued, as indicated on the certificate.

History

Statutory Authority: § 54.1-2344 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 21, Issue 20, eff. July 15, 2005; amended, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

18VAC62-20-60 Qualification for renewal

A. As a condition of renewal, all certificate holders will be required to satisfactorily complete two hours of fair housing training approved by the board or the Real Estate Board within the preceding two years.

B. Each certificate holder desiring to renew the certificate must return the appropriate fee as outlined in 18VAC62-20-40.

C. If the certificate holder has in the last two years been found in a court or an administrative body to have violated the Virginia Fair Housing Act (§ 36-96.1 et seq. of the Code of Virginia), the fair housing laws of any jurisdiction of the United States, including Title VIII of the Civil Rights Act of 1968 (82 Stat. 73) or the Civil Rights Act of 1866 (14 Stat. 27), there being no appeal therefrom or the time for appeal having elapsed, then the certificate holder must disclose those violations.

History

Statutory Authority: § 54.1-2344 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 21, Issue 20, eff. July 15, 2005; amended, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

18VAC62-20-70 Procedures for renewal

The board will send a renewal notice to the certificate holder.

History

Statutory Authority: § 54.1-2344 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 21, Issue 20, eff. July 15, 2005; amended, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

18VAC62-20-80 Failure to renew

A. If the requirements for renewal of a certificate, including receipt of the fee by the board, are not completed by the certificate holder within 30 days of the expiration date noted on the certificate, a late renewal fee will be required in addition to the renewal fee.

B. If the requirements for renewal of a certificate, including receipt of the fee by the board, are not completed by the certificate holder within six months of the expiration date noted on the certificate, the certificate holder must apply as a new applicant.

History

Statutory Authority: § 54.1-2344 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 21, Issue 20, eff. July 15, 2005; amended, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

18VAC62-20-90 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 21, Issue 20, eff. July 15, 2005; repealed, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

18VAC62-20-100 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 21, Issue 20, eff. July 15, 2005; repealed, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

Part IV Standards of Conduct

18VAC62-20-110 Maintenance of certificates

A. Changes of address or email address must be reported to the board in writing within 60 calendar days after such change.. The board will not be responsible for the certificate holder's failure to receive notices, communications, and correspondence caused by the certificate holder's failure to promptly notify the board of any change of address or email address.

B. A certificate holder must notify the board in writing of a name change within 60 calendar days of any change in the certificate holder's legal name. Such notification must be accompanied by a copy of a marriage certificate, divorce decree, or court order that verifies the name change.

History

Statutory Authority: § 54.1-2344 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 21, Issue 20, eff. July 15, 2005; amended, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

Part V Education

18VAC62-20-120 Course requirements; instructor requirements

A. Every applicant to the board for approval as an instructor must have the following qualifications:

The applicant must be a qualified expert in a field related to fair housing who will teach only in the area of the applicant's expertise. Each applicant will be required to state the applicant's area of expertise and furnish proof of expertise, including educational transcripts, professional certificates, and letters of reference that will verify the applicant's expertise. The applicant must have completed at least eight hours of fair housing courses, including two hours within the last 12 months. An applicant must have taught a minimum of eight hours of fair housing courses, at least two hours of which must have been taught within the last 12 months.
The applicant must disclose whether in the last five years the applicant has been found in a court or an administrative body to have violated the Virginia Fair Housing Act (§ 36-96.1 et seq. of the Code of Virginia), the fair housing laws of any jurisdiction of the United States, including Title VIII of the Civil Rights Act of 1968 (82 Stat. 73) or the Civil Rights Act of 1866 (14 Stat. 27), there being no appeal therefrom or the time for appeal having elapsed.

B. Providers of fair housing courses must submit all subjects to the board for approval prior to initially offering the course. The board will approve each course based on the relevance of the subject to fair housing. A provider seeking approval of a course must submit an application for course approval on a form provided by the board. The application must include:

A course syllabus listing the main points of the course;
A copy of current Fair Housing Board Instructor Certification from each instructor;
A comprehensive, timed course outline indicating course subjects and the number of minutes of instruction for each subject;
A copy of the course materials used or distributed, including books, handouts, pamphlets, overhead slides, and detailed lecture notes; and
A copy of the proposed course completion certificate, which includes:

a. Course name;

b. Course number;

c. Course date;

d. Student name;

e. Provider name; and

f. A statement that the course is approved for Fair Housing Certification by the Virginia Fair Housing Board.

C. All providers must provide each student with a document that the student may use as proof of course completion.

History

Statutory Authority: § 54.1-2344 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 21, Issue 20, eff. July 15, 2005; amended, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

18VAC62-20-130 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 21, Issue 20, eff. July 15, 2005; repealed, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

18VAC62-20-140 Course renewal procedures

A. Approval of a course will expire two years from the last day of the month in which it was issued, as indicated on the approval document.

B. The board will send a renewal notice to the course provider.

C. If the renewal requirements are not completed within 30 days of the expiration date noted on the course approval, the course will no longer be eligible for renewal.

History

Statutory Authority: § 54.1-2344 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 21, Issue 20, eff. July 15, 2005; amended, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

18VAC62-20-150 Instructor renewal procedures

A. Approval of an instructor will expire two years from the last day of the month in which it was issued, as indicated on the approval document.

B. The board will send a renewal notice to the instructor.

C. If the requirements for renewal of an approved instructor, including receipt of the fee by the board, are not completed within 30 days of the expiration date on the approval document, a reinstatement fee will be required. Approval as an instructor may be reinstated for up to one year following the expiration date with payment of the reinstatement fee. After one year, the approval as an instructor will not be reinstated under any circumstances and the instructor must meet all current requirements and apply as a new applicant.

History

Statutory Authority: § 54.1-2344 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 21, Issue 20, eff. July 15, 2005; amended, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

18VAC62-20-160 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 21, Issue 20, eff. July 15, 2005; repealed, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

18VAC62-20-170 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 21, Issue 20, eff. July 15, 2005; repealed, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

18VAC62-20-180 Withdrawal of approval

The board may withdraw approval of any instructor or course for the following reasons:

The instructor or course no longer meets the standards established by the board.
Where the instructor has been found to have violated or cooperated with others in violating any provision of Chapter 5.1 (§ 36-96.1 et seq.) of Title 36 of the Code of Virginia, the fair housing laws of any jurisdiction of the United States, including Title VIII of the Civil Rights Act of 1968 (82 Stat. 73) or the Civil Rights Act of 1866 (14 Stat. 27).

History

Statutory Authority: § 54.1-2344 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 21, Issue 20, eff. July 15, 2005; amended, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

Agency 65 Board of Funeral Directors And Embalmers

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

18VAC65-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Board of Funeral Directors and Embalmers. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

18VAC65-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Board of Funeral Directors and Embalmers, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

Part II Notification of Interested Persons

18VAC65-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

18VAC65-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 18VAC65-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

Part III Public Participation Procedures

18VAC65-11-50 Public comment

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008; amended, Virginia Register Volume 33, Issue 7, eff. January 12, 2017.

18VAC65-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

18VAC65-11-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

18VAC65-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

18VAC65-11-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

18VAC65-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

18VAC65-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

Chapter 20 Regulations Governing the Practice of Funeral Services

Part I General Provisions

18VAC65-20-10 Definitions

Words and terms used in this chapter shall have the definitions ascribed in § 54.1-2800 of the Code of Virginia or in 16 CFR Part 453, Funeral Industry Practices, of the Federal Trade Commission, which is incorporated by reference in this chapter. In addition, the following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Affiliation" or "affiliated" means a relationship involving a degree of common or subsidiary ownership between two establishments or entities.

"Branch" or "chapel" means a funeral service establishment that is affiliated with a licensed main establishment and that conforms with the requirements of § 54.1-2811 of the Code of Virginia.

"Courtesy card" means the card issued by the board that grants limited and restricted funeral service privileges in the Commonwealth to out-of-state funeral service licensees, funeral directors, and embalmers.

"Cremation container" means a container in which human remains are transported to the crematory and placed in the retort for cremation.

"Cremation urn" means a wood, metal, stone, plastic, or composition container or a container of other material, which is designed for encasing cremated ashes.

"Cremation vault" or "cremation outer burial container" means any container that is designed for encasement of an inner container or urn containing cremated ashes. Also known as a cremation box.

"FTC" means the Federal Trade Commission.

"Manager of record" means a funeral service licensee or licensed funeral director who is responsible for the direct supervision and management of a funeral service establishment or branch facility.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2803 of the Code of Virginia.
Historical Notes: Derived from VR320-01-2 § 1.1, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 20, Issue 8, eff. January 28, 2004; Volume 25, Issue 20, eff. July 8, 2009; Volume 37, Issue 12, eff. March 3, 2021.

18VAC65-20-15 Criteria for delegation of informal fact-finding proceedings to an agency subordinate

A. Decision to delegate. In accordance with subdivision 10 of § 54.1-2400 of the Code of Virginia, the board may delegate an informal fact-finding proceeding to an agency subordinate.

B. Criteria for delegation. Cases that may not be delegated to an agency subordinate, except with the concurrence of a committee of the board, are those that involve:

Intentional or negligent conduct that causes or is likely to cause injury;
Conducting the practice of funeral services in such a manner as to constitute a danger to the health, safety, and well-being of the staff or the public;
Impairment with an inability to practice with skill and safety;
Inappropriate handling of dead human bodies;
Sexual misconduct;
Misappropriation of funds;
Aiding or abetting unauthorized practice; or
Felony conviction by an applicant.

C. Criteria for an agency subordinate.

An agency subordinate authorized by the board to conduct an informal fact-finding proceeding may include board members deemed knowledgeable by virtue of their training and experience in administrative proceedings involving the regulation and discipline of health professionals.
The executive director shall maintain a list of appropriately qualified persons to whom an informal fact-finding proceeding may be delegated.
The board may delegate to the executive director the selection of the agency subordinate who is deemed appropriately qualified to conduct a proceeding based on the qualifications of the subordinate and the type of case being heard.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2803 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 21, Issue 18, eff. June 15, 2005; amended, Virginia Register Volume 24, Issue 24, eff. September 3, 2008; Volume 40, Issue 4, eff. November 8, 2023.

18VAC65-20-20 (Repealed.)

Historical Notes

Derived from VR320-01-2 §§ 1.2 to 1.4, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; repealed, Virginia Register Volume 15, Issue 7, eff. January 20, 1999.

18VAC65-20-50 Posting of license

A. Each licensee shall post an original or photocopy of his license in a place conspicuous to consumers of funeral services in each establishment or branch where he practices.

B. The establishment license shall be posted in a place conspicuous to consumers of funeral services.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2803 of the Code of Virginia.
Historical Notes: Derived from VR320-01-2 § 2.1, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 20, Issue 8, eff. January 28, 2004; Volume 37, Issue 12, eff. March 3, 2021.

18VAC65-20-60 Accuracy of information

A. All changes in the address of record or the public address, if different from the address of record, or in the name of a licensee or registrant shall be furnished to the board within 30 days after the change occurs.

B. Any change in ownership or manager of record for an establishment or crematory shall be reported to the board within 14 days of the change.

C. A surface transportation and removal service shall notify the board within 14 days of any change in the name of the manager of record with the board.

D. All notices required by law and by this chapter to be provided by the board to any registrant or licensee shall be validly given when mailed to the latest address of record on file with the board and shall not relieve the licensee, funeral service intern, establishment, crematory, or firm of obligation to comply. Renewal notices may be mailed or sent electronically by the board.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2803 of the Code of Virginia.
Historical Notes: Derived from VR320-01-2 § 2.2, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 22, Issue 21, eff. July 26, 2006; Volume 24, Issue 24, eff. September 3, 2008; Volume 25, Issue 17, eff. July 1, 2009; Volume 25, Issue 20, eff. July 8, 2009; Volume 31, Issue 26, eff. September 23, 2015; Volume 37, Issue 12, eff. March 3, 2021.

18VAC65-20-70 Required fees

A. The following fees shall apply for initial licensure or registration:

| | 1. License to practice funeral service or as a funeral director or an embalmer | $325 | | --- | --- | --- | | | 2. Funeral service establishment license | $600 | | | 3. Surface transportation and removal service registration | $325 | | | 4. Courtesy card | $325 | | | 5. Crematory | $250 | | | 6. Waiver of full-time manager requirement | $150 |

B. The following fees shall apply for renewal of licensure or registration:

| | 1. License to practice funeral service or as a funeral director or an embalmer | $225 | | --- | --- | --- | | | 2. Funeral service establishment license | $400 | | | 3. Surface transportation and removal service registration | $300 | | | 4. Courtesy card | $300 | | | 5. Crematory | $200 | | | 6. Waiver of full-time manager requirement | $100 | | | 7. Inactive funeral service, funeral director, or embalmer license | $115 |

C. The following fees shall apply for late renewal of licensure or registration up to one year following expiration:

| | 1. License to practice funeral service or as a funeral director or an embalmer | $75 | | --- | --- | --- | | | 2. Funeral service establishment license | $135 | | | 3. Surface transportation and removal service registration | $100 | | | 4. Courtesy card | $100 | | | 5. Crematory | $75 | | | 6. Waiver of full-time manager requirement | $35 | | | 7. Inactive funeral service, funeral director, or embalmer license | $40 |

D. The following fees shall apply for reinstatement of licensure or registration:

| | 1. License to practice funeral service or as a funeral director or an embalmer | $400 | | --- | --- | --- | | | 2. Establishment license | $635 | | | 3. Surface transportation and removal service registration | $425 | | | 4. Courtesy card | $425 | | | 5. Crematory | $275 | | | 6. Reinstatement following suspension | $1,000 | | | 7. Reinstatement following revocation | $2,000 |

E. Other fees.

| | 1. Change of manager or establishment name | $100 | | --- | --- | --- | | | 2. Verification of license or registration to another state | $50 | | | 3. Duplicate license, registration, or courtesy card | $25 | | | 4. Duplicate wall certificates | $60 | | | 5. Change of ownership | $100 | | | 6. Nonroutine reinspection (i.e., structural change to preparation room, change of location or ownership) | $400 |

F. Fees for approval of continuing education providers.

| | 1. Application or renewal for continuing education provider | $400 | | --- | --- | --- | | | 2. Late renewal of continuing education provider approval | $100 | | | 3. Review of additional courses not included on initial or renewal application (per application for review of additional courses not per individual course) | $300 |

| | | | | --- | --- | --- | | | | | | | | | | | | | | | | |

History

Statutory Authority: §§ 54.1-2400 and 54.1-2803 of the Code of Virginia.
Historical Notes: Derived from VR320-01-2 § 3.1, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 4, eff. December 9, 1998; Volume 16, Issue 7, eff. January 19, 2000; Volume 19, Issue 19, eff. July 2, 2003; Volume 20, Issue 8, eff. January 28, 2004; Volume 23, Issue 7, eff. January 10, 2007; Volume 31, Issue 8, eff. January 14, 2015; Volume 37, Issue 12, eff. March 3, 2021.

18VAC65-20-80 (Repealed.)

Historical Notes

Derived from VR320-01-2 §§ 3.2 to 3.4, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; repealed, Virginia Register Volume 15, Issue 4, eff. December 9, 1998.

18VAC65-20-110 Additional fee information

A. There shall be a handling fee of $50 for returned checks or dishonored credit cards or debit cards.

B. Fees shall not be refunded once submitted.

C. The fee for the Virginia State Board Examination shall be paid directly to the examination service contracted by the board for its administration.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR320-01-2 § 3.5, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 22, Issue 12, eff. March 22, 2006; Volume 36, Issue 11, eff. March 5, 2020.

Part II Renewals and Reinstatement

18VAC65-20-120 Expiration dates

A. A funeral service establishment license, crematory registration, or surface transportation and removal service registration shall expire on March 31 of each calendar year.

B. The funeral service license, funeral director license, or embalmer license shall expire on March 31 of each calendar year.

C. Courtesy cards expire on March 31 of each calendar year.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2803 of the Code of Virginia.
Historical Notes: Derived from VR320-01-2 § 4.1, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 16, Issue 7, eff. January 19, 2000; Volume 24, Issue 24, eff. September 3, 2008.

18VAC65-20-130 Renewal of license; registration

A. A person, establishment, crematory, courtesy card holder, or surface transportation and removal service that desires to renew its license or registration for the next year shall, not later than the expiration date as provided in 18VAC65-20-120, submit the renewal form and applicable fee.

In order to renew an active funeral service, funeral director, or embalmer license, a licensee shall be required to comply with continuing competency requirements set forth in 18VAC65-20-151.
The board shall not renew a license for any licensee who fails to attest to compliance with continuing competency requirements on the renewal form.
In order to renew a courtesy card, the courtesy card holder shall provide documentation of current, unrestricted licensure for funeral service, funeral directing, or embalming from the licensing authority in the states in which the courtesy card holder is licensed to practice.

B. A person who or entity that desires to renew an expired license for up to one year following expiration shall comply with requirements of subsection A of this section and also submit the applicable fee for late renewal.

C. A person who or entity that fails to renew a license, registration, or courtesy card by the expiration dates prescribed in 18VAC65-20-120 shall be deemed to have an invalid license, registration, or courtesy card and continued practice may subject the licensee to disciplinary action by the board.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2803 of the Code of Virginia.
Historical Notes: Derived from VR320-01-2 § 4.2, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 16, Issue 7, eff. January 19, 2000; Volume 19, Issue 19, eff. July 2, 2003; Volume 23, Issue 7, eff. January 10, 2007; Volume 24, Issue 24, eff. September 3, 2008; Volume 26, Issue 3, eff. November 11, 2009; Volume 37, Issue 12, eff. March 3, 2021.

18VAC65-20-140 Reinstatement of expired license or registration

A. The board may consider reinstatement of an expired license or registration that has not been renewed within one year of expiration for up to three years following expiration. An application request for reinstatement shall be submitted to the board and shall include payment of the reinstatement fee prescribed in 18VAC65-20-70.

B. If the Virginia license of a funeral service licensee, a funeral director, or an embalmer is lapsed three years or less and the applicant is seeking reinstatement, the applicant shall provide evidence of having completing the number of continuing competency hours required for the period in which the license has been lapsed.

C. When a license is not reinstated within three years of its expiration date, an applicant shall reapply for licensure and pass the state examination.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR320-01-2 § 4.3, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 19, Issue 19, eff. July 2, 2003; Volume 23, Issue 7, eff. January 10, 2007; Volume 26, Issue 3, eff. November 11, 2009; Volume 39, Issue 6, eff. December 7, 2022.

18VAC65-20-150 (Repealed.)

Historical Notes

Derived from VR320-01-2 § 4.4, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; repealed, Virginia Register Volume 19, Issue 19, eff. July 2, 2003.

18VAC65-20-151 Continued competency requirements for renewal of an active license

A. Funeral service licensees, funeral directors, or embalmers shall be required to have completed a minimum of five hours per year of continuing education offered by a board-approved sponsor for licensure renewal in courses that emphasize the ethics, standards of practice, preneed contracts and funding, or federal or state laws and regulations governing the profession of funeral service.

One hour per year shall cover compliance with laws and regulations governing the profession or preneed funeral arrangements. At least one hour of continuing education in preneed funeral arrangements must be completed every three years. The one-hour requirement on compliance with laws and regulations may be met once every two years by attendance at a meeting of the board or at a committee of the board or an informal conference or formal hearing.
One hour of the five hours required for annual renewal may be satisfied through delivery of professional services, without compensation, to low-income individuals receiving health services through a local health department or a free clinic organized in whole or primarily for the delivery of those services. One hour of continuing education may be credited for one hour of providing such volunteer services, as documented by the health department or free clinic. For the purposes of continuing education credit for volunteer service, an approved sponsor shall be a local health department or free clinic.

B. Courses must be directly related to the scope of practice of funeral service. Courses for which the principal purpose is to promote, sell, or offer goods, products, or services to funeral homes are not acceptable for the purpose of credit toward renewal.

C. The board may grant an extension for good cause of up to one year for the completion of continuing education requirements upon written request from the licensee prior to the renewal date. Such extension shall not relieve the licensee of the continuing education requirement.

D. The board may grant an exemption for all or part of the continuing education requirements for one renewal cycle due to circumstances determined by the board to be beyond the control of the licensee.

E. A licensee shall be exempt from the continuing education requirements for the first renewal following the date of initial licensure by examination in Virginia.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 19, eff. July 2, 2003; amended, Virginia Register Volume 24, Issue 22, eff. August 6, 2008; Volume 28, Issue 26, eff. September 26, 2012; Volume 33, Issue 11, eff. March 9, 2017; Volume 35, Issue 5, eff. November 28, 2018; Volume 39, Issue 6, eff. December 7, 2022.

18VAC65-20-152 Continuing education providers

A. Unless disqualified by action of the board, courses offered by the following providers are approved for continuing education credit:

Local, state, or federal government agencies;
Regionally accredited colleges and universities; or
Board-recognized national, regional, state, and local associations or organizations as follows:

a. National Funeral Directors Association and state chapters;

b. National Funeral Directors and Morticians Association and state chapters;

c. Association of Independent Funeral Homes of Virginia;

d. Cremation Association of North America;

e. American Board of Funeral Service Education;

f. International Conference of Funeral Service Examining Boards;

g. Virginia Morticians Association; and

h. Other similar associations or organizations as approved by action of the board.

B. Course providers not listed in subsection A of this section may apply for approval by the board as continuing education providers.

To be considered for board approval, a continuing education provider shall submit 60 days prior to offering a continuing education course:

a. Documentation of an instructional plan and course objectives for the continuing education course that meets the criteria set forth in 18VAC65-20-151 B;

b. A syllabus of the course to be offered with the credentials of the course instructors, a description of each session, including number of continuing education hours; and

c. The continuing education provider fee set forth under 18VAC65-20-70.

Board approval of continuing education providers under this subsection shall expire on July 1 of each year and may be renewed upon resubmission of documentation on courses and instructors and the provider fee as required by the board.
Renewed approval of a continuing education provider may be granted without submission of an additional course review fee if the provider submits a statement that courses and instructors offered for the coming year will not change from the previous year. If there will be additions or alterations to the continuing education offerings of a provider, resubmission of course documentation and an additional course review fee is required.
If additional courses are submitted for board approval beyond those courses submitted with an initial or renewal application, the continuing education provider shall remit the fee for review under 18VAC65-20-70.

C. Continuing education providers approved under subsection A or B of this section shall:

Maintain and provide to the board upon request documentation of the course titles and objectives and of licensee attendance and completion of courses for a period of two years;
Monitor attendance at classroom or similar educational experiences for compliance with law and regulations; and
Provide a certificate of completion for licensees who successfully complete a course.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2803 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 19, eff. July 2, 2003; amended, Virginia Register Volume 26, Issue 26, eff. September 29, 2010; Volume 37, Issue 12, eff. March 3, 2021.

18VAC65-20-153 Documenting compliance with continuing education requirements

A. All licensees with active status are required to maintain original documentation of continuing education for a period of three years after the corresponding annual renewal period.

B. After the end of each renewal period, the board may conduct a random audit of licensees to verify compliance with the requirement for that renewal period.

C. Upon request, a licensee shall provide documentation within 14 days as follows:

Official transcripts showing credit hours earned from an accredited institution; or
Certificates of completion from approved providers.

D. Compliance with continuing education requirements, including the subject and purpose of the courses as prescribed in 18VAC65-20-151 B, the maintenance of records, and the relevance of the courses to the category of licensure, is the responsibility of the licensee. The board may request additional information if such compliance is not clear from the transcripts or certificates.

E. Continuing education hours required by disciplinary order shall not be used to satisfy renewal requirements.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2803 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 19, eff. July 2, 2003; amended, Virginia Register Volume 24, Issue 24, eff. September 3, 2008; Volume 37, Issue 12, eff. March 3, 2021; Volume 40, Issue 26, eff. September 26, 2024.

18VAC65-20-154 Inactive license

A. A funeral service licensee, a funeral director, or an embalmer who holds a current, unrestricted license in Virginia shall, upon a request for inactive status on the renewal application and submission of the required renewal fee, be issued an inactive license.

An inactive licensee shall not be entitled to perform any act requiring a license to practice funeral service, funeral directing, or embalming in Virginia.
The holder of an inactive license shall not be required to meet continuing education requirements, except as may be required for reactivation in subsection B of this section.

B. A funeral service licensee, a funeral director, or an embalmer who holds an inactive license may reactivate his license by:

Paying the difference between the renewal fee for an inactive license and that of an active license for the year in which the license is being reactivated; and
Providing proof of completion of the number of continuing competency hours required for the period in which the license has been inactive, not to exceed three years.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 19, eff. July 2, 2003; amended, Virginia Register Volume 23, Issue 7, eff. January 10, 2007; Volume 31, Issue 8, eff. January 14, 2015; Volume 39, Issue 6, eff. December 7, 2022.

18VAC65-20-160 (Repealed.)

Historical Notes

Derived from VR320-01-2 § 5.1, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; repealed, Virginia Register Volume 15, Issue 7, eff. January 20, 1999.

Part III Requirements for Licensure

18VAC65-20-170 Requirements for an establishment license

A. No person shall maintain, manage, or operate a funeral service establishment in the Commonwealth, unless such establishment holds a license issued by the board. The name of the funeral service licensee or licensed funeral director designated by the ownership to be manager of record for the establishment shall be included on the license.

B. Except as provided in § 54.1-2810 of the Code of Virginia, every funeral service establishment and every branch or chapel of such establishment, regardless of how owned, shall have a separate manager of record who has responsibility for the establishment as prescribed in 18VAC65-20-171. The owner of the establishment shall not abridge the authority of the manager of record relating to compliance with the laws governing the practice of funeral services and regulations of the board.

C. At least 30 days prior to opening an establishment, an owner or licensed manager seeking an establishment license shall submit simultaneously a completed application, any additional documentation as may be required by the board to determine eligibility, and the applicable fee. An incomplete package will be returned to the licensee. A license shall not be issued until an inspection of the establishment has been completed and approved.

D. Within 30 days following a change of ownership, the owner or licensed manager shall request a reinspection of the establishment, submit an application for a new establishment license with documentation that identifies the new owner, and pay the licensure and reinspection fees as required by 18VAC65-20-70. Reinspection of the establishment may occur on a schedule determined by the board, but shall occur no later than one year from the date of the change.

E. The application for licensure of a branch or chapel shall specify the name of the main establishment and contain an attestation of the affiliation of the branch or chapel and the main establishment.

F. In the event of an emergency requiring the evacuation or discontinued use of a funeral establishment, the impacted establishment may be approved by the board to continue operations out of another licensed funeral establishment for a period of no more than 60 days. The impacted establishment may request an extension of emergency operations for an additional 30 days upon good cause shown. In requesting approval for conducting emergency operations under this section, the impacted funeral establishment shall submit documentation that identifies the manager of record for both the impacted establishment and establishment for emergency operations and any agreement for emergency usage.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2803 of the Code of Virginia.
Historical Notes: Derived from VR320-01-2 § 5.2, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 20, Issue 8, eff. January 28, 2004; Volume 24, Issue 24, eff. September 3, 2008; Volume 27, Issue 10, eff. March 3, 2011; Volume 29, Issue 25, eff. September 26, 2013; Volume 37, Issue 12, eff. March 3, 2021.

18VAC65-20-171 Responsibilities of the manager of record

A. Every funeral establishment shall have a manager of record who is employed full time by and in charge of the establishment.

B. The manager shall be fully accountable for the operation of the establishment as it pertains to the laws and regulations governing the practice of funeral services, to include:

Maintenance of the facility within standards established in this chapter;
Retention of reports and documents as prescribed by the board in 18VAC65-20-700 during the period in which he serves as manager of record;
Reporting to the board of any changes in information as required by 18VAC65-20-60; and
Correcting or seeking corrections of any deficiencies identified during the course of an inspection of the establishment.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2803 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 24, eff. September 3, 2008; amended, Virginia Register Volume 29, Issue 25, eff. September 26, 2013; Volume 37, Issue 12, eff. March 3, 2021.

18VAC65-20-180 (Repealed.)

Historical Notes

Derived from VR320-01-2 §§ 5.3 to 5.8, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; repealed, Virginia Register Volume 15, Issue 7, eff. January 20, 1999.

18VAC65-20-231 Requirements for a funeral director license by examination

A. To qualify for licensure as a funeral director, a person shall:

Be at least 18 years of age and hold a high school diploma or its equivalent;
Have completed a funeral service or funeral directing internship as prescribed by the board in regulation;
Have graduated from a school of mortuary science or funeral service accredited by the American Board of Funeral Service Education, Incorporated or have completed an associate's degree or its equivalent, which consists of at least 60 credit hours of coursework, of which at least 30 hours shall be from a funeral directing program approved by the board;
Have successfully completed coursework in the area of pathology as approved by the board;
Have passed the National Board Examination in Arts or State Board Examination in Arts of the International Conference of Funeral Service Examining Boards; and
Have passed the Virginia State Board Examination on the laws, rules, and regulations for funeral practice.

B. Applicants shall submit school transcripts and National Board Examination or State Board Examination scores as part of an application package, including the required fee and any additional documentation as may be required to determine eligibility.

C. The board, in its discretion, may license an individual convicted of a felony if such individual has successfully fulfilled all conditions of sentencing, been pardoned, or has had his civil rights restored. The board may refuse to license an individual who has a criminal or disciplinary proceeding pending against him in any jurisdiction in the United States.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 39, Issue 6, eff. December 7, 2022.

18VAC65-20-232 Requirements for an embalmer license by examination

A. To qualify for licensure as an embalmer, a person shall:

Be at least 18 years of age and hold a high school diploma or its equivalent;
Have completed a funeral service or an embalming internship as prescribed by the board in regulation;
Have graduated from a school of mortuary science or funeral service accredited by the American Board of Funeral Service Education, Incorporated or have completed an embalming program approved by the board;
Have passed the National Board Examination in Sciences or State Board Examination in Sciences of the International Conference of Funeral Service Examining Boards; and
Have passed the Virginia State Board Examination on the laws, rules, and regulations for funeral practice.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 39, Issue 6, eff. December 7, 2022.

18VAC65-20-235 Approval of educational programs

All applicants for licensure as a funeral service licensee are required to have graduated from a funeral service program offered by a school of mortuary science or funeral service accredited by the American Board of Funeral Service Education, Incorporated.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 7, eff. January 20, 1999; amended, Virginia Register Volume 39, Issue 6, eff. December 7, 2022.

18VAC65-20-236 Requirements for students assisting with embalming

In accordance with § 54.1-2805 of the Code of Virginia, a student who is duly enrolled in a mortuary education program in the Commonwealth and who is not registered with the board as a funeral intern may assist in embalming in a funeral service establishment provided the following requirements are met:

The funeral establishment holds a current, unrestricted license issued by the board;

2.The funeral establishment and funeral service licensee or embalmer providing student supervision meet the accreditation standards of the American Board of Funeral Service Education and the Commission on Accreditation for off-campus embalming instruction;

Students shall receive instruction and shall observe embalming of a dead human body prior to assisting with an embalming in a funeral service establishment and shall assist with embalming in conjunction with an embalming laboratory course;
A funeral service licensee or embalmer may supervise up to three students under his immediate supervision, which shall mean the supervisor is physically and continuously present in the preparation room with the students to supervise each task to be performed;
A funeral service establishment shall include on the form granting permission to embalm information disclosing that the establishment is a training facility for mortuary education students and that a student may be assisting the licensee with embalming; and
The embalming report shall include the names of students assisting with an embalming and shall be signed by the supervisor.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2805 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 35, Issue 10, eff. February 21, 2019.

18VAC65-20-240 Requirements for funeral service licensure by examination

A. Application requirements. Applicants shall submit official mortuary school transcripts and national examination board scores as part of an application package, including the required fee and any additional documentation as may be required to determine eligibility.

B. National examination requirements. Prior to applying for licensure by examination, every applicant shall pass the National Board Examination of the International Conference of Funeral Service Examining Boards.

C. State examination requirements. All applicants shall pass the Virginia State Board Examination.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2803 of the Code of Virginia.
Historical Notes: Derived from VR320-01-2 § 5.9, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 24, Issue 24, eff. September 3, 2008; Volume 26, Issue 3, eff. November 11, 2009; Volume 26, Issue 18, eff. June 9, 2010; Volume 37, Issue 12, eff. March 3, 2021.

18VAC65-20-250 (Repealed.)

Historical Notes

Derived from VR320-01-2 §§ 5.10 to 5.19, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; repealed, Virginia Register Volume 15, Issue 7, eff. January 20, 1999.

18VAC65-20-350 Requirements for licensure by reciprocity or endorsement

A. Licenses for the practice of funeral service, funeral directing, embalming, or an equivalent license issued by other states, territories, or the District of Columbia may be recognized by the board and the holder of such license may be granted a license to practice funeral service, funeral directing, or embalming within the Commonwealth.

Licenses may be granted to applicants by the board on a case-by-case basis if the applicant holds a valid license for the practice of funeral service, funeral directing, embalming, or an equivalent license in another state, territory, or the District of Columbia and possesses credentials that are substantially similar to or more stringent than required by the Commonwealth for initial licensure at the time the applicant was initially licensed.

B. An applicant for licensure by reciprocity or endorsement shall pass the Virginia State Board Examination.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR320-01-2 § 5.20, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 20, Issue 8, eff. January 28, 2004; Volume 24, Issue 24, eff. September 3, 2008; Volume 39, Issue 6, eff. December 7, 2022.

18VAC65-20-360 (Repealed.)

Historical Notes

Derived from VR320-01-2 §§ 5.21 and 6.1 to 6.3, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; repealed, Virginia Register Volume 15, Issue 7, eff. January 20, 1999.

Part IV Registration

18VAC65-20-400 Registration of surface transportation and removal services

All persons applying to own or operate a surface transportation and removal service, according to requirements of § 54.1-2819 of the Code of Virginia, shall submit an application package for registration which shall include:

A completed and signed application;
The fee prescribed in 18VAC65-20-70 A 3;
Additional documentation as may be required by the board to determine eligibility of the applicant, including evidence of training of the service manager and staff in compliance with standards of the Occupational Safety and Health Administration (OSHA) for universal precautions and bloodborne pathogens, and proof of bonding or liability insurance coverage related to the operation of the service; and
The name of the manager for the service.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2803 of the Code of Virginia.
Historical Notes: Derived from VR320-01-2 § 7.1, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 20, Issue 8, eff. January 28, 2004; Volume 29, Issue 25, eff. September 26, 2013; Volume 31, Issue 26, eff. September 23, 2015; Volume 37, Issue 12, eff. March 3, 2021.

18VAC65-20-410 (Repealed.)

Historical Notes

Derived from VR320-01-2 § 7.2, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; repealed, Virginia Register Volume 15, Issue 7, eff. January 20, 1999.

18VAC65-20-420 Misrepresentation

A person employed or operating a surface transportation and removal service shall not in any manner misrepresent himself to the public as being an official of any local jurisdiction, the Commonwealth, federal, or any other governmental body unless granted such authority. This shall include the name and title of the company or service, uniforms, equipment, vehicles, and any other instruments used or proffered by the services or its agents.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2803 of the Code of Virginia.
Historical Notes: Derived from VR320-01-2 § 7.3, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; Volume 24, Issue 24, eff. September 3, 2008.

18VAC65-20-430 (Repealed.)

Historical Notes

Derived from VR320-01-2 § 7.4, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; repealed, Virginia Register Volume 15, Issue 7, eff. January 20, 1999.

18VAC65-20-435 Registration of crematories

A. At least 30 days prior to opening a crematory, any person intending to own or operate a crematory shall apply for registration with the board by submitting a completed application and fee as prescribed in 18VAC65-20-70. The name of the individual designated by the ownership to be the crematory manager shall be included on the application. The owner of the crematory shall not abridge the authority of the crematory manager relating to compliance with the laws governing the practice of funeral services and regulations of the board. The designated crematory manager may be the manager of record of a funeral establishment colocated on the same premises.

B. Every crematory, regardless of how owned, shall have a manager who has (i) achieved certification by the Cremation Association of North America (CANA); the International Cemetery, Cremation and Funeral Association (ICCFA); or other certification recognized by the board and (ii) received training in compliance with standards of the Occupational Health and Safety Administration (OSHA) for universal precautions and bloodborne pathogens.

C. The manager shall be fully accountable for the operation of the crematory as it pertains to the laws and regulations governing the practice of funeral services, to include but not be limited to:

Maintenance of the facility within standards established in this chapter;
Retention of reports and documents as prescribed by the board in 18VAC65-20-436 during the period in which he serves as crematory manager; and
Reporting to the board of any changes in information as required by 18VAC65-20-60.

D. All persons who operate the retort in a crematory shall have certification by the Cremation Association of North America (CANA); the International Cemetery, Cremation and Funeral Association (ICCFA); or other certification recognized by the board. Persons receiving training toward certification to operate a retort shall be allowed to work under the supervision of an operator who holds certification for a period not to exceed six months.

E. A crematory providing cremation services directly to the public shall also be licensed as a funeral service establishment or shall be a branch of a licensed establishment.

F. When a crematory application is pending and the conduct of a cremation is necessary to ensure the proper function of retort equipment, the board may authorize the crematory to conduct a test cremation prior to registration. Once the crematory equipment is deemed functional and an initial crematory inspection is completed, the board may issue the crematory a registration to operate.

G. The board may take disciplinary action against a crematory registration for a violation of § 54.1-2818.1 of the Code of Virginia or for the inappropriate handling of dead human bodies or remains.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2803 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 7, eff. January 19, 2000; amended, Virginia Register Volume 25, Issue 20, eff. July 8, 2009; Volume 27, Issue 10, eff. March 3, 2011; Volume 29, Issue 25, eff. September 26, 2013; Volume 37, Issue 12, eff. March 3, 2021.

18VAC65-20-436 Standards for registered crematories or funeral establishments relating to cremation

A. Authorization to cremate.

A crematory shall require a cremation authorization form executed in person or electronically in a manner that provides a copy of an original signature in accordance with § 54.1-2818.1 of the Code of Virginia.
The cremation authorization form shall include an attestation of visual identification of the deceased from a viewing of the remains or a photograph of the remains signed by the person making the identification. Visual identification may be made by viewing unique identifiers or markings on the remains. The identification attestation shall either be given on the cremation authorization form or on an identification form attached to the cremation authorization form.
In the event visual identification is not feasible, a crematory may use other positive identification of the deceased in consultation with law enforcement, a medical examiner, or medical personnel as a prerequisite for cremation pursuant to § 54.1-2818.1 of the Code of Virginia.

B. Standards for cremation. The following standards shall be required for every crematory:

Every crematory shall provide evidence at the time of an inspection of a permit to operate issued by the Department of Environmental Quality (DEQ).
A crematory shall not knowingly cremate a body with a pacemaker, defibrillator, or other potentially hazardous implant in place.
A crematory shall not cremate the human remains of more than one person simultaneously in the same chamber of the retort or cremation unit, unless the crematory has received specific written authorization to do so from the person signing the cremation authorization form.
A crematory shall not cremate nonhuman remains in a retort permitted by DEQ for cremation of human remains.
Whenever a crematory is unable to cremate the remains within 24 hours upon taking custody thereof, the crematory shall maintain the remains in refrigeration at approximately 40° Fahrenheit or less, unless the remains have been embalmed.

C. Handling of human remains.

Human remains shall be transported to a crematory in a cremation container and shall not be removed from the container unless the crematory has been provided with written instructions to the contrary by the person who signed the authorization form. A cremation container shall substantially meet all the following standards:

a. Be composed of readily combustible materials suitable for cremation;

b. Be able to be closed in order to provide complete covering for the human remains;

c. Be resistant to leakage or spillage; and

d. Be rigid enough for handling with ease.

No crematory shall require that human remains be placed in a casket before cremation nor shall it require that the cremains be placed in a cremation urn, cremation vault, or receptacle designed to permanently encase the cremains after cremation. Cremated remains shall be placed in a plastic bag inside a rigid container provided by the crematory or by the next of kin for return to the funeral establishment or to the next of kin. If cremated remains are placed in a biodegradable container, a biodegradable bag shall be used. If placed in a container designed for scattering, the cremated remains may be placed directly into the container if the next of kin so authorized in writing.
The identification of the decedent shall be physically attached to the remains, and appropriate identification placed on the exterior of the cremation container. The crematory operator shall verify the identification on the remains with the identification attached to the cremation container and with the identification attached to the cremation authorization. The crematory operator shall also verify the identification of the cremains and place evidence of such verification in the cremation record.

D. Recordkeeping. A crematory shall maintain the records of cremation for a period of three years from the date of the cremation that indicate the name of the decedent, the date and time of the receipt of the body, and the date and time of the cremation and shall include:

The cremation authorization form signed by the person authorized by law to dispose of the remains and the form on which the next of kin or the person authorized by § 54.1-2818.1 of the Code of Virginia to make the identification has made a visual identification of the deceased or evidence of positive identification if visual identification is not feasible;
The permission form from the medical examiner;
The DEQ permit number of the retort used for the cremation and the name of the retort operator; and
The form verifying the release of the cremains, including date and time of release, the name of the person and the entity to whom the cremains were released, and the name of the decedent.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2803 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 20, eff. July 8, 2009; amended, Virginia Register Volume 27, Issue 18, eff. June 8, 2011; Volume 29, Issue 25, eff. September 26, 2013; Volume 30, Issue 22, eff. July 30, 2014; Volume 32, Issue 6, eff. December 16, 2015; Volume 32, Issue 6, eff. January 15, 2016; Volume 37, Issue 12, eff. March 3, 2021.

Part V Issuance of Courtesy Cards

18VAC65-20-440 Courtesy cards

A. An out-of-state person applying for a courtesy card pursuant to § 54.1-2801 B of the Code of Virginia shall hold a valid license for funeral service, funeral directing, or embalming in another state, territory, or the District of Columbia.

B. An applicant for a courtesy card shall submit:

A completed application and prescribed fee; and
Verification of current, unrestricted licensure for funeral service , funeral directing, or embalming from the licensing authorities in the states in which the courtesy card holder is licensed to practice.

C. The holder of a Virginia courtesy card shall only engage in the practice for which he is currently licensed in another jurisdiction. The privilege to practice shall not include the right to establish or engage generally in the business of funeral directing and embalming in Virginia.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2803 of the Code of Virginia.
Historical Notes: Derived from VR320-01-2 § 8.1, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 20, Issue 8, eff. January 28, 2004; Volume 24, Issue 24, eff. September 3, 2008; Volume 37, Issue 12, eff. March 3, 2021.

18VAC65-20-450 (Repealed.)

Historical Notes

Derived from VR320-01-2 §§ 8.2 to 8.5 and 9.1, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; repealed, Virginia Register Volume 15, Issue 7, eff. January 20, 1999.

Part VI Refusal, Suspension, Revocation, and Disciplinary Action

18VAC65-20-500 Disciplinary action

In accordance with the provisions of § 54.1-2806 of the Code of Virginia, the following practices are considered unprofessional conduct and may subject the licensee to disciplinary action by the board:

Breach of confidence. The unnecessary or unwarranted disclosure of confidences by the funeral licensee.
Unfair competition.

a. Interference by a funeral service licensee, funeral director, or registered surface transportation and removal service when another has been called to take charge of a dead human body and the caller or agent of the caller has the legal right to the body's disposition.

b. Consent by a funeral service licensee or funeral director to take charge of a body unless authorized by the person or his agent having the legal right to disposition.

False advertising.

a. No licensee or registrant shall make, publish, disseminate, circulate, or place before the public, or cause directly or indirectly to be made, an advertisement of any sort regarding services or anything so offered to the public that contains any promise, assertion, representation, or statement of fact which is untrue, deceptive, or misleading.

b. The following practices, both written and verbal, shall constitute false, deceptive, or misleading advertisement within the meaning of subdivision 4 of § 54.1-2806 of the Code of Virginia:

(1) Advertising containing inaccurate statements; and

(2) Advertisement that gives a false impression as to ability, care, and cost of conducting a funeral, or that creates an impression of things not likely to be true.

c. The following practices are among those that shall constitute an untrue, deceptive, and misleading representation or statement of fact:

(1) Representing that funeral goods or services will delay the natural decomposition of human remains for a long term or indefinite time; and

(2) Representing that funeral goods have protective features or will protect the body from gravesite substances over or beyond that offered by the written warranty of the manufacturer.

Inappropriate handling and storage of dead human bodies, consistent with § 54.1-2811.1 of the Code of Virginia and regulations of the board. Transportation and removal vehicles shall be of such nature as to eliminate exposure of the deceased to the public during transportation. During the transporting of a human body, consideration shall be taken to avoid unnecessary delays or stops during travel.
Failure to furnish price information disclosing the cost to the purchaser for each of the specific funeral goods and funeral services used in connection with the disposition of deceased human bodies.
Conducting the practice of funeral services, funeral directing, or embalming in such a manner as to constitute a danger to the health, safety, and well-being of the staff or the public.
Inability to practice with skill or safety because of physical, mental, or emotional illness, or substance abuse.
Failure to register as a supervisor for an intern or failure to provide reports to the board as required by the Code of Virginia and 18VAC65-40-320.
Failure to comply with applicable federal and state laws and regulations, including requirements for continuing education.
Inappropriate sexual contact between a supervisor and a funeral service intern if the sexual contact is a result of the exploitation of trust, knowledge, or influence derived from the professional relationship or if the contact has had or is likely to have an adverse effect on the practice of funeral services or on intern training.
Conducting activities or performing services that are outside the scope of a licensee's practice or for which the licensee is not trained and individually competent.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR320-01-2 § 10.1, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 19, Issue 19, eff. July 2, 2003; Volume 22, Issue 21, eff. July 26, 2006; Volume 24, Issue 24, eff. September 3, 2008; Volume 26, Issue 26, eff. September 29, 2010; Volume 39, Issue 6, eff. December 7, 2022.

Part VII Standards for Embalming and Refrigeration

18VAC65-20-510 Embalming

A. In accordance with the provisions of subdivision 26 of § 54.1-2806 and subsection B of § 54.1-2811.1 of the Code of Virginia, express permission by a next of kin for embalming means written authorization to embalm as a specific and separate statement on a document or contract provided by the funeral establishment. Express permission may include direct, verbal authorization to embalm, provided it is followed as soon as possible by a written document or statement signed by the next of kin confirming the verbal authorization to embalm and including the time, date, and name of the person who gave verbal authorization.

B. Every funeral establishment shall record and maintain a separate, identifiable report for each embalming procedure conducted, which shall at a minimum include the following information:

The name of the deceased and the date of death;
The date and location of the embalming;
The name and signature of the embalmer and the Virginia license number of the embalmer;
If the embalming was performed by a funeral service intern, the name and signature of the supervisor; and
The name of each student and the signature of the supervisor of any mortuary science student who assisted in the embalming.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2803 of the Code of Virginia.
Historical Notes: Derived from VR320-01-2 § 11.1, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 24, Issue 24, eff. September 3, 2008; Volume 35, Issue 7, eff. December 26, 2018; Volume 37, Issue 12, eff. March 3, 2021.

18VAC65-20-520 (Repealed.)

Historical Notes

Derived from VR320-01-2 § 11.2, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; repealed, Virginia Register Volume 15, Issue 7, eff. January 20, 1999.

18VAC65-20-530 (Repealed.)

History

Historical Notes: Derived from VR320-01-2 § 11.3, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; repealed, Virginia Register Volume 26, Issue 26, eff. September 29, 2010.

18VAC65-20-540 Preparation room requirements

A. A funeral service establishment shall have at least one room used exclusively for embalming or preparation of the body for burial, transportation, or other disposition.

B. The following are required of a preparation room:

The walls shall extend floor to ceiling;
The floor and wall surfaces shall be of a material or covered by a material impervious to water; and
The material shall extend from wall to wall with all joints tight and sanitary.

C. All functions connected with embalming shall be performed within the preparation room.

D. A funeral service establishment with more than one location at which it performs funeral services shall not be required to maintain more than one preparation room.

History

Statutory Authority: § 54.1-2400 and Chapter 28 (§ 54.1-2800 et seq.) of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from VR320-01-2 § 11.4, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 42, Issue 21, eff. July 16, 2026.

18VAC65-20-550 (Repealed.)

Historical Notes

Derived from VR320-01-2 §§ 11.5 and 11.6, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; repealed, Virginia Register Volume 15, Issue 7, eff. January 20, 1999.

18VAC65-20-570 Condition of preparation room

A. The preparation room or rooms shall be kept in a clean and sanitary condition at all times, subject to inspection.

B. Inventories of embalming and preparation materials shall be stored in a container and in a manner that makes them impervious to water and protects them from contamination.

C. Any items or supplies not directly used in an embalming procedure shall not be stored in the preparation room.

History

Statutory Authority: § 54.1-2400 and Chapter 28 (§ 54.1-2800 et seq.) of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from VR320-01-2 § 11.7, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; Volume 20, Issue 8, eff. January 28, 2004; Errata 20:10 VA.R. 1060 January 26, 2004.

18VAC65-20-580 Preparation room equipment

A. The preparation room shall be equipped with:

A ventilation system that operates and is appropriate to the size and function of the room;
Running hot and cold water;
Flush or slop sink connected with public sewer or with septic tank where no public sewer is available;
Metal, fiberglass, or porcelain morgue table;
Covered waste container;
Instruments and apparatus for the embalming process;
A means or method for the sterilization or disinfection of reusable instruments by chemical bath or soak, autoclave (steam), or ultraviolet light;
Disinfectants and antiseptic solutions;
Clean gowns or aprons, preferably impervious to water;
Rubber gloves for each individual using the room;
An electric aspirator or hydroaspirator equipped with a vacuum breaker;
An eye wash station that is readily accessible; and
A standard first aid kit that is immediately accessible either in the preparation room or outside the door to the preparation room.

B. A funeral service establishment at which no embalming of dead human bodies is performed is not required to maintain embalming supplies or equip the preparation room with the items in subdivision A 6 of this section.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2803 of the Code of Virginia.
Historical Notes: Derived from VR320-01-2 § 11.8, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 20, Issue 8, eff. January 28, 2004; Volume 22, Issue 21, eff. July 26, 2006; Volume 29, Issue 25, eff. September 26, 2013; Volume 37, Issue 12, eff. March 3, 2021; Volume 42, Issue 21, eff. July 16, 2026.

18VAC65-20-581 Refrigeration requirements

A. If a dead human body is to be in the possession of a funeral establishment or crematory for more than 48 hours from the time the funeral establishment or crematory takes physical possession of the body until embalming, cremation, or burial, the body shall be placed and maintained in refrigeration in a mechanical refrigeration unit suitable for storing human remains in accordance with subsection B of § 54.1-2811.1 of the Code of Virginia.

B. The mechanical refrigeration unit may be located in the funeral establishment or crematory, or the funeral establishment or crematory may enter into an agreement or contract with another funeral establishment, crematory, or other licensed entity for refrigeration in a mechanical refrigeration unit.

C. Evidence of compliance with the requirement for refrigeration shall be maintained as a log entry or other documentation indicating times of placement in and removal of a body from refrigeration.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2803 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 35, Issue 7, eff. December 26, 2018.

18VAC65-20-590 Disposal of waste materials

Disposal of all waste materials shall be in conformity with local, state, and federal law and regulations to avoid contagion and the possible spread of disease. Upon inspection, the establishment shall provide evidence of compliance, such as a copy of a contract with a medical waste disposal company.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2803 of the Code of Virginia.
Historical Notes: Derived from VR320-01-2 § 11.9, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 20, Issue 8, eff. January 28, 2004; Volume 24, Issue 24, eff. September 3, 2008.

18VAC65-20-600 (Repealed.)

Historical Notes

Derived from VR320-01-2 §§ 11.10 and 11.11, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; repealed, Virginia Register Volume 15, Issue 7, eff. January 20, 1999.

18VAC65-20-620 (Repealed.)

Historical Notes

Derived from VR320-01-2 § 12.1, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; repealed, Virginia Register Volume 15, Issue 7, eff. January 20, 1999.

Part VIII Pricing Standards and Forms

18VAC65-20-630 Disclosures

Funeral licensees shall make all required disclosures and provide accurate information from price lists pursuant to the rules of the Federal Trade Commission. Price lists shall comply with requirements of the FTC and shall contain the information included in:

APPENDIX I - General Price List;

APPENDIX II - Casket Price List, Outer Burial Container Price List; and

APPENDIX III - Itemized Statement of Funeral Goods and Services Selected.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR320-01-2 § 12.2, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 27, Issue 10, eff. March 3, 2011; Volume 39, Issue 6, eff. December 7, 2022.

18VAC65-20-640 (Repealed.)

Historical Notes

Derived from VR320-01-2 §§ 12.3 to 12.8, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; repealed, Virginia Register Volume 15, Issue 7, eff. January 20, 1999.

18VAC65-20-700 Retention of documents

A. The following retention schedule shall apply:

Price lists shall be retained for three years after the date on which they are no longer effective;
Itemized statements shall be retained for three years from the date on which the arrangements were made; and
Embalming reports shall be retained at the location of the embalming for three years after the date of the embalming.

B. The manager of record shall be responsible for retention and maintenance of all required documents.

C. Documents shall be maintained on the premises of the funeral establishment and made available for inspection.

D. In instances where the funeral establishment is sold, documents shall be transferred to the new owner, unless the existing firm is relocating to a new facility. The new owner shall retain transferred documents in accordance with the provisions of this section. When transferred documents include preneed contracts, the documents shall be retained and maintained in accordance with the provisions of the Code of Virginia and regulations of the board.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2803 of the Code of Virginia.
Historical Notes: Derived from VR320-01-2 § 13.1, eff. October 24, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 7, 1992; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 20, Issue 8, eff. January 28, 2004; Volume 24, Issue 24, eff. September 3, 2008; Volume 37, Issue 12, eff. March 3, 2021.

Chapter 30 Regulations for Preneed Funeral Planning

Part I General Information

18VAC65-30-10 Definitions

In addition to those defined in § 54.1-2800 of the Code of Virginia, the following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Appointee" means the individual selected by the contract beneficiary to arrange a preneed funeral plan on behalf of the contract beneficiary.

"Cash advance item" means any item of service or merchandise described to a purchaser as a "cash advance," "accommodation," "cash disbursement," or similar term. A cash advance item is also any item obtained from a third party and paid for by the funeral provider on the behalf of the contract buyer. Cash advance items may include cemetery or crematory services, pallbearers, public transportation, clergy honoraria, flowers, musicians or singers, nurses, obituary notices, gratuities, and death certificates.

"Consideration," "contract price," or "funds" means money, property, or any other thing of value provided to be compensation to a contract seller or contract provider for the funeral services and funeral goods to be performed or furnished under a preneed funeral contract. Consideration does not include late payment penalties and payments required to be made to a governmental agency at the time the contract is entered into.

"Contract" means a written, preneed funeral contract and all documents pertinent to the terms of the contract under which for consideration paid to a contract seller or a contract provider by or on behalf of a contract buyer prior to the death of the contract beneficiary, a person promises to furnish, make available, or provide funeral services or funeral goods after the death of a contract beneficiary.

"Contract beneficiary" means the individual for whom the funeral services and supplies are being arranged.

"Contract buyer" means the purchaser of the preneed contract.

"Contract provider" means the funeral establishment designated by the contract buyer and contracting with the contract buyer to provide for funeral services and supplies in the preneed funeral contract.

"Contract seller" means the funeral service licensee or funeral director who makes the preneed arrangements with the contract buyer for the funeral service and who makes the financial arrangements for the service and the goods and supplies to be provided.

"Designee" means the individual designated to make arrangements for burial or final disposition of the remains pursuant to § 54.1-2825 of the Code of Virginia.

"Funding source" means the trust agreement, insurance policy, annuity, personal property, or real estate used to fund the preneed plan.

"Funeral supplies and services" means the items of merchandise sold or offered for sale or lease to consumers that will be used in connection with a funeral or an alternative to a funeral or final disposition of human remains including caskets, combination units, and catafalques. Funeral goods does not mean land or interests in land, crypts, lawn crypts, mausoleum crypts, or niches that are sold by a cemetery that complies with Chapter 23.1 (§ 54.1-2310 et seq.) of Title 54.1 of the Code of Virginia. In addition, "funeral supplies and services" does not mean cemetery burial vaults or other outside containers, markers, monuments, urns, and merchandise items used for the purpose of memorializing a decedent and placed on or in proximity to a place of interment or entombment of a casket, catafalque, or vault or to a place of inurnment that are sold by a cemetery operating in accordance with Chapter 23.1 of Title 54.1 of the Code of Virginia.

"Guaranteed contract price" means (i) the amount paid by the contract buyer on a preneed funeral contract, and income derived from that amount, or (ii) the amount paid by a contract buyer for a life insurance policy or annuity as the funding source and its increasing death benefit. These amounts shall be accepted as payment in full for the preselected funeral goods and services.

"Income" means the amount of gain received in a period of time from investment of consideration paid for a preneed contract.

"Nonguaranteed contract price" means the costs of items on a preneed funeral contract that are not fixed for the specified funeral goods or funeral services selected and nonguaranteed costs may increase from the date of the contract to the death of the contract beneficiary and the family or estate will be responsible for paying at the time of need for the services and supplies that were nonguaranteed. Cash advance items are not guaranteed.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR320-01-3 § 1.1, eff. March 1, 1991; amended, Virginia Register Volume 9, Issue 22, eff. August 25, 1993; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 19, Issue 10, eff. February 26, 2003; Volume 39, Issue 6, eff. December 7, 2022.

18VAC65-30-20 (Repealed.)

Historical Notes

Derived from VR320-01-3 §§ 1.2 and 1.3, eff. March 1, 1991; amended, Virginia Register Volume 9, Issue 22, eff. August 25, 1993; Volume 11, Issue 14, eff. May 3, 1995; repealed, Virginia Register Volume 15, Issue 7, eff. January 20, 1999.

18VAC65-30-40 (Repealed.)

Historical Notes

Derived from VR320-01-3 § 2.1, eff. March 1, 1991; amended, Virginia Register Volume 9, Issue 22, eff. August 25, 1993; Volume 11, Issue 14, eff. May 3, 1995; repealed, Virginia Register Volume 15, Issue 7, eff. January 20, 1999.

Part II Sale of Preneed Plans

18VAC65-30-50 Solicitation

A. In accordance with provisions of § 54.1-2806 of the Code of Virginia, a licensee shall not initiate any preneed solicitation using in-person communication by the licensee or his agents, assistants, or employees.

B. After a request to discuss preneed planning is initiated by the contract buyer or interested consumer, any contact and in-person communication shall take place only with a funeral service licensee or a licensed funeral director. Funeral interns shall not engage in preneed planning or sales.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR320-01-3 § 2.2, eff. March 1, 1991; amended, Virginia Register Volume 9, Issue 22, eff. August 25, 1993; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 20, Issue 21, eff. July 28, 2004; Volume 39, Issue 6, eff. December 7, 2022.

Part III Operational Responsibilities

18VAC65-30-60 Records; general

A. A licensee shall keep accurate accounts, books, and records of all transactions required by this chapter.

B. Preneed contracts and reporting documents shall be retained on the premises of the establishment for three years after the death of the contract beneficiary.

C. A funeral home shall keep on file a written verification from the insurance company that the insurance or annuity contract complies with § 54.1-2820 C of the Code of Virginia.

D. All preneed records shall be available for inspection by the Department of Health Professions.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2803 of the Code of Virginia.
Historical Notes: Derived from VR320-01-3 § 3.1, eff. March 1, 1991; amended, Virginia Register Volume 9, Issue 22, eff. August 25, 1993; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 29, Issue 6, eff. December 19, 2012; Volume 37, Issue 12, eff. March 3, 2021.

18VAC65-30-70 Record reporting

A. A contract provider shall keep a chronological or an alphabetical listing of all preneed contracts. The listing shall include the following:

Name of contract buyer;
Name of contract beneficiary;
Date of contract;
How contract was funded, where the contract is funded, and where the funds are maintained;
Whether up to 10% of funds are retained by the contract provider for contracts funded through trust; and
Whether funeral goods and supplies are stored for the contract buyer.

B. A contract provider that discontinues its business operations, whether by closure or change of ownership, shall notify the board and each existing contract buyer in writing in accordance with the following provisions:

A contract provider that discontinues its business operations by closure shall:

a. Provide to the board a current list of preneed contracts at the time of closure; and

b. Notify each existing contract buyer in writing prior to closure and include a statement in the notification regarding the contract buyer's right to change the contract provider at any time prior to at-need.

If a contract provider changes ownership and the new establishment intends to honor existing contracts, the new establishment shall provide notice of the change of ownership and intent to honor existing contracts in a publication of general circulation in the locality where the establishment is located within 90 days after the change in ownership.
If a contract provider changes ownership and the new establishment does not intend to honor existing contracts, notification shall be provided to each existing contract buyer in writing within 90 days after the change in ownership. The notice shall include a statement regarding the contract buyer's right to change the contract provider at any time prior to at-need.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2803 of the Code of Virginia.
Historical Notes: Derived from VR320-01-3 § 3.2, eff. March 1, 1991; amended, Virginia Register Volume 9, Issue 22, eff. August 25, 1993; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 29, Issue 25, eff. September 26, 2013; Volume 37, Issue 12, eff. March 3, 2021.

Part IV Contract

18VAC65-30-80 Content and format

A. A person residing or doing business within the Commonwealth shall not make, either directly or indirectly by any means, a preneed contract unless the contract buyer has been given in writing all information and disclosures required by law and regulation.

B. In addition to requirements of § 54.1-2820 of the Code of Virginia, the contract shall contain the following:

The date of the contract;
Whether or not the price of the supplies and services purchased is guaranteed;
The appointee agreement when applicable; and
Signatures of the contract seller and the contract buyer.

C. If an appointee agreement has been signed, it shall be attached to the preneed contract as a valid part of the contract.

History

Statutory Authority: §§ 54.1-2400, 54.1-2803, and 54.1-2820 of the Code of Virginia.
Historical Notes: Derived from VR320-01-3 § 4.1, eff. March 1, 1991; amended, Virginia Register Volume 9, Issue 22, eff. August 25, 1993; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 19, Issue 10, eff. February 26, 2003.

Part V Disclosures

18VAC65-30-90 Disclosures

A. At the time of the inquiry, licensees shall furnish to each person inquiring about preneed arrangements a copy of the general price list and preneed disclosure questions and answers.

B. Immediately upon concluding the arrangement conference, licensees shall furnish to each person who makes a preneed arrangement a copy of the preneed contract and funding contract. Licensees shall receive a written acknowledgment from the contract buyer that the buyer has received a copy of the general price list and preneed disclosure questions and answers.

C. An itemized statement of funeral goods and services shall be given at the time of need even if the arrangements were made through a preneed contract.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2803 of the Code of Virginia.
Historical Notes: Derived from VR320-01-3 § 5.1, eff. March 1, 1991; amended, Virginia Register Volume 9, Issue 22, eff. August 25, 1993; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 37, Issue 12, eff. March 3, 2021.

Part VI Funding

18VAC65-30-100 Finance charges prohibited

A licensee shall not charge finance charges on a preneed arrangement.

History

Statutory Authority: §§ 54.1-2400, 54.1-2803(10) and 54.1-2820 of the Code of Virginia.
Historical Notes: Derived from VR320-01-3 § 6.1, eff. March 1, 1991; amended, Virginia Register Volume 9, Issue 22, eff. August 25, 1993; Volume 11, Issue 14, eff. May 3, 1995.

18VAC65-30-110 Cancellation or transfer of contract

A. Any person who makes payment under this contract may terminate the agreement at any time prior to the time for which the services or supplies are furnished.

B. If the contract buyer terminates the contract within 30 days of the execution of the contract, the contract buyer shall be refunded all consideration paid or delivered and any interest or income accrued on it.

C. If the contract buyer uses a revocable trust as the funding source and terminates the contract after 30 days of the execution of the contract, the contract buyer shall be refunded:

All consideration paid or delivered on nonguaranteed items;
At least 90% of all consideration paid for guaranteed items; and
All interest or income accrued on it.

D. If the contract buyer uses an irrevocable trust as the funding source, the contract buyer is not able to cancel the trust after 30 days following its execution except in accordance with §§ 64.2-729 and 64.2-730 of the Code of Virginia.

E. The contract buyer shall have the right to change the contract provider and the trustee at any time prior to the furnishing of the services or supplies contracted for under the preneed contract.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2803 of the Code of Virginia.
Historical Notes: Derived from VR320-01-3 § 6.2, eff. March 1, 1991; amended, Virginia Register Volume 9, Issue 22, eff. August 25, 1993; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 29, Issue 3, eff. November 23, 2012; Volume 37, Issue 12, eff. March 3, 2021.

18VAC65-30-120 Escrow account

Within five banking days after the day of receipt of any money from the contract buyer and until the time the money is invested in a trust, life insurance, or annuity policy, the contract seller or the contract provider shall deposit the money into an escrow account in a bank or savings institution approved to do business in the Commonwealth.

History

Statutory Authority: §§ 54.1-2400, 54.1-2803 and 54.1-2820 of the Code of Virginia.
Historical Notes: Derived from VR320-01-3 § 6.3, eff. March 1, 1991; amended, Virginia Register Volume 9, Issue 22, eff. August 25, 1993; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999.

18VAC65-30-130 Real estate

When the consideration consists in whole or in part of any real estate, the following shall occur:

The preneed contract shall be recorded as an attachment to the deed whereby the real estate is conveyed; and
The deed shall be recorded in the clerk's office in the circuit court of the city or county in which the real estate being conveyed is located.

History

Statutory Authority: §§ 54.1-2400, 54.1-2803(10) and 54.1-2820 of the Code of Virginia.
Historical Notes: Derived from VR320-01-3 § 6.4, eff. March 1, 1991; amended, Virginia Register Volume 9, Issue 22, eff. August 25, 1993; Volume 11, Issue 14, eff. May 3, 1995.

18VAC65-30-140 Personal property

When the consideration consists in whole or in part of any personal property, the following shall occur:

Personal property shall be transferred by:

a. Actual delivery of the personal property; or

b. Transfer of the title to the personal property.

Within 30 days of receiving the personal property or the title to the personal property, the licensee or person delivering the property shall:

a. Execute a written declaration of trust setting forth the terms, conditions, and considerations upon which the personal property is delivered; and

b. Record the trust agreement in the clerk's office of the circuit court of the locality in which the person delivering the property is living; or

c. Record the preneed contract in the clerk's office of the circuit court of the locality in which the person delivering the property or trust agreement is living provided that the preneed contract sets forth the terms, conditions, and considerations of the trust.

History

Statutory Authority: §§ 54.1-2400, 54.1-2803 and 54.1-2820 of the Code of Virginia.
Historical Notes: Derived from VR320-01-3 § 6.5, eff. March 1, 1991; amended, Virginia Register Volume 9, Issue 22, eff. August 25, 1993; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999.

18VAC65-30-150 (Repealed.)

Historical Notes

Derived from VR320-01-3 §§ 6.6 and 6.7, eff. March 1, 1991; amended, Virginia Register Volume 9, Issue 22, eff. August 25, 1993; Volume 11, Issue 14, eff. May 3, 1995; repealed, Virginia Register Volume 15, Issue 7, eff. January 20, 1999.

18VAC65-30-170 Trust accounts

If funds are to be trusted, the trust account is to be established according to provisions of §§ 54.1-2822 and 54.1-2824 of the Code of Virginia and the following information shall be disclosed in writing to the contract buyer:

The amount to be trusted;
The name of the trustee;
The disposition of the interest;
The fees, expenses, and taxes which may be deducted from the interest;
Whether up to 10% is retained by the contract provider; and
A statement of the contract buyer's responsibility for taxes owed on the interest.

History

Statutory Authority: §§ 54.1-2400, 54.1-2803 and 54.1-2820 of the Code of Virginia.
Historical Notes: Derived from VR320-01-3 § 6.8, eff. March 1, 1991; amended, Virginia Register Volume 9, Issue 22, eff. August 25, 1993; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999.

18VAC65-30-180 Life insurance or annuity

If a life insurance or annuity policy is used to fund the preneed funeral contract, the contract shall be in compliance with provisions of §§ 38.2-3100.3 and 54.1-2820 C of the Code of Virginia and shall contain the following information:

Name of the contract provider;
Name and funeral license number of contract seller;
Place of employment of contract seller;
Name of insurance agent and agent's insurance license number;
Insurance agent's employer and insurance company represented by insurance agent; and
Identification as to whether the insurance agent is a funeral service licensee and, if so, the funeral service license number.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2803 of the Code of Virginia.
Historical Notes: Derived from VR320-01-3 § 6.9, eff. March 1, 1991; amended, Virginia Register Volume 9, Issue 22, eff. August 25, 1993; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 25, Issue 17, eff. July 1, 2009; Volume 37, Issue 12, eff. March 3, 2021.

18VAC65-30-190 (Repealed.)

Historical Notes

Derived from VR320-01-3 § 7.1, eff. March 1, 1991; amended, Virginia Register Volume 9, Issue 22, eff. August 25, 1993; Volume 11, Issue 14, eff. May 3, 1995; repealed, Virginia Register Volume 15, Issue 7, eff. January 20, 1999.

Part VII Supplies and Services

18VAC65-30-200 Supplies and services

A. If the contract seller will not be responsible for furnishing the supplies and services to the contract buyer, the contract seller shall attach to the preneed funeral contract a copy of the contract seller's agreement with the contract provider.

B. If any funeral supplies are sold and delivered to the contract provider prior to the death of the contract beneficiary, the risk of loss or damage shall be upon the contract provider during such period of storage.

C. If the particular supplies and services specified in the contract are unavailable at the time of delivery, the contract provider shall be required to furnish supplies and services similar in style and at least equal in quality of material and workmanship. The representative of the deceased shall have the right to choose the supplies or services to be substituted.

History

Statutory Authority: §§ 54.1-2400, 54.1-2803 and 54.1-2820 of the Code of Virginia.
Historical Notes: Derived from VR320-01-3 § 8.1, eff. March 1, 1991; amended, Virginia Register Volume 9, Issue 22, eff. August 25, 1993; Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999.

18VAC65-30-210 (Repealed.)

Historical Notes

Derived from VR320-01-3 § 9.1, eff. March 1, 1991; amended, Virginia Register Volume 9, Issue 22, eff. August 25, 1993; Volume 11, Issue 14, eff. May 3, 1995; repealed, Virginia Register Volume 15, Issue 7, eff. January 20, 1999.

Part VIII Required Content of Contracts and Disclosures

18VAC65-30-220 Content of preneed contracts

The following information shall be contained in any contract for preneed funeral planning.

Date: ______________________________

Contract: ______________________________

PRENEED FUNERAL CONTRACT

for

(Name of Recipient of Services)

__________________________ (Zip)________

I. SUPPLIES AND SERVICES PURCHASED

If goods and services are guaranteed and your contract is fully paid or funded at the time of your death, no additional cost will incur for your family or estate even though the actual prices of goods and services may increase between the date of this contract and the time of need. (Please see the disclosure document.)

If goods and services are nonguaranteed, your family or estate may incur additional costs for goods and services as the prices for these items may increase from the date of the contract to the time of need.

Cash advance items are not guaranteed. A cash advance item is any item obtained from a third party by the funeral home on your behalf. Cash advance items may include cemetery or crematory services, pall bearers, public transportation, clergy honoraria, flowers, musicians or singers, nurses, obituary notices, gratuities, and death certificates.

Charges are only for those items that you selected or that are required. If we are required by law or by a cemetery or crematory to use an item, we will explain the reasons in writing below. If you selected a funeral that may require embalming, such as a funeral with a viewing, you may have to pay for embalming. You do not have to pay for embalming you did not select if you select arrangements such as a direct cremation or immediate burial.

| Guaranteed Services Purchased | | | --- | --- | | I. BASIC SERVICES OF FUNERAL DIRECTOR AND STAFF | $_________ | | II. FUNERAL HOME FACILITIES | | | A. Facilities and Staff for visitation/viewing | $_________ | | B. Facilities and Staff for funeral ceremony | $_________ | | C. Facilities and Staff for memorial service | $_________ | | D. Equipment and Staff for graveside service | $_________ | | (NOTE TO FUNERAL HOME: If you have additional charges such as facilities and staff for home/church viewing, or a charge for additional staff person or through calculation of manhours, etc., add here as extra items. If you have a charge for equipment for interment, add here.) | | | III. EMBALMING | | | A. Normal remains | $_________ | | B. Autopsy remains | $_________ | | IV. OTHER PREPARATION OF THE BODY | $_________ | | (NOTE: List all items that you placed under Other Preparation on your General Price List.) | | | V. IMMEDIATE BURIAL | $_________ | | VI. DIRECT CREMATION | $_________ | | VII. TRANSFER OF REMAINS TO FUNERAL ESTABLISHMENT | $_________ | | VIII. FORWARDING REMAINS TO ANOTHER FUNERAL HOME | $_________ | | IX. RECEIVING REMAINS FROM ANOTHER FUNERAL HOME | $_________ | | X. AUTOMOTIVE EQUIPMENT | | | A. Hearse | $_________ | | B. Limousine | $_________ | | (NOTE: List all others that you placed on General Price List.) | | | XI. FUNERAL MERCHANDISE | | | A. Casket (*describe) | | | _________________________________ | | | _________________________________ | $_________ | | B. Outer Burial Container (*describe) | | | _________________________________ | | | _________________________________ | $_________ | | C. List any others | | | _________________________________ | $_________ | | Supplies Purchased | | | Clothing | $_________ | | Temporary marker | $_________ | | Acknowledgment cards | $_________ | | Register/attendance books | $_________ | | Memorial folders | $_________ | | Other | $_________ | | SUBTOTAL COSTS OF (GUARANTEED) SUPPLIES PURCHASED: | $_________ | | XII. PACKAGE PRICES | | | (NOTE: List all package prices by name.) | | | SUBTOTAL COSTS OF (GUARANTEED) SUPPLIES PURCHASED: | $_________ | | Nonguaranteed Goods and Services Purchased | | | The actual prices of goods and services below are NOT GUARANTEED. These items may include obituary notices, death certificates, cemetery fees, flowers, sales tax, etc. The prices are estimated and the estimates will be included in the Grand Total Contract Price. The differences between the estimated prices below and the actual cost will be settled with your family or estate at the time of need: | | | SUBTOTAL ESTIMATED COSTS OF NONGUARANTEED ITEMS: | $________ | | GRAND TOTAL FOR PRENEED ARRANGEMENTS | | | 1. Total cost of (guaranteed) services purchased | $_________ | | 2. Total cost of (guaranteed) supplies purchased | $_________ | | 3. Total estimated cost of nonguaranteed items | $_________ | | GRAND TOTAL | $_________ | | The only warranties, express or implied, granted in connection with the goods sold in this preneed funeral contract, are the express written warranties, if any, extended by the manufacturers thereof. No other warranties and no warranties of MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE are extended by the (funeral home) ____________________. | | | GENERAL INFORMATION | | | In order that the Buyer may understand the relationship of all parties involved in this preneed arrangement and contract, the following is provided: | | | A. Buyer: | | | B. Funeral Home Providing Services: | | | C. Contract seller: | | | Employed by: (Funeral Home) | | | Virginia Funeral Director or Funeral Service Licensee License Number: | |

II. METHOD OF FUNDING

A. Trust.

The following information will be given if a trust is used to fund this agreement:

Amount to be trusted:
Name of trustee:
Disposition of Interest:
Fees, expenses, taxes deducted from earned interest:
Buyer's responsibility for taxes owned on interest:

B. Insurance or annuity contract.

The following information will be given if an insurance policy or annuity contract is used to fund this agreement:

Buyer:
Insurance Company:
Insurance Agent:

Employed by: (Insurance Company)

Licensed Funeral Director or Funeral Service Licensee in Virginia: ___yes ___no

Funeral Director or Funeral Service Licensee License Number (If Applicable):

Employed by Funeral Home (If Applicable):

The life insurance or annuity contract provides that the face amount of any life insurance policy issued to fund a preneed funeral contract shall not be decreased over the life of the life insurance policy except for life insurance policies that have lapsed due to the nonpayment of premiums or have gone to a nonforfeiture option that lowers the face amount as allowed for in the provisions of the policy.

III. CONSUMER INFORMATION

The Board of Funeral Directors and Embalmers is authorized by Chapter 28 (§ 54.1-2800 et seq.) of Title 54.1 of the Code of Virginia to regulate the practice of preneed funeral planning. Consumer complaints should be directed to:

The Board of Funeral Directors and Embalmers

9960 Mayland Drive, Suite 300

Richmond, Virginia 23233

Telephone Number: (804) 367-4479

Toll Free Number for complaints: 1-800-533-1560

FAX: (804) 939-5973

Website: www.dhp.virginia.gov

IV. DISCLOSURES

The disclosure statements will be available for your review. The General Price List shall be furnished to you by the contract seller. These contain information that you must receive by law and/or the authority of the Board of Funeral Directors and Embalmers. You are entitled to receive all information in clear and simple language including the language of the funding agreement for this preneed arrangement.

If any law, cemetery, or crematory requires the purchase of any of those items listed in Part I, the requirements will be explained in writing.

By signing this contract, buyer acknowledges availability of and opportunity to read a copy of all of the required documents.

By signing this contract, contract seller acknowledges that the General Price List and the required disclosures have been furnished to the contract buyer.

V. TERMINATION OF CONTRACT

This person who funds this contract through a trust agreement may terminate this preneed contract at any time prior to the furnishing of the services or supplies contracted for:

Within 30 days

If you terminate this preneed contract within 30 days of the date of this contract, you will be refunded all payments of whatever type you have made, plus any interest or income you may have earned.

More than 30 days

If you terminate this preneed contract more than 30 days after the date on this contract, you will be refunded whatever amount was required to be placed in a revocable trust fund, plus any interest or income it has earned.

Any person who funds this contract through a trust fund that is irrevocable or through an insurance/annuity policy or through the transfer of real estate/personal property may not be eligible for a refund.

VI. STATEMENT OF GUARANTEE

By signing this contract, (Funeral Home) __________ agrees to the statement checked below (check one):

______ Prefinancing guarantees that no additional payment will be required from the family or estate for guaranteed services and supplies provided the Grand Total of these arrangements is paid in full and the interest is allowed to accumulate in your account (see page ______ for Grand Total amount). Payment of the difference will be required for the nonguaranteed estimated items if they increase in price.

______ The prices for items under supplies and services are not guaranteed.

VII. AGREEMENT

In witness whereof, the Buyer and the Funeral Home have executed this contract, intending its terms to be in accordance with the Code of Virginia and any regulations implementing the Code. By signing this contract you acknowledge that you have been provided access to and the opportunity to read the Disclosure Statements.

| | | | | --- | --- | --- | | (Designee of Funeral Home) | | (Buyer) | | | | | | (Funeral Home) | | (Contract Date) |

VIII. PENALTIES OR RESTRICTIONS

The (funeral home) __________, has the following penalties or restrictions on the provisions of this contract.

(Insert geographic restrictions);
(Insert an explanation of the Funeral Home's inability to perform the request(s) of the Buyer);
(Insert a description of any other circumstances that apply);
(Insert information that if particular goods and services specified in the contract are unavailable at the time of need):

A. The funeral home shall be required to furnish supplies and services similar in style and at least equal in quality of material and workmanship; and

B. The representative of the deceased shall have the right to choose the supplies or services to be substituted.

IX. ADDENDUM TO PRENEED CONTRACT

APPOINTEE AGREEMENT

I appoint ____________________ of (address) _______________________ to assist with the preneed arrangements in my behalf. The relationship of my appointee to me is ____________________.

Contract Beneficiary: ____________________ Date: __________

I accept the request of (contract beneficiary) ____________________ to assist with his/her preneed arrangements.

Appointee: _________________________ Date: __________

The foregoing was acknowledged before me this __________ day of ______, 20

Notary: ____________________________

Date Commission Expires: __________

History

Statutory Authority: §§ 54.1-2400 and 54.1-2803 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 7, eff. January 20, 1999; amended, Virginia Register Volume 26, Issue 3, eff. November 11, 2009; Volume 37, Issue 12, eff. March 3, 2021; Volume 38, Issue 23, eff. August 3, 2022; Volume 42, Issue 22, eff. June 15, 2026.

18VAC65-30-230 Content of disclosure statements

The following disclosure statements shall be provided as a part of any contract used for preneed funeral planning:

We are required by law and/or the Virginia Board of Funeral Directors and Embalmers to provide access to and the opportunity for you to read the following information to assist you in preplanning. A question and answer format is used for clarity and includes the most commonly asked questions.

PRENEED CONTRACTS

-- Is there more than one type of preneed agreement?

Yes. Guaranteed contracts mean that the costs of certain individual items or the cost of the total package will never be more to your family or estate. Nonguaranteed contracts mean just the opposite. Nonguaranteed contracts mean costs may increase or decrease between the time of the agreement and the time of need. A preneed contract may have both guaranteed and nonguaranteed costs. (See the section entitled "General Funding Information" for more information on guaranteed and nonguaranteed costs.)

Contracts may be funded by insurance/annuity policies, trusts, or transfer of real estate/personal property.

-- What are my protections?

You should take your completed preneed contract home before you sign it and review it with your family or your legal advisor. You have a right to this review before you sign the contract or pay any money.

You should also read carefully the information in this disclosure statement. If you have any questions, contact the seller for more information or contact your legal advisor.

CANCELLATION

-- Can I cancel my preneed agreement if I change my mind? Will I get my money back?

You may cancel payment for supplies or services within 30 days after signing the agreement. If you funded your preneed arrangement through a trust (revocable or irrevocable), the contract seller will refund all the money you have paid plus any interest or income you have earned.

If you funded your preneed arrangement through a revocable trust and you cancel the preneed contract AFTER the 30-day deadline, you will be refunded all of your money on the items that are not guaranteed and 90% of all your money on the items that are guaranteed. You will also receive any interest or income on that amount. A revocable trust is a trust that you can cancel.

There may be a penalty to withdraw money from a revocable trust account which has already been established in your name. If there is, your contract will give you this information. (See the first question under the section entitled "Payment" below.)

If you have funded your preneed arrangement through an irrevocable trust, you will not be able to cancel the trust agreement or receive a refund after 30 days following the signing of the agreement except in accordance with §§ 64.2-729 and 64.2-730 of the Code of Virginia.

If you funded your preneed arrangement through an insurance policy/annuity contract which will be used at the time of your death to purchase the supplies and services you have selected, you will need to pay careful attention to the cancellation terms and conditions of the policy. You may not be eligible for a refund.

PAYMENT

-- What happens to my money after the contract is signed?

Your money will be handled in one of several ways. It may be deposited in a separate trust account in your name. The trust account will list a trustee who will be responsible for handling your account. The funeral home you have selected as your beneficiary will also be listed. You have the right to change the funeral home and the trustee of your account prior to receiving the supplies and services under the preneed contract.

Your money may be used to purchase a preneed life insurance policy which may be used to pay for your arrangements upon your death. The proceeds of the policy will be assigned to the funeral home of your choice. You may change the funeral home assignment at any time prior to receiving the supplies and services under the preneed contract.

You may decide to choose a life insurance policy or a trust account that requires regular premium payments and not have to make an up-front, lump sum payment.

-- May I pay for goods and services with real estate or personal property?

Yes. When you pay for these supplies and services in whole or in part with any real estate you may own, the preneed contract that you sign will be attached to the deed on the real estate and the deed will be recorded in the clerk's office of the circuit court in the city or county where the real estate is located.

If you pay for goods and services with personal property other than cash or real estate, the contract seller will declare in writing that the property will be placed in a trust until the time of your death and will give you written information on all the terms, conditions, and considerations surrounding the trust. The contract seller will confirm in writing that he has received property.

You may decide not to transfer the title of the personal property to the contract seller of your preneed contract. In this situation, you will have to submit information to the contract seller in writing that you are giving him the property without a title, and describe the property and where it will be kept until the time of your death.

In either case, the written statements will be recorded in the clerk's office of the circuit court of the city or county in which you live. The written statement does not have to be a separate document.

GENERAL FUNDING INFORMATION

-- If the prices of the goods and services are affected by inflation between now and my death, will the funding I choose be adjusted accordingly?

There is a possibility that the funding may fail to keep up with inflation. This could mean that the funding you choose may not have enough value to cover all expenses at the time of need.

-- What happens if my funding is not enough to cover the full cost of these arrangements?

If the entire funeral or specific items in the agreement are guaranteed by the contract seller, your family or estate will not have to pay any more for those items provided that you have paid the grand total in full and all interest earned is allowed to accumulate in your account. However, if you have not paid the account in full and have not allowed the interest to accumulate in the account and any items increase in price, your family or estate would be responsible for the extra amount if the funds are not sufficient. In some situations where you pay toward your funding with regular premiums rather than in one lump sum, your account may not be enough at the time of your death to cover everything.

-- What happens to the extra money if my funding is more than what is needed to pay for these arrangements?

Sometimes, as explained in the answer above, your funding account may not have had the time to grow sufficiently before your death to cover items which are guaranteed in price to you, yet have increased in price for the funeral home.

After funeral expenses are paid, there may be money left over. Because of the ongoing risk that a funeral home takes in guaranteeing prices for you, the funeral home may not be required to return this excess money.

Some funding agreements and funeral homes, however, require that extra money be returned to the estate or family. Others do not. You should obtain information concerning this in writing before signing the preneed contract.

The answers to the following questions will depend upon the terms and conditions of the individual's funding and preneed agreements.

Please review your preneed contract and/or funding agreement for answers to these questions.

-- What happens to my preneed contract if I change my assignment from one funeral home to another?

(Funeral home shall place answer here)

-- What happens to my preneed contract if I change the beneficiary of my funding or the use of my proceeds from the funding?

If you make such changes, it could void your contract. You should request specific information from the contract seller and the funding arrangement.

-- What will happen to my preneed contract if I fail to make agreed to premium payments to my funding source?

(Funeral home shall place answer here)

-- Do I get any money back if I surrender or cancel my funding arrangements?

(Funeral home shall place answer here)

-- What happens if the funeral home closes? Will I be able to transfer my contract to another funeral home?

You have the right to change the funeral home (contract provider) at any time prior to receiving services or supplies under the preneed contract. A funeral home is required to notify you in writing if it closes or is sold to a buyer that does not intend to honor your preneed contract.

TRUST ACCOUNT

-- If my money goes into a trust account, what information will I receive about that account?

If you want your money to go into a trust fund, the trust agreement must furnish you with information about the amount to be deposited into the account, the name of the trustee, information about what happens to the interest your trust account will earn, and information about your responsibility to file and pay taxes on that interest.

If there are filing expenses connected with your trust account, you will be notified what the expenses are and whether you or the contract seller is the responsible party for paying those.

-- What happens to the interest earned by the trust?

The interest earned by the trust may be handled in different ways by different trust arrangements. The interest may have to go back into your account if items on your contract are guaranteed. You may be responsible for reporting that interest to the Internal Revenue Service and paying taxes on it. You will be responsible to pay any taxes on the interest earned even if you cancel your trust account.

Some trust accounts cannot be cancelled.

There may be special fees deducted from your interest. However, you may still be responsible for paying taxes on the entire amount of interest earned before the fees were deducted. Please ask your contract seller for a written list of any fees so you will have a clear understanding about them before you sign the contract.

-- If I pay my trust in premium payments, what happens if I die before the grand total of the funeral has been placed in trust?

(Funeral home shall place answer here)

CLAIMS AGAINST THIS CONTRACT

-- Can someone to whom I owe money make a claim against the money, personal property, or real estate that I have used to pay for this contract?

No. This money or property cannot be used to settle a debt, a bankruptcy, or resolve a claim. These funds cannot be garnished.

-- Can the money or property be taxed?

No. Currently, interest earned on the money you deposit in a trust, savings account, or the value of the property you used for payment can be taxed but not the original amount which you invested. Interest earned on annuities is generally deferred until withdrawal.

GENERAL GOODS AND SERVICES

-- If I choose goods and services that might not be available at the time of my death, what is the provider required to do?

The funeral home that you select is required to furnish supplies and services that are similar in style and equal in value and quality if what you choose is no longer made or is not available at the time of your death.

Your representative or next-of-kin will have the right to choose the supplies or services to be substituted. However, if the substitute is more expensive than the item originally selected by you, your designee or next-of-kin would be responsible for paying the difference. Under no circumstances will the funeral establishment be allowed to substitute lesser goods and services than the ones you chose.

If, before your death, the funeral home goes out of business or is otherwise unable to fulfill its obligation to you under the preneed contract, you have the right to use the proceeds at the funeral home of your choice.

If the inability to provide services does not become apparent until the time of your death, the individual that you named as your designee could use the funds for services at another funeral home.

-- May I choose the exact item I want now and have the funeral home store it until my death?

If the funeral home or supplier has a storage policy you may ask for this service. If the funeral home or contract seller agrees to store these items, the risk of loss or damage shall be upon the funeral home during the storage period.

For example, what would happen if you select a casket that is in-stock at the time you make these arrangements and the funeral home or supplier agrees to store it for you in their warehouse and: (i) damage occurs, (ii) the funeral home or supplier goes out of business, (iii) the funeral home or supplier is sold, etc.? You need to be assured in writing of protection in these types of situations.

-- What happens if I choose to have a unique service that is not customary or routine in my community? Must the funeral home comply with my wishes?

The funeral home which you have chosen to conduct your service may be able to only provide certain types of services. They may not be able to fulfill your request. If there is a restriction on what they can provide, you will be notified in writing before you sign the preneed contract.

If the funeral home agrees in writing before you sign the contract to perform such services, the funeral home shall provide you a written, itemized statement of fees which you will be charged.

-- Will the funeral home agree to transport my body to another area for burial?

Again, the funeral home may have restrictions on the distance they are willing to travel to conduct a burial. If restrictions apply, you will be notified in writing.

If the funeral home agrees in writing before you sign the contract to honor your wishes, the funeral home shall provide you a written, itemized statement of any penalties (fees) which you will be charged.

-- I may die and be buried in a city other than one where the funeral home that I select for my goods and services is located. Will the funeral home that I select under this contract deliver my merchandise to the city where I die and am to be buried?

This is entirely up to the funeral home to decide. If the funeral home has restrictions on this, they will notify you in writing. If they agree to ship merchandise to another area for your funeral, you will be notified before signing this contract of the fees involved if they can be determined and guaranteed at this time.

However, the preneed contract arrangements and funding is considered portable. This means that they are available for transfer from one locality to another. It is unusual for actual goods and merchandise to be transferred.

PRICING

-- How will I know that the prices of items which I select are the same for everyone?

The funeral home maintains a general price list and a casket and outer burial container price list. Your contract seller will give this to you before you begin talking about arrangements. After your discussion is finished, you will be given a copy of your preneed contract on which charges will be listed. Charges will only be made for the items you select. If there are any legal or other requirements that mandate that you must buy any items you did not specifically ask for, the contract seller will explain the reason for the charges to you in writing.

You may ask a funeral home to purchase certain items or make special arrangements for you. If the funeral home charges you for these services, you will receive an explanation in writing. The charges to you for these services may be higher than if you or your family purchased them directly.

At the time of your death, your family or estate will be given an itemized statement which will list all of the specific charges.

-- What is meant by guaranteed and nonguaranteed prices?

Some contract sellers may agree that certain prices are guaranteed. Some may guarantee the price of the total package. Other funeral homes may not guarantee any prices.

Guaranteed prices are those that will not increase for your family or estate at the time of your death, provided your preneed contract is fully paid for or funded at the time of your death. Basically, this means that your funeral arrangement for those items will be covered by and will not exceed your funding and the interest it earns.

Nonguaranteed prices are those which might increase or decrease. The nonguaranteed prices may be written in at the time of this contract with your understanding that the price is an estimate only and may increase or decrease. A settlement of any difference in the estimated cost and the actual cost at death may have to be made with your family or representative after your death. Examples of prices that are often not guaranteed include cemetery or crematory services, pallbearers, public transportation, clergy honoraria, flowers musicians or singers, obituary notices, gratuities, and death certificates.

-- Can the contract seller and I negotiate a projected charge for the nonguaranteed items based on the rate of inflation?

It is entirely up to the contract seller to inform you of the funeral home policy in that regard.

CASKETS AND CONTAINERS

-- Do I have to buy a vault or a container to surround the casket in the grave?

In most areas of the country, state and local laws do not require that you buy a container to surround the casket in the grave. However, many cemeteries ask that you have such a container to support the earth above the grave. Either a burial vault or a grave liner will satisfy if such requirements exist.

-- Is a casket required?

A casket is not required for direct cremation. If you want to arrange a direct cremation, you may use an unfinished wood box or an alternative container made of heavy cardboard or composition materials. You may choose a canvas pouch.

-- Do certain cemeteries and crematoriums have special requirements?

Particular cemeteries and crematoriums may have policies requiring that certain goods and services be purchased. If you decide not to purchase goods and services required by a particular cemetery or crematorium, you have the right to select another location that has no such policy.

EMBALMING

-- Is embalming always required?

Embalming is not required by law. Embalming may be necessary, however, if you select certain funeral arrangements such as viewing or visitation with an open casket. You do not have to pay for embalming you did not approve if you select arrangements such as a direct cremation or immediate burial. If the funeral home must charge to conduct an embalming, your designee will be notified of the reasons in writing.

RECORDS

-- What should I do with my preneed contract and documents?

A preneed contract is a legal document. You should keep a copy of your preneed contract and related documentation as you would any similar legal document such as in a safe place or with the person designated to make arrangements at the time of your death.

-- Will the funeral home keep a copy of the preneed contract?

The funeral home is required to maintain a copy of the preneed contract on file prior to and after need. Preneed contracts and related documents are required to be kept by the funeral home for three years after your death.

ASSISTANCE

-- This is all very confusing to me. May I pick someone close to me to help with all of this? May this person also work with the funeral home to ensure that my wishes as written in the preneed contract are carried out?

You may designate in writing a person of your choice to work with the funeral home and contract seller either before or after your death to ensure that your wishes are fulfilled. You must sign the statement and have it notarized. The person that you designate must agree to this in writing. Under the laws governing preneed contracts, the individual whom you designate has final authority at the time of your death.

-- Where can I complain if I have a problem concerning my preneed contract, the contract seller, or the funeral home?

You may direct your complaints or concerns to:

The Board of Funeral Directors and Embalmers

9960 Mayland Drive, Suite 300

Richmond, Virginia 23233

Telephone Number: (804) 367-4479

Toll Free Number for complaints: 1-800-533-1560

Fax: (804) 939-5973

Website: www.dhp.virginia.gov

History

Statutory Authority: §§ 54.1-2400 and 54.1-2803 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 7, eff. January 20, 1999; amended, Virginia Register Volume 26, Issue 3, eff. November 11, 2009; Volume 28, Issue 6, eff. December 21, 2011; Volume 29, Issue 3, eff. November 23, 2012; Volume 37, Issue 12, eff. March 3, 2021; Volume 42, Issue 22, eff. June 15, 2026.

Chapter 40 Regulations for the Funeral Service Internship Program

Part I General Provisions

18VAC65-40-10 Definitions

In addition to words and terms defined in § 54.1-2800 of the Code of Virginia, the following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Direct supervision" means that a person licensed for the practice of funeral service, funeral directing, or embalming is present and on the premises of the facility.

"Supervisor" means a licensed employee at the training site who has been approved by the board to provide supervision for the funeral intern.

"Training site" means the licensed funeral establishment, facility, or institution that has agreed to serve as a location for a funeral service internship and has been approved by the board.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR320-01-04 § 1.1, eff. October 9, 1991; amended, Virginia Register Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 22, Issue 21, eff. July 26, 2006; Volume 23, Issue 12, eff. March 21, 2007; Volume 29, Issue 25, eff. September 26, 2013; Volume 39, Issue 6, eff. December 7, 2022.

18VAC65-40-20 (Repealed.)

Historical Notes

Derived from VR320-01-04 §§ 1.2 and 1.3, eff. October 9, 1991; amended, Virginia Register Volume 11, Issue 14, eff. May 3, 1995; repealed, Virginia Register Volume 15, Issue 7, eff. January 20, 1999.

18VAC65-40-40 Fees

A. The following fees shall be paid as applicable for registration:

| | 1. Funeral service, funeral directing, or embalming intern registration | $150 | | --- | --- | --- | | | 2. Funeral service, funeral directing, or embalming intern renewal | $125 | | | 3. Late fee for renewal up to one year after expiration | $45 | | | 4. Duplicate copy of intern registration | $25 | | | 5. Handling fee for returned check or dishonored credit card or debit card | $50 | | | 6. Registration of supervisor | $35 | | | 7. Change of supervisor | $35 | | | 8. Reinstatement fee | $195 |

B. Fees shall be made payable to the Treasurer of Virginia and shall not be refundable once submitted.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR320-01-04 § 1.4, eff. October 9, 1991; amended, Virginia Register Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 4, eff. December 9, 1998; Volume 22, Issue 12, eff. March 22, 2006; Volume 22, Issue 21, eff. July 26, 2006; Volume 23, Issue 12, eff. March 21, 2007; Volume 31, Issue 8, eff. January 14, 2015; Volume 36, Issue 11, eff. March 5, 2020; Volume 39, Issue 6, eff. December 7, 2022.

18VAC65-40-50 (Repealed.)

Historical Notes

Derived from VR320-01-04 §§ 1.5 to 1.8, eff. October 9, 1991; amended, Virginia Register Volume 11, Issue 14, eff. May 3, 1995; repealed, Virginia Register Volume 15, Issue 4, eff. December 9, 1998.

18VAC65-40-90 Renewal of registration

A. The funeral service, funeral directing, or embalming intern registration shall expire on March 31 of each calendar year and may be renewed by submission of the renewal notice and prescribed fee.

B. A person who fails to renew a registration by the expiration date shall be deemed to have an invalid registration. No credit will be allowed for an internship period served under an expired registration.

C. The funeral service, funeral directing, or embalming intern is responsible for notifying the board within 14 days of any changes in name, address, employment, or supervisor. Any notices shall be validly given when mailed to the address on record with the board. Renewal notices may be mailed or sent electronically.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR320-01-04 § 1.9, eff. October 9, 1991; amended, Virginia Register Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 22, Issue 21, eff. July 26, 2006; Volume 23, Issue 12, eff. March 21, 2007; Volume 29, Issue 25, eff. September 26, 2013; Volume 39, Issue 6, eff. December 7, 2022.

18VAC65-40-100 (Repealed.)

Historical Notes

Derived from VR320-01-04 § 1.10, eff. October 9, 1991; amended, Virginia Register Volume 11, Issue 14, eff. May 3, 1995; repealed, Virginia Register Volume 15, Issue 7, eff. January 20, 1999.

18VAC65-40-110 Renewal or reinstatement of expired registration

A. A funeral service, a funeral directing, or an embalming intern whose registration has expired may be renewed within one year following expiration by payment of the current renewal fee and the late renewal fee.

B. A funeral service, a funeral directing, or an embalming intern whose registration has been expired for more than one year shall apply for reinstatement by submission of an application and payment of a reinstatement fee. The board may consider reinstatement of an expired registration for up to three years following expiration.

C. When a registration is not reinstated within three years of its expiration date, a new application for registration shall be filed and a new internship begun.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR320-01-04 § 1.11, eff. October 9, 1991; amended, Virginia Register Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 22, Issue 21, eff. July 26, 2006; Volume 23, Issue 12, eff. March 21, 2007; Volume 26, Issue 3, eff. November 11, 2009; Volume 39, Issue 6, eff. December 7, 2022.

18VAC65-40-120 (Repealed.)

Historical Notes

Derived from VR320-01-04 § 1.12, eff. October 9, 1991; amended, Virginia Register Volume 11, Issue 14, eff. May 3, 1995; repealed, Virginia Register Volume 15, Issue 7, eff. January 20, 1999.

Part II Funeral Service Internship Requirements

18VAC65-40-130 Funeral service, funeral directing, or embalming internship

A. An internship for funeral service, funeral directing, or embalming shall consist of at least 2,000 hours of training to be completed within no less than 12 months and no more than 48 months. The board may grant an extension of time for completion of an internship only for extenuating circumstances.

B. The intern shall be assigned a work schedule of not less than 20 hours nor more than 60 hours per week in order to receive credit for such training. For good cause shown, the board may waive the limitation on an intern's work schedule.

C. A funeral service intern shall receive training in all areas of funeral service.

D. A funeral service intern shall be identified to the public as a funeral service intern in a title used, name tag worn, and any correspondence or communication in which the intern's name is used.

A funeral directing intern shall receive training in all areas of funeral directing, including assisting in at least 25 funerals, 25 arrangement conferences, as well as visitations and financing of funeral services.

E. An embalming intern shall receive training in all aspects of embalming practice, including assisting in at least 25 embalmings, as well as treatment, restorative art, safety and sanitation, and organ, tissue, or anatomical donation.

F. An intern registration shall expire upon issuance by the board of a license to practice as a funeral service licensee, a funeral director, or an embalmer. When an internship has been completed for licensure as a funeral director or as an embalmer, the approval of an additional internship to meet the requirements for licensure as a funeral service licensee may be approved by the board in accordance with § 54.1-2817 of the Code of Virginia and the regulations of the board. Any additional internship granted shall be limited in duration to the time required for completion of hours and cases required for licensure. An internship may not be used to expand the scope of practice of a licensee.

G. An intern shall be identified to the public as a funeral service intern, a funeral directing intern, or an embalming intern in a title used, name tag worn, and any correspondence or communication in which the intern's name is used.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR320-01-04 § 2.1, eff. October 9, 1991; amended, Virginia Register Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 22, Issue 21, eff. July 26, 2006; Volume 23, Issue 12, eff. March 21, 2007; Volume 38, Issue 12, eff. March 3, 2022; Volume 39, Issue 6, eff. December 7, 2022.

18VAC65-40-140 (Repealed.)

Historical Notes

Derived from VR320-01-04 §§ 2.2 and 2.3, eff. October 9, 1991; amended, Virginia Register Volume 11, Issue 14, eff. May 3, 1995; repealed, Virginia Register Volume 15, Issue 7, eff. January 20, 1999.

18VAC65-40-160 (Repealed.)

Historical Notes

Derived from VR320-01-04 § 2.4, eff. October 9, 1991; amended, Virginia Register Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 22, Issue 21, eff. July 26, 2006; repealed, Virginia Register Volume 23, Issue 12, eff. March 21, 2007.

18VAC65-40-170 (Repealed.)

Historical Notes

Derived from VR320-01-04 § 2.5, eff. October 9, 1991; amended, Virginia Register Volume 11, Issue 14, eff. May 3, 1995; repealed, Virginia Register Volume 15, Issue 7, eff. January 20, 1999.

18VAC65-40-180 Intern application for funeral service licensure

A. Any person who meets the qualifications of § 54.1-2817 of the Code of Virginia may seek registration with the board as a funeral service intern by submission of an application package, which shall include documentation of the qualifications and signatures of any supervising licensees.

B. Applicants shall submit school transcripts as part of an application package, including the required fee and any additional documentation as may be required to determine eligibility.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR320-01-04 § 2.6, eff. October 9, 1991; amended, Virginia Register Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 22, Issue 21, eff. July 26, 2006; Volume 26, Issue 3, eff. November 11, 2009; Volume 39, Issue 6, eff. December 7, 2022.

18VAC65-40-185 Intern application for funeral directing or embalming licensure

A. An applicant who attests to holding a high school diploma or its equivalent may seek registration with the board as a funeral directing or an embalming intern by submission of an application package, which shall include documentation of the qualifications and signatures of any supervising licensees.

B. Applicants shall submit school transcripts as part of an application package, including the required fee and any additional documentation as may be required to determine eligibility.

C. The board, in its discretion, may approve an application to be a funeral directing or an embalming intern for an individual convicted of a felony, if the applicant has successfully fulfilled all conditions of sentencing, been pardoned, or has had civil rights restored. The board shall not, however, approve an application to be an intern for any person convicted of embezzlement or of violating subsection B of § 18.2-126 of the Code of Virginia. The board, in its discretion, may refuse to approve an application to be a funeral directing or an embalming intern for an individual who has a criminal or disciplinary proceeding pending against him in any jurisdiction in the United States.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 39, Issue 6, eff. December 7, 2022.

18VAC65-40-190 (Repealed.)

Historical Notes

Derived from VR320-01-04 §§ 2.7 and 2.8, eff. October 9, 1991; amended, Virginia Register Volume 11, Issue 14, eff. May 3, 1995; repealed, Virginia Register Volume 15, Issue 7, eff. January 20, 1999.

18VAC65-40-201 Failure to register

If the internship is not approved by the board prior to initiation of training, no credit shall be allowed for the length of time served.

History

Statutory Authority: § 54.1-2400 and Chapter 28 (§ 54.1-2800 et seq.) of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 7, eff. January 20, 1999; amended, Virginia Register Volume 22, Issue 21, eff. July 26, 2006.

18VAC65-40-210 Training sites

A. Funeral training shall be given at the licensed funeral service establishment or at any branch of such establishment that complies with the provisions of this chapter and is approved by the board as a training site.

B. An individual, firm, or corporation owning or operating any funeral service establishment shall apply to and be approved by the board prior to permitting funeral training to be given or conducted in the establishment.

History

Statutory Authority: § 54.1-2400 and Chapter 28 (§ 54.1-2800 et seq.) of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from VR320-01-04 § 2.9, eff. October 9, 1991; amended, Virginia Register Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999.

18VAC65-40-220 Qualifications of training site

A. The board shall approve only an establishment or two combined establishments to serve as the training site or sites that:

Have a full and unrestricted Virginia license;
Have complied in all respects with the provisions of the regulations of the Board of Funeral Directors and Embalmers; and
For a funeral service internship, have 50 or more funerals and 50 or more bodies for embalming over a 12-month period for each person to be trained. This total must be maintained throughout the period of training. If the establishment does not meet the required number of funerals or embalmings, the funeral service intern may seek approval for an additional training site; or
For a funeral directing internship, have 50 or more funerals over a 12-month period for each person to be trained. This total must be maintained throughout the period of training. If the establishment does not meet the required number of funerals, the funeral directing intern may seek approval for an additional training site; or
For an embalming internship, have 50 or more bodies for embalming over a 12-month period for each person to be trained. This total must be maintained throughout the period of training. If the establishment does not meet the required number of embalmings, the embalming intern may seek approval for an additional training site.

B. The board may grant approval for an intern funeral service or an embalming intern to receive all or a portion of the embalming training at a facility of state or federal government or an accredited educational institution.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR320-01-04 § 2.10, eff. October 9, 1991; amended, Virginia Register Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 22, Issue 21, eff. July 26, 2006; Volume 23, Issue 12, eff. March 21, 2007; Volume 29, Issue 25, eff. September 26, 2013; Volume 38, Issue 12, eff. March 3, 2022; Volume 39, Issue 6, eff. December 7, 2022.

18VAC65-40-230 (Repealed.)

Historical Notes

Derived from VR320-01-04 §§ 2.11 and 2.12, eff. October 9, 1991; amended, Virginia Register Volume 11, Issue 14, eff. May 3, 1995; repealed, Virginia Register Volume 15, Issue 7, eff. January 20, 1999.

18VAC65-40-250 Requirements for supervision

A. Training shall be conducted under the direct supervision of a licensee approved by the board. Credit shall only be allowed for training under direct supervision.

B. The board shall approve only funeral service licensees, licensed funeral directors, or licensed embalmers to give funeral training who have a full and unrestricted Virginia funeral license, have at least two consecutive years in practice as a funeral service licensee, funeral director, or embalmer and are employed full time in or under contract with the establishment, facility, or institution where training occurs. The board will not approve registration of a supervisor who has been subject to board disciplinary action within the most recent two years.

C. A supervisor licensed as an embalmer or a funeral director shall provide supervision only in the areas of funeral practice for which he is licensed. A supervisor shall ensure that an intern receives training under the direct supervision of a licensee who has a current license in good standing.

D. A supervisor shall register with the board for each intern for whom the supervisor is providing supervision. Such registration shall expire 48 months after registration or at the completion of the intern's training, whichever occurs first. If the intern has been granted an extension beyond 48 months for extenuating circumstances, the supervisor may continue to provide supervision for a time period specified by the board.

E. Failure to register as a supervisor may subject the licensee to disciplinary action by the board.

F. If a supervisor is unable or unwilling to continue providing supervision, the intern shall obtain a new supervisor. Credit for training shall resume when a new supervisor is approved by the board and the intern has paid the prescribed fee for the change of supervisor.

G. No more than a combined total of two funeral service, funeral directing, or embalming interns shall be concurrently registered under any one person licensed for the practice of funeral service, funeral directing, or embalming. Each supervisor for a registered funeral directing intern or a registered embalming intern must be actively employed by or under contract with a funeral establishment.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR320-01-04 § 2.13, eff. October 9, 1991; amended, Virginia Register Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume, Issue 12, eff. March 21, 2007; Volume 29, Issue 25, eff. September 26, 2013; Volume 39, Issue 6, eff. December 7, 2022.

18VAC65-40-260 (Repealed.)

Historical Notes

Derived from VR320-01-04 §§ 2.14 and 2.15, eff. October 9, 1991; amended, Virginia Register Volume 11, Issue 14, eff. May 3, 1995; repealed, Virginia Register Volume 15, Issue 7, eff. January 20, 1999.

18VAC65-40-280 Supervisor application package

A. A licensee seeking approval by the board as a supervisor of an intern shall submit a completed application and any additional documentation as may be required to determine eligibility for each intern to be supervised.

B. The application for supervision of a funeral service, a funeral directing, or an embalming intern shall be signed by the establishment manager and by the persons who will be providing supervision for embalming, for funeral directing, or for funeral services.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR320-01-04 § 2.16, eff. October 9, 1991; amended, Virginia Register Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 22, Issue 21, eff. July 26, 2006; Volume 39, Issue 6, eff. December 7, 2022.

18VAC65-40-290 (Repealed.)

Historical Notes

Derived from VR320-01-04 § 2.17, eff. October 9, 1991; amended, Virginia Register Volume 11, Issue 14, eff. May 3, 1995; repealed, Virginia Register Volume 15, Issue 7, eff. January 20, 1999.

18VAC65-40-300 (Repealed.)

Historical Notes

Derived from VR320-01-04 § 2.18, eff. October 9, 1991; amended, Virginia Register Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 22, Issue 21, eff. July 26, 2006; repealed, Virginia Register Volume 23, Issue 12, eff. March 21, 2007.

18VAC65-40-310 (Repealed.)

Historical Notes

Derived from VR320-01-04 § 2.19, eff. October 9, 1991; amended, Virginia Register Volume 11, Issue 14, eff. May 3, 1995; repealed, Virginia Register Volume 15, Issue 7, eff. January 20, 1999.

18VAC65-40-320 Reports to the board

A. The intern, the supervisor or supervisors, and the establishment shall submit a written report to the board at the end of every 1,000 hours of training. The report shall:

Specify the period of time in which the 1,000 hours has been completed and verify that the intern has actually served in the required capacity during the preceding period; and
Be received in the board office no later than 14 days following the end of the completion of 1,000 hours.

B. If the internship is terminated or interrupted prior to completion of 1,000 hours or if the intern is changing supervisors or training sites, the intern and the supervisor shall submit a partial report to the board with a written explanation of the cause of program termination or interruption or of the change in training or supervision.

The partial report shall provide the amount of time served and the dates since the last reporting period. Credit for partial reports shall be given for the number of hours of training completed.
Partial reports shall be received in the board office no later than 14 days after the interruption or termination of the internship or after the change in supervisors or training sites.

C. An intern shall not receive credit for training hours on a new 1,000-hour report until the previous 1,000-hour report has been approved by the board.

D. Credit shall not be allowed for any period of internship that has been completed more than three years prior to application for license or more than five years prior to examination for license. If all requirements for licensure are not completed within five years of initial application, the board may deny an additional internship. A funeral directing or an embalming intern may continue to practice for up to 90 days from the completion of internship hours or until the intern has taken and received the results of all examinations required by the board. However, the board may waive such limitation for any person in the armed service of the United States when application for the waiver is made in writing within six months of leaving service or if the board determines that enforcement of the limitation will create an unreasonable hardship.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR320-01-04 § 2.20, eff. October 9, 1991; amended, Virginia Register Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 22, Issue 21, eff. July 26, 2006; Volume 23, Issue 12, eff. March 21, 2007; Volume 29, Issue 25, eff. September 26, 2013; Volume 39, Issue 6, eff. December 7, 2022.

18VAC65-40-330 Failure to submit training report

If the intern, supervisor, or establishment manager fails to submit the reports required in 18VAC65-40-320, the intern may forfeit all or partial credit for training or disciplinary action may be taken against the intern, supervisor and establishment manager.

History

Statutory Authority: § 54.1-2400 and Chapter 28 (§ 54.1-2800 et seq.) of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from VR320-01-04 § 2.21, eff. October 9, 1991; amended, Virginia Register Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 22, Issue 21, eff. July 26, 2006.

Part III Internship: Funeral Supervisors' Responsibilities

18VAC65-40-340 Supervisors' responsibilities

A. The supervisor shall provide the intern with all applicable laws and regulations or sections of regulations relating to the funeral industry.

B. The supervisor shall provide the intern with copies of and instruction in the use of all forms and price lists employed by the funeral establishment.

C. The supervisor shall provide the funeral service or funeral directing intern with instruction in all aspects of funeral services and shall allow the intern under direct supervision to assist in conducting a minimum of 25 funerals.

D. The embalming supervisor shall provide instruction on all necessary precautions, embalming functions, and reporting forms and shall allow the funeral service or embalming intern under direct supervision to assist in the performance of a minimum of 25 embalmings.

E. The supervisor shall provide the funeral service or funeral directing intern with instruction in making preneed funeral arrangements and instruction on the laws and regulations pertaining to preneed funeral contracts and disclosures.

F. The supervisor shall provide the funeral service or funeral directing intern instruction on cremation and on the laws and regulations pertaining to cremation.

G. If a training site does not offer preneed funeral planning or cremation services, the supervisor shall arrange for such training at another licensed funeral establishment that does.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR320-01-04 § 3.1, eff. October 9, 1991; amended, Virginia Register Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 19, Issue 10, eff. February 26, 2003; Volume 22, Issue 21, eff. July 26, 2006; Volume 23, Issue 12, eff. March 21, 2007; Volume 39, Issue 6, eff. December 7, 2022.

18VAC65-40-350 (Repealed.)

Historical Notes

Derived from VR320-01-04 §§ 3.2 to 3.13, 4.1 to 4.4 and 5.1 to 5.13, eff. October 9, 1991; amended, Virginia Register Volume 11, Issue 14, eff. May 3, 1995; repealed, Virginia Register Volume 15, Issue 7, eff. January 20, 1999.

Part IV Refusal, Suspension, Revocation, and Disciplinary Action

18VAC65-40-640 Disciplinary action

The board may refuse to issue or renew a license, registration, or approval to any applicant; and may suspend for a stated period of time or indefinitely, or revoke any license, registration, or approval, or reprimand any person, or place his license or registration on probation with such terms and conditions and for such time as it may designate or impose a monetary penalty for failure to comply with the laws and regulations of the Board of Funeral Directors and Embalmers.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2817 of the Code of Virginia.
Historical Notes: Derived from VR320-01-04 § 6.1, eff. October 9, 1991; amended, Virginia Register Volume 11, Issue 14, eff. May 3, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 38, Issue 12, eff. March 3, 2022.

Agency 75 Board of Health Professions (Abolished)

Chapter 11 Public Participation Guidelines [Repealed]

Part I Purpose and Definitions [Repealed]

18VAC75-11-10 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008; repealed, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

18VAC75-11-20 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008; repealed, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

Part II Notification of Interested Persons [Repealed]

18VAC75-11-30 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008; repealed, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

18VAC75-11-40 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008; repealed, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

Part III Public Participation Procedures [Repealed]

18VAC75-11-50 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008; amended, Virginia Register Volume 33, Issue 7, eff. January 12, 2017; repealed, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

18VAC75-11-60 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008; repealed, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

18VAC75-11-70 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008; repealed, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

18VAC75-11-80 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008; repealed, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

18VAC75-11-90 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008; repealed, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

18VAC75-11-100 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008; repealed, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

18VAC75-11-110 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008; repealed, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

Chapter 20 Regulations Governing Practitioner Self-Referral [Repealed]

Part I General Provisions [Repealed]

18VAC75-20-10 (Repealed.)

History

Historical Notes: Derived from VR365-01-2 § 1.1, eff. March 24, 1994; amended, Virginia Register Volume 15, Issue 18, eff. June 23, 1999; repealed, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

18VAC75-20-20 (Repealed.)

History

Historical Notes: Derived from VR365-01-2 § 1.2, eff. March 24, 1994; repealed, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

18VAC75-20-30 (Repealed.)

Historical Notes

Derived from VR365-01-2 §§ 2.1 to 2.3, eff. March 24, 1994; repealed, Virginia Register Volume 15, Issue 18, eff. June 23, 1999.

Part II Advisory Opinions and Exceptions [Repealed]

18VAC75-20-60 (Repealed.)

History

Historical Notes: Derived from VR365-01-2 § 3.1, eff. March 24, 1994; amended, Virginia Register Volume 15, Issue 18, eff. June 23, 1999; Volume 23, Issue 21, eff. September 10, 2007; repealed, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

18VAC75-20-70 (Repealed.)

History

Historical Notes: Derived from VR365-01-2 § 3.2, eff. March 24, 1994; amended, Virginia Register Volume 15, Issue 18, eff. June 23, 1999; Volume 23, Issue 21, eff. September 10, 2007; repealed, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

18VAC75-20-80 (Repealed.)

History

Historical Notes: Derived from VR365-01-2 § 3.3, eff. March 24, 1994; repealed, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

Part III Discipline [Repealed]

18VAC75-20-90 (Repealed.)

History

Historical Notes: Derived from VR365-01-2 § 4.1, eff. March 24, 1994; amended, Virginia Register Volume 15, Issue 18, eff. June 23, 1999; repealed, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

18VAC75-20-100 (Repealed.)

History

Historical Notes: Derived from VR365-01-2 § 4.2, eff. March 24, 1994; repealed, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

18VAC75-20-110 (Repealed.)

History

Historical Notes: Derived from VR365-01-2 § 4.3, eff. March 24, 1994; repealed, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

Part IV Delegation to an Agency Subordinate [Repealed]

18VAC75-20-120 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 23, Issue 21, eff. September 10, 2007; repealed, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

18VAC75-20-130 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 23, Issue 21, eff. September 10, 2007; repealed, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

18VAC75-20-140 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 23, Issue 21, eff. September 10, 2007; repealed, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

Agency 76 Department of Health Professions

Chapter 31 Public Participation Guidelines

Part I Purpose and Definitions

18VAC76-31-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Department of Health Professions. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

18VAC76-31-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Department of Health Professions, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

Part II Notification of Interested Persons

18VAC76-31-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

18VAC76-31-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 18VAC76-31-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

Part III Public Participation Procedures

18VAC76-31-50 Public comment

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008; amended, Virginia Register Volume 33, Issue 5, eff. December 15, 2016.

18VAC76-31-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

18VAC76-31-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

18VAC76-31-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

18VAC76-31-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

18VAC76-31-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

18VAC76-31-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

Chapter 50 Regulations Governing Practitioner Self-Referral

Part I General Provisions

18VAC76-50-10 Definitions

Statutory definitions of words and terms related to the Practitioner Self-Referral Act are established in § 54.1-2410 of the Code of Virginia.

The following additional words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"Act" means the Practitioner Self-Referral Act, Chapter 24.1 (§ 54.1-2410 et seq.) of Title 54.1 of the Code of Virginia.

"Applicant" means a practitioner or entity who has applied to the board for an advisory opinion on the applicability of the Act or for an exception to the prohibitions of the Act.

"Appropriate regulatory board" means the regulatory board within the Department of Health Professions that licenses or certifies the practitioner.

"Committee" means an informal conference committee of a regulatory board.

"Department" means the Department of Health Professions.

"Director" means the Director of the Department of Health Professions.

History

Statutory Authority: §§ 54.1-2410 and 54.1-2505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

Part II Advisory Opinions and Exceptions

18VAC76-50-20 Application for advisory opinions

A. Any practitioner or entity may request an advisory opinion on the applicability of the Act upon completion of an application and payment of a fee.

B. Requests shall be made on an application form prescribed by the department. The request shall contain the following information:

The name of the practitioner or entity;
Identification of the practitioner or entity and description of the health care services being provided or proposed;
The type and amount of existing or proposed investment interest in the entity;
A description of the nature of the investment interest and copies of any existing or proposed documents between the practitioner and the entity, including leases, contracts, and organizational documents; and
Certification and notarized signature of the practitioner or principal of the entity requesting the advisory opinion that the information and supporting documentation contained within it is true and correct.

C. The application shall be reviewed for completeness, and the department may request such other additional information or documentation the department deems necessary from the practitioner or entity.

D. Upon a determination that a request for an advisory opinion is complete and that it has sufficient information, the department shall notify the practitioner or entity that the department will consider the practitioner or entity's request.

E. At the conclusion of an informal conference, the department shall issue an advisory opinion to the practitioner or entity.

History

Statutory Authority: §§ 54.1-2412 and 54.1-2505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

18VAC76-50-30 Application for exception

A. A practitioner or entity may request an exception to the prohibitions of the Act upon completion of an application and payment of a fee.

B. Requests shall be made on an application form prescribed by the department. The application shall contain the following information:

The name and identifying information of the practitioner or entity;
The information and documentation regarding community need and alternative financing as required by § 54.1-2411 B of the Code of Virginia; and
Certification and notarized signature of the practitioner or principal of the entity requesting the exception that the information contained in the application and supporting documentation is true and correct.

C. The application shall be reviewed for completeness, and the department may request additional information and documentation from the applicant.

D. Upon a determination that an application is complete and that it has sufficient information, the department shall notify the applicant that the department will consider the request.

E. At the conclusion of an informal conference, the department shall issue a decision regarding the request for an exception to the applicant.

F. Exceptions to the Act shall be valid for a period of no more than five years.

G. An exception shall be renewed upon payment of a renewal fee and the receipt of certification from the practitioner or entity that the conditions under which the original exception was granted continue to warrant the exception.

History

Statutory Authority: §§ 54.1-2412 and 54.1-2505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

18VAC76-50-40 Fees

A. An application fee for an opinion on applicability of the Act shall be $500.

B. An application fee for an exception to the Act shall be $1,000.

C. The renewal fee for board approval of exceptions to the Act shall be $250.

History

Statutory Authority: § 54.1-2505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

Part III Discipline

18VAC76-50-50 Disciplinary action against entities

The department shall determine violations of prohibitions of the Act on the part of an entity other than a practitioner as defined in § 54.1-2410 of the Code of Virginia in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 54.1-2412 and 54.1-2505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

18VAC76-50-60 Disciplinary action against practitioners

A. Upon receipt of an investigative report of an alleged violation of the Act by a practitioner as defined in § 54.1-2410 of the Code of Virginia, the director shall provide a copy of the report to the appropriate regulatory board.

B. Violations of the Act by a practitioner shall be determined by the appropriate regulatory board within the department and shall be subject to disciplinary action by that regulatory board in accordance with § 54.1-2412 D of the Code of Virginia.

C. Upon closure of a case involving an alleged violation of the Act by a practitioner, the appropriate regulatory board shall provide a copy of the final order or of the letter of dismissal of the case to the director.

D. The director shall review periodically the disposition of cases involving allegations of violation of the Act by practitioners to ensure the protection of the public and the fair and equitable treatment of health professionals.

History

Statutory Authority: §§ 54.1-2412 and 54.1-2505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

18VAC76-50-70 Decision to delegate

The director may delegate an informal conference to an agency subordinate to consider an application for an advisory opinion or an exception to the provisions of the Act.

History

Statutory Authority: §§ 54.1-2412 and 54.1-2505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

18VAC76-50-80 Criteria for an agency subordinate

An agency subordinate authorized by the director to conduct an informal conference may include current or past members of regulatory boards and professional staff or other persons deemed knowledgeable by virtue of their training and experience in the organizational structure of entities providing the health care services identified in the application.

History

Statutory Authority: §§ 54.1-2412 and 54.1-2505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

Agency 80 Board For Hearing Aid Specialists And Opticians

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

18VAC80-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Board for Hearing Aid Specialists and Opticians. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008; amended, Virginia Register Volume 28, Issue 23, eff. August 15, 2012.

18VAC80-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Board for Hearing Aid Specialists and Opticians, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008; amended, Virginia Register Volume 28, Issue 23, eff. August 15, 2012.

Part II Notification of Interested Persons

18VAC80-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC80-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 18VAC80-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Part III Public Participation Procedures

18VAC80-11-50 Public comment

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008; amended, Virginia Register Volume 33, Issue 7, eff. January 12, 2017.

18VAC80-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC80-11-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC80-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC80-11-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC80-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC80-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Chapter 20 Hearing Aid Specialists Regulations

Part I Definitions

18VAC80-20-10 Definitions

A. The following words and terms when used in this chapter have the meanings ascribed to them in § 54.1-1500 of the Code of Virginia:

"Audiologist"

"Board"

"Hearing aid"

"Licensed hearing aid specialist"

"Licensed physician"

"Practice of audiology"

"Practice of fitting or dealing in hearing aids"

"Prescription hearing aid"

"Sell" or "sale"

"Temporary permit"

B. The following words and terms when used in this chapter have the following meanings unless the context clearly indicates otherwise:

"Department" means the Department of Professional and Occupational Regulation.

"Endorsement" means a method of obtaining a license by a person who is currently licensed in another state.

"Hearing aid specialist" means a person who engages in the practice of fitting or dealing in hearing aids.

"Licensed sponsor" means a licensed hearing aid specialist who is responsible for training one or more individuals holding a temporary permit.

"Otolaryngologist" means a licensed physician specializing in ear, nose, and throat disorders.

"Reinstatement" means having a license restored to effectiveness after the expiration date has passed.

"Renewal" means continuing the effectiveness of a license for another period of time.

"Temporary permit holder" means any person who holds a valid temporary permit under this chapter.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from VR375-01-02 § 1.1, eff. December 4, 1989; amended, Virginia Register Volume 7, Issue 11, eff. March 27, 1991; Volume 8, Issue 6, eff. January 15, 1992; Volume 11, Issue 22, eff. August 23, 1995; Volume 19, Issue 24, eff. October 1, 2003; Volume 33, Issue 9, eff. February 1, 2017; Volume 42, Issue 7, eff. December 29, 2025.

18VAC80-20-20 (Repealed.)

History

Historical Notes: Derived from VR375-01-02 § 1.2, eff. August 23, 1995; repealed, Virginia Register Volume 42, Issue 7, eff. December 29, 2025.

Part II Entry Requirements

18VAC80-20-30 Basic qualifications for licensure

A. Every applicant for a license must provide information on an application establishing that:

The applicant is at least 18 years of age.
The applicant has successfully completed high school or a high school equivalency course.
The applicant has training and experience that covers the following subjects as the subjects pertain to hearing aid fitting and the sale of hearing aids, accessories, and services:

a. Basic physics of sound;

b. Basic maintenance and repair of hearing aids;

c. The anatomy and physiology of the ear;

d. The function of hearing aids and amplification;

e. Visible disorders of the ear requiring medical referrals;

f. Practical tests utilized for selection or modification of hearing aids;

g. Audiometric testing, including pure tone audiometry, air conduction and bone conduction, speech reception threshold testing, and speech discrimination testing;

h. Masking when indicated;

i. Recording and evaluating audiograms and speech audiometry to determine the proper selection and adaptation of hearing aids;

j. Taking earmold impressions;

k. Proper earmold selection;

l. Adequate instruction in proper hearing aid orientation;

m. Necessity of proper procedures in after-fitting checkup; and

n. Availability of social service resources and other special resources for the hearing impaired.

The applicant has provided one of the following as verification of completion of training and experience as described in subdivision 3 of this subsection:

a. A statement on a form provided by the board signed by the licensed sponsor certifying that the requirements have been met and that the applicant has completed at least six months of experience under the temporary permit;

b. A certified true copy of a transcript of courses completed at an accredited college or university, or other notarized documentation of completion of the required experience and training; or

c. An apprenticeship completion form from the Virginia Department of Workforce Development and Advancement reflecting completion of a registered apprenticeship, including all required related instruction, or an equivalent out-of-state registered apprenticeship.

In accordance with § 54.1-204 of the Code of Virginia, each applicant must disclose the following information regarding criminal convictions in Virginia and all other jurisdictions:

a. Misdemeanor convictions that occurred within three years of the date of application involving sexual offense or physical injury; and

b. Felony convictions involving sexual offense, physical injury, or drug distribution or felony convictions involving the practice of fitting or dealing in hearing aids.

The record of a conviction authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted will be admissible as prima facie evidence of such conviction or guilt. The board has the authority to determine, based upon all the information available, including the applicant's record of prior convictions, if the applicant is unfit or unsuited to engage in the hearing aid specialist profession.

The applicant is in good standing as a licensed hearing aid specialist in every jurisdiction where licensed. The applicant must disclose if the applicant has had a license as a hearing aid specialist that was suspended, revoked, or surrendered in connection with a disciplinary action or that has been the subject of discipline in any jurisdiction prior to applying for licensure in Virginia. At the time of application for licensure, the applicant must also disclose any disciplinary action taken in another jurisdiction in connection with the applicant's practice as a hearing aid specialist.
The applicant has disclosed the applicant's physical address and email address. A post office box may be provided as a secondary address.
The nonresident applicant for a license has filed and maintained with the department an irrevocable consent for the department to serve as service agent for all actions filed in any court in Virginia.
The applicant has submitted the required application with the proper fee as referenced in 18VAC80-20-70 and signed, as part of the application, a statement that the applicant has read and understands Chapter 15 (§ 54.1-1500 et seq.) of Title 54.1 of the Code of Virginia and this chapter.

B. The board may make further inquiries and investigations with respect to the qualifications of the applicant or require a personal interview. The board may refuse initial licensure due to the applicant's failure to comply with entry requirements. The licensee is entitled to a review of such action, which will be in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from VR375-01-02 § 2.1, eff. December 4, 1989; amended, Virginia Register Volume 7, Issue 11, eff. March 27, 1991; Volume 8, Issue 6, eff. January 15, 1992; Volume 11, Issue 22, eff. August 23, 1995; Volume 19, Issue 24, eff. October 1, 2003; Volume 33, Issue 9, eff. February 1, 2017; Volume 38, Issue 4, eff. December 1, 2021; Volume 41, Issue 14, eff. April 28, 2025; Volume 42, Issue 7, eff. December 29, 2025.

18VAC80-20-40 Temporary permit

A. Any individual may apply for a temporary permit, which is to be used solely for the purpose of gaining the training and experience required to become a licensed hearing aid specialist in Virginia. The licensed sponsor must be identified on the application for a temporary permit, and the licensed sponsor must comply strictly with the provisions of subdivisions D 1 and D 2 of this section.

A temporary permit will be issued for a period of 18 months. After a period of 18 months, the former temporary permit holder must sit for the examination in accordance with this section.
The board may, at its discretion, extend the temporary permit for a temporary permit holder who suffers serious personal illness or injury, a death in the temporary permit holder's immediate family, for obligation of military service or service in the Peace Corps, or for other good cause of similar magnitude approved by the board. Documentation of these circumstances must be received by the board no later than 12 months after the date of the expiration of the temporary permit or within six months of the completion of military or Peace Corps service, whichever is later.

B. A registered apprenticeship under the Virginia Department of Workforce Development and Advancement is held to be a board-approved temporary permit.

C. Every applicant for a temporary permit must provide information upon application establishing that:

The applicant for a temporary permit is at least 18 years of age.
The applicant for a temporary permit has successfully completed high school or a high school equivalency course.
In accordance with § 54.1-204 of the Code of Virginia, each applicant for a temporary permit must disclose the following information regarding criminal convictions in Virginia and all other jurisdictions:

a. Misdemeanor convictions that occurred within three years of the date of application involving sexual offense or physical injury; and

b. Felony convictions involving sexual offense, physical injury, or drug distribution or felony convictions involving the practice of fitting or dealing in hearing aids.

The applicant for a temporary permit is in good standing as a licensed hearing aid specialist in every jurisdiction where licensed. The applicant for a temporary permit must disclose if the applicant has had a license as a hearing aid specialist that was suspended, revoked, or surrendered in connection with a disciplinary action or that has been the subject of discipline in any jurisdiction prior to applying for licensure in Virginia. At the time of application, the applicant for a temporary permit must also disclose any disciplinary action taken in another jurisdiction in connection with the applicant's practice as a hearing aid specialist.
The applicant for a temporary permit has disclosed the applicant's physical address and email address. A post office box may be provided as a secondary address.
The applicant for a temporary permit has submitted the required application with the proper fee referenced in 18VAC80-20-70 and has signed, as part of the application, a statement that the applicant has read and understands Chapter 15 (§ 54.1-1500 et seq.) of Title 54.1 of the Code of Virginia and this chapter.

D. The licensed hearing aid specialist who agrees to sponsor the applicant for a temporary permit must certify on the application that as sponsor, the licensed hearing aid specialist:

Assumes full responsibility for the competence and proper conduct of the temporary permit holder with regard to all acts performed pursuant to the acquisition of training and experience in the fitting or dealing of hearing aids;
Will not assign the temporary permit holder to carry out independent field work without on-site direct supervision by the sponsor until the temporary permit holder is adequately trained for such activity;
Will personally provide and make available documentation, upon request by the board or its representative, showing the number of hours that direct supervision has occurred throughout the period of the temporary permit;
Will return the temporary permit to the department should the training program be discontinued for any reason; and
Will not refer the temporary permit holder for testing until the permit holder has completed at least six months of training under the permit.

E. The licensed sponsor must provide training and must ensure that the temporary permit holder under the licensed sponsor's supervision gains experience that covers the following subjects as they pertain to hearing aid fitting and the sale of hearing aids, accessories, and services:

Basic physics of sound;
Basic maintenance and repair of hearing aids;
The anatomy and physiology of the ear;
The function of hearing aids and amplification;
Visible disorders of the ear requiring medical referrals;
Practical tests utilized for selection or modification of hearing aids;
Audiometric testing, including pure tone audiometry, air conduction and bone conduction, speech reception threshold testing, and speech discrimination testing;
Masking when indicated;
Recording and evaluating audiograms and speech audiometry to determine the proper selection and adaptation of hearing aids;
Taking earmold impressions;
Proper earmold selection;
Adequate instruction in proper hearing aid orientation;
Necessity of proper procedures in after-fitting checkup; and
Availability of social service resources and other special resources for the hearing impaired.

F. The board may make further inquiries and investigations with respect to the qualifications of the applicant for a temporary permit or require a personal interview.

G. All correspondence from the board to the temporary permit holder not otherwise exempt from disclosure must be addressed to both the temporary permit holder and the licensed sponsor and must be sent to the business address of the licensed sponsor.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from VR375-01-02 § 2.2, eff. August 23, 1995; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; Volume 33, Issue 9, eff. February 1, 2017; Volume 38, Issue 4, eff. December 1, 2021; Volume 41, Issue 14, eff. April 28, 2025; Volume 42, Issue 7, eff. December 29, 2025.

18VAC80-20-50 Qualifications for licensure by endorsement

A. Every applicant for Virginia licensure through endorsement who is currently licensed as a hearing aid specialist in good standing in another jurisdiction must provide information upon application establishing that the requirements and standards under which the license was issued are substantially equivalent to and not conflicting with the provisions of this chapter. The applicant must file the application for endorsement with and pay a fee to the board and must successfully complete the specified sections of the examination.

B. Every applicant for Virginia licensure through endorsement that can demonstrate active engagement in the profession for the preceding five years will only be required to take the rules and regulations examination.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from VR375-01-02 § 2.3, eff. August 23, 1995; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; Volume 42, Issue 7, eff. December 29, 2025.

18VAC80-20-60 (Repealed.)

Historical Notes

Derived from VR375-01-02 § 2.4, eff. August 23, 1995; repealed, Virginia Register Volume 19, Issue 24, eff. October 1, 2003.

18VAC80-20-70 Fees

A. All fees are nonrefundable and shall not be prorated. The date of receipt by the board or its agent is the date that will be used to determine whether or not it is on time.

B. Application and examination fees must be submitted with the application for licensure.

C. In the event that a check, money draft, or similar instrument for payment of a fee required by statute or regulation is not honored by the bank or financial institution named, the applicant or regulant shall be required to remit fees sufficient to cover the original fee, plus the additional processing charge established by the department.

The following fees apply:

| Application Fee | $125 | To be paid by all applicants for initial licensure | | --- | --- | --- | | Temporary Permit Fee | $125 | | | Renewal | $125 | | | Reinstatement | $125 | |

D. The written examination fee shall be established in compliance with the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia). The practical examination fee shall be established by the department that is sufficient to cover expenses for the administration of the examination in compliance with subdivision A 4 of § 54.1-201 of the Code of Virginia.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from VR375-01-02 § 2.5, eff. August 23, 1995; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; Volume 19, Issue 25, eff. October 1, 2003; Volume 33, Issue 9, eff. February 1, 2017; Volume 39, Issue 16, eff. May 1, 2023.

18VAC80-20-80 Examinations

A. All examinations required for licensure must be approved by the board and administered by the board, a testing service acting on behalf of the board, or another governmental agency or organization.

B. The candidate for examination must follow all rules established by the board with regard to conduct at the examination. Such rules include any written instructions communicated prior to the examination date and any instructions communicated at the site, either written or oral, on the date of the examination. Failure to comply with all rules established by the board with regard to conduct at the examination will be grounds for denial of the application.

C. Applicants for licensure must pass all examinations, including the written examination, the rules and regulations examination, and the practical examination.

The applicant must pass each section of the practical examination administered by the board. Candidates failing one or more sections of the practical examination will be required to retake only those sections failed.
Any candidate failing to achieve a passing score on all examinations within two years from the date the board finds the candidate eligible for examination must reapply as a new applicant for licensure and repeat all examinations.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from VR375-01-02 § 2.6, eff. December 4, 1989; amended, Virginia Register Volume 7, Issue 11, eff. March 27, 1991; Volume 8, Issue 6, eff. January 15, 1992; Volume 11, Issue 22, eff. August 23, 1995; Volume 19, Issue 24, eff. October 1, 2003; Volume 38, Issue 11, eff. March 7, 2022; Volume 42, Issue 7, eff. December 29, 2025.

Part III Renewal

18VAC80-20-90 License renewal required

A. Licenses issued under this chapter will expire two years from the license effective date.

B. The board will send a renewal notice to the licensee. Failure to receive this notice does not relieve the licensee of the obligation to renew. Prior to the expiration date shown on the license, each licensee desiring to renew a license must return to the board the appropriate fee as outlined in 18VAC80-20-70.

C. Any licensee who fails to renew within 30 days after the license expires will be required to apply for reinstatement.

D. The board may deny renewal of a license for the same reasons as the board may refuse initial licensure as set forth in Part II (18VAC80-20-30 et seq.) of this chapter or discipline a licensee as set forth in Part V (18VAC80-20-180 et seq.) of this chapter. The licensee is entitled to a review of such action. Review of such actions will be in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from VR375-01-02 § 3.1, eff. December 4, 1989; amended, Virginia Register Volume 7, Issue 11, eff. March 27, 1991; Volume 8, Issue 6, eff. January 15, 1992; Volume 11, Issue 22, eff. August 23, 1995; Volume 42, Issue 7, eff. December 29, 2025.

18VAC80-20-100 (Repealed.)

History

Historical Notes: Derived from VR375-01-02 § 3.2, eff. August 23, 1995; repealed, Virginia Register Volume 42, Issue 7, eff. December 29, 2025.

18VAC80-20-110 (Repealed.)

History

Historical Notes: Derived from VR375-01-02 § 3.3, eff. August 23, 1995; repealed, Virginia Register Volume 42, Issue 7, eff. December 29, 2025.

18VAC80-20-120 (Repealed.)

History

Historical Notes: Derived from VR375-01-02 § 3.4, eff. August 23, 1995; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; repealed, Virginia Register Volume 42, Issue 7, eff. December 29, 2025.

18VAC80-20-130 (Repealed.)

History

Historical Notes: Derived from VR375-01-02 § 3.5, eff. December 4, 1989; amended, Virginia Register Volume 7, Issue 11, eff. March 27, 1991; Volume 8, Issue 6, eff. January 15, 1992; Volume 11, Issue 22, eff. August 23, 1995; Volume 19, Issue 24, eff. October 1, 2003; repealed, Virginia Register Volume 42, Issue 7, eff. December 29, 2025.

Part IV Reinstatement

18VAC80-20-140 Reinstatement required

A. If a licensee fails to meet the requirements for renewal and submit the renewal fee within 30 days after the expiration date on the license, the licensee must apply for reinstatement on a form provided by the board.

Applicants for reinstatement must submit the required fee referenced in 18VAC80-20-70.
Two years after the expiration date on the license, reinstatement is no longer possible. To resume practice as a hearing aid specialist, the former licensee must apply as a new applicant for licensure, meeting all educational, examination, and experience requirements as listed in the regulations current at the time of reapplication.

B. The board may deny reinstatement of a license for the same reasons as it may refuse initial licensure or discipline a licensee. The licensee is entitled to a review of such action, which will be in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

C. When a license is reinstated, the license will continue to have the same license number and will be assigned an expiration date two years from the previous expiration date of the license, which is the expiration date assigned to all licenses at the time of reinstatement.

D. A licensee who reinstates a license will be regarded as having been continually licensed without interruption. Therefore, the licensee will remain under the disciplinary authority of the board during the entire period and may be held accountable for activities during this period. Nothing in this chapter will divest the board of authority to discipline a licensee for a violation of the law or regulations during the period of licensure.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from VR375-01-02 § 4.1, eff. August 23, 1995; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; Volume 42, Issue 7, eff. December 29, 2025.

18VAC80-20-150 (Repealed.)

History

Historical Notes: Derived from VR375-01-02 § 4.2, eff. August 23, 1995; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; repealed, Virginia Register Volume 42, Issue 7, eff. December 29, 2025.

18VAC80-20-160 (Repealed.)

History

Historical Notes: Derived from VR375-01-02 § 4.3, eff. August 23, 1995; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; repealed, Virginia Register Volume 42, Issue 7, eff. December 29, 2025.

18VAC80-20-170 (Repealed.)

Historical Notes

Derived from VR375-01-02 § 5.1, eff. August 23, 1995; repealed, Virginia Register Volume 19, Issue 24, eff. October 1, 2003.

Part V Standards of Practice and Conduct

18VAC80-20-180 Maintenance of licenses

A. Notice in writing must be given to the board in the event of any change of business or individual name, address, or email address. Such notice must be sent to the board within 30 days of the change of the name, location, or email address. The board will not be responsible for the licensee's failure to receive notices, communications and correspondence caused by the licensee's failure to promptly notify the board in writing of any change of name or address.

B. All licensees must operate under the name in which the license is issued.

C. All licenses issued by the board must be visibly displayed at each physical site of employment in such a manner that the public can easily read the name of the licensee. If the individual practices at more than one site, a photocopy of the license is acceptable.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from VR375-01-02 § 5.2, eff. August 23, 1995; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; Volume 42, Issue 7, eff. December 29, 2025.

18VAC80-20-190 Business records and practice

A. This section shall apply with reference to the licensee's official records and public access.

B. The licensee shall keep on record with the board the location of the licensee's records, which shall be accessible to the board, with or without notice, during reasonable business hours.The licensee must promptly produce to the board or any of its agents, upon request or demand, any document, book, record, copy thereof in the licensee's possession or control concerning a transaction covered by this chapter or for which the licensee is required to maintain records.

C. The licensee shall be accessible to the public for expedient, reliable and dependable services, and repairs.

History

Statutory Authority: §§ 54.1-113 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from VR375-01-02 § 5.3, eff. December 4, 1989; amended, Virginia Register Volume 7, Issue 11, eff. March 27, 1991; Volume 8, Issue 6, eff. January 15, 1992; Volume 11, Issue 22, eff. August 23, 1995.

18VAC80-20-200 Documentation provided to each purchaser

The licensee shall deliver to each purchaser at the time of a repair or service a signed receipt by the licensee or designee and showing:

Licensee's business address, license number and business telephone number;
The make and model of the hearing aid or equipment to be repaired or serviced and, in addition, serial numbers on models to be repaired and serviced; and
The full terms of the transaction clearly stated.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from VR375-01-02 § 5.4, eff. December 4, 1989; amended, Virginia Register Volume 7, Issue 11, eff. March 27, 1991; Volume 8, Issue 6, eff. January 15, 1992; Volume 11, Issue 22, eff. August 23, 1995; Volume 19, Issue 24, eff. October 1, 2003.

18VAC80-20-210 (Repealed.)

History

Historical Notes: Derived from VR375-01-02 § 5.5, eff. December 4, 1989; amended, Virginia Register Volume 7, Issue 11, eff. March 27, 1991; Volume 8, Issue 6, eff. January 15, 1992; Volume 11, Issue 22, eff. August 23, 1995; Volume 19, Issue 24, eff. October 1, 2003; repealed, Virginia Register Volume 42, Issue 7, eff. December 29, 2025.

18VAC80-20-220 Purchase agreement

A. Each hearing aid must be sold through a purchase agreement that must:

Show the licensee's business address, license number, business telephone number, and signature;
Clearly state, if the hearing aid is not new and is sold or rented, that it is "used" or "reconditioned," whichever is applicable, including the terms of warranty, if any;
Identify the brand names and model of the hearing aid being sold, and the serial number of the hearing aid must be provided, in writing, to the purchaser at the time of delivery of the hearing aid;
Disclose the full purchase price;
Disclose the down payment and periodic payment terms in cases where the purchase price is not paid in full at delivery;
Disclose any nonrefundable fees established in accordance with § 54.1-1505 of the Code of Virginia;
Explain the provisions of § 54.1-1505 of the Code of Virginia, which entitles the purchaser to return the hearing aid, in 10-point bold face type that is bolder than the type in the remainder of the purchase agreement; and
Disclose that the licensee or temporary permit holder is not a physician licensed to practice medicine in Virginia and that no examination or representation made will be regarded as a medical examination, opinion, or advice.

B. Subdivision A 8 of this section will not apply to sales made by a licensed hearing aid specialist who is a physician licensed to practice medicine in Virginia.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from VR375-01-02 § 5.6, eff. December 4, 1989; amended, Virginia Register Volume 7, Issue 11, eff. March 27, 1991; Volume 8, Issue 6, eff. January 15, 1992; Volume 11, Issue 22, eff. August 23, 1995; Volume 19, Issue 24, eff. October 1, 2003; Volume 33, Issue 9, eff. February 1, 2017; Volume 42, Issue 7, eff. December 29, 2025.

18VAC80-20-230 Fitting or sale of hearing aids for children

A. No child younger than 18 years of age will be initially fitted with a hearing aid or hearing aids unless the licensed hearing aid specialist has been presented with a written statement signed by an otolaryngologist stating the child's hearing loss has been medically evaluated and the child may be considered a candidate for a hearing aid. The medical evaluation must have taken place within the preceding six months.

B. No child younger than 18 years of age will be subsequently fitted with a hearing aid or hearing aids unless the licensed hearing aid specialist has been presented with a written statement signed by a licensed physician stating the child's hearing loss has been medically evaluated and the child may be considered a candidate for a hearing aid. The medical evaluation must have taken place within the preceding six months.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from VR375-01-02 § 5.7, eff. December 4, 1989; amended, Virginia Register Volume 7, Issue 11, eff. March 27, 1991; Volume 8, Issue 6, eff. January 15, 1992; Volume 11, Issue 22, eff. August 23, 1995; Volume 19, Issue 24, eff. October 1, 2003; Volume 33, Issue 9, eff. February 1, 2017; Volume 42, Issue 7, eff. December 29, 2025.

18VAC80-20-240 Physician statement regarding adult client's medical evaluation of hearing loss

A. Each licensee or holder of a temporary permit, in counseling and instructing adult clients and prospective adult clients related to the testing, fitting, and sale of hearing aids, is required to recommend that the client obtain a written statement signed by a licensed physician stating that the patient's hearing loss has been medically evaluated within the preceding six months and that the patient may be a candidate for a hearing aid.

B. Should the client decline the recommendation, a statement of such declination must be obtained from the client over his signature. Medical waivers that are a part of purchase agreements must be in a separate section, which must be signed by the client indicating the client's understanding of the medical waiver. A separate, additional client signature space must be provided in all purchase agreements for the client to sign acknowledging the client's understanding of the purchase terms and conditions established by 18VAC80-20-200.

Fully informed adult patients (18 years of age or older) may waive the medical evaluation.
The hearing aid specialist is prohibited from actively encouraging a prospective user to waive a medical examination.

C. The information provided in subsection A of this section must be made a part of the client's record kept by the hearing aid specialist.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from VR375-01-02 § 5.8, eff. December 4, 1989; amended, Virginia Register Volume 7, Issue 11, eff. March 27, 1991; Volume 8, Issue 6, eff. January 15, 1992; Volume 11, Issue 22, eff. August 23, 1995; Volume 19, Issue 24, eff. October 1, 2003; Volume 42, Issue 7, eff. December 29, 2025.

18VAC80-20-250 Testing procedures

It is the duty of each licensee and holder of a temporary permit engaged in the fitting and sale of hearing aids to use appropriate testing procedures for each hearing aid fitting. All tests and case history information must be retained in the records of the specialist. The established requirements are:

Air conduction tests are to be made on every client using standard frequencies of 500-1000-2000-4000-6000-8000 Hertz. Intermediate frequencies must be tested if the threshold difference between octaves exceeds 15dB. Appropriate masking must be used if the difference between the two ears is 40 dB or more at any one frequency.
Bone conduction tests are to be made on every client using standard frequencies at 500-1000-2000-4000 Hertz. Proper masking is to be applied if the air conduction and bone conduction readings for the test ear at any one frequency differ by 15 dB or if lateralization occurs.
Speech testings must be made before fittings and must be recorded with the type of test, method of presentation, and the test results.
The specialist must check for the following conditions and, if they are found to exist, must refer the client to a licensed physician unless the client can show that the client's present condition is under treatment or has been treated:

a. Visible congenital or traumatic deformity of the ear.

b. History of active drainage from the ear within the previous 90 days.

c. History of sudden or rapidly progressive hearing loss within the previous 90 days.

d. Acute or chronic dizziness.

e. Unilateral hearing loss.

f. Audiometric air bone gap equal to or greater than 15 dB at 500 Hertz, 1000 Hertz, and 2000 Hertz.

g. Visible evidence or significant cerumen accumulation or a foreign body in the ear canal.

h. Tinnitus as a primary symptom.

i. Pain or discomfort in the ear.

All tests must have been conducted no more than six months prior to the fitting.
Post-fitting testing must be made and recorded with type of test, method of presentation and the test results.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from VR375-01-02 § 5.9, eff. December 4, 1989; amended, Virginia Register Volume 7, Issue 11, eff. March 27, 1991; Volume 8, Issue 6, eff. January 15, 1992; Volume 11, Issue 22, eff. August 23, 1995; Volume 19, Issue 24, eff. October 1, 2003; Volume 33, Issue 9, eff. February 1, 2017; Volume 42, Issue 7, eff. December 29, 2025.

18VAC80-20-260 Calibration statement required

A. Audiometers used in testing the hearing impaired must be in calibration.

B. Calibration must be done once a year or more often, if needed.

C. A certified copy of an electronic audiometer calibration shall be maintained for three years and shall be made available to the department upon request.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from VR375-01-02 § 5.10, eff. December 4, 1989; amended, Virginia Register Volume 7, Issue 11, eff. March 27, 1991; Volume 8, Issue 6, eff. January 15, 1992; Volume 11, Issue 22, eff. August 23, 1995; Volume 19, Issue 24, eff. October 1, 2003.

18VAC80-20-270 Grounds for discipline

The board may, in considering the totality of the circumstances, fine any temporary permit holder or licensee or suspend, place on probation, revoke, or refuse to renew any temporary permit or license or deny any application issued under the provisions of Chapter 15 (§ 54.1-1500 et seq.) of Title 54.1 of the Code of Virginia and this chapter. Disciplinary procedures are governed by the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia). Any licensee is subject to board discipline for any of the following:

Improper conduct, including:

a. Obtaining, renewing, or attempting to obtain a license by false or fraudulent representation;

b. Obtaining any fee or making any sale by fraud or misrepresentation;

c. Employing to fit or sell hearing aids a person who does not hold a valid license or a temporary permit, or whose license or temporary permit is suspended;

d. Using, causing, or promoting the use of any misleading, deceptive, or untruthful advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, or any other representation, whether disseminated orally or published;

e. Representing that the service or advice of a person licensed to practice medicine or audiology will be used in the selection, fitting, adjustment, maintenance, or repair of hearing aids when that is not true, or using the words "physician," "audiologist," "clinic," "hearing service," "hearing center," or similar description of the services and products provided when such use is not accurate;

f. Directly or indirectly giving or offering to give favors, paid referrals, or anything of value to any person who in his professional capacity uses his position to influence third parties to purchase products offered for sale by a hearing aid specialist; or

g. Failing to provide expedient, reliable, or dependable services when requested by a client or client's guardian.

Failure to include on the purchase agreement a statement regarding home solicitation when required by federal and state law.
Incompetence or negligence, as those terms are generally understood in the profession, in fitting or selling hearing aids.
Failure to provide required or appropriate training resulting in incompetence or negligence, as those terms are generally understood in the profession, by a temporary permit holder under the licensee's sponsorship.
Violating or cooperating with others in violating any provisions of Chapter 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), 3 (§ 54.1-300 et seq.), or 15 (§ 54.1-1500 et seq.) of Title 54.1 of the Code of Virginia or this chapter.
The licensee, temporary permit holder, or applicant has been convicted or found guilty of any crime directly related to the practice of fitting or dealing in hearing aids, regardless of the manner of adjudication, in any jurisdiction of the United States. Except for misdemeanor marijuana convictions and misdemeanor convictions involving sexual offense or physical injury that occurred three or more years prior to the date of application, with no subsequent convictions, and all felony convictions involving sexual offense, physical injury, or drug distribution that occurred 10 or more years prior to the date of application with no subsequent convictions, all criminal convictions will be considered as part of the totality of the circumstances of each applicant. Review of prior convictions will be subject to the requirements of § 54.1-204 of the Code of Virginia. Any pleas of nolo contendere will be considered a conviction for the purpose of this subdivision. The record of a conviction authenticated in such form as to be admissible in evidence of the law of the jurisdiction where convicted will be admissible as prima facie evidence of such conviction or guilt.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from VR375-01-02 § 5.11, eff. December 4, 1989; amended, Virginia Register Volume 7, Issue 11, eff. March 27, 1991; Volume 8, Issue 6, eff. January 15, 1992; Volume 11, Issue 22, eff. August 23, 1995; Volume 19, Issue 24, eff. October 1, 2003; Volume 33, Issue 9, eff. February 1, 2017; Volume 38, Issue 4, eff. December 1, 2021; Volume 42, Issue 7, eff. December 29, 2025.

18VAC80-20-280 (Repealed.)

History

Historical Notes: Derived from VR375-01-02 § 5.12, eff. August 23, 1995; repealed, Virginia Register Volume 33, Issue 9, eff. February 1, 2017.

Chapter 30 Opticians Regulations

Part I General Definitions

18VAC80-30-10 Definitions

A. Section 54.1-1500 of the Code of Virginia provides definitions of the following terms and phrases as used in this chapter:

"Board"

"Licensed optician"

"Licensed optometrist"

"Licensed physician"

"Optician"

B. The following words and terms when used in this chapter have the following meanings, unless the context clearly indicates otherwise:

"Active practice" means engaging in the practice of opticianry.

"Apprentice" means a person at least 16 years of age who is covered by a written agreement with an employer and approved by the Virginia Apprenticeship Council.

"Contact lens endorsed optician" means any person not exempted by § 54.1-1506 of the Code of Virginia who is a Virginia licensed optician and who has received a contact lens endorsement from the board, who fits contact lenses on prescription from licensed physicians or licensed optometrists for the intended wearers.

"Department" means the Virginia Department of Professional and Occupational Regulation.

"Fit or dispense" means to measure, adapt, fit, or adjust eyeglasses, spectacles, lenses, or appurtenances to the human face, or to verify the prescription to be correct in the prescription eyeglasses or prescription optical devices.

"Opticianry" means the personal health service that is concerned with the art and science of ophthalmic optics as applied to the compounding, filling, and adaptations of ophthalmic prescriptions, products, and accessories.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Former 18VAC100-20-5 derived from Virginia Register Volume 17, Issue 9, eff. March 1, 2001; amended and renumbered as 18VAC80-30-10, Virginia Register Volume 28, Issue 23, eff. August 15, 2012; Errata, 35:19 VA.R. 2306 May 13, 2019; amended, Virginia Register Volume 42, Issue 8, eff. January 1, 2026.

Part II Entry Requirements

18VAC80-30-20 Qualifications of applicant

An applicant for a license must furnish satisfactory evidence on an application provided by the board establishing that:

The applicant is at least 18 years of age;
The applicant is a graduate of an accredited high school, has completed the equivalent of grammar school and a four-year high school course, or is a holder of a certificate of general educational development;
The applicant is in good standing as a licensed optician in every jurisdiction where licensed. The applicant must disclose to the board at the time of application for licensure any disciplinary action taken in Virginia and all other jurisdictions in connection with the applicant's practice as an optician. This includes monetary penalties, fines, suspensions, revocations, surrender of a license in connection with a disciplinary action, or voluntary termination of a license.

Upon review of the applicant's prior disciplinary action, the board, in its discretion, may deny licensure to any applicant who the board deems unfit or unsuited to engage in opticianry. The board will decide each case by taking into account the totality of the circumstances. Any plea of nolo contendere or comparable plea will be considered a disciplinary action for the purposes of this section. The applicant must provide a certified copy of a final order, decree, or case decision by a court, regulatory agency, or board with the lawful authority to issue such order, decree, or case decision, and such copy will be admissible as prima facie evidence of such disciplinary action;

In accordance with § 54.1-204 of the Code of Virginia, each applicant must disclose the following information regarding criminal convictions in Virginia and all other jurisdictions:

a. Misdemeanor convictions involving sexual offense or physical injury that occurred within three years of the date of application; and

b. Felony convictions involving sexual offense, physical injury, drug distribution, or felony convictions involving the profession of opticianry.

The record of a conviction authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted is admissible as prima facie evidence of such conviction or guilt. The board has the authority to determine, based upon all the information available, including the applicant's record of prior convictions, if the applicant is unfit or unsuited to engage in the profession of opticianry;

The applicant has successfully completed one of the following education requirements:

a. A board-approved two-year course in a school of opticianry, including the study of topics essential to qualify for practicing as an optician; or

b. A two-year apprenticeship, including all required related technical instruction, while registered in the apprenticeship program in accordance with the standards established by the state Department of Workforce Development and Advancement, Division of Registered Apprenticeship, and approved by the board;

The applicant has disclosed the applicant's current mailing address and email address. A post office box may be provided as a secondary mailing address;
The nonresident applicant for a license has filed and maintained with the department an irrevocable consent for the director of the department to serve as service agent for all actions filed in any court in the Commonwealth; and
The applicant must certify, as part of the application, that the applicant has read and understands Chapter 15 (§ 54.1-1500 et seq.) of Title 54.1 of the Code of Virginia and the regulations of the board.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Former 18VAC100-20-10 derived from VR505-01-1:1 § 1.1, eff. November 1, 1991; amended, Virginia Register Volume 14, Issue 4, eff. December 29, 1997; Volume 15, Issue 26, eff. November 1, 1999; Volume 17, Issue 9, eff. March 1, 2001; amended and renumbered as 18VAC80-30-20, Virginia Register Volume 28, Issue 23, eff. August 15, 2012; Volume 35, Issue 12, eff. April 1, 2019; Volume 38, Issue 1, eff. October 14, 2021; Volume 38, Issue 4, eff. December 1, 2021; Errata, 38:6 VA.R. 752 November 8, 2021; amended, Virginia Register Volume 42, Issue 8, eff. January 1, 2026.

18VAC80-30-30 Licensure by endorsement

A. Every applicant for Virginia licensure through endorsement who is currently licensed as an optician in good standing in another jurisdiction must provide information upon application establishing that the requirements and standards under which the license was issued are substantially equivalent to and not in conflict with the provisions of this chapter. The applicant must file the application for endorsement and pay a fee to the board.

B. The board, using the following standards, will issue a license to any person licensed in another state who:

Has met requirements equivalent to those listed in subdivisions A 1 through A 5 of 18VAC 80-30-20; and
Has passed a substantially equivalent examination.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Former 18VAC100-20-50 derived from VR505-01-1:1 § 1.5, eff. November 1, 1991; amended, Virginia Register Volume 14, Issue 4, eff. December 29, 1997; Volume 15, Issue 26, eff. November 1, 1999; Volume 17, Issue 9, eff. March 1, 2001; amended and renumbered as 18VAC80-30-30, Virginia Register Volume 28, Issue 23, eff. August 15, 2012; amended, Virginia Register Volume 42, Issue 8, eff. January 1, 2026.

18VAC80-30-40 (Repealed.)

History

Historical Notes: Former 18VAC100-20-53 derived from Virginia Register Volume 21, Issue 20, eff. August 1, 2005; amended and renumbered as 18VAC80-30-40, Virginia Register Volume 28, Issue 23, eff. August 15, 2012; repealed, Virginia Register Volume 42, Issue 8, eff. January 1, 2026.

18VAC80-30-50 Fees

A. The fee for examination will be the appropriate contract charges to the board by an outside vendor. Examination service contracts will be established in compliance with the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia). The total examination fee will not exceed the cost of $1,000 to the applicant.

B. All application fees for licenses are nonrefundable and the date of receipt by the board or its agent is the date used to determine whether the fee is on time.

C. Application fees must be submitted with the application for licensure.

The following fees apply:

| FEE TYPE | AMOUNT DUE | WHEN DUE | | --- | --- | --- | | Application for licensure | $100 | With application | | Application for contact lens certification | $100 | With application | | Renewal | $100 | Up to the expiration date on the license with a 30-day grace period | | Late renewal (includes renewal fee) | $125 | Between 30 and 60 days after the expiration date on the license | | Reinstatement (includes renewal and late renewal fees) | $225 | After 60 days following the expiration date on the license |

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Former 18VAC100-20-54 derived from Virginia Register Volume 17, Issue 9, eff. March 1, 2001; amended, Virginia Register Volume 21, Issue 20, eff. August 1, 2005; Errata 21:23 VA.R. 3311 July 25, 2005; amended and renumbered as 18VAC80-30-50, Virginia Register Volume 28, Issue 23, eff. August 15, 2012; amended, Virginia Register Volume 42, Issue 8, eff. January 1, 2026.

18VAC80-30-60 Examinations

A. All examinations required for licensure must be approved by the board and administered by the board or its agents or employees acting on behalf of the board.

B. The board will schedule an examination to be held at least twice each calendar year.

C. The applicant must follow all rules established by the board with regard to conduct at an examination. Such rules include any written instructions communicated prior to the examination date and any instructions communicated at the site, either written or oral, on the date of the examination. Failure to comply with all rules established by the board with regard to conduct at an examination will be grounds for denial of application.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Former 18VAC100-20-55 derived from Virginia Register Volume 17, Issue 9, eff. March 1, 2001; amended and renumbered as 18VAC80-30-60, Virginia Register Volume 28, Issue 23, eff. August 15, 2012; amended, Virginia Register Volume 42, Issue 8, eff. January 1, 2026.

18VAC80-30-70 Content of optician examination and reexamination

A. Applicants for licensure must pass a written examination and a practical examination approved by the board. An applicant must pass the written and practical examination within two years of the initial test date. After two years, the applicant must file a new application and pay the required fee. Any applicant who fails the written or practical examination will be required to be reexamined on the failed examination and pay the reexamination fee.

B. The optician examination given by the board will include the following topics:

Ophthalmic materials;
Ophthalmic optics and equipment;
Ophthalmic spectacle lens grinding;
Prescription interpretation;
Theory of light;
Finishing, fitting, and adjusting of eyeglasses and frames;
Ethics of relationship in respect to patient and physician or optometrist;
Anatomy and physiology; and
Applicable laws and regulations.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Former 18VAC100-20-56 derived from Virginia Register Volume 17, Issue 9, eff. March 1, 2001; amended and renumbered as 18VAC80-30-70, Virginia Register Volume 28, Issue 23, eff. August 15, 2012; amended, Virginia Register Volume 42, Issue 8, eff. January 1, 2026.

18VAC80-30-80 Endorsement to fit contact lenses

The board will administer a contact lens examination to fit contact lenses. The "Contact Lens" endorsement will be mandatory for licensed opticians to fit contact lenses as set out in §§ 54.1-1508 and 54.1-1509 of the Code of Virginia, and the contact lens endorsement will not be issued unless the individual's license is in good standing.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Former 18VAC100-20-60 derived from VR505-01-1:1 § 1.6, eff. November 1, 1991; amended, Virginia Register Volume 15, Issue 26, eff. November 1, 1999; Volume 17, Issue 9, eff. March 1, 2001; amended and renumbered as 18VAC80-30-80, Virginia Register Volume 28, Issue 23, eff. August 15, 2012; amended, Virginia Register Volume 42, Issue 8, eff. January 1, 2026.

18VAC80-30-90 Content of contact lens endorsement examination and reexamination

A. The contact lens endorsement examination administered by the board will include the following topics:

Rigid lens verification;
Lens identification;
Keratometry;
Slit lamp;
Slides (fitting patterns, edge patterns, quality stains); and
Insertion and removal.

B. An applicant must pass the written and practical examination approved by the board within two years of the initial test date. After two years, the applicant must file a new application and pay the required fee.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Former 18VAC100-20-65 derived from Virginia Register Volume 17, Issue 9, eff. March 1, 2001; amended and renumbered as 18VAC80-30-90, Virginia Register Volume 28, Issue 23, eff. August 15, 2012; amended, Virginia Register Volume 42, Issue 8, eff. January 1, 2026.

Part III Renewal

18VAC80-30-100 License renewal required

A. Licenses issued under this chapter will expire 24 months from the last day of the month in which the license was issued.

B. The board will send a renewal notice to the licensee. Failure to receive this notice does not relieve the licensee of the obligation to renew. Prior to the expiration date shown on the license, each licensee desiring to renew a license must return the appropriate fee to the board as outlined in 18VAC80-30-50.

C. Any licensee who fails to renew within 30 days after the license expires must pay a late renewal fee, in addition to the renewal fee, as set out in 18VAC80-30-50.

D. The board, in its discretion and for just cause, may deny renewal of a license. Before such denial, the applicant for renewal may request that a proceeding be held in accordance with the provision of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Former 18VAC100-20-70 derived from VR505-01-1:1 § 2.1, eff. November 1, 1991; amended, Virginia Register Volume 14, Issue 4, eff. December 29, 1997; Volume 15, Issue 26, eff. November 1, 1999; Volume 17, Issue 9, eff. March 1, 2001; amended and renumbered as 18VAC80-30-100, Virginia Register Volume 28, Issue 23, eff. August 15, 2012; amended, Virginia Register Volume 42, Issue 8, eff. January 1, 2026.

Part IV Reinstatement

18VAC80-30-110 Reinstatement required

A. If a licensee fails to renew a license within 60 days after the expiration date on the license, the licensee must apply for reinstatement on a form provided by the board.

Individuals applying for reinstatement must continue to meet the standards of entry as set out in subdivisions 3 and 4 of 18VAC80-30-20.
Individuals applying for reinstatement must submit the required fee as set out in 18VAC80-30-50.

B. Twenty-four months after the expiration of the license, the individual may be reinstated if the individual can show proof of continuous, active, ethical, and legal practice outside of Virginia. If not, the individual must show proof of completion of a board-approved review course that measures current competence. Credit will not be allowed for any reinstatement course that has not been approved by the board prior to administration of the course.

C. Sixty months after the expiration of the license, the individual who cannot show proof of continuous, active, ethical, and legal practice outside of Virginia will be required to apply as a new applicant for licensure. The individual will be required to meet all current education requirements and retake the board's written and practical examinations.

D. The board, in its discretion and for just cause, may deny reinstatement of a license. Before such denial, the applicant for reinstatement may request that a proceeding be held in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

E. A licensee who reinstates a license will be regarded as having been continually licensed without interruption. Therefore, the licensee will remain under the disciplinary authority of the board during the entire period and may be held accountable for the licensee's activities during this period. Nothing in this chapter divests the board of its authority to discipline a licensee for a violation of the law or regulations during the period of licensure as set out in this provision.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Former 18VAC100-20-81 derived from Virginia Register Volume 17, Issue 9, eff. March 1, 2001; amended, Virginia Register Volume 21, Issue 20, eff. August 1, 2005; amended and renumbered as 18VAC80-30-110, Virginia Register Volume 28, Issue 23, eff. August 15, 2012; amended, Virginia Register Volume 42, Issue 8, eff. January 1, 2026.

18VAC80-30-120 Lenses and frames standards

A. Power Tolerance for single vision and multifocal lenses (diopters).

| Sphere: Plano to ±6.50 | ± 0.13 diopter | | --- | --- | | Stronger than ±-6.50 | ±2.0% | | Cylinder: Plano to -2.00 | ± 0.13 diopter | | > -2.00 to -4.50 | ± 0.15 diopter | | Greater than -4.50 | ±4.0% |

B. Power tolerance for progressive addition lenses (diopters).

| Sphere: Plano to ±8.00 | ±0.16 diopter | | --- | --- | | Stronger than ±8.00 | ±2.0% | | Cylinder: Plano to -2.00 | ±0.16 diopter | | > -2.00 to -3.50 | ±0.18 diopter | | Greater than -3.50 | ±5.0% |

C. Cylinder axis.

| Cyl. Power Diopters | Degrees | | --- | --- | | -0.12 to -0.25 | ±14° | | >-0.25 to -0.50 | ±7.0° | | >-0.50 to -0.75 | ±5.0° | | >-0.75 to -1.50 | ±3.0° | | Greater than -1.50 | ±2.0° |

D. Prism reference point location and power tolerances. The prismatic power measured at the prism reference point should not exceed 1/3 prism diopters or the prism reference point shall not be more than 1.0 mm away from its specified position in any direction.

E. Prismatic imbalance tolerance in mounted single vision and multifocal eyewear.

| Refractive Power | Tolerance | | --- | --- | | Plano to ±3.375D | No more than 0.33 prism diopters vertically | | Greater than ±3.375D | No more than 1.0 mm difference in height of PRP | | Plano to ±2.75D | No more than 0.67 prism diopters horizontally | | Greater than ±2.75D | No more than 2.5 mm from specified interpupillary distance |

F. Prismatic imbalance tolerance in mounted progressive addition lens eyewear.

| Refractive Power | Tolerance | | --- | --- | | Plano to ±3.375D | No more than 0.33 prism diopters vertically | | Greater than ±3.375D | No more than 1.0 mm difference in height of PRP | | Plano to ±3.375D | No more than 0.67 prism diopters horizontally | | Greater than ±3.375D | No more than 1.0 mm from specified monocular pupillary distance |

G. Segment and fitting cross vertical location and segment tilt.

| Multifocals: | Tolerance | | --- | --- | | Segment height for each lens | ±-1.0 mm | | Difference between segments heights in mounted pair | ±1.0 mm | | Progressive Addition Lenses: | | | Fitting Cross height for each lens | ±1.0 mm | | Difference between fitting cross heights in mounted pair | ±1.0 mm | | Horizontal tilt for each lens using permanent reference markings | ±2.0 degrees |

H. Multifocal and Progressive Addition Lens Addition Power Tolerances.

| Nominal Value of Addition Power | 0.00 to ±4.00D | +4.00D and above | | --- | --- | --- | | Tolerance on Addition Power | ±0.12 | ±0.18 |

I. Base curve tolerance. When specified, the base curve should be supplied within ±0.75 diopter.

J. Center thickness tolerance. When specified, the center thickness should be within ±0.3 mm measured at the prism reference point of the convex surface.

K. Localized errors (aberration). Areas outside a 30mm diameter from the distance reference point or within 6mm from the edge need not be tested for local power errors or aberrations. Progressive addition lenses are exempt from this requirement.

L. Prescription dress eyewear impact resistance. All lenses must conform to the impact resistance requirements of 21 CFR 801.410.

M. Axis of polarization. The actual plan of transmittance shall be at 90 ± 3.0 degrees from the intended direction of horizontal orientation of polarization marking.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Former 18VAC100-20-85 derived from Virginia Register Volume 17, Issue 9, eff. March 1, 2001; amended and renumbered as 18VAC80-30-120, Virginia Register Volume 28, Issue 23, eff. August 15, 2012; amended, Virginia Register Volume 42, Issue 8, eff. January 1, 2026.

18VAC80-30-130 Contact lens standards

To fit contact lenses, the following must be done:

The prescription (RX) must show evidence that contact lenses may be worn by the patient before the prescription can be filled by the contact lens endorsed optician. Verbal approval from the optometrist or ophthalmologist or agents or employees of the optometrist or ophthalmologist is acceptable. The contact lens endorsed optician must make a notation in the patient's record of the name of the authorizing optometrist or ophthalmologist and the date of the authorization.
The optician must use all the following to fit contact lenses:

a. Slit Lamp;

b. Keratometer and topographer; and

c. Standardized Snellen type acuity chart.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Former 18VAC100-20-87 derived from Virginia Register Volume 17, Issue 9, eff. March 1, 2001; amended and renumbered as 18VAC80-30-130, Virginia Register Volume 28, Issue 23, eff. August 15, 2012; amended, Virginia Register Volume 42, Issue 8, eff. January 1, 2026.

18VAC80-30-140 Display of license

Every person to whom a current license has been granted under this chapter must visibly display the unaltered license in a conspicuous place in plain view of the public in the principal office in which the person works. A clear and legible copy of the license must be posted in any branch offices.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Former 18VAC100-20-90 derived from VR505-01-1:1 § 3.1, eff. November 1, 1991; amended, Virginia Register Volume 17, Issue 9, eff. March 1, 2001; amended and renumbered as 18VAC80-30-140, Virginia Register Volume 28, Issue 23, eff. August 15, 2012; amended, Virginia Register Volume 42, Issue 8, eff. January 1, 2026.

18VAC80-30-150 Notification of change of address or name

Notice in writing must be given to the board in the event of any change of name, mailing address, or email address. Such notice must be submitted to the board within 60 days of the change of name or address. The board will not be responsible for the licensee's failure to receive notices, communications, and correspondence caused by the licensee's failure to promptly notify the board in writing of any change of name or address.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Former 18VAC100-20-100 derived from VR505-01-1:1 § 3.2, eff. November 1, 1991; amended, Virginia Register Volume 17, Issue 9, eff. March 1, 2001; amended and renumbered as 18VAC80-30-150, Virginia Register Volume 28, Issue 23, eff. August 15, 2012; amended, Virginia Register Volume 42, Issue 8, eff. January 1, 2026.

18VAC80-30-160 Grounds for disciplinary action

A. The board is empowered to revoke, suspend, or refuse to grant or renew a license and is empowered to impose a fine up to the statutory limit, as authorized under § 54.1-202 of the Code of Virginia, per violation on a licensee for any of the following reasons:

Displaying professional incompetence or negligence, including failure to comply with this chapter in the performance of opticianry;
Presenting false or fraudulent information on an application certifying possession of the qualifications required under 18VAC80-30-20;
Violating or inducing others to violate any provisions of Chapter 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), 3 (§ 54.1-300 et seq.), or 15 (§ 54.1-1500 et seq.) of Title 54.1 of the Code of Virginia, any other statute applicable to the practice of the profession regulated by this chapter, or any provisions of this chapter;
Publishing or causing to be published any advertisement related to opticianry that is false, deceptive, or misleading;
Having been convicted in any jurisdiction of a misdemeanor involving sexual offense or physical injury in the last three years or a felony involving sexual offense, physical injury, drug distribution, or crimes involving the profession of opticianry. The board has the authority to determine, based upon all the information available, including the applicant's record of prior convictions, if the applicant is unfit or unsuited to engage in the profession of opticianry;
Having been disciplined by another jurisdiction in the practice of opticianry. Documentary evidence of such discipline must be submitted by the licensee to the board within 10 days after all appeal rights have expired; or
Allowing any person to engage in the practice of opticianry, except an optician apprentice or student enrolled in a course in a school of opticianry under the direct supervision of a licensed optician.

B. A finding of improper or dishonest conduct in the practice of the profession by a court of competent jurisdiction is cause for disciplinary action.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Former 18VAC100-20-110 derived from VR505-01-1:1 § 3.3, eff. November 1, 1991; amended, Virginia Register Volume 17, Issue 9, eff. March 1, 2001; amended and renumbered as 18VAC80-30-160, Virginia Register Volume 28, Issue 23, eff. August 15, 2012; amended, Virginia Register Volume 38, Issue 4, eff. December 1, 2021; Volume 42, Issue 8, eff. January 1, 2026.

18VAC80-30-170 Accountability of licensee

A licensee is responsible for the licensee's acts or omissions and for the acts of the licensee's agents or employees or the licensee's staff in the performance of opticianry services.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Former 18VAC100-20-120 derived from Virginia Register Volume 17, Issue 9, eff. March 1, 2001; amended and renumbered as 18VAC80-30-170, Virginia Register Volume 28, Issue 23, eff. August 15, 2012; amended, Virginia Register Volume 42, Issue 8, eff. January 1, 2026.

18VAC80-30-180 Board-approved reinstatement courses

A. Reinstatement courses set out in this chapter must be approved by the board, except those provided by institutions, schools, and universities approved by the State Council of Higher Education for Virginia. Reinstatement courses requiring board approval must be approved by the board in accordance with the provisions of this section prior to commencing.

B. The board will consider the following information, to be submitted by the instructor, institution, school, or university on forms provided by the board at least 45 days prior to the scheduled training activity:

Course information.

a. Course title;

b. Planned audience;

c. Name of sponsor;

d. Name, address, and telephone number of contact person;

e. Schedule presentation dates;

f. Detailed, hour-by-hour course schedule;

g. List of planned breaks;

h. Scheduled presentation location; and

i. Relevance of course to opticianry licensing topics listed in 18VAC80-30-70.

Instructor qualifications.

a. Name of instructor;

b. Title of instructor; and

c. Summary of qualifications to teach this course.

Training materials.

a. Course objectives -- A listing of the course objectives stated in terms of the skills, knowledge, or attitude the participant will be able to demonstrate as a result of the training;

b. Course outline -- A detailed outline showing the planned activities that will occur during the training program, including major topics, planned presentation sequence, laboratory and field activities, audio-visual presentations, and other major activities;

c. Course reference materials -- A list of the name, publisher, and publication date for commercially available publications; for reference materials developed by the course sponsor or available exclusively through the course, a copy of the reference materials;

d. Audio-visual support materials -- A listing of any commercially available audio-visual support material that will be used in the program; a brief description of any sponsor-generated or instructor-generated audio-visual material that will be used; and

e. Handouts -- Identification of all commercially available handout material that will be used; copies of all other planned handouts.

Determination of successful completion. A description of the means that will be used to determine the successful completion of the training program by individual attendees, such as examinations, projects, personal evaluations by the instructor, or other recognized evaluation techniques.

C. Recurring training programs. If there are plans to present the same course of instruction routinely at multiple locations with only minor modifications and changes, the board may approve the overall program rather than individual presentations if requested by the sponsor.

The board will consider all of the information listed in subsection B of this section, except those items related to specific offerings of the course.
Board approval may be granted for a specific period of time.
Board approval will apply only to those specific offerings certified by the sponsoring organization as having been conducted by instructors meeting the established criteria and in accordance with the board-approved courses, outlines, and objectives.
To maintain approval of the program, changes made to the program since initial approval must be submitted to the board for review and approval. Changes must be approved by the board prior to any training.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Former 18VAC100-20-130 derived from Virginia Register Volume 17, Issue 9, eff. March 1, 2001; amended and renumbered as 18VAC80-30-180, Virginia Register Volume 28, Issue 23, eff. August 15, 2012; amended, Virginia Register Volume 42, Issue 8, eff. January 1, 2026.

18VAC80-30-190 Criteria for related technical instruction

A. Related technical instruction courses for optician apprenticeships set out in this chapter must be approved by the board. Training institutions must meet the following criteria for related technical instruction.

Course Information. The curriculum must, at a minimum, teach to the American Board of Opticianry – National Contact Lens Examiners (ABO - NCLE) National Opticianry Competency Examination (NOCE) Content Outline and Test Specifications (https://www.abo-ncle.org/ABONCLE/ABONCLE/Exams/Basic-Exams.aspx).
Training Material.

a. Course objectives: a listing of the course objectives stated in terms of the skills, knowledge, or aptitude the participant will be able to demonstrate as a result of the instruction;

b. Course description: a detailed description showing the major topics, planned presentation sequence, activities, audio-visual presentations, and other major activities;

c. Required course materials: a list of the name, publisher, and publication date for commercially available publications or, for reference materials developed by the program or available exclusively through the course, a copy of the reference material to be used by the participant; and

d. Modality of instruction.

Evidence satisfactory to the board that the related technical instruction meets the minimum of 144 hours for each year of the two-year apprenticeship.
List of references used in course content development.
List of individuals, including qualifications, used in course content development.
List of review criteria used to ensure course content is current with ABO-NCLE NOCE Content Outline and Test Specifications.
A description of the means that will be used to determine the successful completion of the related technical instruction program by individuals, such as examinations, projects, personal evaluations, or other recognized evaluation techniques.

B. To maintain approval of the program, the curriculum must be submitted to the board for review and approval:

Every five years; or
Thirty days prior to any substantive changes to the requirements found in subsection A of this section.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 1, 2026.

Agency 85 Board of Medicine

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

18VAC85-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Board of Medicine. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008.

18VAC85-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Board of Medicine, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008.

Part II Notification of Interested Persons

18VAC85-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008.

18VAC85-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 18VAC85-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008.

Part III Public Participation Procedures

18VAC85-11-50 Public comment

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008; amended, Virginia Register Volume 33, Issue 5, eff. December 16, 2016.

18VAC85-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008.

18VAC85-11-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008.

18VAC85-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008.

18VAC85-11-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008.

18VAC85-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008.

18VAC85-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008.

Chapter 20 Regulations Governing the Practice of Medicine, Osteopathic Medicine, Podiatry, and Chiropractic

Part I General Provisions

18VAC85-20-10 Definitions

A. The following words and terms when used in this chapter shall have the meanings ascribed to them in § 54.1-2900 of the Code of Virginia:

Board

Healing arts

Practice of chiropractic

Practice of medicine or osteopathic medicine

Practice of podiatry

B. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Approved institution" means any accredited school or college of medicine, osteopathic medicine, podiatry, or chiropractic located in the United States, its territories, or Canada.

"Principal site" means the location in a foreign country where teaching and clinical facilities are located.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR465-02-1 § 1.1, eff. January 18, 1989; amended, Virginia Register Volume 6, Issue 4, eff. December 20, 1989; Volume 6, Issue 8, eff. February 14, 1990; Volume 6, Issue 26, eff. October 24, 1990; Volume 7, Issue 26, eff. October 23, 1991; Volume 10, Issue 9, eff. February 23, 1994; Volume 10, Issue 24, eff. September 21, 1994; Volume 13, Issue 3, eff. November 27, 1996; Volume 14, Issue 21, eff. August 5, 1998; Volume 20, Issue 10, eff. February 25, 2004; Volume 38, Issue 10, eff. February 2, 2022; Volume 41, Issue 11, eff. February 27, 2025.

18VAC85-20-20 (Repealed.)

History

Historical Notes: Derived from VR465-02-1 § 1.2, eff. January 18, 1989; amended, Virginia Register Volume 6, Issue 4, eff. December 20, 1989; Volume 6, Issue 8, eff. February 14, 1990; Volume 6, Issue 26, eff. October 24, 1990; Volume 7, Issue 26, eff. October 23, 1991; Volume 10, Issue 9, eff. February 23, 1994; Volume 10, Issue 24, eff. September 21, 1994; Volume 14, Issue 21, eff. August 5, 1998; repealed, Virginia Register Volume 41, Issue 11, eff. February 27, 2025.

18VAC85-20-21 Current addresses

Each licensee shall furnish the board his current address of record. All notices required by law or by this chapter to be given by the board to any such licensee shall be validly given when sent to the latest address of record given by the licensee. Any change in the address of record or the public address, if different from the address of record, shall be furnished to the board within 30 days of such change.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 14, Issue 21, eff. August 5, 1998; amended, Virginia Register Volume 25, Issue 23, eff. August 19, 2009; Volume 35, Issue 12, eff. March 22, 2019.

18VAC85-20-22 Required fees

A. Unless otherwise provided, fees established by the board shall not be refundable.

B. All examination fees shall be determined by and made payable as designated by the board.

C. The application fee for licensure in medicine, osteopathic medicine, and podiatry shall be $302, and the fee for licensure in chiropractic shall be $277.

D. The fee for a temporary authorization to practice medicine pursuant to clauses (i) and (ii) of § 54.1-2927 B of the Code of Virginia shall be $25.

E. The application fee for a limited professorial or fellow license issued pursuant to 18VAC85-20-210 shall be $55. The annual renewal fee shall be $35. For renewal of a limited professorial or fellow license in 2020, the fee shall be $30. An additional fee for late renewal of licensure shall be $15.

F. The application fee for a limited license to interns and residents pursuant to 18VAC85-20-220 shall be $55. The annual renewal fee shall be $35. For renewal of a limited license to interns and residents in 2020, the fee shall be $30. An additional fee for late renewal of licensure shall be $15.

G. The fee for a duplicate wall certificate shall be $15. The fee for a duplicate license shall be $5.00.

H. The fee for biennial renewal shall be $337 for licensure in medicine, osteopathic medicine, and podiatry and $312 for licensure in chiropractic, due in each even-numbered year in the licensee's birth month. An additional fee for processing a late renewal application within one renewal cycle shall be $115 for licensure in medicine, osteopathic medicine, and podiatry and $105 for licensure in chiropractic. For renewal of licensure in 2020, the fee shall be $270 for licensure in medicine, osteopathic medicine, and podiatry and $250 for licensure in chiropractic.

I. The fee for requesting reinstatement of licensure or certification pursuant to § 54.1-2408.2 of the Code of Virginia or for requesting reinstatement after any petition to reinstate the certificate or license of any person has been denied shall be $2,000.

J. The fee for reinstatement of a license issued by the Board of Medicine pursuant to § 54.1-2904 of the Code of Virginia that has expired for a period of two years or more shall be $497 for licensure in medicine, osteopathic medicine, and podiatry ($382 for reinstatement application in addition to the late fee of $115) and $472 for licensure in chiropractic ($367 for reinstatement application in addition to the late fee of $105). The fee shall be submitted with an application for licensure reinstatement.

K. The fee for a letter of verification of licensure shall be $10, and the fee for certification of grades to another jurisdiction by the board shall be $25.

L. The fee for biennial renewal of an inactive license shall be $168, due in the licensee's birth month. An additional fee for late renewal of licensure shall be $55 for each renewal cycle. For renewal of an inactive license in 2020, the fee shall be $135.

M. The fee for an application or for the biennial renewal of a restricted volunteer license shall be $75, due in the licensee's birth month. An additional fee for late renewal of licensure shall be $25 for each renewal cycle. For renewal of a restricted volunteer license in 2020, the fee shall be $60.

N. The handling fee for a returned check or a dishonored credit card or debit card shall be $50.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 14, Issue 21, eff. August 5, 1998; amended, Virginia Register Volume 16, Issue 4, eff. December 8, 1999; Volume 16, Issue 13, eff. April 12, 2000; Volume 16, Issue 21, eff. August 2, 2000; Volume 20, Issue 10, eff. February 25, 2004; Volume 20, Issue 20, eff. July 14, 2004; Volume 22, Issue 9, eff. February 8, 2006; Volume 24, Issue 11, eff. March 5, 2008; Volume 24, Issue 14, eff. April 16, 2008; Volume 29, Issue 4, eff. November 21, 2012; Volume 29, Issue 26, eff. September 25, 2013; Volume 32, Issue 9, eff. January 27, 2016; Volume 34, Issue 7, eff. December 27, 2017; Volume 34, Issue 16, eff. May 2, 2018; Volume 36, Issue 1, eff. October 2, 2019; Volume 36, Issue 11, eff. March 5, 2020.

Part II Standards of Professional Conduct

18VAC85-20-25 Treating and prescribing for self or family

A. Treating or prescribing shall be based on a bona fide practitioner-patient relationship, and prescribing shall meet the criteria set forth in § 54.1-3303 of the Code of Virginia.

B. A practitioner shall not prescribe a controlled substance to himself or a family member, other than Schedule VI as defined in § 54.1-3455 of the Code of Virginia, unless the prescribing occurs in an emergency situation or in isolated settings where there is no other qualified practitioner available to the patient, or it is for a single episode of an acute illness through one prescribed course of medication.

C. When treating or prescribing for self or family, the practitioner shall maintain a patient record documenting compliance with statutory criteria for a bona fide practitioner-patient relationship.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005.

18VAC85-20-26 Patient records

A. Practitioners shall comply with the provisions of § 32.1-127.1:03 of the Code of Virginia related to the confidentiality and disclosure of patient records.

B. Practitioners shall provide patient records to another practitioner or to the patient or the patient's personal representative in a timely manner in accordance with provisions of § 32.1-127.1:03 of the Code of Virginia.

C. Practitioners shall properly manage patient records and shall maintain timely, accurate, legible, and complete patient records.

D. Practitioners shall maintain a patient record for a minimum of six years following the last patient encounter with the following exceptions:

Records of a minor child, including immunizations, shall be maintained until the child reaches 18 years of age or becomes emancipated, with a minimum time for record retention of six years from the last patient encounter regardless of the age of the child;
Records that have previously been transferred to another practitioner or health care provider or provided to the patient or the patient's personal representative; or
Records that are required by contractual obligation or federal law to be maintained for a longer period of time.

E. Practitioners shall post information or in some manner inform all patients concerning the timeframe for record retention and destruction. Patient records shall only be destroyed in a manner that protects patient confidentiality, such as by incineration or shredding.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005; amended, Virginia Register Volume 35, Issue 24, eff. September 26, 2019; Volume 41, Issue 11, eff. February 27, 2025.

18VAC85-20-27 Confidentiality

A. A practitioner shall not willfully or negligently breach the confidentiality between a practitioner and a patient. A breach of confidentiality that is required or permitted by applicable law or beyond the control of the practitioner shall not be considered negligent or willful.

B. Unauthorized use or disclosure of confidential information received from the Prescription Monitoring Program shall be grounds for disciplinary action.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005; amended, Virginia Register Volume 26, Issue 22, eff. August 4, 2010.

18VAC85-20-28 Practitioner-patient communication; termination of relationship

A. Communication with patients.

Except as provided in § 32.1-127.1:03 F of the Code of Virginia, a practitioner shall accurately inform a patient or the patient's legally authorized representative of the patient's medical diagnoses, prognosis, and prescribed treatment or plan of care in understandable terms. No practitioner shall deliberately make a false or misleading statement regarding the practitioner's skill or the efficacy or value of a medication, treatment, or procedure prescribed or directed by the practitioner in the treatment of any disease or condition.
Before surgery or any invasive procedure is performed, informed consent shall be obtained from the patient in accordance with the policies of the health care entity. Practitioners shall inform patients of the risks, benefits, and alternatives of the recommended surgery or invasive procedure that a reasonably prudent practitioner in similar practice in Virginia would tell a patient.

a. In the instance of a minor or a patient who is incapable of making an informed decision on the patient's own behalf or is incapable of communicating such a decision due to a physical or mental disorder, the legally authorized person available to give consent shall be informed and the consent documented.

b. An exception to the requirement for consent prior to performance of surgery or an invasive procedure may be made in an emergency situation when a delay in obtaining consent would likely result in imminent harm to the patient.

c. For the purposes of this provision, "invasive procedure" means any diagnostic or therapeutic procedure performed on a patient that is not part of routine, general care and for which the usual practice within the health care entity is to document specific informed consent from the patient or surrogate decision maker prior to proceeding.

Practitioners shall adhere to requirements of § 32.1-162.18 of the Code of Virginia for obtaining informed consent from patients prior to involving them as subjects in human research with the exception of retrospective chart reviews.

B. Termination of the practitioner-patient relationship.

The practitioner or the patient may terminate the relationship. In either case, the practitioner shall make a copy of the patient record available, except in situations where denial of access is allowed by law.
Except as provided in § 54.1-2962.2 of the Code of Virginia, no practitioner shall terminate the relationship or make the practitioner's services unavailable without documented notice to the patient that allows for a reasonable time to obtain the services of another practitioner.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005; amended, Virginia Register Volume 41, Issue 11, eff. February 27, 2025.

18VAC85-20-29 Practitioner responsibility

A. No practitioner shall:

Knowingly allow subordinates to jeopardize patient safety or provide patient care outside of the subordinate's scope of practice or area of responsibility. Practitioners shall delegate patient care only to subordinates who are properly trained and supervised;
Engage in an egregious pattern of disruptive behavior or an interaction in a health care setting that interferes with patient care or could reasonably be expected to adversely impact the quality of care rendered to a patient; or
Exploit the practitioner-patient relationship for personal gain.

B. Advocating for patient safety or improvement in patient care within a health care entity shall not constitute disruptive behavior provided the practitioner does not engage in behavior prohibited by subdivision A 2 of this section.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005; amended Virginia Register Volume 35, Issue 24, eff. September 26, 2019; Volume 38, Issue 10, eff. February 2, 2022; Volume 41, Issue 11, eff. February 27, 2025.

18VAC85-20-30 Advertising ethics

No licensee of the board shall advertise information that is false, misleading, or deceptive. For an advertisement for a single practitioner, it shall be presumed that the practitioner is responsible and accountable for the validity and truthfulness of its content. For an advertisement for a practice in which there is more than one practitioner, the name of the practitioner responsible and accountable for the content of the advertisement shall be documented and maintained by the practice for at least two years.

Documentation, scientific and otherwise, supporting claims made in an advertisement shall be maintained and available for the board's review for at least two years.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR465-02-1 § 1.3, eff. January 18, 1989; amended, Virginia Register Volume 6, Issue 4, eff. December 20, 1989; Volume 6, Issue 8, eff. February 14, 1990; Volume 6, Issue 26, eff. October 24, 1990; Volume 7, Issue 26, eff. October 23, 1991; Volume 10, Issue 9, eff. February 23, 1994; Volume 10, Issue 24, eff. September 21, 1994; Volume 14, Issue 21, eff. August 5, 1998; Volume 20, Issue 10, eff. February 25, 2004; Volume 21, Issue 20, eff. July 13, 2005; Volume 22, Issue 1, eff. October 19, 2005; Volume 23, Issue 20, eff. August 25, 2007; Volume 41, Issue 11, eff. February 27, 2025.

18VAC85-20-40 (Repealed.)

History

Historical Notes: Derived from VR465-02-1 § 1.4, eff. January 18, 1989; amended, Virginia Register Volume 6, Issue 4, eff. December 20, 1989; Volume 6, Issue 8, eff. February 14, 1990; Volume 6, Issue 26, eff. October 24, 1990; Volume 7, Issue 26, eff. October 23, 1991; Volume 10, Issue 9, eff. February 23, 1994; Volume 10, Issue 24, eff. September 21, 1994; Volume 22, Issue 1, eff. October 19, 2005; repealed, Virginia Register Volume 41, Issue 11, eff. February 27, 2025.

18VAC85-20-50 (Repealed.)

History

Historical Notes: Derived from VR465-02-1 § 1.5, eff. January 18, 1989; amended, Virginia Register Volume 6, Issue 4, eff. December 20, 1989; Volume 6, Issue 8, eff. February 14, 1990; Volume 6, Issue 26, eff. October 24, 1990; Volume 7, Issue 26, eff. October 23, 1991; Volume 10, Issue 9, eff. February 23, 1994; Volume 10, Issue 24, eff. September 21, 1994; Volume 22, Issue 1, eff. October 19, 2005; repealed, Virginia Register Volume 41, Issue 11, eff. February 27, 2025.

18VAC85-20-60 (Repealed.)

Historical Notes

Derived from VR465-02-1, eff. January 18, 1989; amended, Virginia Register Volume 6, Issue 4, eff. December 20, 1989; Volume 6, Issue 8, eff. February 14, 1990; Volume 6, Issue 26, eff. October 24, 1990; Volume 7, Issue 26, eff. October 23, 1991; Volume 10, Issue 9, eff. February 23, 1994; Volume 10, Issue 24, eff. September 21, 1994; repealed, Virginia Register Volume 14, Issue 21, eff. August 5, 1998.

18VAC85-20-80 (Repealed.)

History

Historical Notes: Derived from VR465-02-1 § 1.8, eff. January 18, 1989; amended, Virginia Register Volume 6, Issue 4, eff. December 20, 1989; Volume 6, Issue 8, eff. February 14, 1990; Volume 6, Issue 26, eff. October 24, 1990; Volume 7, Issue 26, eff. October 23, 1991; Volume 10, Issue 9, eff. February 23, 1994; Volume 10, Issue 24, eff. September 21, 1994; Volume 11, Issue 25, eff. October 4, 1995; Volume 22, Issue 1, eff. October 19, 2005; repealed, Virginia Register Volume 41, Issue 11, eff. February 27, 2025.

18VAC85-20-90 (Repealed.)

History

Historical Notes: Derived from VR465-02-1 § 1.9, eff. January 18, 1989; amended, Virginia Register Volume 6, Issue 4, eff. December 20, 1989; Volume 6, Issue 8, eff. February 14, 1990; Volume 6, Issue 26, eff. October 24, 1990; Volume 7, Issue 26, eff. October 23, 1991; Volume 10, Issue 9, eff. February 23, 1994; Volume 10, Issue 24, eff. September 21, 1994; Volume 13, Issue 5, eff. December 25, 1996; Volume 22, Issue 1, eff. October 19, 2005; Volume 31, Issue 20, eff. July 16, 2015; Volume 35, Issue 24, eff. September 26, 2019; repealed, Virginia Register Volume 41, Issue 11, eff. February 27, 2025.

18VAC85-20-91 Practice and supervision of laser hair removal

A. A doctor of medicine or osteopathic medicine may perform or supervise the performance of laser hair removal upon completion of training in the following:

Skin physiology and histology;
Skin type and appropriate patient selection;
Laser safety;
Operation of laser device to be used;
Recognition of potential complications and response to any actual complication resulting from a laser hair removal treatment; and
A minimum number of 10 proctored patient cases with demonstrated competency in treating various skin types.

B. Doctors of medicine or osteopathic medicine who have been performing laser hair removal prior to August 7, 2019, are not required to complete training specified in subsection A of this section.

C. A doctor who delegates the practice of laser hair removal and provides supervision to a person other than a licensed physician assistant or licensed nurse practitioner shall ensure that such person has completed the training required in subsection A of this section.

D. A doctor who performs laser hair removal or who supervises others in the practice shall receive ongoing training as necessary to maintain competency in new techniques and laser devices. The doctor shall ensure that persons the doctor supervises also receive ongoing training to maintain competency.

E. A doctor may delegate laser hair removal to a properly trained person under the doctor's direction and supervision. Direction and supervision shall mean that the doctor is readily available at the time laser hair removal is being performed. The supervising doctor is not required to be physically present but is required to see and evaluate a patient for whom the treatment has resulted in complications prior to the continuance of laser hair removal treatment.

F. Prescribing of medication shall be in accordance with § 54.1-3303 of the Code of Virginia.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 35, Issue 23, eff. August 7, 2019.

18VAC85-20-100 Sexual contact

A. For purposes of § 54.1-2915 A 12 and A 19 of the Code of Virginia and this section, sexual contact includes, but is not limited to, sexual behavior or verbal or physical behavior that:

May reasonably be interpreted as intended for the sexual arousal or gratification of the practitioner, the patient, or both; or
May reasonably be interpreted as romantic involvement with a patient regardless of whether such involvement occurs in the professional setting or outside of it.

B. Sexual contact with a patient.

The determination of when a person is a patient for purposes of § 54.1-2915 A 19 of the Code of Virginia is made on a case-by-case basis with consideration given to the nature, extent, and context of the professional relationship between the practitioner and the person. The fact that a person is not actively receiving treatment or professional services from a practitioner is not determinative of this issue. A person is presumed to remain a patient until the patient-practitioner relationship is terminated.
The consent to, initiation of, or participation in sexual behavior or involvement with a practitioner by a patient does not change the nature of the conduct nor negate the statutory prohibition.

C. Sexual contact between a practitioner and a former patient after termination of the practitioner-patient relationship may still constitute unprofessional conduct if the sexual contact is a result of the exploitation of trust, knowledge, or influence of emotions derived from the professional relationship.

D. Sexual contact between a practitioner and a key third party shall constitute unprofessional conduct if the sexual contact is a result of the exploitation of trust, knowledge or influence derived from the professional relationship or if the contact has had or is likely to have an adverse effect on patient care. For purposes of this section, key third party of a patient means spouse or partner, parent or child, guardian, or legal representative of the patient.

E. Sexual contact between a medical supervisor and a medical trainee shall constitute unprofessional conduct if the sexual contact is a result of the exploitation of trust, knowledge or influence derived from the professional relationship or if the contact has had or is likely to have an adverse effect on patient care.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR465-02-1 § 1.10, eff. October 4, 1995; amended, Virginia Register Volume 21, Issue 20, eff. July 13, 2005; Volume 22, Issue 1, eff. October 19, 2005.

18VAC85-20-105 Refusal to provide information

A practitioner shall not willfully refuse to provide information or records as requested or required by the board or its representative pursuant to an investigation or to the enforcement of a statute or regulation.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 14, Issue 21, eff. August 5, 1998; amended, Virginia Register Volume 22, Issue 1, eff. October 19, 2005.

18VAC85-20-110 (Repealed.)

Historical Notes

Derived from VR465-02-1 § 2.1, eff. January 18, 1989; amended, Virginia Register Volume 6, Issue 4, eff. December 20, 1989; Volume 6, Issue 8, eff. February 14, 1990; Volume 6, Issue 26, eff. October 24, 1990; Volume 7, Issue 26, eff. October 23, 1991; Volume 10, Issue 9, eff. February 23, 1994; Volume 10, Issue 24, eff. September 21, 1994; Volume 11, Issue 25, eff. October 4, 1995; Volume 13, Issue 3, eff. November 27, 1996; repealed, Virginia Register Volume 14, Issue 21, eff. August 5, 1998.

Part III Licensure: General and Educational Requirements

18VAC85-20-120 Prerequisites to licensure

Every applicant for licensure shall:

Meet the educational requirements specified in 18VAC85-20-121 or 18VAC85-20-122 and the examination requirements as specified for each profession in 18VAC85-20-140;
File the complete application and appropriate fee as specified in 18VAC85-20-22 with the executive director of the board; and
File the required credentials with the executive director as specified in this subdivision:

a. Graduates of an approved institution shall file:

(1) Documentary evidence that the applicant received a degree from the institution; and

(2) A chronological record of all professional activities since graduation from professional school or the last 10 years, whichever is less.

b. Graduates of an institution not approved by an accrediting agency recognized by the board shall file:

(1) Documentary evidence of education as required by 18VAC85-20-122;

(2) A translation made and endorsed by a consul or by a professional translating service of all such documents not in the English language; and

(3) A chronological record of all professional activities since graduation from professional school or the last 10 years, whichever is less.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR465-02-1 § 2.2, eff. January 18, 1989; amended, Virginia Register Volume 6, Issue 4, eff. December 20, 1989; Volume 6, Issue 8, eff. February 14, 1990; Volume 6, Issue 26, eff. October 24, 1990; Volume 7, Issue 26, eff. October 23, 1991; Volume 10, Issue 9, eff. February 23, 1994; Volume 10, Issue 24, eff. September 21, 1994; Volume 11, Issue 25, eff. October 4, 1995; Volume 14, Issue 21, eff. August 5, 1998; Volume 20, Issue 10, eff. February 25, 2004; Volume 29, Issue 4, eff. November 21, 2012; Volume 41, Issue 11, eff. February 27, 2025.

18VAC85-20-121 Educational requirements: graduates of approved institutions

A. Such an applicant shall be a graduate of an institution that meets the criteria appropriate to the profession in which he seeks to be licensed, which are as follows:

For licensure in medicine. The institution shall be approved or accredited by the Liaison Committee on Medical Education or other official accrediting body recognized by the American Medical Association, or by the Committee for the Accreditation of Canadian Medical Schools or its appropriate subsidiary agencies or any other organization approved by the board.
For licensure in osteopathic medicine. The institution shall be approved or accredited by the American Osteopathic Association Committee on Osteopathic College Accreditation or any other organization approved by the board.
For licensure in podiatry. The institution shall be approved and recommended by the Council on Podiatric Medical Education of the American Podiatric Medical Association or any other organization approved by the board.

B. Such an applicant for licensure in medicine, osteopathic medicine, or podiatry shall provide evidence of having completed 12 months of satisfactory postgraduate training as an intern or resident in one program or institution when such a program or institution is approved by an accrediting agency recognized by the board for internship and residency training.

C. For licensure in chiropractic.

If the applicant matriculated in a chiropractic college prior to July 1, 1975, he shall be a graduate of a chiropractic college accredited by the American Chiropractic Association or the International Chiropractic Association or any other organization approved by the board.
If the applicant matriculated in a chiropractic college on or after July 1, 1975, he shall be a graduate of a chiropractic college accredited by the Commission on Accreditation of the Council of Chiropractic Education or any other organization approved by the board.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 14, Issue 21, eff. August 5, 1998; amended, Virginia Register Volume 20, Issue 10, eff. February 25, 2004; Volume 29, Issue 4, eff. November 21, 2012; Volume 32, Issue 1, eff. October 7, 2015; Volume 35, Issue 24, eff. September 16, 2019.

18VAC85-20-122 Educational requirements: graduates and former students of institutions not approved by an accrediting agency recognized by the board

A. A graduate of an institution not approved by an accrediting agency recognized by the board shall present documentary evidence that he:

Was enrolled and physically in attendance at the institution's principal site for a minimum of two consecutive years and fulfilled at least half of the degree requirements while enrolled two consecutive academic years at the institution's principal site.
Has received a degree from the institution.
Has fulfilled the applicable requirements of § 54.1-2930 of the Code of Virginia.
Has obtained a certificate from the Educational Council of Foreign Medical Graduates (ECFMG), or its equivalent. Proof of licensure by the board of another state or territory of the United States or a province of Canada may be accepted in lieu of ECFMG certification.
Has had supervised clinical training as a part of his curriculum in an approved hospital, institution, or school of medicine offering an approved residency program in the specialty area for the clinical training received or in a program acceptable to the board and deemed a substantially equivalent experience, if such training was received in the United States.
Has completed one year of satisfactory postgraduate training as an intern, resident, or clinical fellow. The one year shall include at least 12 months in one program or institution approved by an accrediting agency recognized by the board for internship or residency training or in a clinical fellowship acceptable to the board in the same or a related field.

The board may substitute continuous full-time practice of five years or more with a limited professorial license in Virginia and one year of postgraduate training in a foreign country in lieu of one year of postgraduate training.

B. A former student who has completed all degree requirements except social services and postgraduate internship at a school not approved by an accrediting agency recognized by the board shall be considered for licensure provided that he:

Has fulfilled the requirements of subdivisions A 1 and A 3 through A 6 of this section;
Has qualified for and completed an appropriate supervised clinical training program as established by the American Medical Association; and
Presents a document issued by the school certifying that he has met all the formal requirements of the institution for a degree except social services and postgraduate internship.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 14, Issue 21, eff. August 5, 1998; amended, Virginia Register Volume 19, Issue 21, eff. July 30, 2003; Volume 22, Issue 26, eff. October 4, 2006; Volume 32, Issue 1, eff. October 7, 2015; Volume 34, Issue 2, eff. October 18, 2017; Volume 35, Issue 24, eff. September 16, 2019.

18VAC85-20-130 (Repealed.)

Historical Notes

Derived from VR465-02-1 § 2.3, eff. January 18, 1989; amended, Virginia Register Volume 6, Issue 4, eff. December 20, 1989; Volume 6, Issue 8, eff. February 14, 1990; Volume 6, Issue 26, eff. October 24, 1990; Volume 7, Issue 26, eff. October 23, 1991; Volume 10, Issue 9, eff. February 23, 1994; Volume 10, Issue 24, eff. September 21, 1994; Volume 11, Issue 25, eff. October 4, 1995; repealed, Virginia Register Volume 13, Issue 3, eff. November 27, 1996.

18VAC85-20-131 Requirements to practice acupuncture

A. To be qualified to practice acupuncture, licensed doctors of medicine, osteopathic medicine, podiatry, and chiropractic shall first have obtained at least 200 hours of instruction in general and basic aspects of the practice of acupuncture, specific uses and techniques of acupuncture, and indications and contraindications for acupuncture administration. At least 50 hours of the 200 hours of instruction shall be clinical experience supervised by a person legally authorized to practice acupuncture in any jurisdiction of the United States. Persons who held a license as a physician acupuncturist prior to July 1, 2000, shall not be required to obtain the 50 hours of clinical experience.

B. The use of acupuncture as a treatment modality shall be appropriate to the doctor's scope of practice as defined in § 54.1-2900 of the Code of Virginia.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 14, Issue 21, eff. August 5, 1998; amended, Virginia Register Volume 16, Issue 21, eff. August 2, 2000; Volume 18, Issue 4, eff. December 5, 2001; Volume 20, Issue 10, eff. February 25, 2004; Volume 29, Issue 4, eff. November 21, 2012.

Part IV Licensure: Examination Requirements

18VAC85-20-140 Examinations, general

A. The Executive Director of the Board of Medicine or the executive director's designee shall review each application for licensure and in no case shall an applicant be licensed unless there is evidence that the applicant has passed an examination equivalent to the examination required by the board at the time the applicant was examined and meets all requirements of Part III (18VAC85-20-120 et seq.) of this chapter. If the executive director or the executive director's designee is not fully satisfied that the applicant meets all applicable requirements of Part III of this chapter and this part, the executive director or the executive director's designee shall refer the application to the Credentials Committee for a determination on licensure.

B. A doctor of medicine or osteopathic medicine who has passed the examination of the National Board of Medical Examiners or of the National Board of Osteopathic Medical Examiners, Federation Licensing Examination, or the United States Medical Licensing Examination, or the examination of the Licensing Medical Council of Canada or other such examinations as prescribed in § 54.1-2913.1 of the Code of Virginia may be accepted for licensure.

C. A doctor of podiatry who has passed the National Board of Podiatric Medical Examiners examination and has passed a clinical competence examination acceptable to the board may be accepted for licensure.

D. A doctor of chiropractic who has met the requirements of one of the following may be accepted for licensure:

An applicant who graduated after January 31, 1996, shall document successful completion of Parts I through IV of the National Board of Chiropractic Examiners examination (NBCE).
An applicant who graduated from January 31, 1991, to January 31, 1996, shall document successful completion of Parts I, II, and III of the National Board of Chiropractic Examiners examination (NBCE).
An applicant who graduated from July 1, 1965, to January 31, 1991, shall document successful completion of Parts I, II, and III of the NBCE, or Parts I and II of the NBCE and the Special Purpose Examination for Chiropractic (SPEC), and document evidence of licensure in another state for at least two years immediately preceding application.
An applicant who graduated prior to July 1, 1965, shall document successful completion of the SPEC and document evidence of licensure in another state for at least two years immediately preceding application.

E. Applicants who sat for the United States Medical Licensing Examination (USMLE) or the Comprehensive Osteopathic Medical Licensure Examination (COMLEX-USA) shall provide evidence of passing all steps within a 10-year period unless the applicant is board certified in a specialty approved by the American Board of Medical Specialties or the Bureau of Osteopathic Specialists of the American Osteopathic Association.

F. Applicants for licensure in podiatry shall provide evidence of having passed the National Board of Podiatric Medical Examiners Examination to be eligible to sit for the Podiatric Medical Licensing Examination (PMLEXIS) in Virginia.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR465-02-1 § 3.1, eff. January 18, 1989; amended, Virginia Register Volume 6, Issue 4, eff. December 20, 1989; Volume 6, Issue 8, eff. February 14, 1990; Volume 6, Issue 26, eff. October 24, 1990; Volume 7, Issue 26, eff. October 23, 1991; Volume 10, Issue 9, eff. February 23, 1994; Volume 10, Issue 24, eff. September 21, 1994; Volume 11, Issue 25, eff. October 4, 1995; Volume 14, Issue 21, eff. August 5, 1998; Volume 17, Issue 8, eff. January 31, 2001; Volume 20, Issue 10, eff. February 25, 2004; Volume 24, Issue 1, eff. October 17, 2007; Volume 29, Issue 4, eff. November 21, 2012; Volume 35, Issue 24, eff. September 26, 2019; Volume 41, Issue 11, eff. February 27, 2025.

18VAC85-20-141 Licensure by endorsement

To be licensed by endorsement, an applicant shall:

Hold at least one current, active license in a United States jurisdiction or Canada;
Have been engaged in active practice, defined as two out of the last five years immediately preceding application, where such practice is not required to be consecutive;
Verify that the most recent license held in another United States jurisdiction or in Canada is in good standing, defined as current and unrestricted, or if lapsed, eligible for renewal or reinstatement;
Hold current certification by one of the following:

a. American Board of Medical Specialties;

b. Bureau of Osteopathic Specialists;

c. American Board of Foot and Ankle Surgery;

d. American Board of Podiatric Medicine;

e. Fellowship of Royal College of Physicians of Canada;

f. Fellowship of the Royal College of Surgeons of Canada; or

g. College of Family Physicians of Canada;

Submit a current report from the U.S. Department of Health and Human Services National Practitioner Data Bank; and
Have no grounds for denial based on provisions of § 54.1-2915 of the Code of Virginia or regulations of the board nor any disciplinary restrictions on a current, active license.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 25, eff. September 5, 2018; amended, Virginia Register Volume 36, Issue 2, eff. November 1, 2019; Volume 38, Issue 13, eff. April 1, 2022; Volume 41, Issue 11, eff. February 27, 2025.

18VAC85-20-150 (Repealed.)

Historical Notes

Derived from VR465-02-1 § 3.2, eff. January 18, 1989; amended, Virginia Register Volume 6, Issue 4, eff. December 20, 1989; Volume 6, Issue 8, eff. February 14, 1990; Volume 6, Issue 26, eff. October 24, 1990; Volume 7, Issue 26, eff. October 23, 1991; Volume 10, Issue 9, eff. February 23, 1994; Volume 10, Issue 24, eff. September 21, 1994; Volume 11, Issue 25, eff. October 4, 1995; Volume 14, Issue 21, eff. August 5, 1998; repealed, Virginia Register Volume 20, Issue 10, eff. February 25, 2004.

18VAC85-20-160 (Repealed.)

Historical Notes

Derived from VR465-02-1 §§ 3.4 and 4.1 to 4.4, eff. January 18, 1989; amended, Virginia Register Volume 6, Issue 4, eff. December 20, 1989; Volume 6, Issue 8, eff. February 14, 1990; Volume 6, Issue 26, eff. October 24, 1990; Volume 7, Issue 26, eff. October 23, 1991; Volume 10, Issue 9, eff. February 23, 1994; Volume 10, Issue 24, eff. September 21, 1994; Volume 11, Issue 25, eff. October 4, 1995; Volume 13, Issue 3, eff. November 27, 1996; repealed Virginia Register Volume 14, Issue 21, eff. August 5, 1998.

Part V Limited or Temporary Licenses

18VAC85-20-210 Limited licenses to foreign medical graduates

A. A physician who graduated from an institution not approved by an accrediting agency recognized by the board applying for a limited professorial license or a limited fellow license to practice medicine in an approved medical school or college in Virginia shall:

Submit evidence of authorization to practice medicine in a foreign country.
Submit evidence of a standard Educational Commission for Foreign Medical Graduates (ECFMG) certificate or its equivalent. Such required evidence may be waived by the Credentials Committee or its designee based on other evidence of medical competency and English proficiency.
Submit a recommendation from the dean of an accredited medical school in Virginia that the applicant is a person of professorial or of fellow rank whose knowledge and special training meet the requirements of § 54.1-2936 of the Code of Virginia.

B. The limited professorial license or limited fellow license applies only to the practice of medicine in hospitals and outpatient clinics where medical students, interns, or residents rotate and patient care is provided by the medical school or college recommending the applicant. A limited professorial license or limited fellow license shall be valid for one year. Renewals shall be based upon the recommendation of the dean of the medical school and continued full-time service as a faculty member or employment as a fellow, although a limited fellow license may not be renewed more than twice.

C. An individual who has practiced with a limited professorial license for five continuous years may have a waiver when applying for a full license to practice medicine in the Commonwealth of Virginia. The limited professorial licensee applying for a full license shall meet the requirements of 18VAC85-20-120 and 18VAC85-20-122.

History

Statutory Authority: § 54.1-2400 and Chapter 29 of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from VR465-02-1 § 4.5, eff. January 18, 1989; amended, Virginia Register Volume 6, Issue 4, eff. December 20, 1989; Volume 6, Issue 8, eff. February 14, 1990; Volume 6, Issue 26, eff. October 24, 1990; Volume 7, Issue 26, eff. October 23, 1991; Volume 10, Issue 9, eff. February 23, 1994; Volume 10, Issue 24, eff. September 21, 1994; Volume 11, Issue 25, eff. October 4, 1995; Volume 14, Issue 21, eff. August 5, 1998; Volume 19, Issue 21, eff. July 30, 2003; Volume 20, Issue 10, eff. February 25, 2004; Volume 41, Issue 11, eff. February 27, 2025.

18VAC85-20-220 Temporary licenses to interns and residents

A. An intern or resident applying for a temporary license to practice in Virginia shall:

Successfully complete the preliminary academic education required for admission to examinations given by the board in his particular field of practice, and submit a letter of confirmation from the registrar of the school or college conferring the professional degree, or official transcripts confirming the professional degree and date the degree was received.
Submit a recommendation from the applicant's chief or director of graduate medical education of the approved internship or residency program specifying acceptance. The beginning and ending dates of the internship or residency shall be specified.
Submit evidence of a standard Educational Commission for Foreign Medical Graduates (ECFMG) certificate or its equivalent if the candidate graduated from a school not approved by an accrediting agency recognized by the board.

B. The intern or resident license applies only to the practice in the hospital or outpatient clinics where the internship or residency is served. Outpatient clinics in a hospital or other facility must be a recognized part of an internship or residency program.

C. The intern or resident license shall be renewed annually upon the recommendation of the chief or director of graduate medical education of the internship or residency program.

A residency program transfer request shall be submitted to the board in lieu of a full application.

D. The extent and scope of the duties and professional services rendered by the intern or resident shall be confined to persons who are bona fide patients within the hospital or who receive treatment and advice in an outpatient department of the hospital or outpatient clinic where the internship or residency is served.

E. The intern and resident shall be responsible and accountable at all times to a fully licensed member of the faculty where the internship or residency is served. The intern and resident is prohibited from employment outside of the graduate medical educational program where a full license is required.

F. The intern or resident shall abide by the respective accrediting requirements of the internship or residency as approved by the Liaison Council on Graduate Education of the American Medical Association, American Osteopathic Association, American Podiatric Medical Association, or Council on Chiropractic Education.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR465-02-1 § 5.1, eff. January 18, 1989; amended, Virginia Register Volume 6, Issue 4, eff. December 20, 1989; Volume 6, Issue 8, eff. February 14, 1990; Volume 6, Issue 26, eff. October 24, 1990; Volume 7, Issue 26, eff. October 23, 1991; Volume 10, Issue 9, eff. February 23, 1994; Volume 10, Issue 24, eff. September 21, 1994; Volume 11, Issue 25, eff. October 4, 1995; Volume 29, Issue 4, eff. November 21, 2012; Volume 35, Issue 24, eff. September 16, 2019.

18VAC85-20-225 Registration for voluntary practice by out-of-state licenses

Any doctor of medicine, osteopathic medicine, podiatry, or chiropractic who does not hold a license to practice in Virginia and who seeks registration to practice under subdivision A 27 of § 54.1-2901 of the Code of Virginia on a voluntary basis under the auspices of a publicly supported, all volunteer, nonprofit organization that sponsors the provision of health care to populations of underserved people shall:

File a complete application for registration on a form provided by the board at least five business days prior to engaging in such practice. An incomplete application will not be considered;
Provide a complete record of professional licensure in each state in which the applicant has held a license and a copy of any current license;
Provide the name of the nonprofit organization, the dates, and the location of the voluntary provision of services; and
Provide a notarized statement from a representative of the nonprofit organization attesting to the nonprofit's compliance with provisions of subdivision A 27 of § 54.1-2901 of the Code of Virginia.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. June 18, 2003; amended, Virginia Register Volume 24, Issue 24, eff. September 3, 2008; Volume 35, Issue 24, eff. September 26, 2019; Volume 41, Issue 11, eff. February 27, 2025.

18VAC85-20-226 Restricted volunteer license

A. Any doctor of medicine, osteopathic medicine, podiatry or chiropractic who held an unrestricted license issued by the Virginia Board of Medicine or by a board in another state as a licensee in good standing at the time the license expired or became inactive may be issued a restricted volunteer license to practice without compensation in a clinic that is organized in whole or in part for the delivery of health care services without charge in accordance with § 54.1-106 of the Code of Virginia.

B. To be issued a restricted volunteer license, a doctor of medicine, osteopathic medicine, podiatry or chiropractic shall submit an application to the board that documents compliance with requirements of § 54.1-2928.1 of the Code of Virginia and the application fee prescribed in 18VAC85-20-22.

C. The licensee who intends to continue practicing with a restricted volunteer license shall renew biennially during his birth month, meet the continued competency requirements prescribed in subsection D of this section, and pay to the board the renewal fee prescribed in 18VAC85-20-22.

D. The holder of a restricted volunteer license shall not be required to attest to hours of continuing education for the first renewal of such a license. For each renewal thereafter, the licensee shall attest to 30hours obtained during the two years immediately preceding renewal with at least 15 hours of Type 1 activities or courses offered by an accredited sponsor or organization sanctioned by the profession and no more than 15 hours of Type 2 activities or courses.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 11, eff. March 5, 2008.

Part VI Renewal of License; Reinstatement

18VAC85-20-230 Renewal of an active license

A. Every licensee who intends to maintain an active license shall renew his license biennially during his birth month, meet the continued competency requirements prescribed in 18VAC85-20-235, and pay to the board the renewal fee prescribed in 18VAC85-20-22.

B. An additional fee to cover administrative costs for processing a late application shall be imposed by the board as prescribed in subsection H of 18VAC85-20-22.

History

Statutory Authority: § 54.1-2400 and Chapter 29 of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from VR465-02-1 § 5.2, eff. January 18, 1989; amended, Virginia Register Volume 6, Issue 4, eff. December 20, 1989; Volume 6, Issue 8, eff. February 14, 1990; Volume 6, Issue 26, eff. October 24, 1990; Volume 7, Issue 26, eff. October 23, 1991; Volume 10, Issue 9, eff. February 23, 1994; Volume 10, Issue 24, eff. September 21, 1994; Volume 11, Issue 25, eff. October 4, 1995; Volume 14, Issue 21, eff. August 5, 1998; Volume 16, Issue 4, eff. December 8, 1999; Volume 20, Issue 10, eff. February 25, 2004.

18VAC85-20-235 Continued competency requirements for renewal of an active license

A. In order to renew an active license biennially, a practitioner shall attest to completion of at least 30 hours of continuing learning activities within the two years immediately preceding renewal. The hours shall be in Type 1 activities or courses offered by an accredited sponsor or organization sanctioned by the profession.

Type 1 hours in chiropractic shall be clinical hours that are approved by a college or university accredited by the Council on Chiropractic Education or any other organization approved by the board.
Type 1 hours in podiatry shall be accredited by the American Podiatric Medical Association, the American Council of Certified Podiatric Physicians and Surgeons or any other organization approved by the board.

B. A practitioner shall be exempt from the continuing competency requirements for the first biennial renewal following the date of initial licensure in Virginia.

C. The practitioner shall retain in the practitioner's records all supporting documentation for a period of six years following the renewal of an active license.

D. Failure to comply with these requirements may subject the licensee to disciplinary action by the board.

E. The board may grant an extension of the deadline for continuing competency requirements for up to one year for good cause shown upon a written request from the licensee prior to the renewal date.

F. The board may grant an exemption for all or part of the requirements for circumstances beyond the control of the licensee, such as temporary disability, mandatory military service, or officially declared disasters.

G. The board may grant an exemption for all or part of the requirements for a licensee who:

Is practicing solely in an uncompensated position, provided the licensee's practice is under the direction of a physician fully licensed by the board; or
Is practicing solely as a medical examiner, provided the licensee obtains six hours of medical examiner training per year provided by the Office of the Chief Medical Examiner.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 4, eff. December 8, 1999; amended, Virginia Register Volume 20, Issue 10, eff. February 25, 2004; Volume 23, Issue 11, eff. April 21, 2007; Volume 23, Issue 25, eff. September 20, 2007; Volume 29, Issue 4, eff. November 21, 2012; Volume 33, Issue 11, eff. March 9, 2017; Volume 35, Issue 24, eff. September 26, 2019; Volume 41, Issue 11, eff. February 27, 2025.

18VAC85-20-236 Inactive license

A doctor of medicine, osteopathic medicine, podiatry or chiropractic who holds a current, unrestricted license in Virginia may, upon a request on the renewal application and submission of the required fee, be issued an inactive license. The holder of an inactive license shall not be required to maintain continuing competency requirements and shall not be entitled to perform any act requiring a license to practice medicine, osteopathic medicine, podiatry or chiropractic in Virginia.

History

Statutory Authority: § 54.1-2400 and Chapter 29 of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 4, eff. December 8, 1999; amended, Virginia Register Volume 20, Issue 10, eff. February 25, 2004.

18VAC85-20-240 Reinstatement of an inactive or lapsed license

A. A practitioner whose license has been lapsed for two successive years or more and who requests reinstatement of licensure shall:

File a completed application for reinstatement;
Pay the reinstatement fee prescribed in 18VAC85-20-22; and
Attest to having completed continued competency hours equal to the requirement for the number of years, not to exceed four years, in which the license has been lapsed.

B. An inactive licensee may reactivate a license upon submission of the required application, payment of the difference between the current renewal fee for inactive licensure and the current renewal fee for active licensure, and an attestation of having completed continued competency hours equal to the requirement for the number of years, not to exceed four years, in which the license has been inactive.

C. If a practitioner has not engaged in active practice in a profession for more than four years and wishes to reinstate or reactivate the practitioner's license, the board may require the practitioner to pass one of the following examinations. For the purpose of determining active practice, the practitioner shall provide evidence of at least 640 hours of clinical practice within the four years immediately preceding his application for reinstatement or reactivation.

The Special Purpose Examination (SPEX) given by the Federation of State Medical Boards.
The Comprehensive Osteopathic Medical Variable Purpose Examination-USA (COMVEX-USA) given by the National Board of Osteopathic Examiners.
The Special Purposes Examination for Chiropractic (SPEC) given by the National Board of Chiropractic Examiners.
A special purpose examination or other evidence of continuing competency to practice podiatric medicine as acceptable to the board.

D. The board reserves the right to deny a request for reinstatement or reactivation to any licensee who has been determined to have committed an act in violation of § 54.1-2915 of the Code of Virginia or any provisions of this chapter.

History

Statutory Authority: § 54.1-2400 and Chapter 29 of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from VR465-02-1 § 6.1, eff. January 18, 1989; amended, Virginia Register Volume 6, Issue 4, eff. December 20, 1989; Volume 6, Issue 8, eff. February 14, 1990; Volume 6, Issue 26, eff. October 24, 1990; Volume 7, Issue 26, eff. October 23, 1991; Volume 10, Issue 9, eff. February 23, 1994; Volume 10, Issue 24, eff. September 21, 1994; Volume 11, Issue 25, eff. October 4, 1995; Volume 14, Issue 21, eff. August 5, 1998; Volume 16, Issue 4, eff. December 8, 1999; Errata, 16:8 VA.R. 997 January 3, 2000; amended, Volume 16, Issue 13, eff. April 12, 2000; Volume 20, Issue 10, eff. February 25, 2004; Volume 42, Issue 15, eff. April 23, 2026.

18VAC85-20-250 (Repealed.)

Historical Notes

Derived from VR465-02-1 §§ 6.2, 7.1, eff. January 18, 1989; amended, Virginia Register Volume 6, Issue 4, eff. December 20, 1989; Volume 6, Issue 8, eff. February 14, 1990; Volume 6, Issue 26, eff. October 24, 1990; Volume 7, Issue 26, eff. October 23, 1991; Volume 10, Issue 9, eff. February 23, 1994; Volume 10, Issue 24, eff. September 21, 1994; Volume 11, Issue 25, eff. October 4, 1995; repealed, Virginia Register Volume 14, Issue 21, eff. August 5, 1998.

18VAC85-20-270 (Repealed.)

Historical Notes

Derived from VR465-02-1, eff. September 21, 1994; amended, Virginia Register Volume 11, Issue 25, eff. October 4, 1995; repealed, Virginia Register Volume 14, Issue 21, eff. August 5, 1998.

Part VII Practitioner Profile System

18VAC85-20-280 Required information

A. In compliance with requirements of § 54.1-2910.1 of the Code of Virginia, a doctor of medicine, osteopathic medicine, or podiatry licensed by the board shall provide, upon initial request or whenever there is a change in the information that has been entered on the profile, the following information within 30 days:

The address and telephone number of the primary practice setting and all secondary practice settings with the percentage of time spent at each location;
Names of medical, osteopathic or podiatry schools and graduate medical or podiatric education programs attended with dates of graduation or completion of training;
Names and dates of specialty board certification, if any, as approved by the American Board of Medical Specialties, the Bureau of Osteopathic Specialists of the American Osteopathic Association or the Council on Podiatric Medical Education of the American Podiatric Medical Association;
Number of years in active, clinical practice in the United States or Canada following completion of medical or podiatric training and the number of years, if any, in active, clinical practice outside the United States or Canada;
The specialty, if any, in which the physician or podiatrist practices;
Names of hospitals with which the physician or podiatrist is affiliated;
Appointments within the past 10 years to medical or podiatry school faculties with the years of service and academic rank;
Publications, not to exceed 10 in number, in peer-reviewed literature within the most recent five-year period;
Whether there is access to translating services for non-English speaking patients at the primary and secondary practice settings and which, if any, foreign languages are spoken in the practice;
Whether the physician or podiatrist participates in the Virginia Medicaid Program and whether he is accepting new Medicaid patients;
A report on felony convictions including the date of the conviction, the nature of the conviction, the jurisdiction in which the conviction occurred, and the sentence imposed, if any;
Final orders of any regulatory board of another jurisdiction that result in the denial, probation, revocation, suspension, or restriction of any license or that results in the reprimand or censure of any license or the voluntary surrender of a license while under investigation in a state other than Virginia while under investigation, as well as any disciplinary action taken by a federal health institution or federal agency; and
Any final disciplinary or other action required to be reported to the board by health care institutions, other practitioners, insurance companies, health maintenance organizations, and professional organizations pursuant to §§ 54.1-2400.6, 54.1-2908, and 54.1-2909 that results in a suspension or revocation of privileges or the termination of employment.

B. Adjudicated notices and final orders or decision documents, subject to s 54.1-2400.2 F of the Code of Virginia, shall be made available on the profile. Information shall be posted indicating the availability of unadjudicated notices and of orders that have not yet become final.

C. For the sole purpose of expediting dissemination of information about a public health emergency, an email address or facsimile number shall be provided, if available. Such addresses or numbers shall not be published on the profile and shall not be released or made available for any other purpose.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 7, eff. January 19, 2000; amended, Virginia Register Volume 16, Issue 21, eff. August 2, 2000; Volume 19, Issue 19, eff. July 2, 2003; Volume 19, Issue 21, eff. July 30, 2003; Volume 21, Issue 22, eff. September 26, 2005.

18VAC85-20-285 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 19, Issue 19, eff. July 2, 2003; repealed, Virginia Register Volume 41, Issue 11, eff. February 27, 2025.

18VAC85-20-290 Reporting of medical malpractice judgments and settlements

A. In compliance with requirements of § 54.1-2910.1 of the Code of Virginia, a doctor of medicine, osteopathic medicine, or podiatry licensed by the board shall report all medical malpractice judgments and settlements of more than $10,000 in the most recent 10-year period within 30 days of the initial payment. A doctor shall report a medical malpractice judgment or settlement of less than $10,000 if any other medical malpractice judgment or settlement has been paid by or for the licensee within the preceeding 12 months. Each report of a settlement or judgment shall indicate:

The year the judgment or settlement was paid.
The specialty in which the doctor was practicing at the time the incident occurred that resulted in the judgment or settlement.
The total amount of the judgment or settlement in United States dollars.
The city, state, and country in which the judgment or settlement occurred.

B. The board shall not release individually identifiable numeric values of reported judgments or settlements but shall use the information provided to determine the relative frequency of judgments or settlements described in terms of the number of doctors in each specialty and the percentage with malpractice judgments or settlements within the most recent 10-year period. The statistical methodology used will include any specialty with more than 10 judgments or settlements. For each specialty with more than 10 judgments or settlements, the top 16% of the judgments or settlements will be displayed as above average payments, the next 68% of the judgments or settlements will be displayed as average payments, and the last 16% of the judgments or settlements will be displayed as below average payments.

C. For purposes of reporting required under this section, medical malpractice judgment and medical malpractice settlement shall have the meanings ascribed in § 54.1-2900 of the Code of Virginia. A medical malpractice judgment or settlement shall include:

A lump sum payment or the first payment of multiple payments;
A payment made from personal funds;
A payment on behalf of a doctor of medicine, osteopathic medicine, or podiatry by a corporation or entity comprised solely of that doctor of medicine, osteopathic medicine, or podiatry; or
A payment on behalf of a doctor of medicine, osteopathic medicine, or podiatry named in the claim where that doctor is dismissed as a condition of, or in consideration of the settlement, judgment or release. If a doctor is dismissed independently of the settlement, judgment or release, then the payment is not reportable.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 7, eff. January 19, 2000; amended, Virginia Register Volume 19, Issue 19, eff. July 2, 2003; Volume 23, Issue 13, eff. April 4, 2007; Volume 23, Issue 23, eff. August 22, 2007; Volume 29, Issue 4, eff. November 21, 2012.

18VAC85-20-300 Noncompliance or falsification of profile

A. The failure to provide the information required by 18VAC85-20-280 and 18VAC85-20-290 within 30 days of the request for information by the board or within 30 days of a change in the information on the profile may constitute unprofessional conduct and may subject the licensee to disciplinary action by the board.

B. Intentionally providing false information to the board for the physician profile system shall constitute unprofessional conduct and shall subject the licensee to disciplinary action by the board.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2910.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 7, eff. January 19, 2000; amended, Virginia Register Volume 19, Issue 19, eff. July 2, 2003.

Part VIII Office-Based Anesthesia

18VAC85-20-310 Definitions

"Advanced resuscitative techniques" means methods learned in certification courses for Advanced Cardiopulmonary Life Support (ACLS), or Pediatric Advanced Life Support (PALS).

"Deep sedation" means a drug-induced depression of consciousness during which patients cannot be easily aroused but respond purposefully following repeated or painful stimulation. The ability to independently maintain ventilatory function may be impaired. Patients often require assistance in maintaining a patent airway, and spontaneous ventilation may be inadequate. Cardiovascular function is usually maintained.

"General anesthesia" means a drug-induced loss of consciousness during which patients are not arousable even by painful stimulation. The ability to independently maintain ventilatory function is often impaired. Patients often require assistance in maintaining a patent airway, and positive-pressure ventilation may be required because of depressed spontaneous ventilation or drug-induced depression of neuromuscular function. Cardiovascular function may be impaired.

"Local anesthesia" means a transient and reversible loss of sensation in a circumscribed portion of the body produced by a local anesthetic agent.

"Minimal sedation/anxiolysis" means a drug-induced state during which a patient responds normally to verbal commands. Although cognitive function and coordination may be impaired, ventilatory and cardiovascular functions are usually not affected.

"Moderate sedation/conscious sedation" means a drug-induced depression of consciousness during which patients respond purposefully to verbal commands, either alone or accompanied by light tactile stimulation. No interventions are usually required to maintain a patent airway, and spontaneous ventilation is usually adequate. Cardiovascular function is usually maintained.

"Monitoring" means the continual clinical observation of patients and the use of instruments to measure and display the values of certain physiologic variables such as pulse, oxygen saturation, level of consciousness, blood pressure and respiration.

"Office-based" means any setting other than (i) a licensed hospital as defined in § 32.1-123 of the Code of Virginia or state-operated hospitals or (ii) a facility directly maintained or operated by the federal government.

"Physical status classification" means a description used in determining the physical status of a patient as specified by the American Society of Anesthesiologists. Classifications are Class 1 for a normal healthy patient; Class 2 for a patient with mild systemic disease; Class 3 for a patient with severe systemic disease limiting activity but not incapacitation; Class 4 for a patient with incapacitating systemic disease that is a constant threat to life; and Class 5 for a moribund patient not expected to live 24 hours with or without surgery.

"Regional anesthesia" means the administration of anesthetic agents to a patient to interrupt nerve impulses without the loss of consciousness and includes minor and major conductive blocks.

"Minor conductive block" means the injection of local anesthesia to stop or prevent a painful sensation in a circumscribed area of the body (local infiltration or local nerve block), or the block of a nerve by refrigeration. Minor conductive nerve blocks include, but are not limited to, peribulbar blocks, pudenal blocks and ankle blocks.

"Major conductive block" means the use of local anesthesia to stop or prevent the transmission of painful sensations from large nerves, groups of nerves, nerve roots or the spinal cord. Major nerve blocks include, but are not limited to epidural, spinal, caudal, femoral, interscalene and brachial plexus.

"Topical anesthesia" means an anesthetic agent applied directly to the skin or mucous membranes, intended to produce a transient and reversible loss of sensation to a circumscribed area.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2912.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. June 18, 2003.

18VAC85-20-320 General provisions

A. Applicability of requirements for office-based anesthesia.

The administration of topical anesthesia, local anesthesia, minor conductive blocks, or minimal sedation/anxiolysis, not involving a drug-induced alteration of consciousness other than minimal preoperative tranquilization, is not subject to the requirements for office-based anesthesia in this part. A health care practitioner administering such agents shall adhere to an accepted standard of care as appropriate to the level of anesthesia or sedation, including evaluation, drug selection, administration, and management of complications.
The administration of moderate sedation/conscious sedation, deep sedation, general anesthesia, or regional anesthesia consisting of a major conductive block is subject to these requirements for office-based anesthesia in this part. The administration of 300 milligrams or more of lidocaine or equivalent doses of local anesthetics shall be deemed to be subject to these requirements for office-based anesthesia in this part.
Levels of anesthesia or sedation referred to in this chapter shall relate to the level of anesthesia or sedation intended and documented by the practitioner in the preoperative anesthesia plan.

B. A doctor of medicine, osteopathic medicine, or podiatry administering office-based anesthesia or supervising such administration shall:

Perform a preanesthetic evaluation and examination or ensure that it has been performed;
Develop the anesthesia plan or ensure that it has been developed;
Ensure that the anesthesia plan has been discussed with the patient or responsible party preoperatively and informed consent has been obtained;
Ensure patient assessment and monitoring through the preprocedure, periprocedure, and post-procedure phases, addressing not only physical and functional status, but also physiological and cognitive status;
Ensure provision of indicated post-anesthesia care;
Remain physically present or immediately available, as appropriate, to manage complications and emergencies until discharge criteria have been met; and
Document any complications occurring during surgery or during recovery in the medical record.

C. All written policies, procedures, and protocols required for office-based anesthesia shall be maintained and available for inspection at the facility.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2912.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. June 18, 2003; amended, Virginia Register Volume 32, Issue 22, eff. July 27, 2016.

18VAC85-20-330 Qualifications of providers

A. Doctors who utilize office-based anesthesia shall ensure that all medical personnel assisting in providing patient care are appropriately trained, qualified and supervised, are sufficient in numbers to provide adequate care, and maintain training in basic cardiopulmonary resuscitation.

B. All providers of office-based anesthesia shall hold the appropriate license and have the necessary training and skills to deliver the level of anesthesia being provided.

Deep sedation, general anesthesia, or a major conductive block shall be administered by an anesthesiologist or by a certified registered nurse anesthetist. If a major conductive block is performed for diagnostic or therapeutic purposes, it may be administered by a doctor qualified by training and scope of practice.
Moderate sedation/conscious sedation may be administered by the operating doctor with the assistance of and monitoring by a licensed nurse, a physician assistant or a licensed intern or resident.

C. Additional training.

On or after December 18, 2003, the doctor who provides office-based anesthesia or who supervises the administration of anesthesia shall maintain current certification in advanced resuscitation techniques.
Any doctor who administers office-based anesthesia without the use of an anesthesiologist or certified registered nurse anesthetist shall obtain four hours of continuing education in topics related to anesthesia within the 60 hours required each biennium for licensure renewal, which are subject to random audit by the board.

D. Prior to administration, the anesthesia plan shall be discussed with the patient or responsible party by the health care practitioner administering the anesthesia or supervising the administration of anesthesia. Informed consent for the nature and objectives of the anesthesia planned shall be in writing and obtained from the patient or responsible party before the procedure is performed. Such consent shall include a discussion of discharge planning and what care or assistance the patient is expected to require after discharge. Informed consent shall only be obtained after a discussion of the risks, benefits, and alternatives, contain the name of the anesthesia provider, and be documented in the medical record.

History

Statutory Authority: § 54.1-2400 and Chapter 29 (§ 54.1-2900 et seq.) of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. June 18, 2003; amended, Virginia Register Volume 22, Issue 25, eff. September 20, 2006; Volume 41, Issue 11, eff. February 27, 2025.

18VAC85-20-340 Procedure/anesthesia selection and patient evaluation

A. A written protocol shall be developed and followed for procedure selection to include but not be limited to:

The doctor providing or supervising the anesthesia shall ensure that the procedure to be undertaken is within the scope of practice of the health care practitioners and the capabilities of the facility.
The procedure or combined procedures shall be of a duration and degree of complexity that shall not exceed four hours and that will permit the patient to recover and be discharged from the facility in less than 24 hours. The procedure or combined procedures may be extended for up to eight hours if the anesthesia is provided by an anesthesiologist or a certified registered nurse anesthetist.
The level of anesthesia used shall be appropriate for the patient, the surgical procedure, the clinical setting, the education and training of the personnel, and the equipment available. The choice of specific anesthesia agents and techniques shall focus on providing an anesthetic that will be effective and appropriate and will address the specific needs of the patient while also ensuring rapid recovery to normal function with maximum efforts to control post-operative pain, nausea, or other side effects.

B. A written protocol shall be developed for patient evaluation to include but not be limited to:

The preoperative anesthesia evaluation of a patient shall be performed by the health care practitioner administering the anesthesia or supervising the administration of anesthesia. It shall consist of performing an appropriate history and physical examination, determining the patient's physical status classification, developing a plan of anesthesia care, acquainting the patient or the responsible individual with the proposed plan, and discussing the risks and benefits.
The condition of the patient, specific morbidities that complicate anesthetic management, the specific intrinsic risks involved, and the nature of the planned procedure shall be considered in evaluating a patient for office-based anesthesia.
Patients who have pre-existing medical or other conditions that may be of particular risk for complications shall be referred to a facility appropriate for the procedure and administration of anesthesia. Nothing relieves the licensed health care practitioner of the responsibility to make a medical determination of the appropriate surgical facility or setting.

C. Office-based anesthesia shall only be provided for patients in physical status classifications for Classes I, II and III. Patients in Classes IV and V shall not be provided anesthesia in an office-based setting.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2912.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. June 18, 2003; amended, Virginia Register Volume 32, Issue 22, eff. July 27, 2016.

18VAC85-20-350 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. June 18, 2003; amended, Virginia Register Volume 32, Issue 22, eff. July 27, 2016; Volume 36, Issue 2, eff. November 1, 2019; repealed, Virginia Register Volume 41, Issue 11, eff. February 27, 2025.

18VAC85-20-360 Monitoring

A. A written protocol shall be developed for monitoring equipment to include but not be limited to:

Monitoring equipment shall be appropriate for the type of anesthesia and the nature of the facility. At a minimum, provisions shall be made for a reliable source of oxygen, suction, resuscitation equipment and emergency drugs.
In locations where anesthesia is administered, there shall be adequate anesthesia apparatus and equipment to ensure appropriate monitoring of patients. All equipment shall be maintained, tested and inspected according to manufacturer's specifications, and backup power shall be sufficient to ensure patient protection in the event of an emergency.
When anesthesia services are provided to infants and children, the required equipment, medication and resuscitative capabilities shall be appropriately sized and calibrated for children.

B. To administer office-based moderate sedation/conscious sedation, the following equipment, supplies and pharmacological agents are required:

Appropriate equipment to manage airways;
Drugs and equipment to treat shock and anaphylactic reactions;
Precordial stethoscope;
Pulse oximeter with appropriate alarms or an equivalent method of measuring oxygen saturation;
Continuous electrocardiograph;
Devices for measuring blood pressure, heart rate and respiratory rate;
Defibrillator; and
Accepted method of identifying and preventing the interchangeability of gases.

C. In addition to requirements in subsection B of this section, to administer general anesthesia, deep sedation or major conductive blocks, the following equipment, supplies and pharmacological agents are required:

Drugs to treat malignant hyperthermia, when triggering agents are used;
Peripheral nerve stimulator, if a muscle relaxant is used; and
If using an anesthesia machine, the following shall be included:

a. End-tidal carbon dioxide monitor (capnograph);

b. In-circuit oxygen analyzer designed to monitor oxygen concentration within breathing circuit by displaying oxygen percent of the total respiratory mixture;

c. Oxygen failure-protection devices (fail-safe system) that have the capacity to announce a reduction in oxygen pressure and, at lower levels of oxygen pressure, to discontinue other gases when the pressure of the supply of oxygen is reduced;

d. Vaporizer exclusion (interlock) system, which ensures that only one vaporizer, and therefore only a single anesthetic agent can be actualized on any anesthesia machine at one time;

e. Pressure-compensated anesthesia vaporizers, designed to administer a constant non-pulsatile output, which shall not be placed in the circuit downstream of the oxygen flush valve;

f. Flow meters and controllers, which can accurately gauge concentration of oxygen relative to the anesthetic agent being administered and prevent oxygen mixtures of less than 21% from being administered;

g. Alarm systems for high (disconnect), low (subatmospheric) and minimum ventilatory pressures in the breathing circuit for each patient under general anesthesia; and

h. A gas evacuation system.

D. A written protocol shall be developed for monitoring procedures to include but not be limited to:

Physiologic monitoring of patients shall be appropriate for the type of anesthesia and individual patient needs, including continuous monitoring and assessment of ventilation, oxygenation, cardiovascular status, body temperature, neuromuscular function and status, and patient positioning.
Intraoperative patient evaluation shall include continuous clinical observation and continuous anesthesia monitoring.
A health care practitioner administering general anesthesia or deep sedation shall remain present and available in the facility to monitor a patient until the patient meets the discharge criteria. A health care practitioner administering moderate sedation/conscious sedation shall routinely monitor a patient according to procedures consistent with such administration.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2912.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. June 18, 2003.

18VAC85-20-370 Emergency and transfer protocols

A. There shall be written protocols for handling emergency situations, including medical emergencies and internal and external disasters. All personnel shall be appropriately trained in and regularly review the protocols and the equipment and procedures for handling emergencies.

B. There shall be written protocols for the timely and safe transfer of patients to a prespecified hospital or hospitals within a reasonable proximity. For purposes of this section, "reasonable proximity" shall mean that a licensed general hospital capable of providing necessary services is normally accessible within 30 minutes of the office. There shall be a written or electronic transfer agreement with such hospital or hospitals.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2912.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. June 18, 2003; amended, Virginia Register Volume 32, Issue 22, eff. July 27, 2016.

18VAC85-20-380 Discharge policies and procedures

A. There shall be written policies and procedures outlining discharge criteria. Such criteria shall include stable vital signs, responsiveness and orientation, ability to move voluntarily, controlled pain, and minimal nausea and vomiting.

B. Discharge from anesthesia care is the responsibility of the health care practitioner providing or the doctor supervising the anesthesia care and shall only occur when:

The patient has met specific physician-defined criteria; and
The health care practitioner providing or the doctor supervising the anesthetic care has given the order for discharge.

C. Written instructions and an emergency phone number shall be provided to the patient. Patients shall be discharged with a responsible individual who has been instructed with regard to the patient's care.

D. At least one person trained in advanced resuscitative techniques shall be immediately available until all patients are discharged.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2912.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. June 18, 2003; amended, Virginia Register Volume 32, Issue 22, eff. July 27, 2016.

18VAC85-20-390 Reporting requirements

The doctor administering the anesthesia or supervising such administration shall report to the board within 30 days any incident relating to the administration of anesthesia that results in patient death, either intraoperatively or within the immediate 72-hour postoperative period or in transport of a patient to a hospital for a stay of more than 24 hours.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2912.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. June 18, 2003.

Part IX Mixing, Diluting, or Reconstituting of Drugs for Administration

18VAC85-20-400 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 20, 2007; amended, Virginia Register Volume 24, Issue 20, eff. July 24, 2008; Volume 29, Issue 4, eff. November 21, 2012; Volume 32, Issue 20, eff. July 15, 2016; repealed, Virginia Register Volume 41, Issue 11, eff. February 27, 2025.

18VAC85-20-410 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 20, 2007; amended Virginia Register Volume 35, Issue 24, eff. September 26, 2019; repealed, Virginia Register Volume 41, Issue 11, eff. February 27, 2025.

18VAC85-20-420 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 23, Issue 25, eff. September 20, 2007; repealed, Virginia Register Volume 41, Issue 11, eff. February 27, 2025.

Chapter 21 Regulations Governing Prescribing of Opioids and Buprenorphine

Part I General Provisions

18VAC85-21-10 Applicability

A. This chapter shall apply to doctors of medicine, osteopathic medicine, and podiatry and to physician assistants.

B. This chapter shall not apply to:

The treatment of acute or chronic pain related to (i) cancer, (ii) sickle cell, (iii) a patient in hospice care, or (iv) a patient in palliative care;
The treatment of acute or chronic pain during an inpatient hospital admission or in a nursing home or an assisted living facility that uses a sole source pharmacy; or
A patient enrolled in a clinical trial as authorized by state or federal law.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2928.2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 23, eff. August 8, 2018.

18VAC85-21-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Acute pain" means pain of any origin that has existed less than one month.

"Board" means the Virginia Board of Medicine.

"Chronic pain" means nonmalignant pain that goes beyond the normal course of a disease or condition for which controlled substances may be prescribed for a period greater than three months.

"Controlled substance" means drugs listed in The Drug Control Act (§ 54.1-3400 et seq. of the Code of Virginia) in Schedules II through IV.

"DMAS" means the Virginia Department of Medical Assistance Services.

"FDA" means the U.S. Food and Drug Administration.

"Induction phase" means the initial seven to 14 days of treatment with buprenorphine.

"MME" means morphine milligram equivalent.

"Prescription Monitoring Program" means the electronic system within the Department of Health Professions that monitors the dispensing of certain controlled substances.

"Subacute pain" means pain that has existed for one to three months.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2928.2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 23, eff. August 8, 2018; amended, Virginia Register Volume 41, Issue 7, eff. January 2, 2025.

18VAC85-21-21 Electronic prescribing

A. A prescription for a controlled substance that contains an opioid shall be issued as an electronic prescription consistent with § 54.1-3408.02 of the Code of Virginia, unless the prescription qualifies for an exemption as set forth in subsection C of § 54.1-3408.02.

B. Upon written request, the board may grant a one-time waiver of the requirement of subsection A of this section for a period not to exceed one year due to demonstrated economic hardship, technological limitations that are not reasonably within the control of the prescriber, or other exceptional circumstances demonstrated by the prescriber.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2928.2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 37, Issue 19, eff. June 9, 2021; amended, Virginia Register Volume 41, Issue 7, eff. January 2, 2025.

18VAC85-21-22 Patient counseling

A. Prior to issuing a prescription for an opioid to treat acute or chronic pain, practitioners must provide patient counseling on the following:

The risks of addiction and overdose associated with opioid drugs and the dangers of taking opioid drugs with alcohol, benzodiazepines, and other central nervous system depressants;
The reasons why the prescription is necessary;
Alternative treatments that may be available; and
Risks associated with the use of the drugs being prescribed, specifically that opioids are highly addictive even when taken as prescribed, that there is a risk of developing a physical or psychological dependence on the controlled dangerous substance, and that the risks of taking more opioids than prescribed or mixing sedatives, benzodiazepines, or alcohol with opioids can result in fatal respiratory depression.

Such patient counseling shall be documented in the patient's medical record.

B. Patient counseling as described in subsection A of this section shall not be a requirement for patients who are (i) in active treatment for cancer, (ii) receiving hospice care from a licensed hospice or palliative care, (iii) residents of a long-term care facility, (iv) being prescribed an opioid in the course of treatment for substance abuse or opioid dependence, or (v) receiving treatment for sickle cell disease.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2928.2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 41, Issue 4, eff. November 6, 2024.

18VAC85-21-23 Prohibition on payment from DMAS members

A. No practitioner shall request payment from a DMAS member for services involving the prescription of an opioid for pain management of opioid use disorder. The prohibition on payment shall not apply to the member's cost-sharing amounts set by DMAS.

B. All practitioners shall provide written notice to DMAS members that the services described in subsection A of this section will be covered by DMAS if medical necessity criteria are met.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2928.2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 41, Issue 7, eff. January 2, 2025.

Part II Management of Acute Pain and Subacute Pain

18VAC85-21-30 Evaluation of the acute pain or subacute pain patient

A. Nonpharmacologic and non-opioid treatment for pain shall be given consideration prior to treatment with opioids. If an opioid is considered necessary for the treatment of acute pain or subacute pain, the practitioner shall give a short-acting opioid in the lowest effective dose for the fewest possible days.

B. Prior to initiating treatment with a controlled substance containing an opioid for a complaint of acute pain or subacute pain, the prescriber shall perform a history and physical examination appropriate to the complaint, query the Prescription Monitoring Program as set forth in § 54.1-2522.1 of the Code of Virginia, and conduct an assessment of the patient's history and risk of substance misuse.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2928.2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 23, eff. August 8, 2018; amended, Virginia Register Volume 41, Issue 7, eff. January 2, 2025.

18VAC85-21-40 Treatment of acute pain and subacute pain with opioids

A. Initiation of opioid treatment for patients with acute pain and subacute pain shall be with short-acting opioids .

A prescriber providing treatment for acute or subacute pain shall not prescribe a controlled substance containing an opioid in a quantity that exceeds a 14-day supply, unless extenuating circumstances are clearly documented in the medical record.
An opioid prescribed as part of treatment for a surgical procedure shall be for no more than 14 consecutive days and within the immediate perioperative period, unless extenuating circumstances are clearly documented in the medical record.

B. Initiation of opioid treatment for all patients shall include the following:

The practitioner shall carefully consider and document in the medical recordthe reasons to exceed 50 MME/day.
Prior to exceeding 120 MME/day, the practitioner shall document in the medicalrecord the reasonable justification for such doses or refer to or consult with a pain management specialist.
An FDA-approved opioid reversal agent shall be prescribed for any patient when risk factors of prior overdose, substance misuse, doses in excess of 120 MME/day, or concomitant benzodiazepine are present.

C. Due to a higher risk of fatal overdose when opioids are prescribed with benzodiazepines, sedative hypnotics, carisoprodol, and tramadol (an atypical opioid), the prescriber shall only co-prescribe these substances when there are extenuating circumstances and shall document in the medical recorda tapering plan to achieve the lowest possible effective doses if these medications are prescribed.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2928.2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 23, eff. August 8, 2018; amended, Virginia Register Volume 41, Issue 7, eff. January 2, 2025.

18VAC85-21-50 Medical records for acute pain and subacute pain

The medical record shall include a description of the pain, a presumptive diagnosis for the origin of the pain, an examination appropriate to the complaint, a treatment plan, and the medication prescribed or administered to include the date, type, dosage, and quantity prescribed or administered.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2928.2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 23, eff. August 8, 2018.

Part III Management of Chronic Pain

18VAC85-21-60 Evaluation of the chronic pain patient

A. Prior to initiating management or continuing management of chronic pain with a controlled substance containing an opioid, a medical history and physical examination, to include a mental status examination, shall be performed and documented in the medical record, including:

The nature and intensity of the pain;
Current and past treatments for pain;
Underlying or coexisting diseases or conditions;
The effect of the pain on physical and psychological function, quality of life, and activities of daily living;
Psychiatric and substance use disorder or misuse history of the patient and any family history of substance use disorder or misuse;
A urine drug screen or serum medication level;
A query of the Prescription Monitoring Program as set forth in § 54.1-2522.1 of the Code of Virginia;
An assessment of the patient's history and risk of substance misuse; and
A request for prior applicable records.

B. Prior to initiating opioid treatment for chronic pain, the practitioner shall discuss with the patient the known risks and benefits of opioid therapy and the responsibilities of the patient during treatment to include securely storing the drug and properly disposing of any unwanted or unused drugs. The practitioner shall also discuss with the patient an exit strategy for the discontinuation of opioids in the event they are not effective.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2928.2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 23, eff. August 8, 2018; amended, Virginia Register Volume 41, Issue 7, eff. January 2, 2025.

18VAC85-21-70 Treatment of chronic pain with opioids

A. Nonpharmacologic and non-opioid treatment for pain shall be given consideration prior to treatment with opioids.

B. In initiating and treating with an opioid, the practitioner shall:

Carefully consider and document in the medical recordthe reasons to exceed 50 MME per day;
Prior to exceeding 120 MME per day, the practitioner shall document in the medical record the reasonable justification for such doses or refer to or consult with a pain management specialist;
Prescribe an FDA-approved opioid reversal agent for any patient when risk factors of prior overdose, substance misuse, doses in excess of 120 MME per day, or concomitant benzodiazepine are present; and
Document the rationale to continue opioid therapy every three months.

C. Buprenorphine mono-product in tablet form shall not be prescribed for chronic pain.

D. Due to a higher risk of fatal overdose when opioids, including buprenorphine, are given with other opioids, benzodiazepines, sedative hypnotics, carisoprodol, and tramadol (an atypical opioid), the prescriber shall only co-prescribe these substances when there are extenuating circumstances and shall document in the medical record a tapering plan to achieve the lowest possible effective doses of these medications if prescribed.

E. The practitioner shall (i) regularly evaluate the patient for opioid use disorder and (ii) initiate specific treatment for opioid use disorder, consult with an appropriate health care provider, or refer the patient for evaluation and treatment if indicated.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2928.2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 23, eff. August 8, 2018; amended, Virginia Register Volume 41, Issue 7, eff. January 2, 2025.

18VAC85-21-80 Treatment plan for chronic pain

A. The medical record shall include a treatment plan that states measures to be used to determine progress in treatment, including pain relief and improved physical and psychosocial function, quality of life, and daily activities.

B. The treatment plan shall include further diagnostic evaluations and other treatment modalities or rehabilitation that may be necessary depending on the etiology of the pain and the extent to which the pain is associated with physical and psychosocial impairment.

C. The prescriber shall document in the medicalrecord the presence of any indicators for medication misuse or diversion.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2928.2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 23, eff. August 8, 2018; amended, Virginia Register Volume 41, Issue 7, eff. January 2, 2025.

18VAC85-21-90 Informed consent and agreement for treatment for chronic pain

A. The practitioner shall document in the medical record informed consent, to include risks, benefits, and alternative approaches, prior to the initiation of opioids for chronic pain.

B. There shall be a written treatment agreement signed by the patient in the medical record that addresses the parameters of treatment, including those behaviors that will result in referral to a higher level of care, cessation of treatment, or dismissal from care.

C. The treatment agreement shall include notice that the practitioner will query and receive reports from the Prescription Monitoring Program and permission for the practitioner to:

Obtain urine drug screens or serum medication levels when requested; and
Consult with other prescribers or dispensing pharmacists for the patient.

D. Expected outcomes shall be documented in the medical record including improvement in pain relief and function or simply in pain relief. Limitations and side effects of chronic opioid therapy shall be documented in the medical record.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2928.2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 23, eff. August 8, 2018.

18VAC85-21-100 Opioid therapy for chronic pain

A. The practitioner shall review the course of pain treatment and any new information about the etiology of the pain and the patient's state of health at least every three months.

B. Continuation of treatment with opioids shall be supported by documentation of continued benefit from such prescribing. If the patient's progress is unsatisfactory, the practitioner shall assess the appropriateness of continued use of the current treatment plan and consider the use of other therapeutic modalities.

C. If the treatment plan includes opioid tapering, the taper rate shall be individualized based on the patient's clinical situation. A practitioner should not abruptly stop opioid treatment without tapering unless the prescriber documents extenuating circumstances.

D. The practitioner shall check the Prescription Monitoring Program at least every three months after the initiation of treatment.

E. The practitioner shall order and review a urine drug screen or serum medication levels at the initiation of chronic pain management and thereafter randomly at the discretion of the practitioner but at least once a year.

F. The practitioner shall (i) regularly evaluate the patient for opioid use disorder and (ii) initiate specific treatment for opioid use disorder, consult with an appropriate health care provider, or refer the patient for evaluation for treatment if indicated.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2928.2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 23, eff. August 8, 2018; amended, Virginia Register Volume 41, Issue 7, eff. January 2, 2025.

18VAC85-21-110 Additional consultations

A. When necessary to achieve treatment goals, the prescriber shall refer the patient for additional evaluation and treatment.

B. When a prescriber makes the diagnosis of opioid use disorder, treatment for opioid use disorder shall be initiated or the patient shall be referred for evaluation and treatment.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2928.2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 23, eff. August 8, 2018.

18VAC85-21-120 Medical records for chronic pain

The prescriber shall keep current, accurate, and complete records in an accessible manner readily available for review to include:

The medical history and physical examination;
Past medical history;
Applicable records from prior treatment providers or any documentation of attempts to obtain those records;
Diagnostic, therapeutic, and laboratory results;
Evaluations and consultations;
Treatment goals;
Discussion of risks and benefits;
Informed consent and agreement for treatment;
Treatments;
Medications (including date, type, dosage, and quantity prescribed and refills);
Patient instructions; and
Periodic reviews.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2928.2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 23, eff. August 8, 2018.

Part IV Prescribing of Buprenorphine for Opioid Use Disorder

18VAC85-21-130 General provisions pertaining to prescribing of buprenorphine for opioid use disorder

A. Practitioners shall abide by all federal and state laws and regulations governing the prescribing of buprenorphine for the treatment of opioid use disorder.

B. Physician assistants shall prescribe buprenorphine for opioid use disorder pursuant to a practice agreement with a patient care team doctor of medicine or doctor of osteopathic medicine.

C. Practitioners engaged in medication-assisted treatment shall offer counseling or provide a referral for counseling to each patient as clinically indicated. The practitioner shall document the provision of counseling or a referral for counseling in the medical record. A patient's refusal to receive counseling does not preclude the patient from receiving office-based buprenorphine treatment for opioid use disorder.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2928.2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 23, eff. August 8, 2018; amended, Virginia Register Volume 41, Issue 7, eff. January 2, 2025; Volume 43, Issue 1, eff. September 23, 2026.

18VAC85-21-140 Patient assessment and treatment planning for opioid use disorder

A. A practitioner shall perform and document an assessment that includes a comprehensive medical and psychiatric history, substance misuse history, family history and psychosocial supports, appropriate physical examination, urine drug screen, pregnancy test for women of childbearing age and ability, a check of the Prescription Monitoring Program, and, when clinically indicated, infectious disease testing for human immunodeficiency virus, hepatitis B, hepatitis C, tuberculosis, and liver function tests.

B. The treatment plan shall include the practitioner's rationale for selecting medications for opioid use disorder, patient education, written informed consent, referral for counseling, and a signed treatment agreement that outlines the responsibilities of the patient and the prescriber.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2928.2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 23, eff. August 8, 2018; amended, Virginia Register Volume 41, Issue 7, eff. January 2, 2025.

18VAC85-21-150 Treatment with buprenorphine for opioid use disorder

A. Buprenorphine without naloxone (buprenorphine mono-product) shall not be prescribed except:

When a patient is pregnant;
When converting a patient from methadone or buprenorphine mono-product to buprenorphine containing naloxone for a period not to exceed seven days;
In formulations other than tablet form for indications approved by the FDA; or
For patients who have a demonstrated intolerance to naloxone; such prescriptions for the mono-product shall not exceed 3.0% of the total prescriptions for buprenorphine written by the prescriber, and the exception shall be clearly documented in the patient's medical record.

B. Buprenorphine mono-product tablets may be administered directly to patients in federally licensed opioid treatment programs. With the exception of those conditions listed in subsection A of this section, only the buprenorphine product containingnaloxone shall be prescribed or dispensed for use off site from the program.

C. The evidence for the decision to use buprenorphine mono-product shall be fully documented in the medical record.

D. Due to a higher risk of fatal overdose when buprenorphine is prescribed with other opioids, benzodiazepines, sedative hypnotics, carisoprodol, and tramadol (an atypical opioid), the prescriber shall only co-prescribe these substances when there are extenuating circumstances and shall document in the medical record a tapering plan to achieve the lowest possible effective dosesif these medications are prescribed.

E. Prior to starting medications for opioid use disorder, the practitioner shall perform a check of the Prescription Monitoring Program.

F. During the induction phase, dosage shall be based on the patient's history and current usage, including exposure to high-potency opioids. The patient shall be evaluated by the prescriber at least once a week.

G. During the stabilization phase, the prescriber shall increase the daily dosage of buprenorphine in safe and effective increments to achieve the lowest dose that avoids intoxication, withdrawal, or significant drug craving.

H. Practitioners shall take steps to reduce the chances of buprenorphine diversion and misuse by using the lowest effective dose, appropriate frequency of office visits, pill counts, and checks of the Prescription Monitoring Program. The practitioner shall also require urine drug screens or serum medication levels at least every three months for the first year of treatment and at least every six months thereafter.

I. Documentation of the rationale for prescribed doses exceeding 24 milligrams of buprenorphine per day shall be placed in the medical record.

J. The practitioner shall incorporate relapse prevention strategies into counseling or document referral to a mental health service provider, as defined in § 54.1-2400.1 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2928.2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 23, eff. August 8, 2018; amended, Virginia Register Volume 41, Issue 7, eff. January 2, 2025.

18VAC85-21-160 Special populations in treatment for opioid use disorder

A. Patients younger than 16 years of age shall not be prescribed buprenorphine for addiction treatment unless such treatment is approved by the FDA.

B. The progress of patients with chronic pain shall be assessed by reduction of pain and functional objectives that can be identified, quantified, and independently verified.

C. Practitioners shall (i) evaluate patients with medical comorbidities by history, physical exam, and appropriate laboratory studies and (ii) be aware of interactions of buprenorphine with other prescribed medications.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2928.2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 23, eff. August 8, 2018; amended, Virginia Register Volume 41, Issue 7, eff. January 2, 2025.

18VAC85-21-170 Medical records for opioid addiction treatment

A. Records shall be timely, accurate, legible, complete, and readily accessible for review.

B. The treatment agreement and informed consent shall be maintained in the medical record.

C. Confidentiality requirements of 42 CFR Part 2 shall be followed.

D. Compliance with 18VAC85-20-27, which prohibits willful or negligent breach of confidentiality or unauthorized disclosure of confidential Prescription Monitoring Program information, shall be maintained.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2928.2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 23, eff. August 8, 2018.

Chapter 40 Regulations Governing the Practice of Respiratory Therapists

Part I General Provisions

18VAC85-40-10 Definitions

A. The following words and terms when used in this chapter shall have the meanings ascribed to them in § 54.1-2900 of the Code of Virginia:

Board

Qualified medical direction

B. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"AARC" means the American Association for Respiratory Care.

"Accredited educational program" means a program accredited by the Commission on Accreditation for Respiratory Care or any other agency approved by the NBRC for its entry level certification examination.

"Active practice" means a minimum of 160 hours of professional practice as a respiratory therapist within the 24-month period immediately preceding renewal or application for licensure if previously licensed or certified in another jurisdiction. The active practice of respiratory care may include supervisory, administrative, educational or consultative activities or responsibilities for the delivery of such services.

"Advisory board" means the Advisory Board on Respiratory Care to the Board of Medicine as specified in § 54.1-2956 of the Code of Virginia.

"NBRC" means the National Board for Respiratory Care, Inc.

"Respiratory therapist" means a person as specified in § 54.1-2954 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2912.1 of the Code of Virginia.
Historical Notes: Derived from VR465-04-01 § 1.1, eff. February 14, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 8, 1992; Volume 14, Issue 21, eff. August 5, 1998; Volume 16, Issue 7, eff. January 19, 2000; Volume 19, Issue 19, eff. July 2, 2003; Volume 29, Issue 25, eff. September 26, 2013; Volume 32, Issue 1, eff. October 7, 2015.

18VAC85-40-20 Public participation

A separate board regulation, 18VAC85-11, provides for involvement of the public in the development of all regulations of the Virginia Board of Medicine.

History

Statutory Authority: §§ 54.1-2400, 54.1-2900 and 54.1-2954 through 54.1-2956.1 of the Code of Virginia.
Historical Notes: Derived from VR465-04-01 § 1.2, eff. February 14, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 8, 1992; Volume 14, Issue 21, eff. August 5, 1998.

18VAC85-40-25 Current name and address

Each licensee shall furnish the board his current name and address of record. All notices required by law or by this chapter to be given by the board to any such licensee shall be validly given when sent to the latest address of record provided or served to the licensee. Any change of name or change in the address of record or public address, if different from the address of record, shall be furnished to the board within 30 days of such change.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 7, eff. January 19, 2000; amended, Virginia Register Volume 25, Issue 23, eff. August 19, 2009; Volume 35, Issue 12, eff. March 22, 2019.

18VAC85-40-30 Violations

Any violation of Chapter 29 of Title 54.1 of the Code of Virginia shall be subject to the statutory sanctions as set forth in the Act.

History

Statutory Authority: §§ 54.1-2400, 54.1-2954, 54.1-2954.1, 54.1-2955 and 54.1-2956 of the Code of Virginia.
Historical Notes: Derived from VR465-04-01 § 1.3, eff. February 14, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 8, 1992.

18VAC85-40-35 Fees

The following fees are required:

The application fee, payable at the time the application is filed, shall be $130.
The biennial fee for renewal of active licensure shall be $135 and for renewal of inactive licensure shall be $70, payable in each odd-numbered year in the license holder's birth month. For 2021, the fee for renewal of an active license shall be $108, and the fee for renewal of an inactive license shall be $54.
The additional fee for late renewal of licensure within one renewal cycle shall be $50.
The fee for reinstatement of a license issued by the Board of Medicine pursuant to § 54.1-2904 of the Code of Virginia, which has lapsed for a period of two years or more, shall be $180 and must be submitted with an application for licensure reinstatement.
The fee for reinstatement of a license pursuant to § 54.1-2408.2 of the Code of Virginia shall be $2,000.
The fee for a duplicate license shall be $5.00, and the fee for a duplicate wall certificate shall be $15.
The handling fee for a returned check or a dishonored credit card or debit card shall be $50.
The fee for a letter of good standing or verification to another jurisdiction shall be $10. The fee for certification of grades to another jurisdiction shall be $25.
The fee for an application or for the biennial renewal of a restricted volunteer license shall be $35, due in the licensee's birth month. An additional fee for late renewal of licensure shall be $15 for each renewal cycle.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 19, eff. July 2, 2003; amended, Virginia Register Volume 22, Issue 9, eff. February 8, 2006; Volume 23, Issue 9, eff. February 7, 2007; Volume 24, Issue 11, eff. March 5, 2008; Volume 29, Issue 26, eff. September 25, 2013; Volume 32, Issue 9, eff. January 27, 2016; Volume 34, Issue 7, eff. December 17, 2017; Volume 36, Issue 1, eff. October 2, 2019; Volume 36, Issue 11, eff. March 5, 2020.

Part II Requirements for Licensure as a Respiratory Therapist

18VAC85-40-40 Initial licensure requirements

An applicant for initial licensure shall submit the following on forms provided by the board:

A completed application and a fee as prescribed in 18VAC85-40-35.
Verification of professional education in respiratory care as required in 18VAC85-40-45.
Verification of practice as required on the application form.
Evidence of passage of the national examination as required in 18VAC85-40-50.
Verification that there has been no disciplinary action taken or pending in any other jurisdiction.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2912.1 of the Code of Virginia.
Historical Notes: Derived from VR465-04-01 § 2.1, eff. February 14, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 8, 1992; Volume 14, Issue 21, eff. August 5, 1998; Volume 16, Issue 7, eff. January 19, 2000; Volume 19, Issue 19, eff. July 2, 2003; Volume 29, Issue 25, eff. September 26, 2013; Volume 32, Issue 1, eff. October 7, 2015; Volume 43, Issue 1, eff. September 23, 2026.

18VAC85-40-45 Educational requirements for initial licensure

An applicant for initial licensure shall:

Be a graduate of an accredited educational program for respiratory therapists; or
Hold current credentialing as a Certified Respiratory Therapist or a Registered Respiratory Therapist from the NBRC or any other credentialing body determined by the board to be equivalent.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2912.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 7, eff. January 19, 2000; amended, Virginia Register Volume 19, Issue 19, eff. July 2, 2003; Volume 32, Issue 1, eff. October 7, 2015; Volume 43, Issue 1, eff. September 23, 2026.

18VAC85-40-50 Examination requirements for initial licensure

An applicant for an initial license to practice as a licensed respiratory therapist shall submit to the board evidence that the applicant has passed the NBRC entry level examination for respiratory care, or its equivalent as approved by the board.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2912.1 of the Code of Virginia.
Historical Notes: Derived from VR465-04-01 § 2.2, eff. February 14, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 8, 1992; Volume 14, Issue 21, eff. August 5, 1998; Volume 16, Issue 7, eff. January 19, 2000; Volume 19, Issue 19, eff. July 2, 2003; Volume 32, Issue 1, eff. October 7, 2015; Volume 43, Issue 1, eff. September 23, 2026.

18VAC85-40-51 Licensure by endorsement

An applicant for licensure by endorsement shall submit the following:

Evidence of a current, active license in a United States jurisdiction or Canada that is in good standing;
A completed application and fee;
Verification of a professional credential as a Certified Respiratory Therapist or Registered Respiratory Therapist from the NBRC; and
A current report from the National Practitioner Data Bank.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 43, Issue 1, eff. September 23, 2026.

18VAC85-40-55 Registration for voluntary practice by out-of-state licensees

Any respiratory therapist who does not hold a license to practice in Virginia and who seeks registration to practice under subdivision 27 of § 54.1-2901 of the Code of Virginia on a voluntary basis under the auspices of a publicly supported, all volunteer, nonprofit organization that sponsors the provision of health care to populations of underserved people shall:

File a complete application for registration on a form provided by the board at least five business days prior to engaging in such practice. An incomplete application will not be considered;
Provide a complete record of professional licensure in each state in which he has held a license and a copy of any current license;
Provide the name of the nonprofit organization, the dates and location of the voluntary provision of services;
Pay a registration fee of $10; and
Provide a notarized statement from a representative of the nonprofit organization attesting to its compliance with provisions of subdivision 27 of § 54.1-2901 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2912.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. June 18, 2003; amended, Virginia Register Volume 24, Issue 24, eff. September 3, 2008; Volume 32, Issue 1, eff. October 7, 2015.

Part III Renewal and Reinstatement

18VAC85-40-60 Renewal of license

A. Every licensed respiratory therapist intending to continue his licensure shall biennially in each odd-numbered year in his birth month:

Register with the board for renewal of his license;
Pay the prescribed renewal fee at the time he files for renewal;
Attest that he has engaged in active practice as defined in 18VAC85-40-10 or present other documented evidence acceptable to the board that he is prepared to resume practice; and
Attest to having met the continuing education requirements of 18VAC85-40-66.

B. A respiratory therapist whose licensure has not been renewed by the first day of the month following the month in which renewal is required shall pay a late fee as prescribed in 18VAC85-40-35.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2912.1 of the Code of Virginia.
Historical Notes: Derived from VR465-04-01 § 2.3, eff. February 14, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 8, 1992; Volume 14, Issue 21, eff. August 5, 1998; Volume 16, Issue 7, eff. January 19, 2000; Volume 19, Issue 19, eff. July 2, 2003; Volume 32, Issue 1, eff. October 7, 2015.

18VAC85-40-61 Inactive license

A licensed respiratory therapist who holds a current, unrestricted license in Virginia shall, upon a request on the renewal application and submission of the required fee, be issued an inactive license. The holder of an inactive license shall not be entitled to perform any act requiring a license to practice respiratory care in Virginia.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2912.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 17, Issue 13, eff. April 11, 2001; amended, Virginia Register Volume 19, Issue 19, eff. July 2, 2003; Volume 24, Issue 1, eff. October 17, 2007.

18VAC85-40-65 Reactivation or reinstatement

A. To reactivate an inactive license or to reinstate a license that has been lapsed for more than two years, a respiratory therapist shall submit evidence of competency to return to active practice to include one of the following:

Information on continued practice in another jurisdiction during the period in which the license has been inactive or lapsed;
Ten hours of continuing education for each year in which the license has been inactive or lapsed, not to exceed three years; or
Recertification by passage of an examination from NBRC.

B. To reactivate an inactive license, a respiratory therapist shall pay a fee equal to the difference between the current renewal fee for inactive licensure and the renewal fee for active licensure.

C. To reinstate a license which has been lapsed for more than two years, a respiratory therapist shall file an application for reinstatement and pay the fee for reinstatement of his licensure as prescribed in 18VAC85-40-35. The board may specify additional requirements for reinstatement of a license so lapsed to include education, experience or reexamination.

D. A respiratory therapist whose licensure has been revoked by the board and who wishes to be reinstated shall make a new application to the board, fulfill additional requirements as specified in the order from the board and make payment of the fee for reinstatement of his licensure as prescribed in 18VAC85-40-35 pursuant to § 54.1-2408.2 of the Code of Virginia.

E. The board reserves the right to deny a request for reactivation or reinstatement to any licensee who has been determined to have committed an act in violation of § 54.1-2915 of the Code of Virginia or any provisions of this chapter.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2912.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 7, eff. January 19, 2000; amended, Virginia Register Volume 19, Issue 19, eff. July 2, 2003; Volume 23, Issue 9, eff. February 7, 2007; Volume 24, Issue 1, eff. October 17, 2007; Volume 32, Issue 1, eff. October 7, 2015.

18VAC85-40-66 Continuing education requirements

A. In order to renew an active license as a respiratory therapist, a licensee shall attest to having completed 20 hours of continuing education within the last biennium as follows:

Courses approved and documented by a sponsor recognized by the AARC;
Courses directly related to the practice of respiratory care as approved by the American Medical Association for Category 1 CME credit;
A credit course of post-licensure academic education relevant to respiratory care offered by a college or university accredited by an agency recognized by the U.S. Department of Education; or
Passage of a specialty examination of the National Board of Respiratory Care for 20 hours of credit in the biennium in which the examination was passed.

Up to two continuing education hours may be satisfied through delivery of respiratory therapy services, without compensation, to low-income individuals receiving services through a local health department or a free clinic organized in whole or primarily for the delivery of health services. One hour of continuing education may be credited for three hours of providing such volunteer services. For the purpose of continuing education credit for voluntary service, the hours shall be approved and documented by the health department or free clinic.

B. A practitioner shall be exempt from the continuing education requirements for the first biennial renewal following the date of initial licensure in Virginia.

C. The practitioner shall retain in his records the completed form with all supporting documentation for a period of four years following the renewal of an active license.

D. The board shall periodically conduct a random audit of its active licensees to determine compliance. The practitioners selected for the audit shall provide all supporting documentation within 30 days of receiving notification of the audit.

E. Failure to comply with these requirements may subject the licensee to disciplinary action by the board.

F. The board may grant an extension of the deadline for continuing competency requirements, for up to one year, for good cause shown upon a written request from the licensee prior to the renewal date.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 19, eff. July 2, 2003; amended, Virginia Register Volume 22, Issue 7, eff. January 11, 2006; Volume 29, Issue 25, eff. September 26, 2013; Volume 32, Issue 1, eff. October 7, 2015; Volume 33, Issue 11, eff. March 9, 2017; Volume 37, Issue 1, eff. October 15, 2020.

18VAC85-40-67 Restricted volunteer license

A. A respiratory therapist who held an unrestricted license issued by the Virginia Board of Medicine or by a board in another state as a licensee in good standing at the time the license expired or became inactive may be issued a restricted volunteer license to practice without compensation in a clinic that is organized in whole or in part for the delivery of health care services without charge in accordance with § 54.1-106 of the Code of Virginia.

B. To be issued a restricted volunteer license, a respiratory therapist shall submit an application to the board that documents compliance with requirements of § 54.1-2928.1 of the Code of Virginia and the application fee prescribed in 18VAC85-40-35.

D. The holder of a restricted volunteer license shall not be required to attest to hours of continuing education for the first renewal of such a license. For each renewal thereafter, the licensee shall attest to obtaining 10 hours of continuing education as approved and documented by a sponsor recognized by the AARC or in courses directly related to the practice of respiratory care as approved by the American Medical Association for Category 1 CME credit within the last biennium.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2912.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 11, eff. March 5, 2008; amended, Virginia Register Volume 32, Issue 1, eff. October 7, 2015.

Part IV Scope of Practice

18VAC85-40-70 Individual responsibilities

Practice as a licensed respiratory therapist means, upon receipt of written or verbal orders from a qualified practitioner and under qualified medical direction, the evaluation, care and treatment of patients with deficiencies and abnormalities associated with the cardiopulmonary system. This practice shall include, but not be limited to, ventilatory assistance and support; the insertion of artificial airways without cutting tissue and the maintenance of such airways; the administration of medical gases exclusive of general anesthesia; topical administration of pharmacological agents to the respiratory tract; humidification; and administration of aerosols. The practice of respiratory care shall include such functions shared with other health professionals as cardiopulmonary resuscitation; bronchopulmonary hygiene; respiratory rehabilitation; specific testing techniques required to assist in diagnosis, therapy and research; and invasive and noninvasive cardiopulmonary monitoring.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2912.1 of the Code of Virginia.
Historical Notes: Derived from VR465-04-01 § 3.1, eff. February 14, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 8, 1992; Volume 14, Issue 21, eff. August 5, 1998; Volume 32, Issue 1, eff. October 7, 2015.

18VAC85-40-80 (Repealed.)

Historical Notes

Derived from VR465-04-01 § 4.1, eff. February 14, 1990; amended, Virginia Register Volume 8, Issue 25, eff. October 8, 1992; Volume 14, Issue 21, eff. August 5, 1998; Volume 16, Issue 7, eff. January 19, 2000; Volume 16, Issue 13, eff. April 12, 2000; repealed, Virginia Register Volume 19, Issue 19, eff. July 2, 2003.

Part V Standards of Professional Conduct

18VAC85-40-85 Confidentiality

A practitioner shall not willfully or negligently breach the confidentiality between a practitioner and a patient. A breach of confidentiality that is required or permitted by applicable law or beyond the control of the practitioner shall not be considered negligent or willful.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005.

18VAC85-40-86 Patient records

A. Practitioners shall comply with the provisions of § 32.1-127.1:03 of the Code of Virginia related to the confidentiality and disclosure of patient records.

B. Practitioners shall provide patient records to another practitioner or to the patient or his personal representative in a timely manner in accordance with provisions of § 32.1-127.1:03 of the Code of Virginia.

C. Practitioners shall properly manage and keep timely, accurate, legible and complete patient records.

D. Practitioners who are employed by a health care institution or other entity in which the individual practitioner does not own or maintain his own records shall maintain patient records in accordance with the policies and procedures of the employing entity.

E. Practitioners who are self-employed or employed by an entity in which the individual practitioner owns and is responsible for patient records shall:

Maintain a patient record for a minimum of six years following the last patient encounter with the following exceptions:

a. Records of a minor child, including immunizations, shall be maintained until the child reaches the age of 18 or becomes emancipated, with a minimum time for record retention of six years from the last patient encounter regardless of the age of the child;

b. Records that have previously been transferred to another practitioner or health care provider or provided to the patient or his personal representative; or

c. Records that are required by contractual obligation or federal law may need to be maintained for a longer period of time.

From October 19, 2005, post information or in some manner inform all patients concerning the time frame for record retention and destruction. Patient records shall only be destroyed in a manner that protects patient confidentiality, such as by incineration or shredding.
When closing, selling or relocating his practice, meet the requirements of § 54.1-2405 of the Code of Virginia for giving notice that copies of records can be sent to any like-regulated provider of the patient's choice or provided to the patient.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005.

18VAC85-40-87 Practitioner-patient communication; termination of relationship

A. Communication with patients.

Except as provided in § 32.1-127.1:03 F of the Code of Virginia, a practitioner shall accurately present information to a patient or his legally authorized representative in understandable terms and encourage participation in decisions regarding the patient's care.
A practitioner shall not deliberately make a false or misleading statement regarding the practitioner's skill or the efficacy or value of a medication, treatment, or procedure provided or directed by the practitioner in the treatment of any disease or condition.
Before an invasive procedure is performed, informed consent shall be obtained from the patient in accordance with the policies of the health care entity. Practitioners shall inform patients of the risks, benefits, and alternatives of the recommended procedure that a reasonably prudent practitioner practicing respiratory care in Virginia would tell a patient.

a. In the instance of a minor or a patient who is incapable of making an informed decision on his own behalf or is incapable of communicating such a decision due to a physical or mental disorder, the legally authorized person available to give consent shall be informed and the consent documented.

b. An exception to the requirement for consent prior to performance of an invasive procedure may be made in an emergency situation when a delay in obtaining consent would likely result in imminent harm to the patient.

Practitioners shall adhere to requirements of § 32.1-162.18 of the Code of Virginia for obtaining informed consent from patients prior to involving them as subjects in human research with the exception of retrospective chart reviews.

B. Termination of the practitioner/patient relationship.

The practitioner or the patient may terminate the relationship. In either case, the practitioner shall make the patient record available, except in situations where denial of access is allowed by law.
A practitioner shall not terminate the relationship or make his services unavailable without documented notice to the patient that allows for a reasonable time to obtain the services of another practitioner.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005.

18VAC85-40-88 Practitioner responsibility

A. A practitioner shall not:

Perform procedures or techniques that are outside the scope of his practice or for which he is not trained and individually competent;
Knowingly allow subordinates to jeopardize patient safety or provide patient care outside of the subordinate's scope of practice or area of responsibility. Practitioners shall delegate patient care only to subordinates who are properly trained and supervised;
Engage in an egregious pattern of disruptive behavior or interaction in a health care setting that interferes with patient care or could reasonably be expected to adversely impact the quality of care rendered to a patient; or
Exploit the practitioner/patient relationship for personal gain.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005.

18VAC85-40-89 Solicitation or remuneration in exchange for referral

A practitioner shall not knowingly and willfully solicit or receive any remuneration, directly or indirectly, in return for referring an individual to a facility or institution as defined in § 37.2-100 of the Code of Virginia or hospital as defined in § 32.1-123 of the Code of Virginia.

Remuneration shall be defined as compensation, received in cash or in kind, but shall not include any payments, business arrangements, or payment practices allowed by 42 USC § 1320 a-7b(b), as amended, or any regulations promulgated thereto.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005.

18VAC85-40-90 Sexual contact

A. For purposes of § 54.1-2915 A 12 and A 19 of the Code of Virginia and this section, sexual contact includes, but is not limited to, sexual behavior or verbal or physical behavior that:

May reasonably be interpreted as intended for the sexual arousal or gratification of the practitioner, the patient, or both; or
May reasonably be interpreted as romantic involvement with a patient regardless of whether such involvement occurs in the professional setting or outside of it.

B. Sexual contact with a patient.

The determination of when a person is a patient for purposes of § 54.1-2915 A 19 of the Code of Virginia is made on a case-by-case basis with consideration given to the nature, extent, and context of the professional relationship between the practitioner and the person. The fact that a person is not actively receiving treatment or professional services from a practitioner is not determinative of this issue. A person is presumed to remain a patient until the patient-practitioner relationship is terminated.
The consent to, initiation of, or participation in sexual behavior or involvement with a practitioner by a patient does not change the nature of the conduct nor negate the statutory prohibition.

E. Sexual contact between a supervisor and a trainee shall constitute unprofessional conduct if the sexual contact is a result of the exploitation of trust, knowledge or influence derived from the professional relationship or if the contact has had or is likely to have an adverse effect on patient care.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005.

18VAC85-40-91 Refusal to provide information

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005.

Chapter 50 Regulations Governing the Practice of Physician Assistants

Part I General Provisions

18VAC85-50-10 Definitions

A. The following words and terms shall have the meanings ascribed to them in § 54.1-2900 of the Code of Virginia:

"Board"

"Collaboration"

"Consultation"

"Patient care team physician"

"Patient care team podiatrist"

"Physician assistant"

B. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Institution" means a hospital, nursing home or other health care facility, community health center, public health center, industrial medicine or corporation clinic, medical service facility, student health center, or other setting approved by the board.

"NCCPA" means the National Commission on Certification of Physician Assistants.

"Practice agreement" means a written or electronic agreement developed by one or more patient care team physicians or podiatrists and the physician assistant that defines the relationship between the physician assistant and the physicians or podiatrists, the prescriptive authority of the physician assistant, and the circumstances under which a physician or podiatrist will see and evaluate the patient.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR465-05-1 § 1.1, eff. February 1, 1989; amended, Virginia Register Volume 6, Issue 20, eff. August 1, 1990; Volume 8, Issue 12, eff. April 8, 1992; Volume 8, Issue 25, eff. October 8, 1992; Volume 10, Issue 9, eff. February 23, 1994; Volume 13, Issue 21, eff. August 6, 1997; Volume 14, Issue 21, eff. August 5, 1998; Volume 17, Issue 21, eff. August 1, 2001; Volume 19, Issue 18, eff. June 18, 2003; Volume 29, Issue 20, eff. July 3, 2013; Volume 29, Issue 25, eff. September 26, 2013; Volume 34, Issue 25, eff. September 20, 2018; Volume 37, Issue 13, eff. March 16, 2021; Volume 37, Issue 26, eff. September 15, 2021; Volume 41, Issue 21, eff. July 17, 2025.

18VAC85-50-20 (Repealed.)

Historical Notes

Derived from VR465-05-1 § 1.2, eff. February 1, 1989; amended, Virginia Register Volume 6, Issue 20, eff. August 1, 1990; Volume 8, Issue 12, eff. April 8, 1992; Volume 8, Issue 25, eff. October 8, 1992; Volume 10, Issue 9, eff. February 23, 1994; repealed, Virginia Register Volume 13, Issue 21, eff. August 6, 1997.

18VAC85-50-21 Current name and address

Each licensee shall furnish the board his current name and address of record. All notices required by law or by this chapter to be given by the board to any such licensee shall be validly given when sent to the latest address of record provided or served to the licensee. Any change of name or address of record or the public address, if different from the address of record, shall be furnished to the board within 30 days of such change.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 23, eff. August 19, 2009; amended, Virginia Register Volume 35, Issue 12, eff. March 22, 2019.

18VAC85-50-30 (Repealed.)

History

Historical Notes: Derived from VR465-05-1 § 1.3, eff. February 1, 1989; amended, Virginia Register Volume 6, Issue 20, eff. August 1, 1990; Volume 8, Issue 12, eff. April 8, 1992; Volume 8, Issue 25, eff. October 8, 1992; Volume 10, Issue 9, eff. February 23, 1994; Volume 13, Issue 21, eff. August 6, 1997; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

18VAC85-50-35 Fees

Unless otherwise provided, the following fees shall not be refundable:

The initial application fee for a license, payable at the time application is filed, shall be $130.
The biennial fee for renewal of an active license shall be $135 and for renewal of an inactive license shall be $70, payable in each odd-numbered year in the birth month of the licensee.
The additional fee for late renewal of licensure within one renewal cycle shall be $50.
A restricted volunteer license issued pursuant to § 54.1-2951.3 of the Code of Virginia shall expire 12 months from the date of issuance and may be renewed without charge by receipt of a renewal application that verifies that the physician assistant continues to comply with provisions of § 54.1-2951.3 of the Code of Virginia.
The fee for reinstatement of a license pursuant to § 54.1-2408.2 of the Code of Virginia shall be $2,000.
The fee for reinstatement of a license that has been expired for a period of two years or more shall be $180.
The fee for a duplicate license shall be $5.00, and the fee for a duplicate wall certificate shall be $15.
The handling fee for a returned check or a dishonored credit card or debit card shall be $50.
The fee for a letter of good standing or verification to another jurisdiction shall be $10.
The fee for an application or for the biennial renewal of a restricted volunteer license pursuant to 18VAC85-50-61 shall be $35, due in the licensee's birth month. An additional fee for late renewal of licensure shall be $15 for each renewal cycle.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 18, Issue 21, eff. July 31, 2002; amended, Virginia Register Volume 22, Issue 9, eff. February 8, 2006; Volume 23, Issue 9, eff. February 7, 2007; Volume 24, Issue 11, eff. March 5, 2008; Volume 29, Issue 26, eff. September 25, 2013; Volume 32, Issue 9, eff. January 27, 2016; Volume 34, Issue 7, eff. December 27, 2017; Volume 37, Issue 13, eff. March 16, 2021; Volume 41, Issue 21, eff. July 17, 2025; Volume 42, Issue 14, eff. April 9, 2026.

Part II Requirements for Practice as a Physician Assistant

18VAC85-50-40 General requirements

A. No person shall practice as a physician assistant in the Commonwealth of Virginia except as provided in this chapter.

B. Except as provided in § 54.1-2952 C of the Code of Virginia, all services rendered by a physician assistant shall be performed only in accordance with a practice agreement with one or more doctors of medicine, osteopathy, or podiatry licensed by this board to practice in the Commonwealth.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR465-05-1 § 2.1, eff. February 1, 1989; amended, Virginia Register Volume 6, Issue 20, eff. August 1, 1990; Volume 8, Issue 12, eff. April 8, 1992; Volume 8, Issue 25, eff. October 8, 1992; Volume 10, Issue 9, eff. February 23, 1994; Volume 13, Issue 21, eff. August 6, 1997; Volume 19, Issue 18, eff. June 18, 2003; Volume 37, Issue 13, eff. March 16, 2021; Volume 37, Issue 26, eff. September 15, 2021; Volume 39, Issue 4, eff. November 9, 2022.

18VAC85-50-50 Initial licensure

The applicant seeking initial licensure as a physician assistant shall submit:

A completed application and fee as prescribed by the board.
Documentation of successful completion of an educational program as prescribed in § 54.1-2951.1 of the Code of Virginia.
Documentation of passage of the certifying examination administered by the National Commission on Certification of Physician Assistants.
If licensed or certified in any other jurisdiction, verification that there has been no disciplinary action taken or pending in that jurisdiction.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR465-05-1 § 2.2, eff. February 1, 1989; amended, Virginia Register Volume 6, Issue 20, eff. August 1, 1990; Volume 8, Issue 12, eff. April 8, 1992; Volume 8, Issue 25, eff. October 8, 1992; Volume 10, Issue 9, eff. February 23, 1994; Volume 13, Issue 21, eff. August 6, 1997; Volume 14, Issue 21, eff. August 5, 1998; Volume 36, Issue 1, eff. October 2, 2019; Volume 38, Issue 13, eff. April 1, 2022; Volume 42, Issue 21, eff. July 1, 2026.

18VAC85-50-51 Licensure by endorsement requirements

An applicant for licensure by endorsement shall submit the following:

Evidence of a current, active license in a United States jurisdiction or Canada that is in good standing;
A completed application and fee;
Evidence of current certification issued by the NCCPA; and
A current report from the National Practitioner Data Bank.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 21, eff. July 1, 2026.

18VAC85-50-55 Provisional licensure

Pending the outcome of the next examination administered by the NCCPA, an applicant who has met all other requirements of 18VAC85-50-50 at the time his initial application is submitted may be granted provisional licensure by the board. The provisional licensure shall be valid until the applicant takes the next subsequent NCCPA examination and its results are reported, but this period of validity shall not exceed 30 days following the reporting of the examination scores, after which the provisional license shall be invalid.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2949 through 54.1-2953 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 21, eff. August 6, 1997; amended, Virginia Register Volume 14, Issue 21, eff. August 5, 1998.

18VAC85-50-56 Renewal of license

A. Every licensed physician assistant intending to continue to practice shall biennially renew the license in each odd-numbered year in the licensee's birth month by:

Returning the renewal form and fee as prescribed by the board; and
Verifying compliance with continuing medical education standards established by the NCCPA.

B. No physician assistant who allows an NCCPA certification to lapse shall be considered licensed by the board. Any such physician assistant who proposes to resume practice within two years or fewer shall apply for renewal and pay the late fee specified in 18VAC85-50-35. A physician assistant shall apply for reinstatement and pay the associated fee specified in 18VAC85-50-35 if the license has lapsed for more than two years.

History

Statutory Authority: § 54.1-2400 and Chapter 29 (§ 54.1-2900 et seq.) of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 21, eff. August 6, 1997; amended, Virginia Register Volume 18, Issue 21, eff. July 31, 2002; Volume 41, Issue 21, eff. July 17, 2025; Volume 42, Issue 14, eff. April 9, 2026.

18VAC85-50-57 Discontinuation of employment

If for any reason the physician assistant discontinues working with a patient care team physician or podiatrist, a new practice agreement shall be entered into in order for the physician assistant either to be reemployed by the same practitioner or to accept new employment with another patient care team physician or podiatrist.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 21, eff. August 6, 1997; amended, Virginia Register Volume 14, Issue 21, eff. August 5, 1998; Volume 29, Issue 25, eff. September 26, 2013; Volume 33, Issue 1, eff. October 5, 2016; Volume 37, Issue 13, eff. March 16, 2021.

18VAC85-50-58 Inactive licensure

A. A physician assistant who holds a current, unrestricted license in Virginia shall, upon a request on the renewal application and submission of the required fee, be issued an inactive license.

The holder of an inactive license shall not be required to maintain certification by the NCCPA.
An inactive licensee shall not be entitled to practice as a physician assistant in Virginia.

B. An inactive licensee may reactivate his license upon submission of:

The required application;
Payment of the difference between the current renewal fee for inactive licensure and the renewal fee for active licensure for the biennium in which the license is being reactivated; and
Documentation of having maintained certification or having been recertified by the NCCPA.

C. The board reserves the right to deny a request for reactivation to any licensee who has been determined to have committed an act in violation of § 54.1-2915 of the Code of Virginia or any provisions of this chapter.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2912.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 17, Issue 13, eff. April 11, 2001; amended, Virginia Register Volume 24, Issue 1, eff. October 17, 2007.

18VAC85-50-59 Registration for voluntary practice by out-of-state licensees

Any physician assistant who does not hold a license to practice in Virginia and who seeks registration to practice under subdivision 27 of § 54.1-2901 of the Code of Virginia on a voluntary basis under the auspices of a publicly supported, all volunteer, nonprofit organization that sponsors the provision of health care to populations of underserved people shall:

File a complete application for registration on a form provided by the board at least five business days prior to engaging in such practice. No incomplete application will be considered;
Provide a complete record of professional licensure in each state in which the physician assistant has held a license and a copy of any current license;
Provide the name of the nonprofit organization and the dates and location of the voluntary provision of services; and
Provide a notarized statement from a representative of the nonprofit organization attesting to the organization's compliance with provisions of subdivision 27 of § 54.1-2901 of the Code of Virginia.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. June 18, 2003; amended, Virginia Register Volume 24, Issue 24, eff. September 3, 2008; Volume 41, Issue 21, eff. July 17, 2025.

18VAC85-50-60 (Repealed.)

Historical Notes

Derived from VR465-05-1 § 2.3, eff. February 1, 1989; amended Virginia Register Volume 6, Issue 20, eff. August 1, 1990; Volume 8, Issue 12, eff. April 8, 1992; Volume 8, Issue 25, eff. October 8, 1992; Volume 10, Issue 9, eff. February 23, 1994; repealed, Virginia Register Volume 13, Issue 21, eff. August 6, 1997.

18VAC85-50-61 Restricted volunteer license

A. A physician assistant who held an unrestricted license issued by the Virginia Board of Medicine or by a board in another state as a licensee in good standing at the time the license expired or became inactive may be issued a restricted volunteer license to practice without compensation in a clinic that is organized in whole or in part for the delivery of health care services without charge in accordance with § 54.1-106 of the Code of Virginia.

B. To be issued a restricted volunteer license, a physician assistant shall submit an application to the board that documents compliance with requirements of § 54.1-2928.1 of the Code of Virginia and the application fee prescribed in 18VAC85-50-35.

C. The licensee who intends to continue practicing with a restricted volunteer license shall renew biennially during the licensee's birth month and pay to the board the renewal fee prescribed in 18VAC85-50-35.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 11, eff. March 5, 2008; amended, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

18VAC85-50-62 Reinstatement

A. A physician assistant whose license is lapsed for a period of two years or less may reinstate the license by payment of the renewal and late fees as set forth in 18VAC85-50-35.

B. A physician assistant whose license is lapsed for a period of more than two years may apply for reinstatement and shall submit:

A completed application package;
The fee specified in 18VAC85-50-35; and
Evidence of current certification by NCCPA.

History

Statutory Authority: § 54.1-2400 and Chapter 29 (§ 54.1-2900 et seq.) of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 14, eff. April 9, 2026.

Part III Examination [Repealed]

18VAC85-50-70 (Repealed.)

Historical Notes

Derived from VR465-05-1 §§ 3.1 to 3.4 eff. February 1, 1989; amended, Virginia Register Volume 6, Issue 20, eff. August 1, 1990; Volume 8, Issue 12, eff. April 8, 1992; Volume 8, Issue 25, eff. October 8, 1992; Volume 10, Issue 9, eff. February 23, 1994; repealed, Virginia Register Volume 13, Issue 21, eff. August 6, 1997.

Part IV Practice Requirements

18VAC85-50-101 Requirements for a practice agreement

A. Prior to initiation of practice, a physician assistant and one or more patient care team physicians or podiatrists shall enter into a written or electronic practice agreement that spells out the roles and functions of the physician assistant and is consistent with provisions of § 54.1-2952 of the Code of Virginia.

Any such practice agreement shall take into account such factors as the physician assistant's level of competence, the number of patients, the types of illness treated by the physicians or podiatrists, the nature of the treatment, special procedures, and the nature of the physician's or podiatrist's availability in ensuring direct physician or podiatrist involvement at an early stage and regularly thereafter.
The practice agreement shall also provide an evaluation process for the physician assistant's performance, including a requirement specifying the time period, proportionate to the acuity of care and practice setting, within which the physicians or podiatrists shall review the record of services rendered by the physician assistant.
The practice agreement may include requirements for periodic site visits by licensees who supervise and direct the patient care team physicians or podiatrists to collaborate and consult with physician assistants who provide services at a location other than where the physicians or podiatrists regularly practice.

B. The board may require information regarding the degree of collaboration and consultation by the patient care team physicians or podiatrists. The board may also require a patient care team physician or podiatrist to document the physician assistant's competence in performing such tasks.

C. If the role of the physician assistant includes prescribing drugs and devices, the written practice agreement shall include those schedules and categories of drugs and devices that are within the scope of practice and proficiency of the patient care team physicians or podiatrists.

D. If the initial practice agreement did not include prescriptive authority, there shall be an addendum to the practice agreement for prescriptive authority.

E. If there are any changes in consultation and collaboration, authorization, or scope of practice, a revised practice agreement shall be entered into at the time of the change.

F. Physician assistants appointed as medical examiners pursuant to § 32.1-282 of the Code of Virginia may practice without a written or electronic practice agreement.

G. Physician assistants employed by (i) a hospital as defined by § 32.1-123 of the Code of Virginia, (ii) a state facility as defined by § 37.2-100 of the Code of Virginia, or (iii) a federally qualified health center designated by the Centers for Medicare and Medicaid Services may practice without a written or electronic practice agreement consistent with the requirements contained in § 54.1-2951.1 E of the Code of Virginia.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 14, Issue 21, eff. August 5, 1998; amended, Virginia Register Volume 17, Issue 21, eff. August 1, 2001; Volume 19, Issue 18, eff. June 18, 2003; Volume 29, Issue 20, eff. July 3, 2013; Volume 33, Issue 1, eff. October 5, 2016; Volume 34, Issue 25, eff. September 20, 2018; Volume 37, Issue 13, eff. March 16, 2021; Volume 37, Issue 26, eff. September 15, 2021; Volume 41, Issue 4, eff. November 6, 2024; Volume 41, Issue 21, eff. July 17, 2025.

18VAC85-50-110 Responsibilities of the patient care team physician or podiatrist

A patient care team physician or podiatrist shall:

Review the clinical course and treatment plan for any patient who presents for the same acute complaint twice in a single episode of care and has failed to improve as expected. A physician or podiatrist shall be involved with any patient with a continuing illness as noted in the written or electronic practice agreement for the evaluation process.
Be available at all times to collaborate and consult with the physician assistant.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR465-05-1 § 4.1, eff. February 1, 1989; amended, Virginia Register Volume 6, Issue 20, eff. August 1, 1990; Volume 8, Issue 12, eff. April 8, 1992; Volume 8, Issue 25, eff. October 8, 1992; Volume 10, Issue 9, eff. February 23, 1994; Volume 13, Issue 21, eff. August 6, 1997; Volume 19, Issue 18, eff. June 18, 2003; Volume 29, Issue 20, eff. July 3, 2013; Volume 33, Issue 1, eff. October 5, 2016; Volume 33, Issue 19, eff. June 29, 2017; Volume 34, Issue 25, eff. September 20, 2018; Volume 37, Issue 13, eff. March 16, 2021; Volume 37, Issue 26, eff. September 15, 2021.

18VAC85-50-115 Responsibilities of the physician assistant

A. The physician assistant shall not render independent health care and shall:

Perform only those medical care services that are within the scope of the practice and proficiency of the patient care team physicians or podiatrists as prescribed in the physician assistant's practice agreement. When a physician assistant is working outside the scope of specialty of the patient care team physicians or podiatrists, the physician assistant's functions shall be limited to those areas not requiring specialized clinical judgment, unless a separate practice agreement has been executed for an alternate patient care team physician or podiatrist.
Prescribe only those drugs and devices as allowed in Part V (18VAC85-50-130 et seq.) of this chapter.
Wear during the course of performing physician assistant duties identification showing clearly status as a physician assistant.

B. If, due to illness, vacation, or unexpected absence, a patient care team physician or podiatrist or alternate physician or podiatrist is unable to collaborate or consult with the physician assistant, such patient care team physician or podiatrist may temporarily delegate the responsibility to another doctor of medicine, osteopathic medicine, or podiatry.

Temporary coverage may not exceed four weeks unless special permission is granted by the board.

C. With respect to physician assistants employed by institutions, the following additional provisions shall apply:

No physician assistant may render care to a patient unless the physician or podiatrist responsible for that patient is available for collaboration and consultation with that physician assistant.
Any such practice agreement as described in subdivision A 1 of this section shall delineate the duties that the patient care team physician or podiatrist authorizes the physician assistant to perform.

D. Practice by a physician assistant in a hospital, including an emergency department, shall be in accordance with § 54.1-2952 of the Code of Virginia.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 21, eff. August 6, 1997; amended, Virginia Register Volume 14, Issue 21, eff. August 5, 1998; Volume 16, Issue 21, eff. August 2, 2000; Volume 18, Issue 21, eff. July 31, 2002; Volume 19, Issue 18, eff. June 18, 2003; Volume 29, Issue 20, eff. July 3, 2013; Volume 29, Issue 25, eff. September 26, 2013; Volume 33, Issue 1, eff. October 5, 2016; Volume 34, Issue 25, eff. September 20, 2018; Volume 35, Issue 23, eff. August 22, 2019; Volume 37, Issue 13, eff. March 16, 2021; Volume 37, Issue 26, eff. September 15, 2021; Volume 41, Issue 21, eff. July 17, 2025.

18VAC85-50-116 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 14, Issue 21, eff. August 5, 1998; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

18VAC85-50-117 Authorization to use fluoroscopy

A physician assistant working under a practice agreement with a licensed doctor of medicine or osteopathy specializing in the field of radiology or orthopedics is authorized to use fluoroscopy for guidance of diagnostic and therapeutic procedures provided such activity is specified in his protocol and he has met the following qualifications:

Completion of at least 40 hours of structured didactic educational instruction and at least 40 hours of supervised clinical experience as set forth in the Fluoroscopy Educational Framework for the Physician Assistant created by the American Academy of Physician Assistants (AAPA) and the American Society of Radiologic Technologists (ASRT); and
Successful passage of the American Registry of Radiologic Technologists (ARRT) Fluoroscopy Examination.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 9, eff. February 13, 2015; amended, Virginia Register Volume 37, Issue 13, eff. March 16, 2021; Volume 39, Issue 4, eff. November 9, 2022.

18VAC85-50-120 (Repealed.)

Historical Notes

Derived from VR465-05-1 § 5.1, eff. February 1, 1989; amended, Virginia Register Volume 6, Issue 20, eff. August 1, 1990; Volume 8, Issue 12, eff. April 8, 1992; Volume 8, Issue 25, eff. October 8, 1992; Volume 10, Issue 9, eff. February 23, 1994; repealed, Virginia Register Volume 13, Issue 21, eff. August 6, 1997.

Part V Prescriptive Authority

18VAC85-50-130 Qualifications for approval of prescriptive authority

An applicant for prescriptive authority shall meet the following requirements:

Hold a current, unrestricted license as a physician assistant in the Commonwealth;
Maintain a practice agreement acceptable to the board as prescribed in 18VAC85-50-101 and § 54.1-2952.1 of the Code of Virginia; and
Submit evidence of successful completion of a minimum of 35 hours of acceptable training to the board in pharmacology.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR465-05-1 § 5.2, eff. February 1, 1989; amended, Virginia Register Volume 6, Issue 20, eff. August 1, 1990; Volume 8, Issue 12, eff. April 8, 1992; Volume 8, Issue 25, eff. October 8, 1992; Volume 10, Issue 9, eff. February 23, 1994; Volume 13, Issue 21, eff. August 6, 1997; Volume 17, Issue 21, eff. August 1, 2001; Volume 29, Issue 20, eff. July 3, 2013; Volume 35, Issue 23, eff. August 22, 2019.

18VAC85-50-140 Approved drugs and devices

A. The approved drugs and devices which the physician assistant with prescriptive authority may prescribe, administer, or dispense manufacturer's professional samples shall be in accordance with provisions of § 54.1-2952.1 of the Code of Virginia:

B. The physician assistant may prescribe only those categories of drugs and devices included in the practice agreement. The patient care team physician or podiatrist retains the authority to restrict certain drugs within these approved categories.

C. The physician assistant, pursuant to § 54.1-2952.1 of the Code of Virginia, shall only dispense manufacturer's professional samples or administer controlled substances in good faith for medical or therapeutic purposes within the course of his professional practice.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR465-05-1 § 6.1, eff. February 1, 1989; amended, Virginia Register Volume 6, Issue 20, eff. August 1, 1990; Volume 8, Issue 12, eff. April 8, 1992; Volume 8, Issue 25, eff. October 8, 1992; Volume 10, Issue 9, eff. February 23, 1994; Volume 13, Issue 21, eff. August 6, 1997; Volume 17, Issue 21, eff. August 1, 2001; Volume 35, Issue 23, eff. August 22, 2019; Volume 37, Issue 13, eff. March 16, 2021.

18VAC85-50-150 (Repealed.)

History

Historical Notes: Derived from VR465-05-1 § 6.2, eff. February 1, 1989; amended, Virginia Register Volume 6, Issue 20, eff. August 1, 1990; Volume 8, Issue 12, eff. April 8, 1992; Volume 8, Issue 25, eff. October 8, 1992; Volume 10, Issue 9, eff. February 23, 1994; Volume 13, Issue 21, eff. August 6, 1997; Volume 17, Issue 21, eff. August 1, 2001; repealed, Virginia Register Volume 29, Issue 20, eff. July 3, 2013.

18VAC85-50-160 Disclosure

A. Each prescription for a Schedule II through V drug shall bear the name of the patient care team physician or podiatrist and of the physician assistant.

B. The physician assistant shall disclose to the patient that he is a licensed physician assistant, and also the name, address and telephone number of the patient care team physician or podiatrist. Such disclosure shall either be included on the prescription or be given in writing to the patient.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR465-05-1 § 6.3, eff. February 1, 1989; amended, Virginia Register Volume 6, Issue 20, eff. August 1, 1990; Volume 8, Issue 12, eff. April 8, 1992; Volume 8, Issue 25, eff. October 8, 1992; Volume 10, Issue 9, eff. February 23, 1994; Volume 13, Issue 21, eff. August 6, 1997; Volume 32, Issue 7, eff. January 15, 2016; Volume 37, Issue 13, eff. March 16, 2021.

18VAC85-50-170 (Repealed.)

Historical Notes

Derived from VR465-05-1 § 7.1, eff. February 1, 1989; amended, Virginia Register Volume 6, Issue 20, eff. August 1, 1990; Volume 8, Issue 12, eff. April 8, 1992; Volume 8, Issue 25, eff. October 8, 1992; Volume 10, Issue 9, eff. February 23, 1994; Volume 13, Issue 21, eff. August 6, 1997; Volume 14, Issue 21, eff. August 5, 1998; Volume 16, Issue 13, eff. April 12, 2000; repealed, Virginia Register Volume 18, Issue 21, eff. July 31, 2002.

Part VI Standards of Professional Conduct

18VAC85-50-175 Confidentiality

B. Unauthorized use or disclosure of confidential information received from the Prescription Monitoring Program shall be grounds for disciplinary action.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005; amended, Virginia Register Volume 26, Issue 22, eff. August 4, 2010.

18VAC85-50-176 Treating and prescribing for self or family

A. Treating or prescribing shall be based on a bona fide practitioner-patient relationship, and prescribing shall meet the criteria set forth in § 54.1-3303 of the Code of Virginia.

C. When treating or prescribing for self or family, the practitioner shall maintain a patient record documenting compliance with statutory criteria for a bona fide practitioner-patient relationship.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005.

18VAC85-50-177 Patient records

A. Practitioners shall comply with the provisions of § 32.1-127.1:03 of the Code of Virginia related to the confidentiality and disclosure of patient records.

B. Practitioners shall properly manage patient records and shall maintain timely, accurate, legible and complete records.

C. Practitioners shall provide patient records to another practitioner or to the patient or his personal representative in a timely manner and in accordance with provisions of § 32.1-127.1:03 of the Code of Virginia.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005.

18VAC85-50-178 Practitioner-patient communication

A. Except as provided in § 32.1-127.1:03 F of the Code of Virginia, a practitioner shall accurately inform a patient or the patient's legally authorized representative of the patient's medical diagnoses, prognosis, and prescribed treatments or plans of care in understandable terms. No practitioner shall deliberately make a false or misleading statement regarding the practitioner's skill or the efficacy or value of a medication, treatment, or procedure prescribed or directed by the practitioner in the treatment of any disease or condition.

B. Before surgery or any invasive procedure is performed, informed consent shall be obtained from the patient in accordance with the policies of the health care entity. Practitioners shall inform patients of the risks, benefits, and alternatives of the recommended surgery or invasive procedure that a reasonably prudent practitioner in similar practice in Virginia would tell a patient.

In the instance of a minor or a patient who is incapable of making an informed decision on the minor's or patient's own behalf or is incapable of communicating such a decision due to a physical or mental disorder, the legally authorized person available to give consent shall be informed and the consent documented.
An exception to the requirement for consent prior to performance of surgery or an invasive procedure may be made in an emergency situation when a delay in obtaining consent would likely result in imminent harm to the patient.
For the purposes of this provision, "invasive procedure" means any diagnostic or therapeutic procedure performed on a patient that is not part of routine, general care and for which the usual practice within the health care entity is to document specific informed consent from the patient or surrogate decision maker prior to proceeding.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005; amended, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

18VAC85-50-179 Practitioner responsibility

A. A practitioner shall not:

Perform procedures or techniques that are outside the scope of his practice or for which he is not trained and individually competent;
Knowingly allow subordinates to jeopardize patient safety or provide patient care outside of the subordinate's scope of practice or area of responsibility. Practitioners shall delegate patient care only to subordinates who are properly trained and supervised;
Engage in an egregious pattern of disruptive behavior or interaction in a health care setting that interferes with patient care or could reasonably be expected to adversely impact the quality of care rendered to a patient; or
Exploit the practitioner/patient relationship for personal gain.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005.

18VAC85-50-180 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

18VAC85-50-181 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005; amended, Virginia Register Volume 34, Issue 25, eff. September 20, 2018; Volume 37, Issue 13, eff. March 16, 2021; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

18VAC85-50-182 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

18VAC85-50-183 Sexual contact

A. For purposes of § 54.1-2915 A 12 and A 19 of the Code of Virginia and this section, sexual contact includes, but is not limited to, sexual behavior or verbal or physical behavior that:

May reasonably be interpreted as intended for the sexual arousal or gratification of the practitioner, the patient, or both; or
May reasonably be interpreted as romantic involvement with a patient regardless of whether such involvement occurs in the professional setting or outside of it.

B. Sexual contact with a patient.

The determination of when a person is a patient for purposes of § 54.1-2915 A 19 of the Code of Virginia is made on a case-by-case basis with consideration given to the nature, extent, and context of the professional relationship between the practitioner and the person. The fact that a person is not actively receiving treatment or professional services from a practitioner is not determinative of this issue. A person is presumed to remain a patient until the patient-practitioner relationship is terminated.
The consent to, initiation of, or participation in sexual behavior or involvement with a practitioner by a patient does not change the nature of the conduct nor negate the statutory prohibition.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005.

18VAC85-50-184 Refusal to provide information

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005.

18VAC85-50-191 Practice and supervision of laser hair removal

A. A physician assistant, as authorized pursuant to § 54.1-2952 of the Code of Virginia, may perform or supervise the performance of laser hair removal upon completion of training in the following:

Skin physiology and histology;
Skin type and appropriate patient selection;
Laser safety;
Operation of laser device to be used;
Recognition of potential complications and response to any actual complication resulting from a laser hair removal treatment; and
A minimum number of 10 proctored patient cases with demonstrated competency in treating various skin types.

B. Physician assistants who have been performing laser hair removal prior to August 7, 2019, are not required to complete training specified in subsection A of this section.

C. A physician assistant who delegates the practice of laser hair removal and provides supervision for such practice shall ensure the supervised person has completed the training required in subsection A of this section.

D. A physician assistant who performs laser hair removal or who supervises others in the practice shall receive ongoing training as necessary to maintain competency in new techniques and laser devices. The physician assistant shall ensure that persons the physician assistant supervises also receive ongoing training to maintain competency.

E. A physician assistant may delegate laser hair removal to a properly trained person under the physician assistant's direction and supervision. Direction and supervision shall mean that the physician assistant is readily available at the time laser hair removal is being performed. The supervising physician assistant is not required to be physically present but is required to see and evaluate a patient for whom the treatment has resulted in complications prior to the continuance of laser hair removal treatment.

F. Prescribing of medication shall be in accordance with § 54.1-3303 of the Code of Virginia.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 35, Issue 23, eff. August 7, 2019.

Chapter 80 Regulations Governing the Practice of Occupational Therapy

Part I General Provisions

18VAC85-80-10 Definitions

A. The following words and terms when used in this chapter shall have the meanings ascribed to them in § 54.1-2900 of the Code of Virginia:

"Board"

"Occupational therapy assistant"

"Practice of occupational therapy"

B. The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"ACOTE" means the Accreditation Council for Occupational Therapy Education.

"Active practice" means a minimum of 160 hours of professional practice as an occupational therapist or an occupational therapy assistant within the 24-month period immediately preceding application for licensure if previously licensed or certified in another jurisdiction. The active practice of occupational therapy may include supervisory, administrative, educational, or consultative activities or responsibilities for the delivery of such services.

"Compact" means the Occupational Therapy Interjurisdictional Licensure Compact.

"Compact privilege" means the same as the definition of the term in § 54.1-2956.7:1 of the Code of Virginia.

"Contact hour" means 60 minutes of time spent in continued learning activity.

"NBCOT" means the National Board for Certification in Occupational Therapy, under which the national examination for certification is developed and implemented.

"National examination" means the examination prescribed by NBCOT for certification as an occupational therapist or an occupational therapy assistant and approved for licensure in Virginia.

"Occupational therapy personnel" means appropriately trained individuals who provide occupational therapy services under the supervision of a licensed occupational therapist.

"Practitioner" means an occupational therapist or occupational therapy assistant licensed in Virginia or an occupational therapist or occupational therapy assistant practicing in Virginia with a compact privilege.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR465-08-1 § 1.1, eff. January 31, 1991; amended, Virginia Register Volume 10, Issue 9, eff. February 23, 1994; Volume 13, Issue 17, eff. June 11, 1997; Volume 14, Issue 21, eff. August 5, 1998; Volume 16, Issue 7, eff. January 19, 2000; Volume 17, Issue 17, eff. June 6, 2001; Volume 19, Issue 1, eff. October 23, 2002; Volume 26, Issue 11, eff. March 3, 2010; Volume 40, Issue 18, eff. May 22, 2024; Volume 41, Issue 16, eff. May 8, 2025; Volume 41, Issue 18, eff. June 6, 2025.

18VAC85-80-20 (Repealed.)

History

Historical Notes: Derived from VR465-08-1 § 1.2, eff. January 31, 1991; amended, Virginia Register Volume 10, Issue 9, eff. February 23, 1994; Volume 16, Issue 7, eff. January 19, 2000; repealed, Virginia Register Volume 41, Issue 16, eff. May 8, 2025.

18VAC85-80-25 Current name and address

Each licensee shall furnish the board his current name and address of record. All notices required by law or by this chapter to be given by the board to any such licensee shall be validly given when sent to the latest address of record provided or served to the licensee. Any change of name or address of record or the public address, if different from the address of record, shall be furnished to the board within 30 days of such change.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 7, eff. January 19, 2000; amended, Virginia Register Volume 25, Issue 23, eff. August 19, 2009; Volume 35, Issue 12, eff. March 22, 2019.

18VAC85-80-26 Fees

A. The following fees have been established by the board:

The initial fee for the occupational therapist license shall be $130; for the occupational therapy assistant, it shall be $70.
The fee for reinstatement of the occupational therapist license that has been lapsed for two years or more shall be $180; for the occupational therapy assistant, it shall be $90.
The fee for active license renewal for an occupational therapist shall be $135; for an occupational therapy assistant, it shall be $70. The fees for inactive license renewal shall be $70 for an occupational therapist and $35 for an occupational therapy assistant. Renewals shall be due in the birth month of the licensee in each even-numbered year.
The additional fee for processing a late renewal application within one renewal cycle shall be $50 for an occupational therapist and $30 for an occupational therapy assistant.
The fee for a letter of good standing or verification to another jurisdiction for a license shall be $10.
The fee for reinstatement of licensure pursuant to § 54.1-2408.2 of the Code of Virginia shall be $2,000.
The handling fee for a returned check or a dishonored credit card or debit card shall be $50.
The fee for a duplicate license shall be $5.00, and the fee for a duplicate wall certificate shall be $15.
The fee for an application or for the biennial renewal of a restricted volunteer license shall be $35, due in the licensee's birth month. An additional fee for late renewal of licensure shall be $15 for each renewal cycle.
The fee for issuance of a compact privilege or the biennial renewal of such privilege shall be $75 for an occupational therapist and $40 for an occupational therapy assistant.

B. Unless otherwise provided, fees established by the board shall not be refundable.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 1, eff. October 23, 2002; amended, Virginia Register Volume 22, Issue 9, eff. February 8, 2006; Volume 23, Issue 9, eff. February 7, 2007; Volume 24, Issue 11, eff. March 5, 2008; Volume 26, Issue 11, eff. March 3, 2010; Volume 29, Issue 26, eff. September 25, 2013; Volume 32, Issue 9, eff. January 27, 2016; Volume 34, Issue 7, eff. December 27, 2017; Volume 36, Issue 1, eff. October 2, 2019; Volume 36, Issue 11, eff. March 5, 2020; Volume 40, Issue 18, eff. May 22, 2024; Volume 41, Issue 16, eff. May 8, 2025.

18VAC85-80-30 (Repealed.)

Historical Notes

Derived from VR465-08-1 § 2.1, eff. January 31, 1991; amended, Virginia Register Volume 10, Issue 9, eff. February 23, 1994; repealed, Virginia Register Volume 13, Issue 17, eff. June 11, 1997.

Part II Requirements of Licensure as an Occupational Therapist

18VAC85-80-35 Initial licensure requirements

An applicant for initial licensure shall submit the following on forms provided by the board:

A completed application and a fee as prescribed in 18VAC85-80-26.
Verification of professional education in occupational therapy as required in 18VAC85-80-40.
Documentation of passage of the national examination as required in 18VAC85-80-50.
If licensed or certified in any other jurisdiction, verification that there has been no disciplinary action taken or pending in that jurisdiction.

History

Statutory Authority: §§ 54.1-2400, 54.1-2956.1, and 54.1-2956.2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 7, eff. January 19, 2000; amended, Virginia Register Volume 19, Issue 1, eff. October 23, 2002; Volume 41, Issue 16, eff. May 8, 2025; Volume 42, Issue 6, eff. December 3, 2025.

18VAC85-80-36 Licensure by endorsement requirements

An applicant for licensure by endorsement shall submit the following:

Evidence of a current, active license in a United States jurisdiction or Canada that is in good standing;
A completed application and fee;
Verification of a professional credential in occupational therapy as required in 18VAC85-80-40; and
A current report from the National Practitioner Data Bank.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia
Historical Notes: Derived from Virginia Register Volume 42, Issue 6, eff. December 3, 2025.

18VAC85-80-40 Educational requirements for initial licensure

A. An applicant who has received his professional education in the United States, its possessions or territories, shall successfully complete all academic and fieldwork requirements of an accredited educational program as verified by the ACOTE.

B. An applicant who has received his professional education outside the United States, its possessions or territories, shall successfully complete all academic and clinical fieldwork requirements of a program approved by a member association of the World Federation of Occupational Therapists as verified by the candidate's occupational therapy program director and as required by the NBCOT and submit proof of proficiency in the English language by passing the Test of English as a Foreign Language (TOEFL) with a score acceptable to the board. TOEFL may be waived upon evidence of English proficiency.

C. An applicant who does not meet the educational requirements as prescribed in subsection A or B of this section but who has received certification by the NBCOT as an occupational therapist or an occupational therapy assistant shall be eligible for licensure in Virginia and shall provide the board verification of his education, training and work experience acceptable to the board.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR465-08-1 § 2.2, eff. January 31, 1991; amended, Virginia Register Volume 10, Issue 9, eff. February 23, 1994; Volume 13, Issue 17, eff. June 11, 1997; Volume 14, Issue 21, eff. August 5, 1998; Volume 16, Issue 7, eff. January 19, 2000; Volume 19, Issue 1, eff. October 23, 2002; Volume 26, Issue 11, eff. March 3, 2010.

18VAC85-80-45 Practice by a graduate awaiting examination results

A. A graduate of an accredited occupational therapy educational program may practice with the designated title of "Occupational Therapist, License Applicant" or "O.T.L.-Applicant" until he has received a failing score on the licensure examination from NBCOT or for six months from the date of graduation, whichever occurs sooner. The graduate shall use one of the designated titles on any identification or signature in the course of his practice.

B. A graduate of an accredited occupational therapy assistant educational program may practice with the designated title of "Occupational Therapy Assistant-License Applicant" or "O.T.A.-Applicant" until he has received a failing score on the licensure examination from NBCOT or for six months from the date of graduation, whichever occurs sooner. The graduate shall use one of the designated titles on any identification or signature in the course of his practice.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 1, eff. October 23, 2002; amended, Virginia Register Volume 26, Issue 11, eff. March 3, 2010; Volume 30, Issue 24, eff. August 27, 2014.

18VAC85-80-50 Examination requirements

A. An applicant for licensure to practice as an occupational therapist shall submit evidence to the board that he has passed the certification examination for an occupational therapist and any other examination required for initial certification from the NBCOT.

B. An applicant for licensure to practice as an occupational therapy assistant shall submit evidence to the board that he has passed the certification examination for an occupational therapy assistant and any other examination required for initial certification from the NBCOT.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR465-08-1 § 2.3, eff. January 31, 1991; amended, Virginia Register Volume 10, Issue 9, eff. February 23, 1994; Volume 13, Issue 17, eff. June 11, 1997; Volume 14, Issue 21, eff. August 5, 1998; Volume 16, Issue 7, eff. January 19, 2000; Volume 26, Issue 11, eff. March 3, 2010.

18VAC85-80-60 (Repealed.)

History

Historical Notes: Derived from VR465-08-1 § 2.4, eff. January 31, 1991; amended, Virginia Register Volume 10, Issue 9, eff. February 23, 1994; Volume 13, Issue 17, eff. June 11, 1997; Volume 14, Issue 21, eff. August 5, 1998; Volume 16, Issue 7, eff. January 19, 2000; Volume 19, Issue 1, eff. October 23, 2002; repealed, Virginia Register Volume 42, Issue 6, eff. December 3, 2025.

18VAC85-80-61 (Repealed.)

History

Statutory Authority: of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 21, Issue 23, eff. August 24, 2005; repealed, Virginia Register Volume 26, Issue 11, eff. March 3, 2010.

18VAC85-80-65 Registration for voluntary practice by out-of-state licensees

Any occupational therapist or occupational therapy assistant who does not hold a license to practice in Virginia and who seeks registration to practice under subdivision 27 of § 54.1-2901 of the Code of Virginia on a voluntary basis under the auspices of a publicly supported, all volunteer, nonprofit organization that sponsors the provision of health care to populations of underserved people shall:

File a complete application for registration on a form provided by the board at least five business days prior to engaging in such practice. An incomplete application will not be considered;
Provide a complete record of professional licensure in each state in which the applicant has held a license and a copy of any current license;
Provide the name of the nonprofit organization and the dates and location of the voluntary provision of services; and
Provide a notarized statement from a representative of the nonprofit organization attesting to the nonprofit organization's compliance with provisions of subdivision 27 of § 54.1-2901 of the Code of Virginia.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. June 18, 2003; amended, Virginia Register Volume 26, Issue 11, eff. March 3, 2010; Volume 41, Issue 16, eff. May 8, 2025.

Part III Renewal of Licensure; Reinstatement

18VAC85-80-70 Biennial renewal of licensure

A. An occupational therapist or an occupational therapy assistant shall renew his license biennially during his birth month in each even-numbered year by:

Paying to the board the renewal fee prescribed in 18VAC85-80-26; and
Attesting to completion of continued competency requirements as prescribed in 18VAC85-80-71.

B. An occupational therapist or an occupational therapy assistant whose license has not been renewed by the first day of the month following the month in which renewal is required shall pay an additional fee as prescribed in 18VAC85-80-26.

C. In order to renew a compact privilege to practice in Virginia, the holder shall comply with the rules adopted by the Occupational Therapy Compact Commission in effect at the time of the renewal.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR465-08-1 § 3.1, eff. January 31, 1991; amended, Virginia Register Volume 10, Issue 9, eff. February 23, 1994; Volume 14, Issue 21, eff. August 5, 1998; Volume 16, Issue 7, eff. January 19, 2000; Volume 17, Issue 17, eff. June 6, 2001; Volume 19, Issue 1, eff. October 23, 2002; Volume 26, Issue 11, eff. March 3, 2010; Volume 40, Issue 18, eff. May 22, 2024; Volume 41, Issue 18, eff. June 6, 2025.

18VAC85-80-71 Continued competency requirements for renewal of an active license

A. In order to renew an active license biennially, a licensee shall complete at least 10 contact hours of continuing learning activities, which shall consist of an organized program of study, classroom experience, or similar educational experience that is related to a licensee's current or anticipated roles and responsibilities in occupational therapy and approved or provided by one of the following organizations or any of its components:

Virginia Occupational Therapy Association;
American Occupational Therapy Association;
National Board for Certification in Occupational Therapy;
Local, state, or federal government agency;
Regionally accredited college or university;
Health care organization accredited by a national accrediting organization granted authority by the Centers for Medicare and Medicaid Services to ensure compliance with Medicare conditions of participation; or
An American Medical Association Category 1 Continuing Medical Education program.

B. Up to two of the continuing education hours may be satisfied through delivery of occupational therapy services, without compensation, to low-income individuals receiving services through a local health department or a free clinic organized in whole or primarily for the delivery of health services. One hour of continuing education may be credited for three hours of providing such volunteer services as documented by the health department or free clinic.

C. Up to two of the continuing education hours may be satisfied through supervision or experiences that promote the education of students. One hour of continuing education may be credited for eight hours of providing such supervision as documented by the educational institution for which supervision is performed.

D. A licensee shall be exempt from the continuing competency requirements for the first biennial renewal following the date of initial licensure in Virginia.

E. The licensee shall retain in the licensee's records all supporting documentation for a period of six years following the renewal of an active license.

F. Failure to comply with these requirements may subject the licensee to disciplinary action by the board.

G. The board may grant an extension of the deadline for continuing competency requirements for up to one year for good cause shown upon a written request from the licensee prior to the renewal date.

H. The board may grant an exemption for all or part of the requirements for circumstances beyond the control of the licensee, such as temporary disability, mandatory military service, or officially declared disasters.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2912.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 17, Issue 17, eff. June 6, 2001; amended, Virginia Register Volume 33, Issue 11, eff. March 9, 2017; Volume 34, Issue 1, eff. October 4, 2017; Volume 34, Issue 5, eff. December 14, 2017; Volume 40, Issue 18, eff. May 22, 2024; Volume 41, Issue 16, eff. May 8, 2025.

18VAC85-80-72 Inactive licensure

A. A licensed occupational therapist or an occupational therapy assistant who holds a current, unrestricted license in Virginia shall, upon a request on the renewal application and submission of the required fee, be issued an inactive license. The holder of an inactive license shall not be required to meet the continued competency requirements of 18VAC85-80-71 and shall not be entitled to perform any act requiring a license to practice occupational therapy in Virginia.

B. An inactive licensee may reactivate his license upon submission of the following:

An application as required by the board; and
A payment of the difference between the current renewal fee for inactive licensure and the renewal fee for active licensure.

C. Individuals whose license has been inactive for less than six years shall submit documentation of completed continued competency hours equal to the requirement for the number of years, not to exceed six years, in which the license has been inactive.

D. An occupational therapist or occupational therapy assistant who has had an inactive license for six years or more shall provide two of the following:

Evidence of a current, active, and unrestricted license in another United States jurisdiction;
Documentation of completed continued competency hours equal to the requirement for six years;
Evidence of current certification by NBCOT; or
A passing score on the national examination obtained within two years preceding application for reactivation.

E. The board reserves the right to deny a request for reactivation to any licensee who has been determined to have committed an act in violation of § 54.1-2915 of the Code of Virginia or any provisions of this chapter.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 17, Issue 17, eff. June 6, 2001; amended, Virginia Register Volume 24, Issue 1, eff. October 17, 2007; Volume 26, Issue 11, eff. March 3, 2010; Volume 41, Issue 16, eff. May 8, 2025; Volume 42, Issue 9, eff. January 29, 2026.

18VAC85-80-73 Restricted volunteer license

A. An occupational therapist or an occupational therapy assistant who held an unrestricted license issued by the Virginia Board of Medicine or by a board in another state as a licensee in good standing at the time the license expired or became inactive may be issued a restricted volunteer license to practice without compensation in a clinic that is organized in whole or in part for the delivery of health care services without charge in accordance with § 54.1-106 of the Code of Virginia.

B. To be issued a restricted volunteer license, an occupational therapist or occupational therapy assistant shall submit an application to the board that documents compliance with requirements of § 54.1-2928.1 of the Code of Virginia and the application fee prescribed in 18VAC85-80-26.

D. The holder of a restricted volunteer license shall not be required to attest to hours of continuing education for the first renewal of such a license. For each renewal thereafter, the licensee shall attest to obtaining five hours of continuing education during the biennial renewal period as specified in 18VAC85-80-71.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 11, eff. March 5, 2008; amended, Virginia Register Volume 26, Issue 11, eff. March 3, 2010; Volume 41, Issue 16, eff. May 8, 2025.

18VAC85-80-80 Reinstatement

A. An occupational therapist or an occupational therapy assistant who allows a license to lapse for a period of two years or more and chooses to resume practice shall submit a reinstatement application to the board and information on any practice and licensure or certification in other jurisdictions during the period in which the license was lapsed and shall pay the fee for reinstatement of licensure as prescribed in 18VAC85-80-26.

B. An occupational therapist or occupational therapy assistant who has allowed a license to lapse for two years but less than four years shall provide one of the following:

Evidence of a current, active, and unrestricted license in another United States jurisdiction;
Documentation of completed continued competency hours equal to the requirement for the number of years in which the license has been lapsed;
Evidence of current certification by NBCOT; or
A passing score on the national examination obtained within the two years preceding application for reinstatement.

C. An occupational therapist or occupational therapy assistant who has allowed a license to lapse for four years or more shall provide two of the following:

Evidence of a current, active, and unrestricted license in another United States jurisdiction;
Documentation of completed continued competency hours equal to the requirement for the number of years in which the license has been lapsed, not to exceed six years;
Evidence of current certification by NBCOT; or
A passing score on the national examination obtained within two years preceding application for reinstatement.

D. An occupational therapist or an occupational therapy assistant whose license has been revoked by the board and who wishes to be reinstated shall make a new application to the board and payment of the fee for reinstatement of the license as prescribed in 18VAC85-80-26 pursuant to § 54.1-2408.2 of the Code of Virginia.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR465-08-1 § 3.2, eff. January 31, 1991; amended, Virginia Register Volume 10, Issue 9, eff. February 23, 1994; Volume 13, Issue 17, eff. June 11, 1997; Volume 14, Issue 21, eff. August 5, 1998; Volume 16, Issue 7, eff. January 19, 2000; Volume 17, Issue 17, eff. June 6, 2001; Volume 19, Issue 1, eff. October 23, 2002; Volume 23, Issue 9, eff. February 7, 2007; Volume 26, Issue 11, eff. March 3, 2010; Volume 41, Issue 16, eff. May 8, 2025; Volume 42, Issue 9, eff. January 29, 2026.

Part IV Practice of Occupational Therapy

18VAC85-80-90 (Repealed.)

History

Historical Notes: Derived from VR465-08-1 § 4.1, eff. January 31, 1991; amended, Virginia Register Volume 10, Issue 9, eff. February 23, 1994; Volume 19, Issue 1, eff. October 23, 2002; Volume 26, Issue 11, eff. March 3, 2010; Volume 29, Issue 1, eff. October 10, 2012; repealed, Virginia Register Volume 41, Issue 16, eff. May 8, 2025.

18VAC85-80-100 Responsibilities

A. An occupational therapist provides assessment by determining the need for, the appropriate areas of, and the estimated extent and time of treatment. The occupational therapist's responsibilities include an initial screening of the patient to determine need for services and the collection, evaluation, and interpretation of data necessary for treatment.

B. An occupational therapist provides program planning by identifying treatment goals and the methods necessary to achieve those goals for the patient. The therapist analyzes the tasks and activities of the program, documents the progress, and coordinates the plan with other health, community, or educational services, the family, and the patient. The services may include education and training in basic and instrumental activities of daily living (ADL); the design, fabrication, and application of orthoses (splints); the design, selection, and use of adaptive equipment and assistive technologies; therapeutic activities to enhance functional performance; vocational evaluation and training; and consultation concerning the adaptation of physical, sensory, and social environments.

C. An occupational therapist provides the specific activities or therapeutic methods to improve or restore optimum functioning, to compensate for dysfunction, or to minimize disability of patients impaired by physical illness or injury, emotional, congenital, or developmental disorders, or by the aging process.

D. An occupational therapy assistant is responsible for the safe and effective delivery of those services or tasks delegated by and under the direction of the occupational therapist. Individual responsibilities of an occupational therapy assistant may include:

Participation in the evaluation or assessment of a patient by gathering data, administering tests, and reporting observations and client capacities to the occupational therapist;
Participation in intervention planning, implementation, and review;
Implementation of interventions as determined and assigned by the occupational therapist;
Documentation of patient responses to interventions and consultation with the occupational therapist about patient functionality;
Assistance in the formulation of the discharge summary and follow-up plans; and
Implementation of outcome measurements and provision of needed patient discharge resources.

E. The practice of occupational therapy may include supervisory, administrative, educational, or consultative activities or responsibilities for the delivery of such services.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR465-08-1 § 4.2, eff. January 31, 1991; amended, Virginia Register Volume 10, Issue 9, eff. February 23, 1994; Volume 13, Issue 17, eff. June 11, 1997; Volume 19, Issue 1, eff. October 23, 2002; Volume 26, Issue 11, eff. March 3, 2010; Volume 29, Issue 1, eff. October 10, 2012; Volume 41, Issue 16, eff. May 8, 2025.

18VAC85-80-110 Supervisory responsibilities of an occupational therapist

A. Delegation to an occupational therapy assistant.

An occupational therapist shall be ultimately responsible and accountable for patient care and occupational therapy outcomes under his clinical supervision.
An occupational therapist shall not delegate the discretionary aspects of the initial assessment, evaluation or development of a treatment plan for a patient nor shall he delegate any task requiring a clinical decision or the knowledge, skills, and judgment of a licensed occupational therapist.
Delegation shall only be made if, in the judgment of the occupational therapist, the task or procedures do not require the exercise of professional judgment, can be properly and safely performed by an appropriately trained occupational therapy assistant, and the delegation does not jeopardize the health or safety of the patient.
Delegated tasks or procedures shall be communicated to an occupational therapy assistant on a patient-specific basis with clear, specific instructions for performance of activities, potential complications, and expected results.

B. The frequency, methods, and content of supervision are dependent on the complexity of patient needs, number and diversity of patients, demonstrated competency and experience of the assistant, and the type and requirements of the practice setting. The occupational therapist providing clinical supervision shall meet with the occupational therapy assistant to review and evaluate treatment and progress of the individual patients at least once every tenth treatment session or 30 calendar days, whichever occurs first. For the purposes of this subsection, group treatment sessions shall be counted the same as individual treatment sessions.

C. An occupational therapist may provide clinical supervision for up to six occupational therapy personnel, to include no more than three occupational therapy assistants at any one time.

D. The occupational therapy assistant shall document in the patient record any aspects of the initial evaluation, treatment plan, discharge summary, or other notes on patient care performed by the assistant. The supervising occupational therapist shall countersign such documentation in the patient record at the time of the review and evaluation required in subsection B of this section.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR465-08-1 § 4.3, eff. January 31, 1991; amended, Virginia Register Volume 10, Issue 9, eff. February 23, 1994; Volume 13, Issue 17, eff. June 11, 1997; Volume 19, Issue 1, eff. October 23, 2002; Volume 26, Issue 11, eff. March 3, 2010.

18VAC85-80-111 Supervision of unlicensed occupational therapy personnel

A. Unlicensed occupational therapy personnel may be supervised by an occupational therapist or an occupational therapy assistant.

B. Unlicensed occupational therapy personnel may be utilized to perform:

Nonclient-related tasks including, but not limited to, clerical and maintenance activities and the preparation of the work area and equipment; and
Certain routine patient-related tasks that, in the opinion of and under the supervision of an occupational therapist, have no potential to adversely impact the patient or the patient's treatment plan.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 11, eff. March 3, 2010.

18VAC85-80-120 (Repealed.)

Historical Notes

Derived from VR465-08-1 § 5.1, eff. January 31, 1991; amended VR465-08-1 § 5.1, eff. January 31, 1991; Virginia Register Volume 10, Issue 9, eff. February 23, 1994; Volume 13, Issue 17, eff. June 11, 1997; Volume 14, Issue 21, eff. August 5, 1998; Volume 16, Issue 13, eff. April 12, 2000; repealed, Virginia Register Volume 19, Issue 1, eff. October 23, 2002.

Part V Standards of Professional Conduct

18VAC85-80-130 Confidentiality

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005; Errata, 22:4 VA.R. 659 October 31, 2005.

18VAC85-80-140 Patient records

A. Practitioners shall comply with the provisions of § 32.1-127.1:03 of the Code of Virginia related to the confidentiality and disclosure of patient records.

B. Practitioners shall provide patient records to another practitioner or to the patient or the patient's personal representative in a timely manner and in accordance with the provisions of § 32.1-127.1:03 of the Code of Virginia.

C. Practitioners shall properly manage and keep timely, accurate, legible, and complete patient records.

D. Practitioners who are employed by a health care institution, school system, or other entity in which the individual practitioner does not own or maintain the practitioner's own records shall maintain patient records in accordance with the policies and procedures of the employing entity.

E. Practitioners who are self-employed or employed by an entity in which the individual practitioner does own and is responsible for patient records shall maintain a patient record for a minimum of six years following the last patient encounter with the following exceptions:

Records of a minor child, including immunizations, shall be maintained until the child reaches 18 years of age or becomes emancipated, with a minimum time for record retention of six years from the last patient encounter regardless of the age of the child;
Records that have previously been transferred to another practitioner or health care provider or provided to the patient or the patient's personal representative; or
Records that are required by contractual obligation or federal law may need to be maintained for a longer period of time.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005; Errata, 22:4 VA.R. 659 October 31, 2005; amended, Virginia Register Volume 41, Issue 16, eff. May 8, 2025.

18VAC85-80-150 Practitioner-patient communication; termination of relationship

A. Communication with patients.

Except as provided in § 32.1-127.1:03 F of the Code of Virginia, a practitioner shall accurately present information to a patient or his legally authorized representative in understandable terms and encourage participation in decisions regarding the patient's care.
A practitioner shall not deliberately make a false or misleading statement regarding the practitioner's skill or the efficacy or value of a treatment or procedure provided or directed by the practitioner in the treatment of any disease or condition.
Practitioners shall adhere to requirements of § 32.1-162.18 of the Code of Virginia for obtaining informed consent from patients prior to involving them as subjects in human research with the exception of retrospective chart reviews.

B. Termination of the practitioner/patient relationship.

The practitioner or the patient may terminate the relationship. In either case, the practitioner shall make the patient record available, except in situations where denial of access is allowed by law.
A practitioner shall not terminate the relationship or make his services unavailable without documented notice to the patient that allows for a reasonable time to obtain the services of another practitioner.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005; Errata, 22:4 VA.R. 659 October 31, 2005.

18VAC85-80-160 Practitioner responsibility

A. A practitioner shall not:

Perform procedures or techniques that are outside the scope of his practice or for which he is not trained and individually competent;
Knowingly allow subordinates to jeopardize patient safety or provide patient care outside of the subordinate's scope of practice or their area of responsibility. Practitioners shall delegate patient care only to subordinates who are properly trained and supervised;
Engage in an egregious pattern of disruptive behavior or interaction in a health care setting that interferes with patient care or could reasonably be expected to adversely impact the quality of care rendered to a patient; or
Exploit the practitioner/patient relationship for personal gain.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005; Errata, 22:4 VA.R. 659 October 31, 2005.

18VAC85-80-170 Sexual contact

A. For purposes of § 54.1-2915 A 12 and A 19 of the Code of Virginia and this section, sexual contact includes, but is not limited to, sexual behavior or verbal or physical behavior that:

May reasonably be interpreted as intended for the sexual arousal or gratification of the practitioner, the patient, or both; or
May reasonably be interpreted as romantic involvement with a patient regardless of whether such involvement occurs in the professional setting or outside of it.

B. Sexual contact with a patient.

The determination of when a person is a patient for purposes of § 54.1-2915 A 19 of the Code of Virginia is made on a case-by-case basis with consideration given to the nature, extent, and context of the professional relationship between the practitioner and the person. The fact that a person is not actively receiving treatment or professional services from a practitioner is not determinative of this issue. A person is presumed to remain a patient until the patient-practitioner relationship is terminated.
The consent to, initiation of, or participation in sexual behavior or involvement with a practitioner by a patient does not change the nature of the conduct nor negate the statutory prohibition.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005; Errata, 22:4 VA.R. 659 October 31, 2005.

18VAC85-80-180 Refusal to provide information

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005; Errata, 22:4 VA.R. 659 October 31, 2005.

Chapter 101 Regulations Governing the Practice of Radiologic Technology

Part I General Provisions

18VAC85-101-10 Definitions

In addition to definitions in § 54.1-2900 of the Code of Virginia, the following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"ACRRT" means the American Chiropractic Registry of Radiologic Technologists.

"ARRT" means the American Registry of Radiologic Technologists.

"Bone densitometry" means a process for measuring bone mineral density by utilization of single x-ray absorptiometry (SXA), dual x-ray absorptiometry (DXA) or other technology that is substantially equivalent as determined by the board.

"Direct supervision" means that a licensed radiologic technologist, doctor of medicine, osteopathy, chiropractic or podiatry is present and is fully responsible for the activities performed by radiologic personnel, with the exception of radiologist assistants.

"Direction" means the delegation of radiologic functions to be performed upon a patient from a licensed doctor of medicine, osteopathy, chiropractic, or podiatry, to a licensed radiologic technologist or a radiologic technologist-limited for a specific purpose and confined to a specific anatomical area, that will be performed under the direction of and in continuing communication with the delegating practitioner.

"ISCD" means the International Society for Clinical Densitometry.

"NMTCB" means Nuclear Medicine Technology Certification Board.

"Radiologist" means a doctor of medicine or osteopathic medicine specialized by training and practice in radiology.

"R.T.(R)" means a person who is currently certified by the ARRT as a radiologic technologist with certification in radiography.

"Traineeship" means a period of activity during which an applicant for licensure as a radiologic technologist works under the direct supervision of a practitioner approved by the board while waiting for the results of the licensure examination or an applicant for licensure as a radiologic technologist-limited working under direct supervision and observation to fulfill the practice requirements in 18VAC85-101-60.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2956.8:1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 5, eff. December 25, 1996; amended, Virginia Register Volume 16, Issue 4, eff. December 8, 1999; Volume 19, Issue 1, eff. October 23, 2002; Volume 19, Issue 19, eff. July 2, 2003; Volume 28, Issue 5, eff. December 7, 2011; Volume 29, Issue 25, eff. September 26, 2013.

18VAC85-101-20 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 13, Issue 5, eff. December 25, 1996; repealed, Virginia Register Volume 40, Issue 13, eff. March 28, 2024.

18VAC85-101-25 Fees

A. Unless otherwise provided, fees listed in this section shall not be refundable.

B. Initial licensure fees.

The application fee for radiologic technologist or radiologist assistant licensure shall be $130.
The application fee for the radiologic technologist-limited licensure shall be $90.
All examination fees shall be determined by and made payable as designated by the board.

C. Licensure renewal and reinstatement for a radiologic technologist or a radiologist assistant.

The fee for active license renewal for a radiologic technologist shall be $135, and the fee for inactive license renewal shall be $70. If a radiologist assistant holds a current license as a radiologic technologist, the renewal fee shall be $50. If a radiologist assistant does not hold a current license as a radiologic technologist, the renewal fee shall be $150.
An additional fee of $50 to cover administrative costs for processing a late renewal application within one renewal cycle shall be imposed by the board.
The fee for reinstatement of a radiologic technologist or a radiologist assistant license that has lapsed for a period of two years or more shall be $180 and shall be submitted with an application for licensure reinstatement.
The fee for reinstatement of a license pursuant to § 54.1-2408.2 of the Code of Virginia shall be $2,000.

D. Licensure renewal and reinstatement for a radiologic technologist-limited.

The fee for active license renewal shall be $70, and the fee for inactive license renewal shall be $35.
An additional fee of $25 to cover administrative costs for processing a late renewal application within one renewal cycle shall be imposed by the board.
The fee for reinstatement of a license that has lapsed for a period of two years or more shall be $120 and shall be submitted with an application for licensure reinstatement.
The fee for reinstatement of a license pursuant to § 54.1-2408.2 of the Code of Virginia shall be $2,000.

E. Other fees.

The application fee for a traineeship as a radiologic technologist or a radiologic technologist-limited shall be $25.
The fee for a letter of good standing or verification to another state for licensure shall be $10; the fee for certification of scores to another jurisdiction shall be $25.
The handling fee for a returned check or a dishonored credit card or debit card shall be $50.
The fee for a duplicate license shall be $5.00, and the fee for a duplicate wall certificate shall be $15.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 19, eff. July 2, 2003; amended, Virginia Register Volume 22, Issue 9, eff. February 8, 2006; Volume 23, Issue 9, eff. February 7, 2007; Volume 24, Issue 20, eff. July 24, 2008; Volume 28, Issue 5, eff. December 7, 2011; Volume 29, Issue 26, eff. September 25, 2013; Volume 32, Issue 9, eff. January 27, 2016; Volume 34, Issue 7, eff. December 27, 2017; Volume 36, Issue 1, eff. October 2, 2019; Volume 36, Issue 11, eff. March 5, 2020; Volume 40, Issue 13, eff. March 28, 2024.

18VAC85-101-26 Current name and address

Each licensee shall furnish the board his current name and address of record. All notices required by law or by this chapter to be given by the board to any such licensee shall be validly given when sent to the latest address of record provided or served to the licensee. Any change of name or address of record or the public address, if different from the address of record, shall be furnished to the board within 30 days of such change.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 23, eff. August 19, 2009; amended, Virginia Register Volume 35, Issue 12, eff. March 22, 2019.

Part II Licensure Requirements - Radiologist Assistants

18VAC85-101-27 Educational requirements for radiologist assistants

An applicant for initial licensure as a radiologist assistant shall be a graduate of an educational program that is currently recognized by the ARRT for the purpose of allowing an applicant to sit for the ARRT certification examination leading to the Registered Radiologist Assistant credential.

History

Statutory Authority: §§ 54.1-2400, and 54.1-2956.8:1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 5, eff. December 7, 2011; amended, Virginia Register Volume 42, Issue 21, eff. July 1, 2026.

18VAC85-101-28 Initial licensure requirements

A. An applicant for initial licensure as a radiologist assistant shall:

Meet the educational requirements specified in 18VAC85-101-27;
Submit the required application, fee, and credentials to the board;
Hold certification by the ARRT as an R.T.(R) or be licensed in Virginia as a radiologic technologist;
Submit evidence of passage of an examination for radiologist assistants resulting in national certification as a Registered Radiologist Assistant by the ARRT; and
Hold current certification in Advanced Cardiac Life Support (ACLS).

B. If an applicant has been licensed or certified in another jurisdiction, the application shall include verification that there has been no disciplinary action taken or pending in that jurisdiction.

C. An applicant who fails the ARRT examination for radiologist assistants shall follow the policies and procedures of the ARRT for successive attempts.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 5, eff. December 7, 2011; amended, Virginia Register Volume 38, Issue 13, eff. April 1, 2022; Volume 42, Issue 21, eff. July 1, 2026.

18VAC85-101-29 Licensure by endorsement requirements for radiologist assistants

An applicant for licensure by endorsement as a radiologist assistant shall submit the following:

Evidence of a current, active license in a United States jurisdiction or Canada that is in good standing;
A completed application and fee;
Evidence of a current, valid certificate issued by the ARRT as an R.T.(R);
Evidence of a current certification in Advanced Cardiac Life Support (ACLS); and
A current report from the National Practitioner Data Bank.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 21, eff. July 1, 2026.

Part III Licensure Requirements - Radiologic Technologist

18VAC85-101-30 Educational requirements for radiologic technologists

An applicant for initial licensure as a radiologic technologist shall be a graduate of an educational program acceptable to the ARRT for the purpose of sitting for the ARRT certification examination.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2956.8:1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 5, eff. December 25, 1996; amended, Virginia Register Volume 19, Issue 19, eff. July 2, 2003; Volume 42, Issue 21, eff. July 1, 2026.

18VAC85-101-40 Initial licensure requirements

A. An applicant for initial licensure shall:

Meet the educational requirements specified in 18VAC85-101-30;
Submit the required application, fee, and credentials to the board; and
Submit evidence of passage of an examination resulting in certification by the ARRT or the NMTCB.

B. If an applicant has been licensed or certified in another jurisdiction, he shall provide information on the status of each license or certificate held.

C. An applicant who fails the ARRT or NMTCB examination shall follow the policies and procedures of the certifying body for successive attempts.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2956.8:1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 5, eff. December 25, 1996; amended, Virginia Register Volume 16, Issue 4, eff. December 8, 1999; Volume 19, Issue 19, eff. July 2, 2003; Volume 24, Issue 20, eff. July 24, 2008; Volume 29, Issue 25, eff. September 26, 2013; Volume 32, Issue 24, eff. September 8, 2016; Volume 42, Issue 21, eff. July 1, 2026.

18VAC85-101-45 Licensure by endorsement requirements for radiologic technologists

An applicant for licensure by endorsement as a radiologic technologist shall submit the following:

Evidence of a current, active license in a United States jurisdiction or Canada that is in good standing;
A completed application and fee;
Evidence of a current, valid certificate issued by the ARRT or the NMTCB; and
A current report from the National Practitioner Data Bank.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 21, eff. July 1, 2026.

18VAC85-101-50 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 13, Issue 5, eff. December 25, 1996; amended, Virginia Register Volume 16, Issue 4, eff. December 8, 1999; Volume 19, Issue 19, eff. July 2, 2003; Volume 23, Issue 15, eff. May 2, 2007; Volume 24, Issue 20, eff. July 24, 2008; repealed, Virginia Register Volume 33, Issue 11, eff. March 9, 2017.

Part IV Licensure Requirements - Radiologic Technologist-Limited

18VAC85-101-55 Educational requirements for radiologic technologists-limited

A. An applicant for licensure as a radiologic technologist-limited shall be trained by one of the following:

Successful completion of educational coursework that is directed by a radiologic technologist with a bachelor's degree and current ARRT certification, has instructors who are licensed radiologic technologists or doctors of medicine or osteopathic medicine who are board certified in radiology, and has a minimum of the following coursework:

a. Image production/equipment operation - 25 clock hours;

b. Radiation protection - 15 clock hours; and

c. Radiographic procedures in the anatomical area of the radiologic technologist-limited's practice - 10 clock hours taught by a radiologic technologist with current ARRT certification or a licensed doctor of medicine, osteopathy, podiatry or chiropractic;

An ACRRT-approved program;
The ISCD certification course for bone densitometry; or
Any other program acceptable to the board.

B. A radiologic technologist-limited who has been trained through the ACRRT-approved program or the ISCD certification course and who also wishes to be authorized to perform x-rays in other anatomical areas shall meet the requirements of subdivision A 1 of this section.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2956.8:1 of the Code of Virginia. of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 20, eff. July 24, 2008; amended, Virginia Register Volume 29, Issue 25, eff. September 26, 2013.

18VAC85-101-60 Licensure requirements

A. An applicant for licensure by examination as a radiologic technologist-limited shall submit:

The required application and fee as prescribed by the board;
Evidence of successful completion of an examination as required in this section; and
Evidence of completion of training as required in 18VAC85-101-55.

B. To qualify for limited licensure to practice under the direction of a doctor of medicine or osteopathic medicine, with the exception of practice in bone densitometry, the applicant shall:

Provide evidence that he has received a passing score as determined by the board on the core section of the ARRT examination for Limited Scope of Practice in Radiography;
Meet one of the following requirements:

a. Provide evidence that he has received a passing score, as determined by the board, on the section of the ARRT examination on specific radiographic procedures, depending on the anatomical areas in which the applicant intends to practice; or

b. Until the ARRT offers an examination for limited licensure in the radiographic procedures of the abdomen and pelvis, the applicant may qualify for a limited license by submission of a notarized statement from a licensed radiologic technologist or doctor of medicine or osteopathy attesting to the applicant's training and competency to practice in that anatomical area as follows:

(1) To perform radiographic procedures on the abdomen or pelvis, the applicant shall have successfully performed during the traineeship at least 25 radiologic examinations on patients of the abdomen or pelvis under the direct supervision and observation of a licensed radiologic technologist or a doctor of medicine or osteopathy. The notarized statement shall further attest to the applicant's competency in the areas of radiation safety, positioning, patient instruction, anatomy, pathology and technical factors.

(2) When a section is added to the limited license examination by the ARRT that includes the abdomen and pelvis, the applicant shall provide evidence that he has received a passing score on that portion of the examination as determined by the board; and

Provide evidence of having successfully performed in a traineeship at least 10 radiologic examinations on patients in the anatomical area for which he is seeking licensure under the direct supervision and observation of a licensed radiologic technologist or a doctor of medicine or osteopathy. A notarized statement from the supervising practitioner shall attest to the applicant's competency in the areas of radiation safety, positioning, patient instruction, anatomy, pathology and technical factors.

C. To qualify for limited licensure to practice in bone densitometry under the direction of a doctor of medicine, osteopathy, or chiropractic, the applicant shall either:

Provide evidence that he has received a passing score as determined by the board on the core section of the ARRT examination for Limited Scope of Practice in Radiography; and

a. The applicant shall provide a notarized statement from a licensed radiologic technologist or doctor of medicine, osteopathy, or chiropractic attesting to the applicant's training and competency to practice in that anatomical area. The applicant shall have successfully performed at least 10 examinations on patients for bone density under the direct supervision and observation of a licensed radiologic technologist or a doctor of medicine or osteopathy; or

b. When a section is added to the limited license examination by the ARRT that includes bone densitometry, the applicant shall provide evidence that he has received a passing score on that portion of the examination as determined by the board; or

Provide evidence that he has taken and passed an examination resulting in certification in bone densitometry from the ISCD or any other substantially equivalent credential acceptable to the board.

D. To qualify for a limited license in the anatomical areas of the spine or extremities or in bone densitometry to practice under the direction of a doctor of chiropractic, the applicant shall provide evidence that he has met the appropriate requirements of subsection B of this section, taken and passed the appropriate requirements of subsection C for bone densitometry only, or taken and passed an examination by the ACRRT.

E. To qualify for a limited license in the anatomical area of the foot and ankle to practice under the direction of a doctor of podiatry, the applicant shall provide evidence that he has taken and passed an examination acceptable to the board.

F. An applicant who fails the examination shall be allowed two more attempts to pass the examination after which he shall reapply and take additional educational hours which meet the criteria of 18VAC85-101-70.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2956.8:1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 5, eff. December 25, 1996; amended, Virginia Register Volume 16, Issue 4, eff. December 8, 1999; Volume 19, Issue 1, eff. October 23, 2002; Volume 19, Issue 19, eff. July 2, 2003; Volume 24, Issue 20, eff. July 24, 2008; Volume 29, Issue 25, eff. September 26, 2013.

18VAC85-101-61 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 19, Issue 19, eff. July 2, 2003; repealed, Virginia Register Volume 33, Issue 11, eff. March 9, 2017.

18VAC85-101-70 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 13, Issue 5, eff. December 25, 1996; amended, Virginia Register Volume 16, Issue 4, eff. December 8, 1999; Volume 19, Issue 1, eff. October 23, 2002; repealed, Virginia Register Volume 24, Issue 20, eff. July 24, 2008.

18VAC85-101-80 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 13, Issue 5, eff. December 25, 1996; repealed, Virginia Register Volume 19, Issue 19, eff. July 2, 2003.

Part V Practice of Radiologist Assistants

18VAC85-101-91 General requirements.

A. A licensed radiologist assistant is authorized to:

Assess and evaluate the physiological and psychological responsiveness of patients undergoing radiologic procedures;
Perform patient assessment, and assist in patient management and patient education;
Evaluate image quality, make initial observations, and communicate observations to the supervising radiologist;
Administer contrast media or other medications prescribed by the supervising radiologist; and
Perform, or assist the supervising radiologist in performing, imaging procedures consistent with the guidelines adopted by the American College of Radiology, the American Society of Radiologic Technologists, and the American Registry of Radiologic Technologists.

B. A licensed radiologist assistant is not authorized to:

Provide official interpretation of imaging studies; or
Dispense or prescribe medications.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2956.8:1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 5, eff. December 7, 2011.

18VAC85-101-92 Individual responsibilities to patients and to licensed doctor of medicine or osteopathic medicine

A radiologist assistant shall practice under the direct supervision of a radiologist. Direct supervision shall mean that the radiologist is present in the facility and immediately available to assist and direct the performance of a procedure by a radiologist assistant. The supervising radiologist may determine that direct supervision requires his physical presence for the performance of certain procedures, based on factors such as the complexity or invasiveness of the procedure and the experience and expertise of the radiologist assistant.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2956.8:1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 5, eff. December 7, 2011.

Part VI Practice of Radiologic Technologists

18VAC85-101-100 General requirements

A. All services rendered by a radiologic technologist shall be performed only upon direction of a licensed doctor of medicine, osteopathy, chiropractic, or podiatry.

B. Licensure as a radiologic technologist is not required for persons who are employed by a licensed hospital pursuant to § 54.1-2956.8:1 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2956.8:1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 5, eff. December 25, 1996; amended, Volume 19, Issue 19, eff. July 2, 2003.

18VAC85-101-110 Individual responsibilities to patients and to licensed doctor of medicine, osteopathy, chiropractic, or podiatry

A. The radiologic technologist's responsibilities are to administer and document procedures consistent with his education and certifying examination and within the limit of his professional knowledge, judgment, and skills.

B. A radiologic technologist shall maintain continuing communication with the delegating practitioner.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2956.8:1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 5, eff. December 25, 1996; amended, Virginia Register Volume 32, Issue 24, eff. September 8, 2016.

18VAC85-101-120 Supervisory responsibilities

A. A radiologic technologist shall supervise no more than four radiologic technologists-limited or three trainees at any one time.

B. A radiologic technologist shall be responsible for any action of persons performing radiologic functions under the radiologic technologist's supervision or direction.

C. A radiologic technologist may not delegate radiologic procedures to any unlicensed personnel except those activities that are available without prescription in the public domain to include but not limited to preparing the patient for radiologic procedures and post radiologic procedures. Such nonlicensed personnel shall not perform those patient care functions that require professional judgment or discretion.

History

Statutory Authority: §§ 54.1-2400, 54.1-2956.8:1 and 54.1-2956.8:2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 5, eff. December 25, 1996.

Part VII Practice of Radiologic Technologist-Limited

18VAC85-101-130 General requirements

A. A radiologic technologist-limited is permitted to perform radiologic functions within his capabilities and the anatomical limits of his training and examination. A radiologic technologist-limited is responsible for informing the board of the anatomical area or areas in which he is qualified by training and examination to practice.

B. A radiologic technologist-limited shall not administer contrast media or radiopharmaceuticals or perform mammography, fluoroscopic procedures, computerized tomography, or vascular-interventional procedures. The radiologic technologist-limited is responsible to a licensed radiologic technologist, or doctor of medicine, osteopathy, chiropractic, or podiatry.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2956.8:1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 5, eff. December 25, 1996; amended, Virginia Register Volume 16, Issue 4, eff. December 8, 1999; Volume 19, Issue 19, eff. July 2, 2003; Volume 29, Issue 25, eff. September 26, 2013.

18VAC85-101-140 Individual responsibilities to patients and licensed radiologic technologist, doctor of medicine, osteopathy, chiropractic, or podiatry

A. The radiologic technologist-limited's procedure with the patient shall only be made after verbal or written communication, or both, with the licensed radiologic technologist, doctor of medicine, osteopathy, chiropractic, or podiatry.

B. The radiologic technologist-limited's procedures shall be made under direct supervision.

C. A radiologic technologist-limited, acting within the scope of his practice, may delegate nonradiologic procedures to an unlicensed person, including but not limited to preparing the patient for radiologic procedures and post radiologic procedures. Such nonlicensed personnel shall not perform those patient care functions that require professional judgment or discretion.

History

Statutory Authority: § 54.1-2400 and Chapter 29 (§ 54.1-2900 et seq.) of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 5, eff. December 25, 1996; amended, Virginia Register Volume 19, Issue 19, eff. July 2, 2003.

18VAC85-101-145 Registration for voluntary practice by out-of-state licensees

Any radiologist assistant, radiologic technologist, or radiologic technologist-limited who does not hold a license to practice in Virginia and who seeks registration to practice under subdivision 27 of § 54.1-2901 of the Code of Virginia on a voluntary basis under the auspices of a publicly supported, all volunteer, nonprofit organization that sponsors the provision of health care to populations of underserved people shall:

File a complete application for registration on a form provided by the board at least five business days prior to engaging in such practice. An incomplete application will not be considered;
Provide a complete record of professional licensure in each state in which the radiologist assistant, radiologic technologist, or radiologic technologist-limited has held a license and a copy of any current license;
Provide the name of the nonprofit organization, the dates and location of the voluntary provision of services; and
Provide a notarized statement from a representative of the nonprofit organization attesting to its compliance with provisions of subdivision 27 of § 54.1-2901 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2956.8:1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. June 18, 2003; amended, Virginia Register Volume 24, Issue 24, eff. September 3, 2008; Volume 28, Issue 5, eff. December 7, 2011; Volume 40, Issue 13, eff. March 28, 2024.

Part VIII Renewal of Licensure

18VAC85-101-150 Biennial renewal of license

A. A radiologist assistant, radiologic technologist, or radiologic technologist-limited who intends to continue practice shall renew his license biennially during his birth month in each odd-numbered year and pay to the board the prescribed renewal fee.

B. A license that has not been renewed by the first day of the month following the month in which renewal is required shall be expired.

C. An additional fee as prescribed in 18VAC85-101-25 shall be imposed by the board.

D. In order to renew an active license as a radiologic technologist, a licensee shall attest to having completed 24 hours of continuing education as acceptable to the ARRT within the last biennium.

E. In order to renew an active license as a radiologic technologist-limited, a licensee shall attest to having completed 12 hours of continuing education within the last biennium that corresponds to the anatomical areas in which the limited licensee practices. Hours shall be acceptable to the ARRT, or by the ACRRT for limited licensees whose scope of practice is chiropractic, or by any other entity approved by the board for limited licensees whose scope of practice is podiatry or bone densitometry.

F. In order to renew an active license as a radiologist assistant, a licensee shall attest to having completed 50 hours of continuing education as acceptable to the ARRT within the last biennium. A minimum of 25 hours of continuing education shall be recognized by the ARRT as intended for radiologist assistants or radiologists and shall be specific to the radiologist assistant's area of practice. Continuing education hours earned for renewal of a radiologist assistant license shall satisfy the requirements for renewal of a radiologic technologist license.

G. Up to two continuing education hours may be satisfied through delivery of radiological services, without compensation, to low-income individuals receiving services through a local health department or a free clinic organized in whole or primarily for the delivery of health services. One hour of continuing education may be credited for three hours of providing such volunteer services. For the purpose of continuing education credit for voluntary service, documentation by the health department or free clinic shall be acceptable.

H. Other provisions for continuing education shall be as follows:

A practitioner shall be exempt from the continuing education requirements for the first biennial renewal following the date of initial licensure in Virginia.
The practitioner shall retain in his records the Continued Competency Activity and Assessment Form available on the board's website with all supporting documentation for a period of four years following the renewal of an active license.
The board shall periodically conduct a random audit of its active licensees to determine compliance. The practitioners selected for the audit shall provide all supporting documentation within 30 days of receiving notification of the audit.
Failure to comply with these requirements may subject the licensee to disciplinary action by the board.
The board may grant an extension of the deadline for satisfying continuing competency requirements, for up to one year, for good cause shown upon a written request from the licensee prior to the renewal date.
The board may grant an exemption for all or part of the requirements for circumstances beyond the control of the licensee, such as temporary disability, mandatory military service, or officially declared disasters.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 5, eff. December 25, 1996; amended, Virginia Register Volume 17, Issue 17, eff. June 6, 2001; Volume 19, Issue 1, eff. October 23, 2002; Volume 19, Issue 19, eff. July 2, 2003; Volume 24, Issue 20, eff. July 24, 2008; Volume 28, Issue 5, eff. December 7, 2011; Volume 33, Issue 11, eff. March 9, 2017.

18VAC85-101-151 Reinstatement

A. A licensee who allows his license to lapse for a period of two years or more and chooses to resume his practice shall submit to the board a new application, information on practice and licensure in other jurisdictions during the period in which the license was lapsed, evidence of completion of hours of continuing education equal to those required for a biennial renewal and the fees for reinstatement of his license as prescribed in 18VAC85-101-25.

B. A licensee whose license has been revoked by the board and who wishes to be reinstated shall submit a new application to the board, fulfill additional requirements as specified in the order from the board, and pay the fee for reinstatement of his license as prescribed in 18VAC85-101-25.

History

Statutory Authority: § 54.1-2400 and Chapter 29 (§ 54.1-2900 et seq.) of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 17, Issue 17, eff. June 6, 2001; amended, Virginia Register Volume 19, Issue 19, eff. July 2, 2003.

18VAC85-101-152 Inactive license

A. A licensed radiologist assistant, radiologic technologist, or radiologic technologist-limited who holds a current, unrestricted license in Virginia may, upon a request on the renewal application and submission of the required fee, be issued an inactive license. The holder of an inactive license shall not be required to maintain continuing education hours and shall not be entitled to perform any act requiring a license to practice radiography in Virginia.

B. To reactivate an inactive license, a licensee shall:

Submit the required application;
Pay a fee equal to the difference between the current renewal fee for inactive licensure and the renewal fee for active licensure; and
Verify that he has completed continuing education hours equal to those required for the period in which he held an inactive license in Virginia, not to exceed one biennium.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2956.8:1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 17, Issue 17, eff. June 6, 2001; amended, Virginia Register Volume 24, Issue 1, eff. October 17, 2007; Volume 28, Issue 5, eff. December 7, 2011.

18VAC85-101-153 Restricted volunteer license

A. A licensed radiologist assistant, radiologic technologist, or a radiologic technologist-limited who held an unrestricted license issued by the Virginia Board of Medicine or by a board in another state as a licensee in good standing at the time the license expired or became inactive may be issued a restricted volunteer license to practice without compensation in a clinic that is organized in whole or in part for the delivery of health care services without charge in accordance with § 54.1-106 of the Code of Virginia.

B. To be issued a restricted volunteer license, a licensee shall submit an application to the board that documents compliance with requirements of § 54.1-2928.1 of the Code of Virginia and the application fee prescribed in 18VAC85-101-25.

D. The holder of a restricted volunteer license shall not be required to attest to hours of continuing education for the first renewal of such a license. For each renewal thereafter, a licensed radiologic technologist shall attest to having completed 12 hours of Category A continuing education as acceptable to and documented by the ARRT within the last biennium. A radiologic technologist-limited shall attest to having completed six hours of Category A continuing education within the last biennium that corresponds to the anatomical areas in which the limited licensee practices. Hours shall be acceptable to and documented by the ARRT or by any other entity approved by the board for limited licensees whose scope of practice is podiatry or bone densitometry.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2956.8:1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 11, eff. March 5, 2008; amended, Virginia Register Volume 28, Issue 5, eff. December 7, 2011.

18VAC85-101-160 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 13, Issue 5, eff. December 25, 1996; amended, Virginia Register Volume 16, Issue 4, eff. December 8, 1999; Volume 16, Issue 13, eff. April 12, 2000; repealed, Virginia Register Volume 19, Issue 19, eff. July 2, 2003.

Part IX Standards of Professional Conduct

18VAC85-101-161 Confidentiality

History

Statutory Authority: §§ 54.1-2400 and 54.1-2956.8:1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005.

18VAC85-101-162 Patient records

A. Practitioners shall comply with the provisions of § 32.1-127.1:03 of the Code of Virginia related to the confidentiality and disclosure of patient records.

B. Practitioners shall properly manage patient records and shall maintain timely, accurate, legible and complete records.

C. Practitioners shall maintain a patient record in accordance with policies and procedures of the employing institution or entity.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005.

18VAC85-101-163 Practitioner-patient communication

A. Except as provided in § 32.1-127.1:03 F of the Code of Virginia, a practitioner shall accurately present information to a patient or a patient's legally authorized representative in understandable terms and encourage participation in decisions regarding the patient's care.

B. A practitioner shall not deliberately make a false or misleading statement regarding the practitioner's skill or the efficacy or value of a medication, treatment, or procedure prescribed or directed by the practitioner in the treatment of any disease or condition.

C. A practitioner shall refer to or consult with other health care professionals if so indicated.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005; amended, Virginia Register Volume 40, Issue 13, eff. March 28, 2024.

18VAC85-101-164 Practitioner responsibility

A. A practitioner shall not:

Perform procedures or techniques or provide interpretations that are outside the scope of his practice or for which he is not trained and individually competent;
Knowingly allow subordinates to jeopardize patient safety or provide patient care outside of the subordinate's scope of practice or their area of responsibility. Practitioners shall delegate patient care only to subordinates who are properly trained and supervised;
Engage in an egregious pattern of disruptive behavior or interaction in a health care setting that interferes with patient care or could reasonably be expected to adversely impact the quality of care rendered to a patient; or
Exploit the practitioner/patient relationship for personal gain.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005.

18VAC85-101-165 Sexual contact

A. For purposes of § 54.1-2915 A 12 and A 19 of the Code of Virginia and this section, sexual contact includes, but is not limited to, sexual behavior or verbal or physical behavior which:

May reasonably be interpreted as intended for the sexual arousal or gratification of the practitioner, the patient, or both; or
May reasonably be interpreted as romantic involvement with a patient regardless of whether such involvement occurs in the professional setting or outside of it.

B. Sexual contact with a patient.

The determination of when a person is a patient for purposes of § 54.1-2915 A 19 of the Code of Virginia is made on a case-by-case basis with consideration given to the nature, extent, and context of the professional relationship between the practitioner and the person. The fact that a person is not actively receiving treatment or professional services from a practitioner is not determinative of this issue. A person is presumed to remain a patient until the patient-practitioner relationship is terminated.
The consent to, initiation of, or participation in sexual behavior or involvement with a practitioner by a patient does not change the nature of the conduct nor negate the statutory prohibition.

C. Sexual contact between a practitioner and a former patient. Sexual contact between a practitioner and a former patient after termination of the practitioner-patient relationship may still constitute unprofessional conduct if the sexual contact is a result of the exploitation of trust, knowledge, or influence of emotions derived from the professional relationship.

D. Sexual contact between a practitioner and a key third party shall constitute unprofessional conduct if the sexual contact is a result of the exploitation of trust, knowledge or influence derived from the professional relationship or if the contact has had or is likely to have an adverse effect on patient care. For purposes of this section, key third party of a patient shall mean: spouse or partner, parent or child, guardian, or legal representative of the patient.

E. Sexual contact between a practitioner and a supervisor and a trainee shall constitute unprofessional conduct if the sexual contact is a result of the exploitation of trust, knowledge or influence derived from the professional relationship or if the contact has had or is likely to have an adverse effect on patient care.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005.

18VAC85-101-166 Refusal to provide information

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005.

Chapter 110 Regulations Governing the Practice of Licensed Acupuncturists

Part I General Provisions

18VAC85-110-10 Definitions

A. The following words and terms when used in this chapter shall have the meanings ascribed to them in § 54.1-2900 of the Code of Virginia.

Acupuncturist

Board

Licensed acupuncturist

Practice of acupuncture

B. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"ACAHM" means the Accreditation Commission for Acupuncture and Herbal Medicine.

"CCAHM" means the Council of Colleges of Acupuncture and Herbal Medicine.

"CNT course" means a Clean Needle Technique Course as administered by the CCAHM.

"NCCAOM" means the National Certification Commission for Acupuncture and Oriental Medicine.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR465-11-1 § 1.1, eff. February 23, 1994; amended, Virginia Register Volume 15, Issue 4, eff. December 9, 1998; Volume 16, Issue 21, eff. August 2, 2000; Volume 19, Issue 10, eff. February 26, 2003; Volume 38, Issue 12, eff. March 18, 2022.

18VAC85-110-20 (Repealed.)

History

Historical Notes: Derived from VR465-11-1 § 1.2, eff. February 23, 1994; amended, Virginia Register Volume 15, Issue 4, eff. December 9, 1998; repealed, Virginia Register Volume 41, Issue 20, eff. July 3, 2025.

18VAC85-110-30 (Repealed.)

Historical Notes

Derived from VR465-11-1 § 1.3, eff. February 23, 1994; amended, Virginia Register Volume 15, Issue 4, eff. December 9, 1998; Volume 16, Issue 21, eff. August 2, 2000; repealed, Virginia Register Volume 19, Issue 10, eff. February 26, 2003.

18VAC85-110-35 Fees

Unless otherwise provided, the following fees shall not be refundable:

The application fee for a license to practice as an acupuncturist shall be $130.
The fee for biennial active license renewal shall be $135. The fee for biennial inactive license renewal shall be $70. For 2021, the fee for renewal of an active license shall be $108, and the fee for renewal of an inactive license shall be $54.
The additional fee for processing a late renewal within one renewal cycle shall be $50.
The fee for reinstatement of a license which has expired for two or more years shall be $180.
The fee for a letter of good standing or verification of a license to another jurisdiction shall be $10.
The fee for reinstatement of a license pursuant to § 54.1-2408.2 of the Code of Virginia shall be $2,000.
The fee for a duplicate wall certificate shall be $15.
The fee for a duplicate renewal license shall be $5.00.
The handling fee for a returned check or a dishonored credit card or debit card shall be $50.
The fee for an application or for the biennial renewal of a restricted volunteer license shall be $35, due in the licensee's birth month. An additional fee for late renewal of licensure shall be $15 for each renewal cycle.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 4, eff. December 9, 1998; amended, Virginia Register Volume 16, Issue 13, eff. April 12, 2000; Volume 22, Issue 9, eff. February 8, 2006; Volume 23, Issue 9, eff. February 7, 2007; Volume 24, Issue 11, eff. March 5, 2008; Volume 29, Issue 26, eff. September 25, 2013; Volume 32, Issue 9, eff. January 27, 2016; Volume 34, Issue 7, eff. December 27, 2017; Volume 36, Issue 1, eff. October 2, 2019; Volume 36, Issue 11, eff. March 5, 2020.

18VAC85-110-36 Current name and address

Each licensee shall furnish the board his current name and address of record. All notices required by law or by this chapter to be given by the board to any such licensee shall be validly given when sent to the latest address of record provided or served to the licensee. Any change of name or address of record or the public address, if different from the address of record, shall be furnished to the board within 30 days of such change.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 23, eff. August 19, 2009; amended, Virginia Register Volume 35, Issue 12, eff. March 22, 2019.

18VAC85-110-40 (Repealed.)

Historical Notes

Derived from VR465-11-1 § 2.1, eff. February 23, 1994; repealed, Virginia Register Volume 15, Issue 4, eff. December 9, 1998.

Part II Requirements for Licensure

18VAC85-110-50 Educational requirements: graduates of approved institutions or programs in the United States

A. Requirements for acupuncture education obtained prior to July 1, 1990, shall be as provided in this subsection.

An applicant applying for licensure to practice as an acupuncturist on the basis of successful completion of education in a school or college of acupuncture accredited by the ACAHM or other accrediting agencies approved by the Board of Medicine, which confers a degree or certificate in acupuncture in the United States, shall submit evidence of successful completion of an acupuncture course of study in an accredited school or college for acupuncture, providing evidence of not less than 1,000 hours of schooling in not less than a continuous 18-month period.
The studies shall include not less than 700 didactic hours and not less than 250 clinical hours. Additional hours may be in either didactic or clinical hours based upon the school or college curriculum.

B. Requirements for acupuncture education obtained after July 1, 1990, shall be as provided in this subsection.

An applicant applying for licensure to practice as a licensed acupuncturist on the basis of successful completion of education in a school or college for acupuncture accredited by ACAHM or any other accrediting agency approved by the Board of Medicine, which confers a degree or certificate in acupuncture in the United States, shall submit evidence of having a minimum of three academic years in length equivalent to 90 semester credit hours or 135 quarter credit hours.

One academic year means full-time study completed in four quarters, two semesters, or three trimesters. A full-time continuous study program shall be a concentrated educational process in acupuncture that requires individual study with assigned materials in a classroom or clinical setting.

C. Requirements for acupuncture education obtained after July 1, 1999, shall be as provided in this subsection. An applicant applying for licensure to practice as a licensed acupuncturist on the basis of successful completion of education in a school or college for acupuncture accredited by ACAHM or any other accrediting agency approved by the Board of Medicine, which confers a degree or certificate in acupuncture in the United States, shall submit evidence of having a minimum of 1,725 hours of entry-level acupuncture education to include at least 1,000 didactic hours and 500 clinical hours. Clinical hours may include observation, as well as internship or treatment hours; the remaining 225 hours may be earned as either didactic or clinical. Correspondence programs or courses in acupuncture are excluded and may not be used to meet the requirements for acupuncture education.

D. Requirements for acupuncture education obtained after February 1, 2011, shall be as provided in this subsection. An applicant applying for licensure to practice as a licensed acupuncturist on the basis of successful completion of education in a school or college for acupuncture accredited by ACAHM or any other accrediting agency approved by the Board of Medicine, which confers a degree or certificate in acupuncture in the United States, shall submit evidence of having a minimum of 1,905 hours of entry-level acupuncture education to include at least 1,155 didactic hours and 660 clinical hours. Clinical hours may include observation, as well as internship or treatment hours; the remaining 90 hours may be earned as either didactic or clinical hours. Correspondence programs or courses in acupuncture are excluded and may not be used to meet the requirements for acupuncture education.

E. An applicant from an acupuncture program in a school or college that has achieved candidacy status for accreditation by ACAHM shall be eligible for licensure provided the program meets the applicable requirements of subsection A, B, C, or D of this section, with the exception of full ACAHM accreditation.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR465-11-1 § 2.2, eff. February 23, 1994; amended, Virginia Register Volume 15, Issue 4, eff. December 9, 1998; Volume 19, Issue 10, eff. February 26, 2003; Volume 20, Issue 10, eff. April 26, 2004; Volume 29, Issue 25, eff. September 26, 2013; Volume 31, Issue 9, eff. February 13, 2015; Volume 38, Issue 12, eff. March 18, 2022.

18VAC85-110-60 Requirements of foreign graduates of nonaccredited educational programs in acupuncture

A. An applicant who has completed an educational course of study in a school or college outside the United States or Canada that is not accredited by ACAHM or any other board-approved accrediting agency shall:

Submit a transcript from his educational course of study in acupuncture to a credential evaluation service approved by the board to determine equivalency in education and training to that required in 18VAC85-110-50.
Meet the examination requirements as prescribed in 18VAC85-110-80 and 18VAC85-110-90.

B. All documents submitted to the board which are not in English must be translated into English and certified by the embassy of the issuing government or by a translating service.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR465-11-1 § 2.3, eff. February 23, 1994; amended, Virginia Register Volume 15, Issue 4, eff. December 9, 1998; Volume 19, Issue 10, eff. February 26, 2003; Volume 20, Issue 10, eff. April 26, 2004; Volume 29, Issue 25, eff. September 26, 2013; Volume 38, Issue 12, eff. March 18, 2022.

18VAC85-110-70 (Repealed.)

Historical Notes

Derived from VR465-11-1 § 2.4, eff. February 23, 1994; amended, Virginia Register Volume 15, Issue 4, eff. December 9, 1998; repealed, Virginia Register Volume 19, Issue 10, eff. February 26, 2003.

18VAC85-110-80 Examination requirements for licensure

The examination requirements for initial licensure shall consist of:

Passing the NCCAOM examination, resulting in current, active certification by the NCCAOM at the time the application is filed with the board; and
Completing the CNT course as administered by the CCAHM.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR465-11-1 § 2.5, eff. February 23, 1994; amended, Virginia Register Volume 15, Issue 4, eff. December 9, 1998; Volume 19, Issue 10, eff. February 26, 2003; Volume 35, Issue 22, eff. August 8, 2019; Volume 38, Issue 12, eff. March 18, 2022; Volume 41, Issue 20, eff. July 3, 2025; Volume 42, Issue 21, eff. July 1, 2026.

18VAC85-110-90 Test of spoken English requirements

A. An applicant applying for initial licensure to practice as an acupuncturist whose native language is not English and whose acupuncture education was also not in English shall submit evidence of having achieved a passing score as acceptable to the board on either the Test of Spoken English (TSE) or the Test of English as a Foreign Language (TOEFL) administered by the Educational Testing Services.

B. An applicant applying for initial licensure to practice as an acupuncturist whose native language is not English and whose acupuncture education was also not in English shall be exempt from the requirement for TSE or TOEFL if the majority of his clients speak the language of the acupuncturist.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2956.9 of the Code of Virginia.
Historical Notes: Derived from VR465-11-1 § 2.6, eff. February 23, 1994; amended, Virginia Register Volume 15, Issue 4, eff. December 9, 1998; Volume 16, Issue 21, eff. August 2, 2000; Volume 42, Issue 21, eff. July 1, 2026.

18VAC85-110-91 Licensure by endorsement

An applicant for licensure by endorsement shall submit the following:

Evidence of a current, active license in a United States jurisdiction or Canada that is in good standing;
A completed application and fee;
Evidence of a current, active national certification recognized by the board;
Evidence of completion of a CNT course as administered by the CCAHM; and
A current report from the National Practitioner Data Bank.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 21, eff. July 1, 2026.

Part III Scope of Practice

18VAC85-110-100 General requirements

Prior to performing acupuncture, a licensed acupuncturist shall obtain written documentation that the patient has received a diagnostic examination within the past six months by a licensed doctor of medicine, osteopathy, chiropractic, or podiatry acting within the scope of his practice or shall provide to the patient a written recommendation for such a diagnostic examination on a form specified by the board and signed by the patient. The original of the signed form shall be maintained in the patient's chart and a copy provided to the patient.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2956.9 of the Code of Virginia.
Historical Notes: Derived from VR465-11-1 § 3.1, eff. February 23, 1994; amended, Virginia Register Volume 15, Issue 4, eff. December 9, 1998; Volume 15, Issue 21, eff. August 5, 1999; Volume 16, Issue 21, eff. August 2, 2000; Volume 18, Issue 4, eff. December 5, 2001.

18VAC85-110-110 Limitation of titles

A person practicing as a licensed acupuncturist is restricted to the use of the titles "Lic.Ac." or "L.Ac." and shall not use the terms "physician" or "doctor" in his name or practice unless he simultaneously uses a clarifying title, initials, abbreviation or designation or language.

History

Statutory Authority: §§ 54.1-2400, 54.1-2903 and 54.1-2956.9 of the Code of Virginia.
Historical Notes: Derived from VR465-11-1 § 3.2, eff. February 23, 1994; amended, Virginia Register Volume 15, Issue 21, eff. August 5, 1999.

18VAC85-110-120 (Repealed.)

Historical Notes

Derived from VR465-11-1 § 3.3, eff. February 23, 1994; repealed, Virginia Register Volume 15, Issue 4, eff. December 9, 1998.

18VAC85-110-130 (Repealed.)

Historical Notes

Derived from VR465-11-1 § 3.4, eff. February 23, 1994; amended, Virginia Register Volume 15, Issue 21, eff. August 5, 1999; repealed, Virginia Register Volume 29, Issue 25, eff. September 26, 2013.

18VAC85-110-140 Sterilization practices and infection control

Acupuncture needles shall be presterilized, prewrapped, disposable needles, for the prevention of infection, to protect the health, safety, and welfare of the patient. Such needles shall be discarded after each patient treatment.

History

Statutory Authority: §§ 54.1-100 through 54.1-114, 54.1-2400, and 54.1-2956.9 through 54.1-2956.11 of the Code of Virginia.
Historical Notes: Derived from VR465-11-1 § 3.5, eff. February 23, 1994.

18VAC85-110-145 Registration for voluntary practice by out-of-state licensees

Any licensed acupuncturist who does not hold a license to practice in Virginia and who seeks registration to practice under subdivision 27 of § 54.1-2901 of the Code of Virginia on a voluntary basis under the auspices of a publicly supported, all volunteer, nonprofit organization that sponsors the provision of health care to populations of underserved people shall:

File an application for registration on a form provided by the board at least five business days prior to engaging in such practice;
Provide a complete record of professional licensure in each state in which the acupuncturist has held a license and a copy of any current license;
Provide the name of the nonprofit organization and the dates and location of the voluntary provision of services; and
Provide a notarized statement from a representative of the nonprofit organization attesting to its compliance with provisions of subdivision 27 of § 54.1-2901 of the Code of Virginia.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. June 18, 2003; amended, Virginia Register Volume 24, Issue 24, eff. September 3, 2008; Volume 41, Issue 20, eff. July 3, 2025.

Part IV Renewal and Reinstatement of Licensure

18VAC85-110-150 Biennial renewal of licensure

A. A licensed acupuncturist shall renew his license biennially during his birth month in each odd-numbered year by:

Paying to the board the renewal fee as prescribed in subdivision 2 of 18VAC85-110-35; and
Attesting to having current, active certification by the NCCAOM.

B. A licensed acupuncturist whose license has not been renewed by the first day of the month following the month in which renewal is required shall not be licensed in Virginia.

C. An additional fee to cover administrative costs for processing a late application renewal shall be imposed by the board as prescribed by subdivision 3 of 18VAC85-110-35.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2956.9 of the Code of Virginia.
Historical Notes: Derived from VR465-11-1 § 4.1, eff. February 23, 1994; amended, Virginia Register Volume 15, Issue 4, eff. December 9, 1998; Volume 17, Issue 17, eff. June 6, 2001; Volume 19, Issue 10, eff. February 26, 2003.

18VAC85-110-155 Inactive licensure

A. A licensed acupuncturist who holds a current, unrestricted license in Virginia shall, upon a request on the renewal application and submission of the required fee, be issued an inactive license.

The holder of an inactive license shall not be required to maintain current, active certification by the NCCAOM.
An inactive licensee shall not be entitled to perform any act requiring a license to practice acupuncture in Virginia.

B. An inactive licensee may reactivate his license by:

Submission of the required application;
Payment of the difference between the current renewal fee for inactive licensure and the renewal fee for active licensure for the biennium in which the license is being reactivated; and
Submission of documentation of having maintained current certification or having been recertified by the NCCAOM.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2954.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 17, Issue 17, eff. June 6, 2001; amended, Virginia Register Volume 19, Issue 10, eff. February 26, 2003; Volume 24, Issue 1, eff. October 17, 2007.

18VAC85-110-160 Reinstatement

A. A licensed acupuncturist who allows his license to lapse for a period of two years or more and chooses to resume his practice shall submit to the board a reinstatement application, information on practice and licensure in other jurisdictions for the period in which the license was lapsed in Virginia, proof of current, active certification by the NCCAOM, and the fee for reinstatement of his license as prescribed in subdivision 4 of 18VAC85-110-35.

B. A licensed acupuncturist whose license has been revoked by the board and who wishes to be reinstated must make a new application to the board, hold current, active certification by the NCCAOM, and pay the fee for reinstatement of his license as prescribed in subdivision 6 of 18VAC85-110-35.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2956.9 of the Code of Virginia.
Historical Notes: Derived from VR465-11-1 § 4.2, eff. February 23, 1994; amended, Virginia Register Volume 15, Issue 4, eff. December 9, 1998; Volume 17, Issue 17, eff. June 6, 2001; Volume 19, Issue 10, eff. February 26, 2003.

18VAC85-110-161 Restricted volunteer license

A. A licensed acupuncturist who held an unrestricted license issued by the Virginia Board of Medicine or by a board in another state as a licensee in good standing at the time the license expired or became inactive may be issued a restricted volunteer license to practice without compensation in a clinic that is organized in whole or in part for the delivery of health care services without charge in accordance with § 54.1-106 of the Code of Virginia.

B. To be issued a restricted volunteer license, a licensed acupuncturist shall submit an application to the board that documents compliance with requirements of § 54.1-2928.1 of the Code of Virginia and the application fee prescribed in 18VAC85-110-35.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 11, eff. March 5, 2008.

18VAC85-110-170 (Repealed.)

Historical Notes

Derived from VR465-11-1 § 5.1, eff. February 23, 1994; repealed, Virginia Register Volume 15, Issue 4, eff. December 9, 1998.

Part V Standards of Professional Conduct

18VAC85-110-175 Confidentiality

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005.

18VAC85-110-176 Patient records

A. Practitioners shall comply with the provisions of § 32.1-127.1:03 of the Code of Virginia related to the confidentiality and disclosure of patient records.

B. Practitioners shall properly manage patient records and shall maintain timely, accurate, legible, and complete patient records.

C. Practitioners shall maintain a patient record in accordance with policies and procedures of the employing entity. In the event the practitioner is a sole proprietor, the practitioner shall develop policies for maintenance of patient records and adhere to those policies.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005; amended, Virginia Register Volume 41, Issue 20, eff. July 3, 2025.

18VAC85-110-177 Practitioner-patient communication; termination of relationship

A. Communication with patients.

Except as provided in § 32.1-127.1:03 F of the Code of Virginia, a practitioner shall accurately inform a patient or the patient's legally authorized representative of the patient's professional assessment and prescribed treatment or plan of care in understandable terms. No practitioner shall deliberately make a false or misleading statement regarding the practitioner's skill or the efficacy or value of a treatment or procedure prescribed or directed by the practitioner in the treatment of any disease or condition.
Before any acupuncture treatment or procedure is performed, informed consent shall be obtained from the patient. Practitioners shall inform patients of the risks, benefits, and alternatives of the recommended treatment that a reasonably prudent licensed acupuncturist practicing in Virginia would tell a patient. In the instance of a minor or a patient who is incapable of making an informed decision on the patient's own behalf or is incapable of communicating such a decision due to a physical or mental disorder, the legally authorized person available to give consent shall be informed and the consent documented.

B. Termination of the practitioner-patient relationship.

The practitioner or the patient may terminate the relationship. In either case, the practitioner shall make a copy of the patient record available, except in situations where denial of access is allowed by law.
No practitioner shall terminate the relationship or make services unavailable without documented notice to the patient that allows for a reasonable time to obtain the services of another practitioner.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005; amended, Virginia Register Volume 41, Issue 20, eff. July 3, 2025.

18VAC85-110-178 Practitioner responsibility

A. A practitioner shall not:

Perform procedures or techniques that are outside the scope of his practice or for which he is not trained and individually competent;
Knowingly allow subordinates to jeopardize patient safety or provide patient care outside of the subordinate's scope of practice or area of responsibility. Practitioners shall delegate patient care only to subordinates who are properly trained and supervised;
Engage in an egregious pattern of disruptive behavior or interaction in a health care setting that interferes with patient care or could reasonably be expected to adversely impact the quality of care rendered to a patient; or
Exploit the practitioner/patient relationship for personal gain.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005.

18VAC85-110-179 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005; repealed, Virginia Register Volume 41, Issue 20, eff. July 3, 2025.

18VAC85-110-180 Dietary supplements

A. The recommendation or direction for the use of dietary supplements and the rationale for that recommendation shall be documented by the practitioner. The recommendation or direction shall be based upon a reasonable expectation that such use will result in a favorable patient outcome, including preventive practices, and that a greater benefit will be achieved than that which can be expected without such use.

B. Dietary supplements, used singly or in combination, shall not be sold, dispensed, recommended, prescribed, or suggested in doses that would be contraindicated based on the individual patient's overall medical condition and medications.

C. The practitioner shall conform to the standards of his particular branch of the healing arts in the therapeutic application of dietary supplement therapy.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2956.9 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005; amended, Virginia Register Volume 35, Issue 22, eff. August 8, 2019.

18VAC85-110-181 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005; repealed, Virginia Register Volume 41, Issue 20, eff. July 3, 2025.

18VAC85-110-182 Sexual contact

A. For purposes of § 54.1-2915 A 12 and A 19 of the Code of Virginia and this section, sexual contact includes, but is not limited to, sexual behavior or verbal or physical behavior that:

May reasonably be interpreted as intended for the sexual arousal or gratification of the practitioner, the patient, or both; or
May reasonably be interpreted as romantic involvement with a patient regardless of whether such involvement occurs in the professional setting or outside of it.

B. Sexual contact with a patient.

The determination of when a person is a patient for purposes of § 54.1-2915 A 19 of the Code of Virginia is made on a case-by-case basis with consideration given to the nature, extent, and context of the professional relationship between the practitioner and the person. The fact that a person is not actively receiving treatment or professional services from a practitioner is not determinative of this issue. A person is presumed to remain a patient until the patient-practitioner relationship is terminated.
The consent to, initiation of, or participation in sexual behavior or involvement with a practitioner by a patient does not change the nature of the conduct nor negate the statutory prohibition.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005.

18VAC85-110-183 Refusal to provide information

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005.

Chapter 120 Regulations Governing the Licensure of Athletic Trainers

Part I General Provisions

18VAC85-120-10 Definitions

In addition to words and terms defined in § 54.1-2900 of the Code of Virginia, the following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"Athletic trainer" means a person licensed by the Virginia Board of Medicine to engage in the practice of athletic training as defined in § 54.1-2900 of the Code of Virginia.

"Board" means the Virginia Board of Medicine.

"Direction" means authorization by a doctor of medicine, osteopathy, chiropractic, podiatry, or dentistry for care and treatment by a verbal order if the doctor or dentist is present or by written order, telecommunication, plans of care, protocols, or standing orders if the doctor or dentist is not present.

"NATABOC" means the National Athletic Trainers' Association Board of Certification.

"Student athletic trainer" means a person enrolled in an accredited bachelor's or master's level educational program in athletic training.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.4 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 17, Issue 17, eff. June 6, 2001; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 24, Issue 20, eff. July 24, 2008; Volume 29, Issue 25, eff. September 26, 2013; Volume 32, Issue 7, eff. January 15, 2016; Volume 35, Issue 22, eff. August 8, 2019; Volume 40, Issue 13, eff. March 28, 2024.

18VAC85-120-20 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 17, Issue 17, eff. June 6, 2001; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; repealed, Virginia Register Volume 40, Issue 13, eff. March 28, 2024.

18VAC85-120-30 Current name and address

Each licensee shall furnish the board his current name and address of record. All notices required by law or by these regulations to be given by the board to any such licensee shall be validly given when sent to the latest address of record given to the board. Any change of name or address of record or the public address, if different from the address of record, shall be furnished to the board within 30 days of such change.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 17, Issue 17, eff. June 6, 2001; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 25, Issue 23, eff. August 19, 2009; Volume 35, Issue 12, eff. March 22, 2019.

18VAC85-120-35 Fees

A. Unless otherwise provided, fees listed in this section shall not be refundable.

B. The following fees have been adopted by the board:

The application fee shall be $130.
The fee for renewal of licensure shall be $135 and shall be due in the licensee's birth month, in each odd-numbered year.
A fee of $50 for processing a late renewal within one renewal cycle shall be paid in addition to the renewal fee.
The fee for reinstatement of a license that has expired for two or more years shall be $180 and shall be submitted with an application for reinstatement.
The fee for reinstatement of a license pursuant to § 54.1-2408.2 of the Code of Virginia shall be $2,000.
The fee for a duplicate renewal license shall be $5.00, and the fee for a duplicate wall certificate shall be $15.
The handling fee for a returned check or a dishonored credit card or debit card shall be $50.
The fee for a letter of verification to another jurisdiction shall be $10.
The fee for an inactive license shall be $70, and the fee for a late renewal shall be $25.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.4 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. September 26, 2013 and subdivision 10 of former 18VAC85-120-150, Volume 29, Issue 26, eff. September 25, 2013; Volume 32, Issue 9, eff. January 27, 2016; Volume 34, Issue 7, eff. December 27, 2017; Volume 36, Issue 1, eff. October 2, 2019; Volume 36, Issue 11, eff. March 5, 2020; Volume 40, Issue 13, eff. March 28, 2024.

Part II Requirements for Licensure as an Athletic Trainer

18VAC85-120-40 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 17, Issue 17, eff. June 6, 2001; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; repealed, Virginia Register Volume 40, Issue 13, eff. March 28, 2024.

18VAC85-120-50 Requirements for initial licensure

An applicant for initial licensure shall submit evidence of meeting the following requirements for licensure on forms provided by the board:

A completed application and fee as prescribed in 18VAC85-130-150;
Verification of professional activity as required on the application form;
Evidence of current NATABOC certification; and
If licensed or certified in any other jurisdiction, verification as to whether there has been any disciplinary action taken or pending in that jurisdiction.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2912.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 17, Issue 17, eff. June 6, 2001; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 22, Issue 2, eff. December 17, 2005; Volume 24, Issue 20, eff. July 24, 2008; Volume 42, Issue 21, eff. July 1, 2026.

18VAC85-120-51 Requirements for licensure by endorsement

An applicant for licensure by endorsement shall submit the following:

Evidence of a current, active license in a United States jurisdiction or Canada that is in good standing;
A completed application and fee;
Evidence of a current, active national certification recognized by the board; and
A current report from the National Practitioner Data Bank.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 21, eff. July 1, 2026.

18VAC85-120-60 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 17, Issue 17, eff. June 6, 2001; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; repealed, Virginia Register Volume 29, Issue 25, eff. September 26, 2013.

18VAC85-120-70 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 17, Issue 17, eff. June 6, 2001; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 24, Issue 20, eff. July 24, 2008; repealed, Virginia Register Volume 29, Issue 25, eff. September 26, 2013.

18VAC85-120-75 Temporary authorization to practice

Upon written request from an applicant and an applicant's employer and for good cause shown, an applicant who provides documentation of current NATABOC certification may be granted temporary authorization to practice as an athletic trainer for 45 days pending submission of all other required documentation and issuance of a license. At the discretion of the board, additional time, not to exceed 15 days, may be allowed to complete the application process.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.4 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 24, eff. September 8, 2004; amended, Virginia Register Volume 29, Issue 25, eff. September 26, 2013; Volume 40, Issue 13, eff. March 28, 2024.

18VAC85-120-80 Provisional licensure

A. An applicant who has been approved by NATABOC to sit for the certification examination may be granted a provisional license to practice athletic training under the supervision of an athletic trainer.

B. The graduate shall submit an application for a provisional license to the board for review and approval by the Chair of the Advisory Board on Athletic Training or the chair's designee.

C. The provisional license shall expire six months from issuance or upon receipt of notification of a failing score on the NATABOC certification examination or upon licensure as an athletic trainer by the board, whichever comes first.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.4 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 17, Issue 17, eff. June 6, 2001; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 27, Issue 10, eff. March 3, 2011; Volume 29, Issue 25, eff. September 26, 2013; Volume 40, Issue 13, eff. March 28, 2024.

18VAC85-120-85 Registration for voluntary practice by out-of-state trainers

Any athletic trainer who does not hold a license to practice in Virginia and who seeks registration to practice on a voluntary basis under the auspices of a publicly supported, all volunteer, nonprofit organization that sponsors the provision of health care to populations of underserved people shall:

File an application for registration on a form provided by the board at least five business days prior to engaging in such practice;
Provide a complete record of professional certification or licensure in each state in which the athletic trainer has held a certificate or license and a copy of any current certificate or license;
Provide the name of the nonprofit organization, the dates and location of the voluntary provision of services; and
Provide a notarized statement from a representative of the nonprofit organization attesting to its compliance with provisions of subdivision 27 of § 54.1-2901 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.4 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. June 18, 2003; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 24, Issue 24, eff. September 3, 2008; Volume 40, Issue 13, eff. March 28, 2024.

Part III Renewal and Reinstatement

18VAC85-120-90 Renewal of license

A. Every athletic trainer intending to continue licensure shall biennially in each odd-numbered year in his birth month:

Register with the board for renewal of licensure;
Pay the prescribed renewal fee at the time he files for renewal; and
Attest to current NATABOC certification.

B. An athletic trainer whose license has not been renewed by the first day of the month following the month in which renewal is required shall pay a late fee as prescribed in 18VAC85-120-150.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2912.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 17, Issue 17, eff. June 6, 2001; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 24, Issue 20, eff. July 24, 2008.

18VAC85-120-95 Inactive licensure

A. An athletic trainer who holds a current, unrestricted license in Virginia shall, upon a request on the renewal application and submission of the required fee, be issued an inactive license.

The holder of an inactive license shall not be required to maintain NATABOC certification.
An inactive licensee shall not be entitled to practice as an athletic trainer in Virginia.

B. An inactive licensee may reactivate his license upon submission of:

The required application;
Payment of the difference between the current renewal fee for inactive licensure and the renewal fee for active licensure for the biennium in which the license is being reactivated; and
Documentation of having maintained certification or having been recertified by the NATABOC.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2912.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 20, eff. July 24, 2008.

18VAC85-120-100 Reinstatement

A. In order to reinstate a license that has been lapsed for more than two years, an athletic trainer shall file an application for reinstatement, pay the fee for reinstatement of his license as prescribed in 18VAC85-120-150, and submit to the board evidence of current certification by NATABOC.

B. An athletic trainer whose license has been revoked by the board and who wishes to be reinstated shall file a new application to the board and pay the fee for reinstatement of his license as prescribed in 18VAC85-120-150 pursuant to § 54.1-2408.2 of the Code of Virginia.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 17, Issue 17, eff. June 6, 2001; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 23, Issue 9, eff. February 7, 2007.

Part IV Standards of Practice

18VAC85-120-110 Individual responsibilities

A. The athletic trainer's responsibilities are to evaluate the individual being treated, plan the treatment program, and administer and document treatment within the limit of his professional knowledge, judgment, and skills and in accordance with the practice of athletic training as set forth in § 54.1-2900 of the Code of Virginia.

B. An athletic trainer practices under the direction of the individual's physician or under the direction of any doctor of medicine, osteopathy, chiropractic, podiatry, or dentistry.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.4 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 17, Issue 17, eff. June 6, 2001; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 35, Issue 22, eff. August 8, 2019.

18VAC85-120-120 General responsibilities

An athletic trainer shall ensure that unlicensed persons under the athletic trainer's supervision shall not perform those functions that require professional judgment or discretion in the practice of athletic training. An athletic trainer shall be responsible for the actions of persons acting under the athletic trainer's supervision and direction.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.4 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 17, Issue 17, eff. June 6, 2001; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 40, Issue 13, eff. March 28, 2024.

18VAC85-120-130 Supervisory responsibilities

A. The athletic trainer supervising the practice of persons holding a provisional license issued by the board shall develop a written protocol with the provisional licensee to include but not be limited to the following:

Provisions for daily, on-site review and evaluation of services being provided, including a review of outcomes for individuals being treated; and
Guidelines for availability and ongoing communications proportionate to such factors as practice setting, acuity of population being served, and experience of the provisional licensee.

B. The athletic trainer supervising the practice of student athletic trainers shall:

Provide daily, on-site supervision and shall plan, direct, advise and evaluate the performance and experience of the student trainer.
Delegate only nondiscretionary tasks that are appropriate to the level of competency and experience of the student athletic trainer, practice setting and acuity of population being served.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.4 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 17, Issue 17, eff. June 6, 2001; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 24, Issue 2, eff. October 31, 2007.

18VAC85-120-140 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 17, Issue 17, eff. June 6, 2001; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; repealed, Virginia Register Volume 40, Issue 13, eff. March 28, 2024.

18VAC85-120-150 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 17, Issue 17, eff. June 6, 2001; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 22, Issue 9, eff. February 8, 2006; Volume 23, Issue 9, eff. February 7, 2007; Volume 24, Issue 20, eff. July 24, 2008; Volume 29, Issue 26, eff. September 25, 2013; repealed, Virginia Register Volume 29, Issue 25, eff. September 26, 2013.

Part V Standards of Professional Conduct

18VAC85-120-155 Confidentiality

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.4 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005; amended, Virginia Register Volume 29, Issue 25, eff. September 26, 2013.

18VAC85-120-156 Patient records

A. Practitioners shall comply with the provisions of § 32.1-127.1:03 of the Code of Virginia related to the confidentiality and disclosure of patient records.

B. Practitioners shall properly manage patient records and keep timely, accurate, legible, and complete patient records.

C. Practitioners who are employed by a health care institution, school system, or other entity in which the individual practitioner does not own or maintain the individual practitioner's own records shall maintain patient records in accordance with the policies and procedures of the employing entity.

D. Practitioners who are self-employed or employed by an entity in which the individual practitioner does own and is responsible for patient records shall develop policies regarding retention of records and adhere to those policies.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.4 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005; amended, Virginia Register Volume 40, Issue 13, eff. March 28, 2024.

18VAC85-120-157 Practitioner-patient communication

A. Except as provided in § 32.1-127.1:03 F of the Code of Virginia, a practitioner shall accurately present information to a patient or his legally authorized representative in understandable terms and encourage participation in decisions regarding the patient's care.

B. A practitioner shall not deliberately make a false or misleading statement regarding the practitioner's skill or the efficacy or value of a medication, treatment, or procedure provided or directed by the practitioner in the treatment of any disease or condition.

C. Practitioners shall adhere to requirements of § 32.1-162.18 of the Code of Virginia for obtaining informed consent from patients prior to involving them as subjects in human research with the exception of retrospective chart reviews.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005.

18VAC85-120-158 Practitioner responsibility

A. A practitioner shall not:

Perform procedures or techniques that are outside the scope of his practice or for which he is not trained and individually competent;
Knowingly allow subordinates to jeopardize patient safety or provide patient care outside of the subordinate's scope of practice or area of responsibility. Practitioners shall delegate patient care only to subordinates who are properly trained and supervised;
Engage in an egregious pattern of disruptive behavior or interaction in a health care setting that interferes with patient care or could reasonably be expected to adversely impact the quality of care rendered to a patient; or
Exploit the practitioner/patient relationship for personal gain.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005.

18VAC85-120-159 Vitamins, minerals and food supplements

A. The recommendation or direction for the use of vitamins, minerals or food supplements and the rationale for that recommendation shall be documented by the practitioner. The recommendation or direction shall be based upon a reasonable expectation that such use will result in a favorable patient outcome, including preventive practices, and that a greater benefit will be achieved than that which can be expected without such use.

B. Vitamins, minerals, or food supplements, or a combination of the three, shall not be sold, dispensed, recommended, prescribed, or suggested in doses that would be contraindicated based on the individual patient's overall medical condition and medications.

C. The practitioner shall conform to the standards of his particular branch of the healing arts in the therapeutic application of vitamins, minerals or food supplement therapy.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005.

18VAC85-120-160 Anabolic steroids

An athletic trainer shall not sell, dispense, or administer anabolic steroids to any patient.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005.

18VAC85-120-161 Sexual contact

A. For purposes of § 54.1-2915 A 12 and A 19 of the Code of Virginia and this section, sexual contact includes, but is not limited to, sexual behavior or verbal or physical behavior that:

May reasonably be interpreted as intended for the sexual arousal or gratification of the practitioner, the patient, or both; or
May reasonably be interpreted as romantic involvement with a patient regardless of whether such involvement occurs in the professional setting or outside of it.

B. Sexual contact with a patient.

The determination of when a person is a patient for purposes of § 54.1-2915 A 19 of the Code of Virginia is made on a case-by-case basis with consideration given to the nature, extent, and context of the professional relationship between the practitioner and the person. The fact that a person is not actively receiving treatment or professional services from a practitioner is not determinative of this issue. A person is presumed to remain a patient until the patient-practitioner relationship is terminated.
The consent to, initiation of, or participation in sexual behavior or involvement with a practitioner by a patient does not change the nature of the conduct nor negate the statutory prohibition.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005.

18VAC85-120-162 Refusal to provide information

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 1, eff. October 19, 2005.

Chapter 130 Regulations Governing the Practice of Licensed Midwives

Part I General Provisions

18VAC85-130-10 Definitions

A. The following words and terms when used in this chapter shall have the meanings ascribed to them in § 54.1-2957.7 of the Code of Virginia.

"Midwife"

"Practicing midwifery"

B. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Board" means the Virginia Board of Medicine.

"Client" means a person receiving midwifery care and shall be considered synonymous with the word "patient."

"Controlled substance" means a drug, substance or immediate precursor in Schedules I through VI as set out in the Drug Control Act (§ 54.1-3400 et seq. of the Code of Virginia).

"CPM" means the Certified Professional Midwife credential issued by the North American Registry of Midwives.

"NARM" means the North American Registry of Midwives.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.9 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 10, eff. February 21, 2007.

18VAC85-130-20 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 23, Issue 10, eff. February 21, 2007; repealed, Virginia Register Volume 41, Issue 20, eff. July 3, 2025.

18VAC85-130-30 Fees

Unless otherwise provided, the following fees shall not be refundable:

The application fee for a license to practice as a midwife shall be $277.
The fee for biennial active license renewal shall be $312; the additional fee for late renewal of an active license within one renewal cycle shall be $105.
The fee for biennial inactive license renewal shall be $168; the additional fee for late renewal of an inactive license within one renewal cycle shall be $55.
The fee for reinstatement of a license that has expired for a period of two years or more shall be $367 in addition to the late fee. The fee shall be submitted with an application for licensure reinstatement.
The fee for a letter of good standing or verification of a license to another jurisdiction shall be $10.
The fee for an application for reinstatement if a license has been revoked or if an application for reinstatement has been previously denied shall be $2,000.
The fee for a duplicate wall certificate shall be $15.
The fee for a duplicate renewal license shall be $5.00.
The handling fee for a returned check or a dishonored credit card or debit card shall be $50.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 10, eff. February 21, 2007; amended, Virginia Register Volume 24, Issue 14, eff. April 16, 2008; Volume 29, Issue 26, eff. September 25, 2013; Volume 32, Issue 9, eff. January 27, 2016; Volume 34, Issue 7, eff. December 27, 2017; Volume 36, Issue 1, eff. October 2, 2019; Volume 36, Issue 11, eff. March 5, 2020; Volume 41, Issue 20, eff. July 3, 2025.

18VAC85-130-31 Current name and address

Each licensee shall furnish the board his current name and address of record. All notices required by law or by this chapter to be given by the board to any such licensee shall be validly given when sent to the latest address of record provided or served to the licensee. Any change of name or address of record or the public address, if different from the address of record, shall be furnished to the board within 30 days of such change.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 23, eff. August 19, 2009; amended, Virginia Register Volume 35, Issue 12, eff. March 22, 2019.

Part II Requirements for Licensure and Renewal of Licensure

18VAC85-130-40 Criteria for initial licensure

A. An applicant for board licensure shall submit:

The required application on a form provided by the board and the application fee as prescribed in 18VAC85-130-30;
Evidence satisfactory to the board of current certification as a CPM; and
A report from NARM indicating whether there has ever been any adverse action taken against the applicant.

B. If an applicant has been licensed or certified in another jurisdiction, the applicant shall provide information on the status of each license or certificate held and on any disciplinary action taken or pending in that jurisdiction.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.9 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 10, eff. February 21, 2007.

18VAC85-130-45 Practical experience under supervision

A person may perform tasks related to the practice of midwifery under the direct and immediate supervision of a licensed doctor of medicine or osteopathic medicine, a certified nurse midwife, or a licensed midwife while enrolled in an accredited midwifery education program or during completion of the North American Registry of Midwives' Portfolio Evaluation Process Program without obtaining a license issued by the board until such person has taken and received the results of any examination required for CPM certification or for a period of 10 years, whichever occurs sooner.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.9 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 10, eff. February 21, 2007; amended, Virginia Register Volume 34, Issue 25, eff. September 20, 2018.

18VAC85-130-50 Biennial renewal of licensure

A. A licensed midwife shall renew licensure biennially during the midwife's birth month in each odd-numbered year by:

Paying to the board the renewal fee as prescribed in 18VAC85-130-30; and
Attesting to having current, active CPM certification by NARM.

B. A licensed midwife whose license has not been renewed by the first day of the month following the month in which renewal is required shall not be considered licensed in Virginia.

C. An additional fee to cover administrative costs for processing a late application renewal shall be imposed by the board as prescribed by 18VAC85-130-30.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.9 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 10, eff. February 21, 2007.

18VAC85-130-60 Inactive licensure

A. A licensed midwife who holds a current, unrestricted license in Virginia shall, upon a request on the renewal application and submission of the required fee, be issued an inactive license.

The holder of an inactive license shall not be required to maintain current, active certification by NARM.
An inactive licensee shall not be entitled to perform any act requiring a license to practice midwifery in Virginia.

B. An inactive licensee may reactivate licensure by:

Payment of the difference between the current renewal fee for inactive licensure and the renewal fee for active licensure for the biennium in which the license is being reactivated; and
Submission of documentation of having current, active certification by NARM.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.9 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 10, eff. February 21, 2007.

18VAC85-130-70 Reinstatement

A. A licensed midwife who allows licensure to lapse for a period of two years or more and chooses to resume practice shall submit to the board a reinstatement application, information on practice and licensure in other jurisdictions for the period in which the license was lapsed in Virginia, proof of current, active certification by NARM, and the fee for reinstatement of licensure as prescribed in 18VAC85-130-30.

B. A licensed midwife whose license has been revoked by the board and who wishes to be reinstated must make a new application to the board, hold current, active certification by NARM, and pay the fee for reinstatement of a revoked license as prescribed in 18VAC85-130-30.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.9 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 10, eff. February 21, 2007.

Part III Practice Standards

18VAC85-130-80 General disclosure requirements

A licensed midwife shall provide written disclosures to any client seeking midwifery care. The licensed midwife shall review each disclosure item and obtain the client's signature as evidence that the disclosures have been received and explained. Such disclosures shall include:

A description of the licensed midwife's qualifications, experience, and training;
A written protocol for medical emergencies, including hospital transport, particular to each client;
A statement as to whether the licensed midwife has hospital privileges;
A statement that a licensed midwife is prohibited from prescribing controlled substances and is only permitted to possess or administer medications and devices listed in the Formulary and Best Practices adopted by the board;
A description of the midwife's model of care;
A copy of the regulations governing the practice of midwifery;
A statement as to whether the licensed midwife carries malpractice or liability insurance coverage and, if so, the extent of that coverage;
An explanation of the Virginia Birth-Related Neurological Injury Compensation Fund and a statement that licensed midwives are currently not covered by the fund; and
A description of the right to file a complaint with the Board of Medicine and with NARM and the procedures and contact information for filing such complaint.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.9 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 10, eff. February 21, 2007; amended, Virginia Register Volume 30, Issue 6, eff. December 18, 2013; Volume 41, Issue 25, eff. September 11, 2025.

18VAC85-130-81 Disclosures on health risks

A. Upon initiation of care, a midwife shall review the client's medical history in order to identify pre-existing conditions or indicators that require disclosure of risk for home birth. The midwife shall offer standard tests and screenings for evaluating risks and shall document client response to such recommendations. The midwife shall also continually assess the pregnant woman and baby in order to recognize conditions that may arise during the course of care that require disclosure of risk for birth outside of a hospital or birthing center.

B. If any of the following conditions or risk factors are presented, the midwife shall request and review the client's medical history, including records of the current or previous pregnancies; disclose to the client the risks associated with a birth outside of a hospital or birthing center; and provide options for consultation and referral. If the client is under the care of a physician for any of the following medical conditions or risk factors, the midwife shall consult with or request documentation from the physician as part of the risk assessment for birth outside of a hospital or birthing center.

Antepartum risks:

Conditions requiring ongoing medical supervision or ongoing use of medications;

Active cancer;

Cardiac disease;

Severe renal disease -- active or chronic;

Severe liver disease -- active or chronic;

HIV positive status with AIDS;

Uncontrolled hyperthyroidism;

Chronic obstructive pulmonary disease;

Seizure disorder requiring prescriptive medication;

Psychiatric disorders;

Current substance abuse known to cause adverse effects;

Essential chronic hypertension over 140/90;

Significant glucose intolerance;

Genital herpes;

Inappropriate fetal size for gestation;

Significant 2nd or 3rd trimester bleeding;

Incomplete spontaneous abortion;

Abnormal fetal cardiac rate or rhythm;

Uterine anomaly;

Platelet count less than 120,000;

Previous uterine incision and/or myomectomy with review of surgical records and/or subsequent birth history;

Isoimmunization to blood factors;

Body mass index (BMI) equal to or greater than 30;

History of hemoglobinopathies;

Acute or chronic thrombophlebitis;

Anemia (hematocrit less than 30 or hemoglobin less than 10 at term);

Blood coagulation defect;

Pre-eclampsia/eclampsia;

Uterine ablation;

Placental abruption;

Placenta previa at onset of labor;

Persistent severe abnormal quantity of amniotic fluid;

Suspected chorioamnionitis;

Ectopic pregnancy;

Pregnancy lasting longer than 42 completed weeks with an abnormal nonstress test;

Any pregnancy with abnormal fetal surveillance tests;

Rupture of membranes 24 hours before the onset of labor;

Position presentation other than vertex at term or while in labor; or

Multiple gestation.

Intrapartum risks:

Current substance abuse;

Documented intrauterine growth retardation (IUGR)/small for gestational age (SGA) at term;

Suspected uterine rupture;

Active herpes lesion in an unprotectable area;

Prolapsed cord or cord presentation;

Suspected complete or partial placental abruption;

Suspected placental previa;

Suspected chorioamnionitis;

Pre-eclampsia/eclampsia;

Thick meconium stained amniotic fluid without reassuring fetal heart tones and birth is not imminent;

Position presentation other than vertex at term or while in labor;

Abnormal auscultated fetal heart rate pattern unresponsive to treatment or inability to auscultate fetal heart tones;

Excessive vomiting, dehydration, or exhaustion unresponsive to treatment;

Blood pressure greater than 140/90 that persists or rises and birth is not imminent;

Maternal fever equal to or greater than 100.4°F; or

Labor or premature rupture of membrane (PROM) less than 37 weeks according to due date.

If a risk factor first develops when birth is imminent, the individual midwife must use judgment taking into account the health and condition of the mother and baby in determining whether to proceed with a home birth or arrange transportation to a hospital.

C. If the risks factors or criteria have been identified that may indicate health risks associated with birth of a child outside of a hospital or birthing center, the midwife shall provide evidence-based information on such risks. Such information shall be specified by the board in guidance documents and shall include evidence-based research and clinical expertise from both the medical and midwifery models of care.

D. The midwife shall document in the client record the assessment of all health risks that pose a potential for a high risk pregnancy and, if appropriate, the provision of disclosures and evidence-based information.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.9 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 30, Issue 6, eff. December 18, 2013.

18VAC85-130-90 Confidentiality

A practitioner shall not willfully or negligently breach the confidentiality between a practitioner and a client. A breach of confidentiality that is required or permitted by applicable law or beyond the control of the practitioner shall not be considered negligent or willful.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.9 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 10, eff. February 21, 2007.

18VAC85-130-100 Client records

A. Practitioners shall comply with provisions of § 32.1-127.1:03 of the Code of Virginia related to the confidentiality and disclosure of client records.

B. Practitioners shall provide client records to another practitioner or to the client or the client's personal representative in a timely manner in accordance with provisions of § 32.1-127.1:03 of the Code of Virginia.

C. Practitioners shall properly manage client records and shall maintain timely, accurate, legible, and complete client records. Practitioners shall clearly document objective findings, decisions, and professional actions based on continuous assessment for ongoing midwifery care.

D. Practitioners shall document a client's decisions regarding choices for care, including informed consent or refusal of care. Practitioners shall clearly document when a client's decisions or choices are in conflict with the professional judgment and legal scope of practice of the licensed midwife.

E. Practitioners shall maintain a client record for a minimum of six years following the last client encounter with the following exceptions:

Records of a minor child shall be maintained until the child reaches 18 years of age or becomes emancipated, with a minimum time for record retention of six years from the last client encounter regardless of the age of the child;
Records that have previously been transferred to another practitioner or health care provider or provided to the client or the client's personal representative do not have to be kept for a minimum of six years following the last client encounter; or
Records that are required by contractual obligation or federal law may need to be maintained for a longer period of time.

F. Practitioners shall in some manner inform all clients concerning the timeframe for record retention and destruction. Client records shall only be destroyed in a manner that protects client confidentiality, such as by incineration or shredding.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.9 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 10, eff. February 21, 2007; amended, Virginia Register Volume 41, Issue 20, eff. July 3, 2025.

18VAC85-130-110 Practitioner-client communication; termination of relationship

A. Communication with clients.

Except as provided in § 32.1-127.1:03 F of the Code of Virginia, a practitioner shall accurately inform a client or the client's legally authorized representative of the client's assessment and prescribed plan of care in understandable terms. No practitioner shall deliberately make a false or misleading statement regarding the practitioner's skill or the efficacy or value of a treatment or procedure directed by the practitioner.
Before any invasive procedure is performed, informed consent shall be obtained from the client. Practitioners shall inform clients of the risks, benefits, and alternatives of the recommended procedure that a reasonably prudent licensed midwife practicing in Virginia would tell a client. In the instance of a minor or a client who is incapable of making an informed decision on the client's own behalf or is incapable of communicating such a decision due to a physical or mental disorder, the legally authorized person available to give consent shall be informed and the consent documented.

B. Termination of the practitioner-client relationship.

The practitioner or the client may terminate the relationship. In either case, the practitioner shall make a copy of the client record available, except in situations where denial of access is allowed by law.
No practitioner shall terminate the relationship or make services unavailable without documented notice to the client that allows for a reasonable time to obtain the services of another practitioner.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.9 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 10, eff. February 21, 2007; amended, Virginia Register Volume 41, Issue 20, eff. July 3, 2025.

18VAC85-130-120 Practitioner responsibility

A. A practitioner shall:

Transfer care immediately in critical situations that are deemed to be unsafe to a client or infant and remain with the client until the transfer is complete;
Work collaboratively with other health professionals and refer a client or an infant to appropriate health care professionals when either needs care outside the midwife's scope of practice or expertise; and
Base choices of interventions on empirical and/or research evidence that would indicate the probable benefits outweigh the risks.

B. A practitioner shall not:

Perform procedures or techniques that are outside the scope of the midwife's practice or for which the midwife is not trained and individually competent;
Knowingly allow apprentices or subordinates to jeopardize client safety or provide client care outside of the apprentice's or subordinate's scope of practice or area of responsibility. Practitioners shall delegate client care only to those who are properly trained and supervised; and
Exploit the practitioner/client relationship for personal gain.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.9 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 10, eff. February 21, 2007.

18VAC85-130-130 Advertising ethics

No licensee of the board shall advertise information that is false, misleading, or deceptive. For an advertisement for a single practitioner, it shall be presumed that the practitioner is responsible and accountable for the validity and truthfulness of the advertisement content. For an advertisement for a practice in which there is more than one practitioner, the name of the practitioner responsible and accountable for the content of the advertisement shall be documented and maintained by the practice for at least two years. Documentation, scientific and otherwise, supporting claims made in an advertisement shall be maintained and available for the board's review for at least two years.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.9 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 10, eff. February 21, 2007; amended, Virginia Register Volume 41, Issue 20, eff. July 3, 2025.

18VAC85-130-140 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 23, Issue 10, eff. February 21, 2007; repealed, Virginia Register Volume 41, Issue 20, eff. July 3, 2025.

18VAC85-130-150 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 23, Issue 10, eff. February 21, 2007; repealed, Virginia Register Volume 41, Issue 20, eff. July 3, 2025.

18VAC85-130-160 Sexual contact

A. For purposes of § 54.1-2915 A 12 and A 19 of the Code of Virginia and this section, sexual contact includes, but is not limited to, sexual behavior or verbal or physical behavior that:

May reasonably be interpreted as intended for the sexual arousal or gratification of the practitioner, the client, or both; or
May reasonably be interpreted as romantic involvement with a client regardless of whether such involvement occurs in the professional setting or outside of it.

B. Sexual contact with a client.

The determination of when a person is a client for purposes of § 54.1-2915 A 19 of the Code of Virginia is made on a case-by-case basis with consideration given to the nature, extent, and context of the professional relationship between the practitioner and the person. The fact that a person is not actively receiving treatment or professional services from a practitioner is not determinative of this issue. A person is presumed to remain a client until the client-practitioner relationship is terminated.
The consent to, initiation of, or participation in sexual behavior or involvement with a practitioner by a client does not change the nature of the conduct nor negate the statutory prohibition.

C. Sexual contact between a practitioner and a former client after termination of the practitioner-client relationship may still constitute unprofessional conduct if the sexual contact is a result of the exploitation of trust, knowledge, or influence of emotions derived from the professional relationship.

D. Sexual contact between a practitioner and a key third party shall constitute unprofessional conduct if the sexual contact is a result of the exploitation of trust, knowledge or influence derived from the professional relationship or if the contact has had or is likely to have an adverse effect on client care. For purposes of this section, key third party of a client shall mean: spouse or partner, parent or child, guardian, or legal representative of the client.

E. Sexual contact between a supervisor and a trainee or apprentice shall constitute unprofessional conduct if the sexual contact is a result of the exploitation of trust, knowledge or influence derived from the professional relationship or if the contact has had or is likely to have an adverse effect on client care.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.9 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 10, eff. February 21, 2007.

18VAC85-130-170 Refusal to provide information

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.9 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 10, eff. February 21, 2007.

Chapter 140 Regulations Governing the Practice of Polysomnographic Technologists

Part I General Provisions

18VAC85-140-10 Definitions

A. The following term when used in this chapter shall have the meaning ascribed to it in § 54.1-2900 of the Code of Virginia:

"Board"

B. The following words and terms when used in this chapter shall have the meanings ascribed to them in § 54.1-2957.15 of the Code of Virginia:

"Polysomnographic technology"

"Practice of polysomnographic technology"

C. The following term when used in this chapter shall have the following meaning, unless the context clearly indicates otherwise:

"Active practice" means a minimum of 160 hours of professional practice as a polysomnographic technologist within the 24-month period immediately preceding application for reinstatement or reactivation of licensure. The active practice of polysomnographic technology may include supervisory, administrative, educational, or consultative activities or responsibilities for the delivery of such services.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.15 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 7, eff. December 31, 2014; amended, Virginia Register Volume 41, Issue 7, eff. January 2, 2025.

18VAC85-140-20 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 31, Issue 7, eff. December 31, 2014; repealed, Virginia Register Volume 41, Issue 7, eff. January 2, 2025.

18VAC85-140-30 Current name and address

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 7, eff. December 31, 2014; amended, Virginia Register Volume 35, Issue 12, eff. March 22, 2019.

18VAC85-140-40 Fees

The following fees are required:

The application fee, payable at the time the application is filed, shall be $130.
The biennial fee for renewal of active licensure shall be $135 and for renewal of inactive licensure shall be $70, payable in each odd-numbered year in the license holder's birth month.
The additional fee for late renewal of licensure within one renewal cycle shall be $50.
The fee for reinstatement of a license that has lapsed for a period of two years or more shall be $180 and must be submitted with an application for licensure reinstatement.
The fee for reinstatement of a license pursuant to § 54.1-2408.2 of the Code of Virginia shall be $2,000.
The fee for a duplicate license shall be $5.00, and the fee for a duplicate wall certificate shall be $15.
The handling fee for a returned check or a dishonored credit card or debit card shall be $50.
The fee for a letter of good standing or verification to another jurisdiction shall be $10.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 7, eff. December 31, 2014; amended, Virginia Register Volume 32, Issue 9, eff. January 27, 2016; Volume 34, Issue 7, eff. December 27, 2017; Volume 36, Issue 1, eff. October 2, 2019; Volume 36, Issue 11, eff. March 5, 2020; Volume 41, Issue 7, eff. January 2, 2025.

Part II Requirements for Licensure as a Polysomnographic Technologist

18VAC85-140-45 Practice as a student or trainee

A student enrolled in an educational program in polysomnographic technology or a person engaged in a traineeship is not required to hold a license to practice polysomnographic technology, provided that such student or trainee is under the direct supervision of a licensed polysomnographic technologist or a licensed doctor of medicine or osteopathic medicine.

Any student or trainee shall be identified to patients as a student or trainee in polysomnographic technology.
A student or trainee is required to have a license to practice after 18 months from the start of the educational program or traineeship or six months from the conclusion of such program or traineeship, whichever is earlier.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.15 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 35, Issue 4, eff. November 14, 2018.

18VAC85-140-50 Initial licensure requirements

An applicant for initial licensure shall submit the following on forms provided by the board:

A completed application and a fee as prescribed in 18VAC85-140-40.
Verification of a professional credential in polysomnographic technology as required in 18VAC85-140-60.
Verification of practice as required on the application form.
If licensed or certified in any other jurisdiction, documentation of any disciplinary action taken or pending in that jurisdiction.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.15 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 7, eff. December 31, 2014; amended, Virginia Register Volume 42, Issue 6, eff. December 3, 2025.

18VAC85-140-51 Licensure by endorsement

An applicant for licensure by endorsement shall submit the following:

Evidence of a current, active license in a United States jurisdiction or Canada that is in good standing;
A completed application and fee;
Verification of a professional credential in polysomnographic technology as required in 18VAC85-140-60;
Documentation of current certification in Basic Life Support for Health Care Providers with a hands-on practice training evaluation segment; and
A current report from the National Practitioner Data Bank.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.15 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 6, eff. December 3, 2025.

18VAC85-140-60 Licensure requirements

A. An applicant for initial licensure to practice as a polysomnographic technologist shall provide documentation of one of the following:

Current certification as a Registered Polysomnographic Technologist (RPSGT) by the Board of Registered Polysomnographic Technologists;
Documentation of the Sleep Disorders Specialist credential from the National Board of Respiratory Care (NBRC-SDS); or
A professional certification or credential approved by the board from an organization or entity that meets the accreditation standards of the Institute for Credentialing Excellence.

B. An applicant for licensure shall provide documentation of current certification in Basic Life Support for Health Care Providers with a hands-on practice training evaluation segment.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 7, eff. December 31, 2014; amended, Virginia Register Volume 32, Issue 6, eff. January 15, 2016; Volume 42, Issue 6, eff. December 3, 2025.

Part III Renewal and Reinstatement

18VAC85-140-70 Renewal of license

A. Every licensed polysomnographic technologist who intends to maintain an active license shall biennially renew his license each odd-numbered year during his birth month and shall:

Submit the prescribed renewal fee;
Attest to having current certification in Basic Life Support for Health Care Providers with a hands-on practice training evaluation segment; and
Attest to having met the continuing education requirements of 18VAC85-140-100.

B. The license of a polysomnographic technologist is lapsed if the license has not been renewed by the first day of the month following the month in which renewal is required. Practice with a lapsed license may be grounds for disciplinary action. A license that is lapsed for two years or less may be renewed by payment of the renewal fee and a late fee as prescribed in 18VAC85-140-40 and attestation of compliance with continuing education requirements and current Basic Life Support for Health Care Providers with a hands-on practice training evaluation segment certification.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 7, eff. December 31, 2014; amended, Virginia Register Volume 32, Issue 6, eff. January 15, 2016.

18VAC85-140-80 Inactive license

A licensed polysomnographic technologist who holds a current, unrestricted license in Virginia shall, upon a request at the time of renewal and submission of the required fee, be issued an inactive license. The holder of an inactive license shall not be entitled to perform any act requiring a license to practice polysomnographic technology in Virginia.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.15 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 7, eff. December 31, 2014.

18VAC85-140-90 Reactivation or reinstatement

A. To reactivate an inactive license or to reinstate a license that has been lapsed for more than two years, a polysomnographic technologist shall submit an attestation of current certification in Basic Life Support for Health Care Providers with a hands-on practice training evaluation segment and evidence of competency to return to active practice to include one of the following:

Information on continued active practice in another jurisdiction during the period in which the license has been inactive or lapsed;
Attestation of at least 10 hours of continuing education for each year in which the license has been inactive or lapsed, not to exceed three years; or
Recertification by passage of an examination for the Registered Polysomnographic Technologist (RPSGT), the Sleep Disorders Specialist credential from the National Board of Respiratory Care (NBRC-SDS), or other credential approved by the board for initial licensure.

B. To reactivate an inactive license, a polysomnographic technologist shall pay a fee equal to the difference between the current renewal fee for inactive licensure and the renewal fee for active licensure.

C. To reinstate a license that has been lapsed for more than two years, a polysomnographic technologist shall file an application for reinstatement and pay the fee for reinstatement of his licensure as prescribed in 18VAC85-140-40. The board may specify additional requirements for reinstatement of a license so lapsed to include education, experience, or reexamination.

D. A polysomnographic technologist whose licensure has been revoked by the board and who wishes to be reinstated shall make a new application to the board, fulfill additional requirements as specified in the order from the board, and make payment of the fee for reinstatement of his licensure as prescribed in 18VAC85-140-40 pursuant to § 54.1-2408.2 of the Code of Virginia.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 7, eff. December 31, 2014; amended, Virginia Register Volume 32, Issue 6, eff. January 15, 2016.

18VAC85-140-100 Continuing education requirements

A. In order to renew an active license as a polysomnographic technologist, a licensee shall attest to having successfully completed 20 hours of continuing education in courses directly related to the practice of polysomnographic technology as approved and documented by a provider recognized by one of the following:

The Board of Registered Polysomnographic Technologists Education Advisory Board (BRPT-EAC);
The American Academy of Sleep Medicine (AASM);
The American Medical Association for Category 1 continuing medical education credit;
The American Association of Sleep Technologists (AAST);
The American Society of Electroneurodiagnostic Technologists, Inc. (ASET);
The American Association for Respiratory Care (AARC);
The American Nurses Association (ANA); or
The American College of Chest Physicians (ACCP).

B. Up to two continuing education hours may be satisfied through delivery of polysomnographic technology services, without compensation, to low-income individuals receiving services through a local health department or a free clinic organized in whole or primarily for the delivery of health services. One hour of continuing education may be credited for three hours of providing such volunteer services. For the purpose of continuing education credit for voluntary service, the hours shall be approved and documented by the health department or free clinic.

C. A practitioner shall be exempt from the continuing education requirements for the first biennial renewal following the date of initial licensure in Virginia.

D. The practitioner shall retain the completed form with all supporting documentation in his records for a period of four years following the renewal of an active license.

E. The board shall periodically conduct a random audit of its active licensees to determine compliance. The practitioners selected for the audit shall provide all supporting documentation within 30 days of receiving notification of the audit.

F. Failure to comply with these requirements may subject the licensee to disciplinary action by the board.

G. The board may grant an extension of the deadline for continuing competency requirements, for up to one year, for good cause shown upon a written request from the licensee prior to the renewal date.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 7, eff. December 31, 2014; amended, Virginia Register Volume 33, Issue 11, eff. March 9, 2017.

Part IV Scope of Practice

18VAC85-140-110 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 31, Issue 7, eff. December 31, 2014; repealed, Virginia Register Volume 41, Issue 7, eff. January 2, 2025.

18VAC85-140-120 Supervisory responsibilities

A. A polysomnographic technologist shall be responsible for supervision of unlicensed polysomnographic personnel who work under his direction and shall be ultimately responsible and accountable for patient care and outcomes under his clinical supervision.

B. Delegation to unlicensed polysomnographic personnel shall:

Not include delegation of the discretionary aspects of the initial assessment, evaluation, or development of a treatment plan for a patient nor shall it include any task requiring a clinical decision or the knowledge, skills, and judgment of a licensed polysomnographic technologist.
Only be made if, in the judgment of the polysomnographic technologist, the task or procedures do not require the exercise of professional judgment, can be properly and safely performed by appropriately trained unlicensed personnel, and the delegation does not jeopardize the health or safety of the patient.
Be communicated on a patient-specific basis with clear, specific instructions for performance of activities, potential complications, and expected results.

C. The frequency, methods, and content of supervision are dependent on the complexity of patient needs, number and diversity of patients, demonstrated competency and experience of the unlicensed personnel, and the type and requirements of the practice setting.

D. The polysomnographic technologist providing clinical supervision shall routinely meet with any unlicensed personnel to review and evaluate patient care and treatment.

E. The polysomnographic technologist shall review notes on patient care entered by unlicensed personnel prior to reporting study results to the supervising physician and shall, by some method, document in a patient record that such a review has occurred.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.15 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 7, eff. December 31, 2014.

Part V Standards of Professional Conduct

18VAC85-140-130 Confidentiality

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.15 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 7, eff. December 31, 2014.

18VAC85-140-140 Patient records

A. A practitioner shall comply with the provisions of § 32.1-127.1:03 of the Code of Virginia related to the confidentiality and disclosure of patient records.

B. A practitioner shall provide patient records to another practitioner or to the patient or the patient's personal representative in a timely manner in accordance with provisions of § 32.1-127.1:03 of the Code of Virginia.

C. A practitioner shall properly manage and keep timely, accurate, legible, and complete patient records.

D. A practitioner who is employed by a health care institution or other entity in which the individual practitioner does not own or maintain his own records shall maintain patient records in accordance with the policies and procedures of the employing entity.

E. A practitioner who is self-employed or employed by an entity in which the individual practitioner owns and is responsible for patient records shall:

Maintain a patient record for a minimum of six years following the last patient encounter with the following exceptions:

a. Records of a minor child, including immunizations, shall be maintained until the child reaches 18 years of age or becomes emancipated, with a minimum time for record retention of six years from the last patient encounter regardless of the age of the child;

b. Records that have previously been transferred to another practitioner or health care provider or provided to the patient or the patient's personal representative; or

c. Records that are required by contractual obligation or federal law may need to be maintained for a longer period of time.

Post information or in some manner inform all patients concerning the time frame for record retention and destruction. Patient records shall only be destroyed in a manner that protects patient confidentiality, such as by incineration or shredding.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.15 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 7, eff. December 31, 2014; amended, Virginia Register Volume 41, Issue 7, eff. January 2, 2025.

18VAC85-140-150 Practitioner-patient communication

Except as provided in § 32.1-127.1:03 F of the Code of Virginia, a practitioner shall accurately present information to a patient or a patient's legally authorized representative in understandable terms and encourage participation in decisions regarding the patient's care.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.15 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 7, eff. December 31, 2014; amended, Virginia Register Volume 41, Issue 7, eff. January 2, 2025.

18VAC85-140-160 Practitioner responsibility

A. A practitioner shall not:

Perform procedures or techniques that are outside the scope of his practice or for which he is not trained and individually competent;
Knowingly allow subordinates to jeopardize patient safety or provide patient care outside of the subordinate's scope of practice or area of responsibility. Practitioners shall delegate patient care only to subordinates who are properly trained and supervised;
Engage in an egregious pattern of disruptive behavior or interaction in a health care setting that interferes with patient care or could reasonably be expected to adversely impact the quality of care rendered to a patient; or
Exploit the practitioner-patient relationship for personal gain.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.15 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 7, eff. December 31, 2014.

18VAC85-140-170 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 31, Issue 7, eff. December 31, 2014; repealed, Virginia Register Volume 41, Issue 7, eff. January 2, 2025.

18VAC85-140-180 Sexual contact

A. For purposes of § 54.1-2915 A 12 and A 19 of the Code of Virginia and this section, "sexual contact" includes but is not limited to sexual behavior or verbal or physical behavior that:

May reasonably be interpreted as intended for the sexual arousal or gratification of the practitioner, the patient, or both; or
May reasonably be interpreted as romantic involvement with a patient regardless of whether such involvement occurs within the professional setting or outside of it.

B. Sexual contact with a patient.

The determination of when a person is a patient for purposes of § 54.1-2915 A 19 of the Code of Virginia is made on a case-by-case basis with consideration given to the nature, extent, and context of the professional relationship between the practitioner and the person. The fact that a person is not actively receiving treatment or professional services from a practitioner is not determinative of this issue. A person is presumed to remain a patient until the practitioner-patient relationship is terminated.
The consent to, initiation of, or participation in sexual behavior or involvement with a practitioner by a patient neither changes the nature of the conduct nor negates the statutory prohibition.

D. Sexual contact between a practitioner and a key third party shall constitute unprofessional conduct if the sexual contact is a result of the exploitation of trust, knowledge, or influence derived from the professional relationship or if the contact has had or is likely to have an adverse effect on patient care. For purposes of this section, "key third party of a patient" means spouse or partner, parent or child, guardian, or legal representative of the patient.

E. Sexual contact between a supervisor and a trainee shall constitute unprofessional conduct if the sexual contact is a result of the exploitation of trust, knowledge, or influence derived from the professional relationship or if the contact has had or is likely to have an adverse effect on patient care.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.15 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 7, eff. December 31, 2014.

18VAC85-140-190 Refusal to provide information

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.15 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 7, eff. December 31, 2014.

Chapter 150 Regulations Governing the Practice of Behavior Analysis

Part I General Provisions

18VAC85-150-10 Definitions

A. The following words and terms when used in this chapter shall have the meanings ascribed to them in § 54.1-2900 of the Code of Virginia:

Board

Practice of behavior analysis

B. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"BACB" means the Behavior Analyst Certification Board, Inc.

"BCBA®" means a Board Certified Behavior Analyst®.

"BCaBA®" means a Board Certified Assistant Behavior Analyst®.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.16 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 30, Issue 16, eff. May 7, 2014.

18VAC85-150-20 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 30, Issue 16, eff. May 7, 2014; repealed, Virginia Register Volume 41, Issue 20, eff. July 3, 2025.

18VAC85-150-30 Current name and address

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 30, Issue 16, eff. May 7, 2014; amended, Virginia Register Volume 35, Issue 12, eff. March 22, 2019.

18VAC85-150-40 Fees

A. The following fees have been established by the board:

The initial fee for the behavior analyst license shall be $130; for the assistant behavior analyst license, it shall be $70.
The fee for reinstatement of the behavior analyst license that has been lapsed for two years or more shall be $180; for the assistant behavior analyst license, it shall be $90.
The fee for active license renewal for a behavior analyst shall be $135; for an assistant behavior analyst, it shall be $70. The fees for inactive license renewal shall be $70 for a behavior analyst and $35 for an assistant behavior analyst. Renewals shall be due in the birth month of the licensee in each odd-numbered year. For 2021, the renewal of an active license as a behavior analyst shall be $108, and the renewal fee for an inactive license shall be $54; the renewal fee for an active license as an assistant behavior analyst shall be $54, and the renewal fee for an inactive license shall be $28.
The additional fee for processing a late renewal application within one renewal cycle shall be $50 for a behavior analyst and $30 for an assistant behavior analyst.
The fee for a letter of good standing or verification to another jurisdiction for a license shall be $10.
The fee for reinstatement of licensure pursuant to § 54.1-2408.2 of the Code of Virginia shall be $2,000.
The handling fee for a returned check or a dishonored credit card or debit card shall be $50.
The fee for a duplicate license shall be $5.00, and the fee for a duplicate wall certificate shall be $15.

B. Unless otherwise provided, fees established by the board shall not be refundable.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 30, Issue 16, eff. May 7, 2014; amended, Virginia Register Volume 32, Issue 9, eff. January 27, 2016; Volume 34, Issue 7, eff. December 27, 2017; Volume 36, Issue 1, eff. October 2, 2019; Volume 36, Issue 11, eff. March 5, 2020.

Part II Requirements for Licensure as a Behavior Analyst or an Assistant Behavior Analyst

18VAC85-150-50 Initial licensure requirements

An applicant for initial licensure shall submit the following on forms provided by the board:

A completed application and a fee as prescribed in 18VAC85-150-40.
Verification of certification as required in 18VAC85-150-60.
Verification of practice as required on the application form.
If licensed or certified in any other jurisdiction, verification that there has been no disciplinary action taken or pending in that jurisdiction.
Verification from the BACB on disciplinary action taken or pending by that body.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.16 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 30, Issue 16, eff. May 7, 2014; amended, Virginia Register Volume 42, Issue 6, eff. December 3, 2025.

18VAC85-150-51 Licensure by endorsement

An applicant for licensure by endorsement shall submit the following:

Evidence of a current, active license in a United States jurisdiction or Canada that is in good standing;
A completed application and fee;
Verification of certification as required in 18VAC85-150-60; and
A current report from the National Practitioner Data Bank.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.16 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 6, eff. December 3, 2025.

18VAC85-150-60 Licensure requirement

An applicant for licensure to practice as a behavior analyst or an assistant behavior analyst shall hold current certification as a BCBA^® or a BCaBA^® obtained by meeting qualifications and passage of the examination required for certification as a BCBA^® or a BCaBA^® by the BACB.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.16 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 30, Issue 16, eff. May 7, 2014; amended, Virginia Register Volume 42, Issue 6, eff. December 3, 2025.

Part III Renewal and Reinstatement

18VAC85-150-70 Renewal of licensure

A. Every behavior analyst or assistant behavior analyst who intends to maintain an active license shall biennially renew his license each odd-numbered year during his birth month and shall:

Submit the prescribed renewal fee; and
Attest to having met the continuing education requirements of 18VAC85-150-100.

B. The license of a behavior analyst or assistant behavior analyst that has not been renewed by the first day of the month following the month in which renewal is required is lapsed. Practice with a lapsed license may be grounds for disciplinary action. A license that is lapsed for two years or less may be renewed by payment of the renewal fee, a late fee as prescribed in 18VAC85-150-40, and documentation of compliance with continuing education requirements.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.16 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 30, Issue 16, eff. May 7, 2014.

18VAC85-150-80 Inactive licensure

A behavior analyst or assistant behavior analyst who holds a current, unrestricted license in Virginia shall, upon a request on the renewal application and submission of the required fee, be issued an inactive license. The holder of an inactive license shall not be entitled to perform any act requiring a license to practice as a behavior analyst or assistant behavior analyst in Virginia.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.16 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 30, Issue 16, eff. May 7, 2014.

18VAC85-150-90 Reactivation or reinstatement

A. To reactivate an inactive license or to reinstate a license that has been lapsed for more than two years, a behavior analyst or assistant behavior analyst shall submit evidence of competency to return to active practice to include one of the following:

Information on continued practice in another jurisdiction as a licensed behavior analyst or a licensed assistant behavior analyst or with certification as a BCBA^® or BCaBA^® during the period in which the license has been inactive or lapsed;
Sixteen hours of continuing education for each year in which the license as a behavior analyst or 10 hours for each year in which the license as an assistant behavior analyst has been inactive or lapsed, not to exceed three years; or
Recertification by passage of the BCBA^® or the BCaBA^® certification examination from the BACB.

B. To reactivate an inactive license, a behavior analyst or assistant behavior analyst shall pay a fee equal to the difference between the current renewal fee for inactive licensure and the renewal fee for active licensure.

C. To reinstate a license that has been lapsed for more than two years, a behavior analyst or assistant behavior analyst shall file an application for reinstatement and pay the fee for reinstatement of his license as prescribed in 18VAC85-150-40. The board may specify additional requirements for reinstatement of a license so lapsed to include education, experience, or reexamination.

D. A behavior analyst or assistant behavior analyst whose licensure has been revoked by the board and who wishes to be reinstated shall make a new application to the board, fulfill additional requirements as specified in the order from the board, and make payment of the fee for reinstatement of his licensure as prescribed in 18VAC85-150-40 pursuant to § 54.1-2408.2 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.16 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 30, Issue 16, eff. May 7, 2014; amended, Virginia Register Volume 33, Issue 12, eff. March 8, 2017.

18VAC85-150-100 Continuing education requirements

A. In order to renew an active license, a behavior analyst shall attest to having completed 32 hours of continuing education and an assistant behavior analyst shall attest to having completed 20 hours of continuing education as approved and documented by a sponsor recognized by the BACB within the last biennium. Four of the required hours shall be related to ethics in the practice of behavior analysis. Up to two continuing education hours may be satisfied through delivery of behavioral analysis services, without compensation, to low-income individuals receiving services through a local health department or a free clinic organized in whole or primarily for the delivery of health services. One hour of continuing education may be credited for three hours of providing such volunteer services. For the purpose of continuing education credit for voluntary service, the hours shall be approved and documented by the health department or free clinic.

B. A practitioner shall be exempt from the continuing education requirements for the first biennial renewal following the date of initial licensure in Virginia.

C. The practitioner shall retain in his records the completed form with all supporting documentation for a period of four years following the renewal of an active license.

E. Failure to comply with these requirements may subject the licensee to disciplinary action by the board.

F. The board may grant an extension of the deadline for continuing education requirements, for up to one year, for good cause shown upon a written request from the licensee prior to the renewal date.

G. The board may grant an exemption from all or part of the requirements for circumstances beyond the control of the licensee, such as temporary disability, mandatory military service, or officially declared disasters.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.16 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 30, Issue 16, eff. May 7, 2014; amended, Virginia Register Volume 33, Issue 12, eff. March 8, 2017.

Part IV Scope of Practice

18VAC85-150-110 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 30, Issue 16, eff. May 7, 2014; repealed, Virginia Register Volume 41, Issue 20, eff. July 3, 2025.

18VAC85-150-120 Supervisory responsibilities

A. The licensed behavior analyst is ultimately responsible and accountable for client care and outcomes under his clinical supervision.

B. There shall be a written supervisory agreement between the licensed behavior analyst and the licensed assistant behavior analyst that shall address:

The domains of competency within which services may be provided by the licensed assistant behavior analyst; and
The nature and frequency of the supervision of the practice of the licensed assistant behavior analyst by the licensed behavior analyst.

A copy of the written supervisory agreement shall be maintained by the licensed behavior analyst and the licensed assistant behavior analyst and made available to the board upon request.

C. Delegation shall only be made if, in the judgment of the licensed behavior analyst, the task or procedures can be properly and safely performed by an appropriately trained assistant behavior analyst or other person, and the delegation does not jeopardize the health or safety of the client.

D. Supervision activities by the licensed behavior analyst include:

Direct, real-time observation of the supervisee implementing behavior analytic assessment and intervention procedures with clients in natural environments and/or training others to implement them, with feedback from the supervisor.
One-to-one, real-time interactions between supervisor and supervisee to review and discuss assessment and treatment plans and procedures, client assessment and progress data and reports, published research, ethical and professional standards and guidelines, professional development needs and opportunities, and relevant laws, regulations, and policies.
Real-time interactions between a supervisor and a group of supervisees to review and discuss assessment and treatment plans and procedures, client assessment and progress data and reports, published research, ethical and professional standards and guidelines, professional development needs and opportunities, and relevant laws, regulations, and policies.
Informal interactions between supervisors and supervisees via telephone, electronic mail, and other written communication are encouraged but may not be considered formal supervision.

For the purposes of this subsection, "real-time" shall mean live and person-to-person.

E. The frequency and nature of supervision interactions are determined by the individualized assessment or treatment plans of the clients served by the licensed behavior analyst and the assistant behavior analyst but shall occur not less than once every four weeks with each supervision session lasting no less than one hour.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.16 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 30, Issue 16, eff. May 7, 2014.

18VAC85-150-130 Supervision of unlicensed personnel

A. Unlicensed personnel may be supervised by a licensed behavior analyst or a licensed assistant behavior analyst.

B. Unlicensed personnel may be utilized to perform:

Nonclient-related tasks, including but not limited to clerical and maintenance activities and the preparation of the work area and equipment; and
Certain routine client-related tasks that, in the opinion of and under the supervision of a licensed behavior analyst or a licensed assistant behavior analyst, have no potential to adversely impact the client or the client's treatment plan and do not constitute the practice of behavior analysis.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.16 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 30, Issue 16, eff. May 7, 2014.

Part V Standards of Professional Conduct

18VAC85-150-140 Confidentiality

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.16 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 30, Issue 16, eff. May 7, 2014.

18VAC85-150-150 Client records

A. Practitioners shall comply with the provisions of § 32.1-127.1:03 of the Code of Virginia related to the confidentiality and disclosure of client records.

C. Practitioners shall properly manage and keep timely, accurate, legible, and complete client records.

D. Practitioners who are employed by a health care institution, educational institution, school system, or other entity in which the individual practitioner does not own or maintain the practitioner's own records shall maintain client records in accordance with the policies and procedures of the employing entity.

E. Practitioners who are self-employed or employed by an entity in which the individual practitioner owns and is responsible for client records shall:

Maintain a client record for a minimum of six years following the last client encounter with the following exceptions:

a. Records of a minor child shall be maintained until the child reaches 18 years of age or becomes emancipated, with a minimum time for record retention of six years from the last client encounter regardless of the age of the child;

b. Records that have previously been transferred to another practitioner or health care provider or provided to the client or the client's legally authorized representative; or

c. Records that are required by contractual obligation or federal law may need to be maintained for a longer period of time.

Post information or in some manner inform all clients concerning the timeframe for record retention and destruction. Client records shall only be destroyed in a manner that protects client confidentiality, such as by incineration or shredding.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.16 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 30, Issue 16, eff. May 7, 2014; amended, Virginia Register Volume 41, Issue 20, eff. July 3, 2025.

18VAC85-150-160 Practitioner-client communication; termination of relationship

A. Communication with clients.

Except as provided in § 32.1-127.1:03 F of the Code of Virginia, a practitioner shall accurately present information to a client or his legally authorized representative in understandable terms and encourage participation in decisions regarding the client's care.
A practitioner shall not deliberately make a false or misleading statement regarding the practitioner's skill or the efficacy or value of a treatment or procedure provided or directed by the practitioner.
Before an initial assessment or intervention is performed, informed consent shall be obtained from the client or his legally authorized representative. Practitioners shall inform clients or their legally authorized representative of the risks, benefits, and alternatives of the recommended procedure that a reasonably prudent practitioner would tell a client.

a. Informed consent shall also be obtained if there is a significant change to a therapeutic procedure or intervention performed on a client that is not part of routine, general care and that is more restrictive on the continuum of care.

b. In the instance of a minor or a client who is incapable of making an informed decision on his own behalf or is incapable of communicating such a decision due to a physical or mental disorder, the legally authorized person available to give consent shall be informed and the consent documented.

c. An exception to the requirement for consent prior to performance of a procedure or intervention may be made in an emergency situation when a delay in obtaining consent would likely result in imminent harm to the client.

Practitioners shall adhere to requirements of § 32.1-162.18 of the Code of Virginia for obtaining informed consent from clients prior to involving them as subjects in human research with the exception of retrospective chart reviews.

B. Termination of the practitioner-client relationship.

The practitioner or the client may terminate the relationship. In either case, the practitioner shall make the client record available, except in situations where denial of access is allowed by law.
A practitioner shall not terminate the relationship or make his services unavailable without documented notice to the client that allows for a reasonable time to obtain the services of another practitioner.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.16 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 30, Issue 16, eff. May 7, 2014.

18VAC85-150-170 Practitioner responsibility

A. A practitioner shall not:

Perform procedures or techniques that are outside the scope of his practice or for which he is not trained and individually competent;
Knowingly allow a subordinate to jeopardize client safety or provide client care outside of the subordinate's scope of practice or area of responsibility. Practitioners shall delegate client care only to subordinates who are properly trained and supervised;
Engage in an egregious pattern of disruptive behavior or interaction in a health care setting that interferes with client care or could reasonably be expected to adversely impact the quality of care rendered to a client; or
Exploit the practitioner-client relationship for personal gain.

B. Advocating for client safety or improvement in client care within a health care entity shall not constitute disruptive behavior provided the practitioner does not engage in behavior prohibited in subdivision A 3 of this section.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.16 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 30, Issue 16, eff. May 7, 2014.

18VAC85-150-180 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 30, Issue 16, eff. May 7, 2014; repealed, Virginia Register Volume 41, Issue 20, eff. July 3, 2025.

18VAC85-150-190 Sexual contact

A. For purposes of § 54.1-2915 A 12 and A 19 of the Code of Virginia and this section, sexual contact includes, but is not limited to, sexual behavior or verbal or physical behavior that:

May reasonably be interpreted as intended for the sexual arousal or gratification of the practitioner, the client, or both; or
May reasonably be interpreted as romantic involvement with a client regardless of whether such involvement occurs in the professional setting or outside of it.

B. Sexual contact with a client.

The determination of when a person is a client for purposes of § 54.1-2915 A 19 of the Code of Virginia is made on a case-by-case basis with consideration given to the nature, extent, and context of the professional relationship between the practitioner and the person. The fact that a person is not actively receiving treatment or professional services from a practitioner is not determinative of this issue. A person is presumed to remain a client until the practitioner-client relationship is terminated.
The consent to, initiation of, or participation in sexual behavior or involvement with a practitioner by a client does not change the nature of the conduct nor negate the statutory prohibition.

D. Sexual contact between a practitioner and a key third party shall constitute unprofessional conduct if the sexual contact is a result of the exploitation of trust, knowledge, or influence derived from the professional relationship or if the contact has had or is likely to have an adverse effect on client care. For purposes of this section, key third party of a client means spouse or partner, parent or child, guardian, or legal representative of the client.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.16 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 30, Issue 16, eff. May 7, 2014.

18VAC85-150-200 Refusal to provide information

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.16 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 30, Issue 16, eff. May 7, 2014.

Chapter 160 Regulations Governing the Licensure of Surgical Assistants and Certification of Surgical Technologists

Part II Requirements for Licensure or Certification

18VAC85-160-52 Licensure and certification by endorsement

A. An applicant for licensure by endorsement as a surgical assistant shall submit the following:

Evidence of a current, active license in a United States jurisdiction or Canada that is in good standing;
A completed application and fee;
Verification of a professional credential as a surgical assistant or first surgical assistant issued by the National Board of Surgical Technology and Surgical Assisting or National Commission for Certification of Surgical Assistants or their successor; and
A current report from the National Practitioner Data Bank.

B. An applicant for certification as a surgical technologist by endorsement shall submit the following:

Evidence of a current, active license in a United States jurisdiction or Canada that is in good standing;
A completed application and fee;
Verification of a professional credential as a certified surgical technologist from an organization recognized by the board; and
A current report from the National Practitioner Data Bank.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 43, Issue 1, eff. September 23, 2026.

18VAC85-160-65 Renewal of certification for a surgical technologist

A surgical technologist who was required to demonstrate evidence of an active national credential recognized by the board as a condition of certification shall attest that the credential is current at the time of renewal. A surgical technologist who was certified (i) pursuant to 18VAC85-160-51 B 2, (ii) pursuant to § 54.1-2956.12 of the Code of Virginia, or (iii) based on practice prior to October 1, 2022, shall attest to completion of 30 hours of continuing education recognized by the Association of Surgical Technologists at the time of renewal.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 41, Issue 7, eff. December 18, 2024; amended, Virginia Register Volume 43, Issue 1, eff. September 23, 2026.

18VAC85-160-70 Reinstatement or reactivation of surgical assistant licensure

A. A licensed surgical assistant who holds a current, unrestricted license in Virginia shall, upon a request on the renewal application and submission of the required fee, be issued an inactive license. The holder of an inactive license shall not be required to maintain hours of active practice or meet the continued competency requirements of 18VAC85-160-60 and shall not be entitled to perform any act requiring a license to practice surgical assisting in Virginia.

B. An inactive licensee may reactivate his license upon submission of the following:

An application as required by the board;
A payment of the difference between the current renewal fee for inactive licensure and the renewal fee for active licensure; and
Documentation of completed continued competency hours as required by 18VAC85-160-60.

C. A surgical assistant who allows his license to lapse for a period of two years or more and chooses to resume his practice shall submit a reinstatement application to the board and information on any practice and licensure or certification in other jurisdictions during the period in which the license was lapsed and shall pay the fee for reinstatement of licensure as prescribed in 18VAC85-160-40.

D. The board reserves the right to deny a request for reactivation or reinstatement to any licensee who has been determined to have committed an act in violation of § 54.1-2915 of the Code of Virginia or any provisions of this chapter.

E. A surgical assistant whose license has been revoked by the board and who wishes to be reinstated shall make a new application to the board and payment of the fee for reinstatement of his license as prescribed in 18VAC85-160-40 pursuant to § 54.1-2408.2 of the Code of Virginia.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 41, Issue 7, eff. December 18, 2024.

18VAC85-160-75 Reinstatement or reactivation of surgical technologist certification

A. A certified surgical technologist who holds a current, unrestricted certificate in Virginia shall, upon a request on the renewal application and submission of the required fee, be issued an inactive certificate. The holder of an inactive certificate shall not be entitled to perform any act requiring a certification to practice surgical technology in Virginia.

B. An inactive certificate holder may reactivate a certificate upon submission of the following:

An application as required by the board;
A payment of the difference between the current renewal fee for inactive certification and the renewal fee for active certification; and
Documentation of completed continued competency hours as required by 18VAC85-160-65.

C. A surgical technologist who allows his certificate to lapse for a period of two years or more and chooses to resume practice shall submit a reinstatement application to the board and information on any practice and licensure or certification in other jurisdictions during the period in which the certificate was lapsed and shall pay the fee for reinstatement of certification as prescribed in 18VAC85-160-40.

D. The board reserves the right to deny a request for reactivation or reinstatement to any certificate holder who has been determined to have committed an act in violation of § 54.1-2915 of the Code of Virginia or any provisions of this chapter.

E. A surgical technologist whose certificate has been revoked by the board and who wishes to be reinstated shall make a new application to the board and payment of the fee for reinstatement of a certificate as prescribed in 18VAC85-160-40 pursuant to § 54.1-2408.2 of the Code of Virginia.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 41, Issue 7, eff. January 2, 2025.

Part III Standards of Conduct

18VAC85-160-80 Confidentiality

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 41, Issue 7, eff. December 18, 2024.

18VAC85-160-90 Patient records

A. Practitioners shall comply with the provisions of § 32.1-127.1:03 of the Code of Virginia related to the confidentiality and disclosure of patient records.

B. Practitioners shall provide patient records to another practitioner or to the patient or the patient's personal representative in a timely manner and in accordance with provisions of § 32.1-127.1:03 of the Code of Virginia.

C. Practitioners shall properly manage and keep timely, accurate, legible, and complete patient records.

D. Practitioners who are employed by a health care institution or other entity in which the individual practitioner does not own or maintain the practitioner's own records shall maintain patient records in accordance with the policies and procedures of the employing entity.

E. Practitioners who are self-employed or employed by an entity in which the individual practitioner does own and is responsible for patient records shall:

Maintain a patient record for a minimum of six years following the last patient encounter with the following exceptions:

a. Records of a minor child shall be maintained until the child reaches 18 years of age or becomes emancipated, with a minimum time for record retention of six years from the last patient encounter regardless of the age of the child;

b. Records that have previously been transferred to another practitioner or health care provider or provided to the patient or the patient's personal representative; or

c. Records that are required by contractual obligation or federal law may need to be maintained for a longer period of time.

Post information or in some manner inform all patients concerning the timeframe for record retention and destruction. Patient records shall only be destroyed in a manner that protects patient confidentiality, such as by incineration or shredding.

F. When a practitioner is closing, selling, or relocating his practice, the practitioner shall meet the requirements of § 54.1-2405 of the Code of Virginia for giving notice that copies of records can be sent to any like-regulated provider of the patient's choice or provided to the patient.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 41, Issue 7, eff. December 18, 2024.

18VAC85-160-100 Communication with patients; termination of relationship

A. Communication with patients.

Except as provided in § 32.1-127.1:03 F of the Code of Virginia, a practitioner shall accurately present information to a patient or the patient's legally authorized representative in understandable terms and encourage participation in decisions regarding the patient's care.
A practitioner shall not deliberately make a false or misleading statement regarding the practitioner's skill or the efficacy or value of a treatment or procedure provided or directed by the practitioner in the treatment of any disease or condition.
Practitioners shall adhere to requirements of § 32.1-162.18 of the Code of Virginia for obtaining informed consent from patients prior to involving them as subjects in human research with the exception of retrospective chart reviews.

B. Termination of the practitioner-patient relationship.

The practitioner or the patient may terminate the relationship. In either case, the practitioner shall make the patient record available, except in situations where denial of access is allowed by law.
A practitioner shall not terminate the relationship or make the practitioner's services unavailable without documented notice to the patient that allows for a reasonable time to obtain the services of another practitioner.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 41, Issue 7, eff. December 18, 2024.

18VAC85-160-110 Practitioner responsibility

A. A practitioner shall not:

Perform procedures or techniques that are outside the scope of his practice or for which the practitioner is not trained and individually competent;
Knowingly allow subordinates to jeopardize patient safety or provide patient care outside of the subordinate's scope of practice or the subordinate's area of responsibility. Practitioners shall delegate patient care only to subordinates who are properly trained and supervised;
Engage in an egregious pattern of disruptive behavior or interaction in a health care setting that interferes with patient care or could reasonably be expected to adversely impact the quality of care rendered to a patient; or
Exploit the practitioner-patient relationship for personal gain.

B. Advocating for patient safety or improvement in patient care within a health care entity shall not constitute disruptive behavior, provided the practitioner does not engage in behavior prohibited in subdivision A 3 of this section.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 41, Issue 7, eff. December 18, 2024.

18VAC85-160-120 Sexual contact

A. For purposes of § 54.1-2915 A 12 and A 19 of the Code of Virginia and this section, sexual contact includes sexual behavior or verbal or physical behavior that:

May reasonably be interpreted as intended for the sexual arousal or gratification of the practitioner, the patient, or both; or
May reasonably be interpreted as romantic involvement with a patient regardless of whether such involvement occurs in the professional setting or outside of it.

B. Sexual contact with a patient.

The determination of when a person is a patient for purposes of § 54.1-2915 A 19 of the Code of Virginia is made on a case-by-case basis with consideration given to the nature, extent, and context of the professional relationship between the practitioner and the person. The fact that a person is not actively receiving treatment or professional services from a practitioner is not determinative of this issue. A person is presumed to remain a patient until the practitioner-patient relationship is terminated.
The consent to, initiation of, or participation in sexual behavior or involvement with a practitioner by a patient does not change the nature of the conduct nor negate the statutory prohibition.

D. Sexual contact between a practitioner and a key third party shall constitute unprofessional conduct if the sexual contact is a result of the exploitation of trust, knowledge, or influence derived from the professional relationship or if the contact has had or is likely to have an adverse effect on patient care. For purposes of this section, key third party of a patient means spouse or partner, parent or child, guardian, or legal representative of the patient.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 41, Issue 7, eff. December 18, 2024.

18VAC85-160-130 Refusal to provide information

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 41, Issue 7, eff. December 18, 2024.

Chapter 170 Regulations Governing the Practice of Genetic Counselors

Part I General Provisions

18VAC85-170-10 Definitions

A. The following words and terms when used in this chapter shall have the meanings ascribed to them in § 54.1-2900 of the Code of Virginia:

"Board"

"Genetic counselor"

"Practice of genetic counseling"

B. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"ABGC" means the American Board of Genetic Counseling.

"ABMG" means the American Board of Medical Genetics.

"Active practice" means a minimum of 160 hours of professional practice as a genetic counselor within the 24-month period immediately preceding application for reinstatement or reactivation of licensure. The active practice of genetic counseling may include supervisory, administrative, educational, or consultative activities or responsibilities for the delivery of such services.

"NSGC" means the National Society of Genetic Counselors.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.19 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 19, eff. June 14, 2017; amended, Virginia Register Volume 41, Issue 20, eff. July 3, 2025.

18VAC85-170-20 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 33, Issue 19, eff. June 14, 2017; repealed, Virginia Register Volume 41, Issue 20, eff. July 3, 2025.

18VAC85-170-30 Current name and address

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 19, eff. June 14, 2017; amended, Virginia Register Volume 35, Issue 12, eff. March 22, 2019.

18VAC85-170-40 Fees

The following fees are required:

The application fee for licensure, payable at the time the application is filed, shall be $130.
The application fee for a temporary license, payable at the time the application is filed, shall be $50.
The biennial fee for renewal of active licensure shall be $135 and for renewal of inactive licensure shall be $70, payable in each odd-numbered year in the license holder's birth month. For 2021, the renewal fee for an active license shall be $108, and the renewal fee for an inactive license shall be $54.
The additional fee for late renewal of licensure within one renewal cycle shall be $50.
The fee for reinstatement of a license that has lapsed for a period of two years or more shall be $180 and shall be submitted with an application for licensure reinstatement.
The fee for reinstatement of a license pursuant to § 54.1-2408.2 of the Code of Virginia shall be $2,000.
The fee for a duplicate license shall be $5.00, and the fee for a duplicate wall certificate shall be $15.
The handling fee for a returned check or a dishonored credit card or debit card shall be $50.
The fee for a letter of good standing or letter of verification to another jurisdiction shall be $10.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 19, eff. June 14, 2017; amended, Virginia Register Volume 34, Issue 7, eff. December 27, 2017; Volume 36, Issue 1, eff. October 2, 2019; Volume 36, Issue 11, eff. March 5, 2020.

Part II Requirements for Licensure as a Genetic Counselor

18VAC85-170-50 Initial licensure requirements

An applicant for initial licensure shall submit the following on forms provided by the board:

A completed application and a fee as prescribed in 18VAC85-170-40.
Verification of a professional credential in genetic counseling as required in 18VAC85-170-60.
Verification of practice as required on the application form.
If licensed or certified in any other jurisdiction, documentation of any disciplinary action taken or pending in that jurisdiction.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.19 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 19, eff. June 14, 2017; amended, Virginia Register Volume 42, Issue 6, eff. December 3, 2025.

18VAC85-170-51 Licensure by endorsement

An applicant for licensure by endorsement shall submit the following:

Evidence of a current, active license in a United States jurisdiction or Canada that is in good standing;
A completed application and fee;
Evidence of a current, valid certificate issued by the ABGC or ABMG to practice genetic counseling; and
A current report from the National Practitioner Data Bank.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.18 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 6, eff. December 3, 2025.

18VAC85-170-60 Licensure requirements

A. An applicant for an initial license to practice as a genetic counselor shall provide documentation of (i) a master's degree from a genetic counseling training program that is accredited by the Accreditation Council of Genetic Counseling and (ii) a current, valid certificate issued by the ABGC or ABMG to practice genetic counseling.

B. An applicant for a temporary license shall provide documentation of having been granted the active candidate status by the ABGC. Such license shall expire 12 months from issuance or upon failure of the ABGC certification examination, whichever comes first.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.18 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 19, eff. June 14, 2017; amended, Virginia Register Volume 34, Issue 1, eff. October 4, 2017; Volume 35, Issue 9, eff. February 10, 2019; Volume 42, Issue 6, eff. December 3, 2025.

Part III Renewal and Reinstatement

18VAC85-170-70 Renewal of license

A. Every licensed genetic counselor who intends to maintain an active license shall biennially renew his license each odd-numbered year during his birth month and shall:

Submit the prescribed renewal fee; and
Attest to having met the continuing education requirements of 18VAC85-170-100.

B. The license of a genetic counselor that has not been renewed by the first day of the month following the month in which renewal is required is lapsed. Practice with a lapsed license may be grounds for disciplinary action. A license that is lapsed for two years or less may be renewed by payment of the renewal fee, a late fee as prescribed in 18VAC85-170-40, and attestation of compliance with continuing education requirements.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.19 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 19, eff. June 14, 2017.

18VAC85-170-80 Inactive license

A licensed genetic counselor who holds a current, unrestricted license in Virginia shall, upon a request at the time of renewal and submission of the required fee, be issued an inactive license. The holder of an inactive license shall not be entitled to perform any act requiring a license to practice genetic counseling in Virginia.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.19 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 19, eff. June 14, 2017.

18VAC85-170-90 Reactivation or reinstatement

A. To reactivate an inactive license or to reinstate a license that has been lapsed for more than two years, a genetic counselor shall submit evidence of competency to return to active practice to include one of the following:

Information on continued active practice in another jurisdiction during the period in which the license has been inactive or lapsed;
Attestation of meeting requirements for continuing education as specified in 18VAC85-170-100 for each biennium in which the license has been inactive or lapsed, not to exceed four years; or
Current certification by ABGC or ABMG.

B. To reactivate an inactive license, a genetic counselor shall pay a fee equal to the difference between the current renewal fee for inactive licensure and the renewal fee for active licensure.

C. To reinstate a license that has been lapsed for more than two years a genetic counselor shall file an application for reinstatement and pay the fee for reinstatement of his licensure as prescribed in 18VAC85-170-40. The board may specify additional requirements for reinstatement of a license so lapsed to include education, experience, or reexamination.

D. A genetic counselor whose licensure has been revoked by the board and who wishes to be reinstated shall make a new application to the board, fulfill additional requirements as specified in the order from the board, and make payment of the fee for reinstatement of his licensure as prescribed in 18VAC85-170-40 pursuant to § 54.1-2408.2 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.19 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 19, eff. June 14, 2017.

18VAC85-170-100 Continuing education requirements

A. In order to renew an active license biennially, a licensee shall complete the Continued Competency Activity and Assessment Form that is provided by the board indicating completion of at least 50 contact hours of continuing learning activities as follows:

A minimum of 30 of the 50 hours shall be in Category 1 activities approved by the ABGC, the ABMG, or the NSGC and may include in-service training, self-study courses, continuing education courses, or professional workshops.
No more than 20 of the 50 hours may be Category 2 activities or professional activity credits, which may include consultation with another counselor or a physician, independent reading or research, authorship, clinical supervision, volunteer leadership in the profession, preparation for a presentation, or other such experiences that promote continued learning.

B. A licensee shall be exempt from the continuing education requirements for the first biennial renewal following the date of initial licensure in Virginia.

C. The licensee shall retain records of the completed form with all supporting documentation for a period of four years following the renewal of an active license.

D. Failure to comply with these requirements may subject the licensee to disciplinary action by the board.

E. The board may grant an extension of the deadline for continuing competency requirements for up to one year for good cause shown upon a written request from the licensee prior to the renewal date.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.19 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 19, eff. June 14, 2017; amended, Virginia Register Volume 41, Issue 20, eff. July 3, 2025.

Part IV Scope of Practice

18VAC85-170-110 General responsibility

The practice of genetic counseling may include supervisory, administrative, educational, or consultative activities or responsibilities for the delivery of such services.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.19 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 19, eff. June 14, 2017; amended, Virginia Register Volume 41, Issue 20, eff. July 3, 2025.

18VAC85-170-120 Supervisory responsibilities

A. A genetic counselor shall be responsible for supervision of unlicensed personnel who work under his direction and ultimately responsible and accountable for patient care and outcomes under his clinical supervision.

B. Delegation to unlicensed personnel shall:

Not include delegation of the discretionary aspects of the initial assessment, evaluation, or development of recommendations for a patient, or any task requiring a clinical decision or the knowledge, skills, and judgment of a licensed genetic counselor;
Only be made if, in the judgment of the genetic counselor, the task or procedures do not require the exercise of professional judgment and can be properly and safely performed by appropriately trained unlicensed personnel, and the delegation does not jeopardize the health or safety of the patient; and
Be communicated on a patient-specific basis with clear, specific instructions for performance of activities, potential complications, and expected results.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.19 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 19, eff. June 14, 2017.

18VAC85-170-125 Responsibilities of a temporary licensee

A. A person holding a temporary license as a genetic counselor shall practice under the clinical supervision of a genetic counselor or a physician licensed in the Commonwealth.

B. Clinical supervision shall require that:

The supervisor and temporary licensee routinely meet to review and evaluate patient care and treatment; and
The supervisor reviews notes on patient care entered by the temporary licensee prior to reporting study results and making recommendations to a patient. Such review shall be documented by some method in a patient record.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.19 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 19, eff. June 14, 2017.

Part V Standards of Professional Conduct

18VAC85-170-130 Confidentiality

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.19 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 19, eff. June 14, 2017.

18VAC85-170-140 Patient records

A. Practitioners shall comply with the provisions of § 32.1-127.1:03 of the Code of Virginia related to the confidentiality and disclosure of patient records.

C. Practitioners shall properly manage and keep timely, accurate, legible, and complete patient records.

D. Practitioners who are employed by a health care institution or other entity in which the individual practitioner does not own or maintain the individual practitioner's own records shall maintain patient records in accordance with the policies and procedures of the employing entity.

E. Practitioners who are self-employed or employed by an entity in which the individual practitioner owns and is responsible for patient records shall:

Maintain a patient record for a minimum of six years following the last patient encounter with the following exceptions:

b. Records that have previously been transferred to another practitioner or health care provider or provided to the patient or the patient's personal representative; or

c. Records that are required by contractual obligation or federal law may need to be maintained for a longer period of time.

Post information or in some manner inform all patients concerning the timeframe for record retention and destruction. Patient records shall only be destroyed in a manner that protects patient confidentiality, such as by incineration or shredding.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.19 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 19, eff. June 14, 2017; amended, Virginia Register Volume 41, Issue 20, eff. July 3, 2025.

18VAC85-170-150 Practitioner-patient communication; termination of relationship

A. Communication with patients.

Except as provided in § 32.1-127.1:03 F of the Code of Virginia, a practitioner shall accurately present information to a patient or the patient's legally authorized representative in understandable terms and encourage participation in decisions regarding the patient's care.
No practitioner shall deliberately withhold pertinent findings or information or make a false or misleading statement regarding the practitioner's skill or the efficacy or value of a medication, treatment, or procedure provided or directed by the practitioner in the treatment of any disease or condition.
When a genetic or diagnostic test is recommended, documented informed consent shall be obtained from the patient in accordance with the policies of the health care entity and consistent with the standard of care.
Practitioners shall adhere to requirements of § 32.1-162.18 of the Code of Virginia for obtaining informed consent from patients prior to involving those patients as subjects in human research, with the exception of retrospective chart reviews.

B. Termination of the practitioner-patient relationship.

The practitioner or the patient may terminate the relationship. In either case, the practitioner shall make the patient record available, except in situations where denial of access is allowed by law.
No practitioner shall terminate the relationship or make the practitioner's services unavailable without documented notice to the patient that allows for a reasonable time to obtain the services of another practitioner.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.18 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 19, eff. June 14, 2017; amended, Virginia Register Volume 37, Issue 25, eff. September 1, 2021; Volume 41, Issue 20, eff. July 3, 2025.

18VAC85-170-160 Practitioner responsibility

A. No practitioner shall:

Knowingly allow subordinates to jeopardize patient safety or provide patient care outside of the subordinate's scope of practice or area of responsibility. Practitioners shall delegate patient care only to subordinates who are properly trained and supervised;
Engage in an egregious pattern of disruptive behavior or interaction in a health care setting that interferes with patient care or could reasonably be expected to adversely impact the quality of care rendered to a patient; or
Exploit the practitioner-patient relationship for personal gain.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.19 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 19, eff. June 14, 2017; amended, Virginia Register Volume 41, Issue 20, eff. July 3, 2025.

18VAC85-170-170 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 33, Issue 19, eff. June 14, 2017; repealed, Virginia Register Volume 41, Issue 20, eff. July 3, 2025.

18VAC85-170-180 Sexual contact

A. For purposes of § 54.1-2915 A 12 and A 19 of the Code of Virginia and this section, sexual contact includes sexual behavior or verbal or physical behavior that:

May reasonably be interpreted as intended for the sexual arousal or gratification of the practitioner, the patient, or both; or
May reasonably be interpreted as romantic involvement with a patient regardless of whether such involvement occurs in the professional setting or outside of it.

B. Sexual contact with a patient.

The determination of when a person is a patient for purposes of § 54.1-2915 A 19 of the Code of Virginia is made on a case-by-case basis with consideration given to the nature, extent, and context of the professional relationship between the practitioner and the person. The fact that a person is not actively receiving treatment or professional services from a practitioner is not determinative of this issue. A person is presumed to remain a patient until the practitioner-patient relationship is terminated.
The consent to, initiation of, or participation in sexual behavior or involvement with a practitioner by a patient neither changes the nature of the conduct nor negates the statutory prohibition.

D. Sexual contact between a practitioner and a key third party shall constitute unprofessional conduct if the sexual contact is a result of the exploitation of trust, knowledge, or influence derived from the professional relationship or if the contact has had or is likely to have an adverse effect on patient care. For purposes of this section, key third party of a patient means spouse or partner, parent or child, guardian, or legal representative of the patient.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.19 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 19, eff. June 14, 2017.

18VAC85-170-190 Refusal to provide information

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.19 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 19, eff. June 14, 2017.

Agency 90 Board of Nursing

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

18VAC90-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Board of Nursing. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

18VAC90-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Board of Nursing, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

Part II Notification of Interested Persons

18VAC90-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

18VAC90-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 18VAC90-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

Part III Public Participation Procedures

18VAC90-11-50 Public comment

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008; amended, Virginia Register Volume 33, Issue 7, eff. January 12, 2017.

18VAC90-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

18VAC90-11-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

18VAC90-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

18VAC90-11-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

18VAC90-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

18VAC90-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

Chapter 19 Regulations Governing the Practice of Nursing

Part I General Provisions

18VAC90-19-10 Definitions

In addition to words and terms defined in §§ 54.1-3000 and 54.1-3030 of the Code of Virginia, the following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Active practice" means activities performed, whether or not for compensation, for which an active license to practice nursing is required.

"Board" means the Board of Nursing.

"CGFNS" means the Commission on Graduates of Foreign Nursing Schools.

"Contact hour" means 50 minutes of continuing education coursework or activity.

"Conversion therapy" means any practice or treatment as defined in § 54.1-2409.5 A of the Code of Virginia.

"National certifying organization" means an organization that has as one of its purposes the certification of a specialty in nursing based on an examination attesting to the knowledge of the nurse for practice in the specialty area.

"NCLEX" means the National Council Licensure Examination.

"NCSBN" means the National Council of State Boards of Nursing.

"Primary state of residence" means the state of a person's declared fixed, permanent, and principal home or domicile for legal purposes.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017; amended, Virginia Register Volume 38, Issue 10, eff. February 2, 2022.

18VAC90-19-20 Delegation of authority

The executive director shall be delegated the authority to issue licenses and certificates and execute all notices, orders, and official documents of the board unless the board directs otherwise.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017.

18VAC90-19-30 Fees

A. Fees required by the board are:

| 1. Application for licensure by examination - RN | $190 | | --- | --- | | 2. Application for licensure by endorsement - RN | $190 | | 3. Application for licensure by examination - LPN | $170 | | 4. Application for licensure by endorsement - LPN | $170 | | 5. Reapplication for licensure by examination | $50 | | 6. Biennial licensure renewal - RN | $140 | | 7. Biennial inactive licensure renewal - RN | $70 | | 8. Biennial licensure renewal - LPN | $120 | | 9. Biennial inactive licensure renewal - LPN | $60 | | 10. Late renewal - RN | $50 | | 11. Late renewal - RN inactive | $25 | | 12. Late renewal - LPN | $40 | | 13. Late renewal - LPN inactive | $20 | | 14. Reinstatement of lapsed license - RN | $225 | | 15. Reinstatement of lapsed license - LPN | $200 | | 16. Reinstatement of suspended or revoked license or registration | $300 | | 17. Duplicate license | $15 | | 18. Replacement wall certificate | $25 | | 19. Verification of license | $35 | | 20. Transcript of all or part of applicant or licensee records | $35 | | 21. Handling fee for returned check or dishonored credit card or debit card | $50 | | 22. Application for CNS registration | $130 | | 23. Biennial renewal of CNS registration | $80 | | 24. Reinstatement of lapsed CNS registration | $125 | | 25. Verification of CNS registration to another jurisdiction | $35 | | 26. Late renewal of CNS registration | $35 |

B. For renewal of licensure or registration from July 1, 2017, through June 30, 2019, the following fees shall be in effect:

| 1. Biennial licensure renewal - RN | $105 | | --- | --- | | 2. Biennial inactive licensure renewal - RN | $52 | | 3. Biennial licensure renewal - LPN | $90 | | 4. Biennial inactive licensure renewal - LPN | $45 | | 5. Biennial renewal of CNS registration | $60 |

History

Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017; Errata, 33:14 VA.R. 1865 March 6, 2017; Volume 33, Issue 16, eff. May 3, 2017; Volume 33, Issue 18, eff. May 31, 2017; Volume 36, Issue 10, eff. February 6, 2020; Volume 37, Issue 12, eff. March 3, 2021.

18VAC90-19-40 Duplicate license

A duplicate license for the current renewal period shall be issued by the board upon receipt of the required information and fee.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017.

18VAC90-19-50 Identification; accuracy of records

A. Any person regulated by this chapter who provides direct client care shall, while on duty, wear identification that is clearly visible and indicates the appropriate title for the license, registration, or student status under which he is practicing in that setting. Name identification on a badge for identification of health care practitioners shall follow the policy of the health care setting in which the nurse is employed. Any person practicing in hospital emergency departments, psychiatric and mental health units and programs, or in health care facilities units offering treatment for clients in custody of state or local law-enforcement agencies may use identification badges with first name and first letter only of last name and appropriate title.

B. A licensee who has changed his name shall submit as legal proof to the board a copy of the marriage certificate, a certificate of naturalization, or court order evidencing the change. A duplicate license shall be issued by the board upon receipt of such evidence and the required fee.

C. Each licensee shall maintain an address of record with the board. Any change in the address of record or in the public address, if different from the address of record, shall be submitted by a licensee electronically or in writing to the board within 30 days of such change. All notices required by law and by this chapter to be mailed by the board to any licensee shall be validly given when mailed to the latest address of record on file with the board.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017; amended, Virginia Register Volume 34, Issue 14, eff. April 4, 2018.

18VAC90-19-60 Data collection of nursing workforce information

A. With such funds as are appropriated for the purpose of data collection and consistent with the provisions of § 54.1-2506.1 of the Code of Virginia, the board shall collect workforce information biennially from a representative sample of registered nurses, licensed practical nurses, and certified nurse aides and shall make such information available to the public. Data collected shall be compiled, stored, and released in compliance with § 54.1-3012.1 of the Code of Virginia.

B. The information to be collected on nurses shall include (i) demographic data to include age, sex, and ethnicity; (ii) level of education; (iii) employment status; (iv) employment setting or settings such as in a hospital, physician's office, or nursing home; (v) geographic location of employment; (vi) type of nursing position or area of specialty; and (vii) number of hours worked per week in each setting. In addition, the board may determine other data to be collected as necessary.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017.

18VAC90-19-70 Supervision of licensed practical nurses

Licensed practical nursing shall be performed under the direction or supervision of a licensed medical practitioner, a registered nurse, or a licensed dentist.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017.

Part II Multistate Licensure Privilege

18VAC90-19-80 Issuance of a license with a multistate licensure privilege

A. To be issued a license with a multistate licensure privilege by the board or to change the primary state of residency, a nurse

shall comply with the regulations adopted by the Interstate Commission of Nurse Licensure Compact Administrators (https://www.ncsbn.org/enlcrules.htm) and provisions of Article 6.1 (§ 54.1-3040.1 et seq.) of Chapter 30 of Title 54.1 of the Code of Virginia in effect at the time of the application.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017; amended, Virginia Register Volume 34, Issue 16, eff. May 2, 2018.

18VAC90-19-90 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017; repealed, Virginia Register Volume 34, Issue 16, eff. May 2, 2018.

18VAC90-19-100 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017; repealed, Virginia Register Volume 34, Issue 16, eff. May 2, 2018.

Part III Licensure and Renewal; Reinstatement

18VAC90-19-110 Licensure by examination

A. The board shall authorize the administration of the NCLEX for registered nurse licensure and practical nurse licensure.

B. A candidate shall be eligible to take the NCLEX examination (i) upon receipt by the board of the completed application, the fee, and an official transcript or attestation of graduation from the nursing education program and (ii) when a determination has been made that no grounds exist upon which the board may deny licensure pursuant to § 54.1-3007 of the Code of Virginia.

C. To establish eligibility for licensure by examination, an applicant for the licensing examination shall:

File the required application, any necessary documentation and fee, including a criminal history background check as required by § 54.1-3005.1 of the Code of Virginia.
Arrange for the board to receive an official transcript from the nursing education program that shows either:

a. That the degree or diploma has been awarded and the date of graduation or conferral; or

b. That all requirements for awarding the degree or diploma have been met and that specifies the date of conferral.

File a new application and reapplication fee if:

a. The examination is not taken within 12 months of the date that the board determines the applicant to be eligible; or

b. Eligibility is not established within 12 months of the original filing date.

D. The minimum passing standard on the examination for registered nurse licensure and practical nurse licensure shall be determined by the board.

E. Any applicant suspected of giving or receiving unauthorized assistance during the examination may be noticed for a hearing pursuant to the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) to determine eligibility for licensure or reexamination.

F. Practice of nursing pending receipt of examination results.

A graduate who has filed a completed application for licensure in Virginia and has received an authorization letter issued by the board may practice nursing in Virginia from the date of the authorization letter. The period of practice shall not exceed 90 days between the date of successful completion of the nursing education program, as documented on the applicant's transcript, and the publication of the results of the candidate's first licensing examination.
Candidates who practice nursing as provided in subdivision 1 of this subsection shall use the designation "R.N. Applicant" or "L.P.N. Applicant" on a nametag or when signing official records.
The designations "R.N. Applicant" and "L.P.N. Applicant" shall not be used by applicants beyond the 90-day period of authorized practice or by applicants who have failed the examination.

G. Applicants who fail the examination.

An applicant who fails the licensing examination shall not be licensed or be authorized to practice nursing in Virginia.
An applicant for licensure by reexamination shall file the required board application and reapplication fee in order to establish eligibility for reexamination.
Applicants who have failed the examination for licensure in another United States jurisdiction but satisfy the qualifications for licensure in this jurisdiction may apply for licensure by examination in Virginia. Such applicants shall submit the required application and fee. Such applicants shall not, however, be permitted to practice nursing in Virginia until the requisite license has been issued.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017; amended, Virginia Register Volume 33, Issue 14, eff. April 20, 2017; Volume 35, Issue 10, eff. February 21, 2019.

18VAC90-19-120 Licensure by endorsement

A. A graduate of an approved nursing education program who has been licensed by examination in another United States jurisdiction and whose license is in good standing, or is eligible for reinstatement if lapsed, shall be eligible for licensure by endorsement in Virginia provided the applicant satisfies the same requirements for registered nurse or practical nurse licensure as those seeking initial licensure in Virginia.

Applicants who have graduated from approved nursing education programs that did not require a sufficient number of clinical hours as specified in 18VAC90-27-100 may qualify for licensure if they can provide evidence of at least 960 hours of clinical practice with an active, unencumbered license in another United States jurisdiction.
Applicants whose basic nursing education was received in another country shall meet the requirements of 18VAC90-19-130 for a CGFNS credentials review and examination of English proficiency. However, those requirements may be satisfied if the applicant can provide evidence from another United States jurisdiction of:

a. A CGFNS credentials evaluation for educational comparability; and

b. Passage of an English language proficiency examination approved by the CGFNS, unless the applicant met the CGFNS criteria for an exemption from the requirement.

A graduate of a nursing school in Canada where English was the primary language shall be eligible for licensure by endorsement provided the applicant has passed the Canadian Registered Nurses Examination and holds an unrestricted license in Canada.

B. An applicant for licensure by endorsement who has submitted a criminal history background check as required by § 54.1-3005.1 of the Code of Virginia and the required application and fee and has submitted the required form to the appropriate credentialing agency for verification of licensure may practice for 30 days upon receipt of an authorization letter from the board. If an applicant has not received a Virginia license within 30 days and wishes to continue practice, he shall seek an extension of authorization to practice by submitting a request and evidence that he has requested verification of licensure.

C. If the application is not completed within one year of the initial filing date, the applicant shall submit a new application and fee.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017; amended, Virginia Register Volume 34, Issue 6, eff. December 28, 2017.

18VAC90-19-130 Licensure of applicants from other countries

A. With the exception of applicants from Canada who are eligible to be licensed by endorsement, applicants whose basic nursing education was received in another country shall be scheduled to take the licensing examination provided they meet the statutory qualifications for licensure. Verification of qualification shall be based on documents submitted as required in subsection B or C of this section.

B. Such applicants for registered nurse licensure shall:

Submit evidence from the CGFNS that the secondary education and nursing education are comparable to those required for registered nurses in the Commonwealth;
Submit evidence of passage of an English language proficiency examination approved by the CGFNS, unless the applicant meets the CGFNS criteria for an exemption from the requirement; and
Submit the required application and fee for licensure by examination.

C. Such applicants for practical nurse licensure shall:

Submit evidence from the CGFNS that the secondary education and nursing education are comparable to those required for practical nurses in the Commonwealth;
Submit evidence of passage of an English language proficiency examination approved by the CGFNS, unless the applicant meets the CGFNS criteria for an exemption from the requirement; and
Submit the required application and fee for licensure by examination.

D. An applicant for licensure as a registered nurse who has met the requirements of subsections A and B of this section may practice for a period not to exceed 90 days from the date of approval of an application submitted to the board when he is working as a nonsupervisory staff nurse in a licensed nursing home or certified nursing facility.

Applicants who practice nursing as provided in this subsection shall use the designation "RN applicant" on nametags or when signing official records.
During the 90-day period, the applicant shall take and pass the licensing examination in order to remain eligible to practice nursing in Virginia.
Any person practicing nursing under this exemption who fails to pass the licensure examination within the 90-day period may not thereafter practice nursing until he passes the licensing examination.

E. In addition to CGFNS, the board may accept credentials from other recognized agencies that review credentials of foreign-educated nurses if such agencies have been approved by the board.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017; amended, Virginia Register Volume 37, Issue 1, eff. October 15, 2020.

18VAC90-19-140 Provisional licensure of applicants for licensure as registered nurses

A. Pursuant to § 54.1-3017.1 of the Code of Virginia, the board may issue a provisional license to an applicant for the purpose of meeting the 500 hours of supervised, direct, hands-on client care required of an approved registered nurse education program.

B. Such applicants for provisional licensure shall submit:

A completed application for licensure by examination and fee, including a criminal history background check as required by § 54.1-3005.1 of the Code of Virginia;
Documentation that the applicant has successfully completed a nursing education program; and
Documentation of passage of the NCLEX in accordance with 18VAC90-19-110.

C. Requirements for hours of supervised clinical experience in direct client care with a provisional license.

To qualify for licensure as a registered nurse, direct, hands-on hours of supervised clinical experience shall include the areas of adult medical/surgical nursing, geriatric nursing, maternal/infant (obstetrics, gynecology, neonatal) nursing, mental health/psychiatric nursing, nursing fundamentals, and pediatric nursing. Supervised clinical hours may be obtained in employment in the role of a registered nurse or without compensation for the purpose of meeting these requirements.
Hours of direct, hands-on clinical experience obtained as part of the applicant's nursing education program and noted on the official transcript shall be counted towards the minimum of 500 hours and in the applicable areas of clinical practice.
For applicants with a current, active license as an LPN, 150 hours of credit shall be counted towards the 500-hour requirement.
100 hours of credit may be applied towards the 500-hour requirement for applicants who have successfully completed a nursing education program that:

a. Requires students to pass competency-based assessments of nursing knowledge as well as a summative performance assessment of clinical competency that has been evaluated by the American Council on Education or any other board-approved organization; and

b. Has a passage rate for first-time test takers on the NCLEX that is not less than 80%, calculated on the cumulative results of the past four quarters of all graduates in each calendar year regardless of where the graduate is seeking licensure.

An applicant for licensure shall submit verification from a supervisor of the number of hours of direct client care and the areas in which clinical experiences in the role of a registered nurse were obtained.

D. Requirements for supervision of a provisional licensee.

The supervisor shall be on site and physically present in the unit where the provisional licensee is providing clinical care of clients.
In the supervision of provisional licensees in the clinical setting, the ratio shall not exceed two provisional licensees to one supervisor at any given time.
Licensed registered nurses providing supervision for a provisional licensee shall:

a. Notify the board of the intent to provide supervision for a provisional licensee on a form provided by the board;

b. Hold an active, unrestricted license or multistate licensure privilege and have at least two years of active clinical practice as a registered nurse prior to acting as a supervisor;

c. Be responsible and accountable for the assignment of clients and tasks based on their assessment and evaluation of the supervisee's clinical knowledge and skills;

d. Be required to monitor clinical performance and intervene if necessary for the safety and protection of the clients; and

e. Document on a form provided by the board the frequency and nature of the supervision of provisional licensees to verify completion of hours of clinical experience.

E. The provisional status of the licensee shall be disclosed to the client prior to treatment and shall be indicated on identification worn by the provisional licensee.

F. All provisional licenses shall expire six months from the date of issuance and may be renewed for an additional six months. Renewal of a provisional license beyond the limit of 12 months may be granted and shall be for good cause shown. A request for extension of a provisional license beyond 12 months shall be made at least 30 days prior to its expiration.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017.

18VAC90-19-150 Renewal of licenses

A. Licensees born in even-numbered years shall renew their licenses by the last day of the birth month in even-numbered years. Licensees born in odd-numbered years shall renew their licenses by the last day of the birth month in odd-numbered years.

B. A nurse shall be required to meet the requirements for continued competency set forth in 18VAC90-19-160 to renew an active license.

C. A notice for renewal of license shall be sent by the board to the last known address of the licensee. The licensee shall complete the renewal form and submit it with the required fee.

D. Failure to receive the renewal form shall not relieve the licensee of the responsibility for renewing the license by the expiration date.

E. The license shall automatically lapse if the licensee fails to renew by the expiration date.

F. Any person practicing nursing during the time a license has lapsed shall be considered an illegal practitioner and shall be subject to prosecution under the provisions of § 54.1-3008 of the Code of Virginia.

G. Upon renewal, all licensees shall declare their primary state of residence. If the declared state of residence is another compact state, the licensee is not eligible for renewal.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017.

18VAC90-19-160 Continued competency requirements for renewal of an active license

A. To renew an active nursing license, a licensee shall complete at least one of the following learning activities or courses:

Current specialty certification by a national certifying organization, as defined in 18VAC90-19-10;
Completion of a minimum of three credit hours of post-licensure academic education relevant to nursing practice, offered by a regionally accredited college or university;
A board-approved refresher course in nursing;
Completion of nursing-related, evidence-based practice project or research study;
Completion of publication as the author or co-author during a renewal cycle;
Teaching or developing a nursing-related course resulting in no less than three semester hours of college credit, a 15-week course, or specialty certification;
Teaching or developing nursing-related continuing education courses for up to 30 contact hours;
Fifteen contact hours of workshops, seminars, conferences, or courses relevant to the practice of nursing and 640 hours of active practice as a nurse; or
Thirty contact hours of workshops, seminars, conferences, or courses relevant to the practice of nursing.

B. To meet requirements of subdivision A 8 or A 9 of this section, workshops, seminars, conferences, or courses shall be offered by a provider recognized or approved by one of the following:

American Nurses Credentialing Center American Nurses Association;
National Council of State Boards of Nursing;
Area Health Education Centers (AHEC) in any state in which the AHEC is a member of the National AHEC Organization;
Any state nurses association;
National League for Nursing;
National Association for Practical Nurse Education and Service;
National Federation of Licensed Practical Nurses;
A licensed health care facility, agency, or hospital;
A health care provider association;
Regionally or nationally accredited colleges or universities;
A state or federal government agency;
The American Heart Association, the American Health and Safety Institute, or the American Red Cross for courses in advanced resuscitation; or
The Virginia Board of Nursing or any state board of nursing.

C. Dual licensed persons.

Those persons dually licensed by this board as a registered nurse and a licensed practical nurse shall only meet one of the continued competency requirements as set forth in subsection A of this section.
Registered nurses who also hold an active license as a nurse practitioner shall only meet the requirements of 18VAC90-30-105 and, for those with prescriptive authority, 18VAC90-40-55.

D. A licensee is exempt from the continued competency requirement for the first renewal following initial licensure by examination or endorsement.

E. The board may grant an extension for good cause of up to one year for the completion of continuing competency requirements upon written request from the licensee 60 days prior to the renewal date. Such extension shall not relieve the licensee of the continuing competency requirement.

F. The board may grant an exemption for all or part of the continuing competency requirements due to circumstances beyond the control of the licensee such as temporary disability, mandatory military service, or officially declared disasters.

G. Continued competency activities or courses required by board order in a disciplinary proceeding shall not be counted as meeting the requirements for licensure renewal.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017.

18VAC90-19-170 Documenting compliance with continued competency requirements

A. All licensees are required to maintain original documentation of completion for a period of two years following renewal and to provide such documentation within 30 days of a request from the board for proof of compliance.

B. Documentation of compliance shall be as follows:

Evidence of national certification shall include a copy of a certificate that includes name of licensee, name of certifying body, date of certification, and date of certification expiration. Certification shall be initially attained during the licensure period, have been in effect during the entire licensure period, or have been recertified during the licensure period.
Evidence of post-licensure academic education shall include a copy of transcript with the name of the licensee, name of educational institution, date of attendance, name of course with grade, and number of credit hours received.
Evidence of completion of a board-approved refresher course shall include written correspondence from the provider with the name of the licensee, name of the provider, and verification of successful completion of the course.
Evidence of completion of a nursing research study or project shall include an abstract or summary, the name of the licensee, role of the licensee as principal or coprincipal investigator, date of completion, statement of the problem, research or project objectives, methods used, and summary of findings.
Evidence of authoring or co-authoring a published nursing-related article, paper, book, or book chapter shall include a copy of the publication that includes the name of the licensee and publication date.
Evidence of teaching a course for college credit shall include documentation of the course offering, indicating instructor, course title, course syllabus, and the number of credit hours. Teaching a particular course may only be used once to satisfy the continued competency requirement unless the course offering and syllabus has changed.
Evidence of teaching a course for continuing education credit shall include a written attestation from the director of the program or authorizing entity including the date or dates of the course or courses and the number of contact hours awarded. If the total number of contact hours totals less than 30, the licensee shall obtain additional hours in continuing learning activities or courses.
Evidence of contact hours of continuing learning activities or courses shall include the name of the licensee, title of educational activity, name of the provider, number of contact hours, and date of activity.
Evidence of 640 hours of active practice in nursing shall include documentation satisfactory to the board of the name of the licensee, number of hours worked in calendar or fiscal year, name and address of employer, and signature of supervisor. If self-employed, hours worked may be validated through other methods such as tax records or other business records. If active practice is of a volunteer or gratuitous nature, hours worked may be validated by the recipient agency.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017.

18VAC90-19-180 Inactive licensure

A. A registered nurse or licensed practical nurse who holds a current, unrestricted license in Virginia may, upon a request on the renewal application and submission of the required fee, be issued an inactive license. The holder of an inactive license shall not be entitled to practice nursing in Virginia or practice on a multistate licensure privilege but may use the title "registered nurse" or "licensed practical nurse."

B. Reactivation of an inactive license.

A nurse whose license is inactive may reactivate within one renewal period by:

a. Payment of the difference between the inactive renewal and the active renewal fee; and

b. Providing attestation of completion of at least one of the learning activities or courses specified in 18VAC90-19-160 during the two years immediately preceding reactivation.

A nurse whose license has been inactive for more than one renewal period may reactivate by:

a. Submitting an application;

b. Paying the difference between the inactive renewal and the active renewal fee; and

c. Providing evidence of completion of at least one of the learning activities or courses specified in 18VAC90-19-160 during the two years immediately preceding application for reactivation.

The board may waive all or part of the continuing education requirement for a nurse who holds a current, unrestricted license in another state and who has engaged in active practice during the period the Virginia license was inactive.
The board may request additional evidence that the nurse is prepared to resume practice in a competent manner.
The board may deny a request for reactivation to any licensee who has been determined to have committed an act in violation of § 54.1-3007 of the Code of Virginia or any provision of this chapter.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017.

18VAC90-19-190 Reinstatement of lapsed licenses or license suspended or revoked

A. A nurse whose license has lapsed may be reinstated within one renewal period by:

Payment of the current renewal fee and the late renewal fee; and
Providing attestation of completion of at least one of the learning activities or courses specified in 18VAC90-19-160 during the two years immediately preceding reinstatement.

B. A nurse whose license has lapsed for more than one renewal period shall:

File a reinstatement application and pay the reinstatement fee;
Provide evidence of completing at least one of the learning activities or courses specified in 18VAC90-19-160 during the two years immediately preceding application for reinstatement; and
Submit a criminal history background check as required by § 54.1-3005.1 of the Code of Virginia.

C. The board may waive all or part of the continuing education requirement for a nurse who holds a current, unrestricted license in another state and who has engaged in active practice during the period the Virginia license was lapsed.

D. A nurse whose license has been suspended or revoked by the board may apply for reinstatement by filing a reinstatement application, fulfilling requirements for continuing competency as required in subsection B of this section, and paying the fee for reinstatement after suspension or revocation. A nurse whose license has been revoked may not apply for reinstatement sooner than three years from entry of the order of revocation.

E. The board may request additional evidence that the nurse is prepared to resume practice in a competent manner.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017.

18VAC90-19-200 Restricted volunteer license and registration for voluntary practice by out-of-state licensees

A. A registered or practical nurse may be issued a restricted volunteer license and may practice in accordance with provisions of § 54.1-3011.01 of the Code of Virginia.

B. Any licensed nurse who does not hold a license to practice in Virginia and who seeks registration to practice on a voluntary basis under the auspices of a publicly supported, all volunteer nonprofit organization that sponsors the provision of health care to populations of underserved people shall:

File a complete application for registration on a form provided by the board at least five business days prior to engaging in such practice. An incomplete application will not be considered;
Provide evidence of current, unrestricted licensure in a United States jurisdiction;
Provide the name of the nonprofit organization and the dates and location of the voluntary provision of services;
Pay a registration fee of $10; and
Provide an attestation from a representative of the nonprofit organization attesting to its compliance with provisions of subdivision 11 of § 54.1-3001 of the Code of Virginia.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017.

Part IV Disciplinary and Delegation Provisions

18VAC90-19-210 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017; amended, Virginia Register Volume 35, Issue 12, eff. March 22, 2019; Volume 37, Issue 12, eff. March 3, 2021; repealed, Virginia Register Volume 38, Issue 4, eff. November 10, 2021.

18VAC90-19-220 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017; amended, Virginia Register Volume 35, Issue 12, eff. March 22, 2019; repealed, Virginia Register Volume 38, Issue 4, eff. November 10, 2021.

Part V Delegation of Nursing Tasks and Procedures

18VAC90-19-230 Disciplinary provisions

The board has the authority to deny, revoke, or suspend a license or multistate licensure privilege issued, or to otherwise discipline a licensee or holder of a multistate licensure privilege upon proof that the licensee or holder of a multistate licensure privilege has violated any of the provisions of § 54.1-3007 of the Code of Virginia. For the purpose of establishing allegations to be included in the notice of hearing, the board has adopted the following definitions:

Fraud or deceit in procuring or maintaining a license means, but shall not be limited to:

a. Filing false credentials;

b. Falsely representing facts on an application for initial license, reinstatement, or renewal of a license; or

c. Giving or receiving assistance in the taking of the licensing examination.

Unprofessional conduct means, but shall not be limited to:

a. Performing acts beyond the limits of the practice of professional or practical nursing as defined in Chapter 30 (§ 54.1-3000 et seq.) of Title 54.1 of the Code of Virginia, or as provided by §§ 54.1-2901 and 54.1-2957 of the Code of Virginia;

b. Assuming duties and responsibilities within the practice of nursing without adequate training or when competency has not been maintained;

c. Obtaining supplies, equipment, or drugs for personal or other unauthorized use;

d. Employing or assigning unqualified persons to perform functions that require a licensed practitioner of nursing;

e. Falsifying or otherwise altering patient, employer, student, or educational program records, including falsely representing facts on a job application or other employment-related documents;

f. Abusing, neglecting, or abandoning patients or clients;

g. Delegating nursing tasks to an unlicensed person in violation of the provisions of this part;

h. Giving to or accepting from a patient or client property or money for any reason other than fee for service or a nominal token of appreciation;

i. Obtaining money or property of a patient or client by fraud, misrepresentation, or duress;

j. Entering into a relationship with a patient or client that constitutes a professional boundary violation in which the nurse uses his professional position to take advantage of the vulnerability of a patient, a client, or his family, to include actions that result in personal gain at the expense of the patient or client, or a nontherapeutic personal involvement or sexual conduct with a patient or client;

k. Violating state laws relating to the privacy of patient information, including § 32.1-127.1:03 the Code of Virginia;

l. Providing false information to staff or board members in the course of an investigation or proceeding;

m. Failing to report evidence of child abuse or neglect as required in § 63.2-1509 of the Code of Virginia or elder abuse or neglect as required in § 63.2-1606 of the Code of Virginia;

n. Engaging in conversion therapy with a person younger than 18 years of age; or

o. Violating any provision of this chapter.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017; amended, Virginia Register Volume 38, Issue 4, eff. November 10, 2021; Volume 38, Issue 10, eff. February 2, 2022.

Chapter 20 Regulations Governing the Practice of Nursing [Repealed]

Part VI Medication Administration Training Program (Repealed)

18VAC90-20-370 (Repealed.)

Medication Administration Training Program (Repealed)

History

Historical Notes: Derived from VR 495-01-1 § 6.1, eff. April 15, 1985; amended, Virginia Register Volume 3, Issue 19, eff. July 22, 1987; Volume 5, Issue 5, eff. January 4, 1989; Volume 6, Issue 9, eff. March 1, 1990; Volume 6, Issue 17, eff. June 20, 1990; Volume 7, Issue 6, eff. January 16, 1991; Volume 7, Issue 24, eff. September 25, 1991; Volume 8, Issue 12, eff. April 10, 1992; Volume 10, Issue 7, eff. January 27, 1994; Volume 11, Issue 19, eff. July 12, 1995; Volume 24, Issue 13, eff. April 2, 2008; repealed, Virginia Register Volume 30, Issue 10, eff. February 27, 2014.

18VAC90-20-380 (Repealed.)

History

Historical Notes: Derived from VR 495-01-1 § 6.2, eff. April 15, 1985; amended, Virginia Register Volume 3, Issue 19, eff. July 22, 1987; Volume 5, Issue 5, eff. January 4, 1989; Volume 6, Issue 9, eff. March 1, 1990; Volume 6, Issue 17, eff. June 20, 1990; Volume 7, Issue 6, eff. January 16, 1991; Volume 7, Issue 24, eff. September 25, 1991; Volume 8, Issue 12, eff. April 10, 1992; Volume 10, Issue 7, eff. January 27, 1994; Volume 11, Issue 19, eff. July 12, 1995; repealed, Virginia Register Volume 30, Issue 10, eff. February 27, 2014.

18VAC90-20-390 (Repealed.)

History

Historical Notes: Derived from VR 495-01-1 § 6.3, eff. April 15, 1985; amended, Virginia Register Volume 3, Issue 19, eff. July 22, 1987; Volume 5, Issue 5, eff. January 4, 1989; Volume 6, Issue 9, eff. March 1, 1990; Volume 6, Issue 17, eff. June 20, 1990; Volume 7, Issue 6, eff. January 16, 1991; Volume 7, Issue 24, eff. September 25, 1991; Volume 8, Issue 12, eff. April 10, 1992; Volume 10, Issue 7, eff. January 27, 1994; Volume 11, Issue 19, eff. July 12, 1995; Volume 20, Issue 24, eff. September 8, 2004; Volume 24, Issue 13, eff. April 2, 2008; repealed, Virginia Register Volume 30, Issue 10, eff. February 27, 2014.

18VAC90-20-400 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 15, Issue 3, eff. December 3, 1998; repealed, Virginia Register Volume 30, Issue 10, eff. February 27, 2014.

Part VII Protocol for Adult Immunization (Repealed)

18VAC90-20-410 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 15, Issue 3, eff. December 3, 1998; amended, Virginia Register Volume 20, Issue 24, eff. September 8, 2004; Volume 24, Issue 13, eff. April 2, 2008; repealed, Virginia Register Volume 30, Issue 10, eff. February 27, 2014.

18VAC90-20-420 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 16, Issue 3, eff. November 24, 1999; repealed, Virginia Register Volume 33, Issue 10, eff. February 24, 2017.

18VAC90-20-430 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 16, Issue 3, eff. November 24, 1999; repealed, Virginia Register Volume 33, Issue 10, eff. February 24, 2017.

18VAC90-20-440 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 16, Issue 3, eff. November 24, 1999; repealed, Virginia Register Volume 33, Issue 10, eff. February 24, 2017.

18VAC90-20-450 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 16, Issue 3, eff. November 24, 1999; repealed, Virginia Register Volume 33, Issue 10, eff. February 24, 2017.

18VAC90-20-460 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 16, Issue 3, eff. November 24, 1999; amended, Virginia Register Volume 20, Issue 24, eff. September 8, 2004; repealed, Virginia Register Volume 33, Issue 10, eff. February 24, 2017.

Chapter 25 Regulations Governing Certified Nurse Aides

Part I General Provisions

18VAC90-25-10 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Board" means the Virginia Board of Nursing.

"Client" means a person receiving the services of a certified nurse aide, to include a patient in a health care facility or at home or a resident of a long-term care facility.

"Nurse aide education program" means a program designed to prepare nurse aides for certification that is approved by the board.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 24, eff. September 8, 2004; amended, Virginia Register Volume 30, Issue 10, eff. February 27, 2014; Volume 35, Issue 20, eff. July 15, 2019.

18VAC90-25-15 Identification; accuracy of records

A. Any person regulated by this chapter who provides direct patient care shall, while on duty, wear identification that is clearly visible and indicates the appropriate title issued to such person by the board under which he is practicing in that setting. Name identification on a badge shall follow the policy of the facility in which the nurse aide is employed.

B. A certificate holder who has changed his name shall submit as legal proof to the board a copy of the marriage certificate, a certificate of naturalization, or court order evidencing the change. A duplicate certificate shall be issued by the board upon receipt of such evidence.

C. Each certificate holder shall maintain an address of record with the board. Any change in the address of record or in the public address, if different from the address of record, shall be submitted in writing or electronically to the board within 30 days of such change. All notices required by law and by this chapter to be sent by the board to any certificate holder shall be validly given when sent to the latest address of record on file with the board.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 21, Issue 9, eff. March 26, 2005; amended, Virginia Register Volume 23, Issue 21, eff. July 25, 2007; Volume 25, Issue 17, eff. July 1, 2009; Volume 30, Issue 10, eff. February 27, 2014; Volume 35, Issue 20, eff. July 15, 2019.

18VAC90-25-16 Fees

A. The following fees shall apply:

| | 1. Annual renewal for certified nurse aide | $30 | | --- | --- | --- | | | 2. Handling fee for returned check or dishonored credit card or debit card | $50 | | | 3. Application for certification as an advanced certified nurse aide 4. Renewal of advanced certified nurse aide certification 5. Reinstatement of advanced certified nurse aide certification | $25 $20 $30 |

B. Fees shall not be refunded once submitted.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 35, Issue 20, eff. July 15, 2019; amended, Virginia Register Volume 36, Issue 9, eff. February 6, 2020.

18VAC90-25-20 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 20, Issue 24, eff. September 8, 2004; amended, Virginia Register Volume 23, Issue 21, eff. July 25, 2007; repealed, Virginia Register Volume 30, Issue 10, eff. February 27, 2014.

18VAC90-25-30 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 20, Issue 24, eff. September 8, 2004; amended, Virginia Register Volume 23, Issue 21, eff. July 25, 2007; repealed, Virginia Register Volume 30, Issue 10, eff. February 27, 2014.

18VAC90-25-40 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 20, Issue 24, eff. September 8, 2004; amended, Virginia Register Volume 23, Issue 21, eff. July 25, 2007; repealed, Virginia Register Volume 30, Issue 10, eff. February 27, 2014.

18VAC90-25-50 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 20, Issue 24, eff. September 8, 2004; amended, Virginia Register Volume 23, Issue 21, eff. July 25, 2007; repealed, Virginia Register Volume 30, Issue 10, eff. February 27, 2014.

18VAC90-25-60 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 20, Issue 24, eff. September 8, 2004; amended, Virginia Register Volume 23, Issue 21, eff. July 25, 2007; repealed, Virginia Register Volume 30, Issue 10, eff. February 27, 2014.

Part II Certification of Nurse Aides

18VAC90-25-70 Initial certification for the nurse aide registry

A. The board shall issue a certificate as a certified nurse aide to each applicant who qualifies for such a certificate under §§ 54.1-3024, 54.1-3025, 54.1-3026, and 54.1-3028 of the Code of Virginia and provisions of this chapter.

B. Nurse aide competency evaluation.

The board may contract with a test service for the development and administration of a competency evaluation, which shall be a state examination.
All individuals completing a nurse aide education program in Virginia shall successfully complete the state examination required by the board prior to being certified and to using the title Certified Nurse Aide.
The board shall determine the minimum passing standard on the state examination.

C. Initial certification shall be for two years.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 24, eff. September 8, 2004; amended, Virginia Register Volume 23, Issue 21, eff. July 25, 2007; Volume 35, Issue 20, eff. July 15, 2019.

18VAC90-25-71 Certification by examination

A. To be placed on the registry and certified by examination, the nurse aide must:

Have satisfactorily completed:

a. A nurse aide education program approved by the board;

b. At least one clinical nursing course that includes at least 40 hours of clinical experience involving direct client care within the past 12 months while enrolled in a nursing education program preparing for registered nurse or practical nurse licensure; or

c. A nursing education program preparing for registered nurse licensure or practical nurse licensure;

Pass the state examination required by the board; and
Submit the required application and testing fee as prescribed by the board.

B. An applicant who fails to take the board-approved skills and written portions of the state examination within two years of completion of the training or who has failed the examination in three attempts shall reenroll and successfully complete another approved nurse aide training program before reapplying.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 21, eff. July 25, 2007; amended, Virginia Register Volume 30, Issue 10, eff. February 27, 2014; Volume 35, Issue 20, eff. July 15, 2019.

18VAC90-25-72 Certification by endorsement

To be placed on the registry and be certified by endorsement, the nurse aide shall:

Be a graduate of a state-approved nurse aide education program that meets the requirements for clinical training and competency set forth in 42 CFR 483.152;
Have satisfactorily completed a competency evaluation program;
Be currently registered in another state, with no finding of abuse, neglect or misappropriation of property;
Submit the required application; and
Submit the required verification form to the credentialing agency in each state in which the applicant has been registered, certified, or licensed, unless electronic verification is available.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 21, eff. July 25, 2007; amended, Virginia Register Volume 30, Issue 10, eff. February 27, 2014.

18VAC90-25-80 Renewal or reinstatement of certification

A. Renewal of certification.

No less than 30 days prior to the expiration date of the current certification, a notice for renewal shall be sent by the board to the address of record of each currently certified nurse aide.
The certified nurse aide shall annually submit a completed renewal application with the required fee and attestation of performance of nursing-related activities for compensation within the two years immediately preceding the expiration date.
Failure to receive the application for renewal shall not relieve the certificate holder of the responsibility for renewing the certification by the expiration date.
A certified nurse aide who has not performed nursing-related activities for compensation during the two years preceding the expiration date of the certification shall repeat and pass the nurse aide state examination prior to applying for renewal of certification.

B. Reinstatement of certification.

An individual whose certification has lapsed for more than 90 days shall submit the required application and renewal fee and provide:

a. Verification of performance of nursing-related activities for compensation in the two years prior to the expiration date of the certificate and within the preceding two years; or

b. Evidence of having repeated and passed the nurse aide state examination.

An individual who has previously had a finding of abuse, neglect, or misappropriation of property is not eligible for reinstatement of his certification, except as provided in 18VAC90-25-81, which provides a process for removal of the finding of neglect based on a single occurrence.

C. A certified nurse aide whose certification has been suspended or revoked by the board and who is eligible for reinstatement may apply for reinstatement by filing a reinstatement application and fulfilling requirements of subsection B of this section.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 24, eff. September 8, 2004; amended, Virginia Register Volume 22, Issue 8, eff. January 25, 2006; Volume 22, Issue 12, eff. March 22, 2006; Volume 23, Issue 21, eff. July 25, 2007; Volume 27, Issue 20, eff. July 6, 2011; Volume 35, Issue 20, eff. July 15, 2019.

18VAC90-25-81 Removal of a finding of neglect

A. If a finding of neglect was made against a certificate holder based on a single occurrence, an individual may petition for removal of the finding of neglect provided:

A period of at least one year has passed since the finding was made; and
The individual demonstrates sufficient evidence that employment and personal history do not reflect a pattern of abusive behavior or neglect.

B. A certificate holder can petition the board only once for removal of a finding of neglect.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 21, eff. July 25, 2007; amended, Virginia Register Volume 35, Issue 20, eff. July 15, 2019.

18VAC90-25-90 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 20, Issue 24, eff. September 8, 2004; repealed, Virginia Register Volume 30, Issue 10, eff. February 27, 2014.

18VAC90-25-100 Disciplinary provisions for nurse aides

The board has the authority to deny, revoke, or suspend a certificate issued, or to otherwise discipline a certificate holder upon proof that the certificate holder has violated any of the provisions of § 54.1-3007 of the Code of Virginia. For the purpose of establishing allegations to be included in the notice of hearing, the board has adopted the following definitions:

Fraud or deceit in order to procure or maintain a certificate shall mean but shall not be limited to:

a. Filing false credentials;

b. Falsely representing facts on an application for initial certification, reinstatement or renewal of a certificate; or

c. Giving or receiving assistance in taking the state examination.

Unprofessional conduct shall mean but shall not be limited to:

a. Performing acts beyond those authorized for practice as a nurse aide or an advanced certified nurse aide as defined in Chapter 30 (§ 54.1-3000 et seq.) of Title 54.1 of the Code of Virginia, and beyond those authorized by the Drug Control Act (§ 54.1-3400 et seq. of the Code of Virginia) or by provisions for delegation of nursing tasks in Part VI (18VAC90-19-240 et seq.) of 18VAC90-19.

b. Assuming duties and responsibilities within the practice of a nurse aide or an advanced certified nurse aide without adequate training or when competency has not been maintained;

c. Obtaining supplies, equipment or drugs for personal or other unauthorized use;

d. Falsifying or otherwise altering client or employer records, including falsely representing facts on a job application or other employment-related documents;

e. Abusing, neglecting, or abandoning clients;

f. Having been denied a license or certificate or having had a license or certificate issued by the board revoked or suspended;

g. Giving to or accepting from a client property or money for any reason other than fee for service or a nominal token of appreciation;

h. Obtaining money or property of a client by fraud, misrepresentation, or duress;

i. Entering into a relationship with a client or the client's family that constitutes a professional boundary violation in which the nurse aide uses his professional position to take advantage of the vulnerability of a client or his family, to include actions that result in personal gain at the expense of the client, an inappropriate personal involvement or sexual conduct with a client;

j. Violating state laws relating to the privacy of client information, including § 32.1-127.1:03 of the Code of Virginia; or

k. Providing false information to staff or board members during the course of an investigation or proceeding.

For the purposes of interpreting provisions of subdivision 7 of § 54.1-3007 of the Code of Virginia, a restriction on nurse aide certification shall be interpreted as having a finding of abuse, neglect, or misappropriation of patient property made in another state or being placed on the abuse registry in another state.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 24, eff. September 8, 2004; amended, Virginia Register Volume 21, Issue 9, eff. March 26, 2005; Volume 23, Issue 21, eff. July 25, 2007; Volume 35, Issue 20, eff. July 15, 2019.

Part III Advanced Certification

18VAC90-25-110 Requirements for initial certification as an advanced certified nurse aide

A. In order to be certified as and use the title of "Advanced Certified Nurse Aide," an applicant shall meet the following qualifications:

Hold current certification as a certified nurse aide in Virginia;
Have been certified for at least three years as a certified nurse aide;
Have never had a finding of abuse, neglect, or misappropriation of patient property entered on a nurse aide registry in any jurisdiction and have not had any disciplinary actions taken by the board within the five years preceding application for advanced certification;
Have a recommendation for advanced certification from a licensed nurse who has supervised the applicant in providing direct patient care for at least six months within the past year; and
Have successfully completed a minimum of 120 hours of advanced training in an approved program that includes a competency evaluation acceptable to the board.

B. An application for certification shall be accompanied by an application fee as specified in 18VAC90-25-16.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 21, Issue 9, eff. March 26, 2005; amended, Virginia Register Volume 23, Issue 21, eff. July 25, 2007; Volume 35, Issue 20, eff. July 15, 2019.

18VAC90-25-120 Renewal and reinstatement of certification as an advanced certified nurse aide

A. Current certification as a nurse aide in Virginia must be maintained in order to hold certification as an advanced certified nurse aide.

B. Renewal. If an individual is not eligible to renew as a certified nurse aide, certification as an advanced certified nurse aide may not be renewed. An advanced certification shall be renewed concurrently with the renewal of the basic certification as a nurse aide in Virginia by:

Submitting a completed renewal form and renewal fee as specified in 18VAC90-25-16; and
Attesting to completion of at least three contact hours per year of continuing education and training in any of the competency areas identified in the advanced certification training program. The board may grant an extension or waiver of the continuing education requirement based on good cause shown by the certified nurse aide.

C. Late renewal. An advanced certified nurse aide may renew certification for 90 days following the expiration date by meeting the requirements of subsection A of this section.

D. Reinstatement. If an advanced certification has not been renewed for 90 days following the expiration date, it shall only be reinstated if the applicant for reinstatement:

Holds current certification as a nurse aide in Virginia;
Submits a completed reinstatement application on a form provided by the board;
Pays the reinstatement fee as specified in 18VAC90-25-16; and
Provides evidence that the applicant has completed all required hours of continuing education and training.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 21, Issue 9, eff. March 26, 2005; amended, Virginia Register Volume 23, Issue 21, eff. July 25, 2007; Volume 30, Issue 10, eff. February 27, 2014; Volume 35, Issue 20, eff. July 15, 2019.

18VAC90-25-130 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 21, Issue 9, eff. March 26, 2005; amended, Virginia Register Volume 23, Issue 21, eff. July 25, 2007; repealed, Virginia Register Volume 35, Issue 20, eff. July 15, 2019.

18VAC90-25-140 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 21, Issue 9, eff. March 26, 2005; repealed, Virginia Register Volume 35, Issue 20, eff. July 15, 2019.

Chapter 27 Regulations for Nursing Education Programs

Part I General Provisions

18VAC90-27-10 Definitions

In addition to words and terms defined in § 54.1-3000 of the Code of Virginia, the following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Accreditation" means having been accredited by an agency recognized by the U.S. Department of Education to include the Accreditation Commission for Education in Nursing, the Commission on Collegiate Nursing Education, the Commission for Nursing Education Accreditation, or a national nursing accrediting organization recognized by the board.

"Advisory committee" means a group of persons from a nursing education program and the health care community who meets regularly to advise the nursing education program on the quality of its graduates and the needs of the community.

"Approval" means the process by which the board or a governmental agency in another state or foreign country evaluates and grants official recognition to nursing education programs that meet established standards not inconsistent with Virginia law.

"Associate degree nursing program" means a nursing education program preparing for registered nurse licensure, offered by a Virginia college or other institution and designed to lead to an associate degree in nursing, provided that the institution is authorized to confer such degree by SCHEV.

"Baccalaureate degree nursing program" or "prelicensure graduate degree program" means a nursing education program preparing for registered nurse licensure, offered by a Virginia college or university and designed to lead to a baccalaureate or a graduate degree with a major in nursing, provided that the institution is authorized to confer such degree by SCHEV.

"Board" means the Board of Nursing.

"Clinical nursing faculty" means nursing faculty that instructs students in the direct client care environment.

"Clinical setting" means any location in which the clinical practice of nursing occurs as specified in an agreement between the cooperating agency and the school of nursing.

"Conditional approval" means a time-limited status that results when an approved nursing education program has failed to maintain requirements as set forth in this chapter.

"Cooperating agency" means an agency or institution that enters into a written agreement to provide clinical or observational experiences for a nursing education program.

"Diploma nursing program" means a nursing education program preparing for registered nurse licensure, offered by a hospital and designed to lead to a diploma in nursing, provided the hospital is licensed in the Commonwealth.

"Direct client care" means nursing care provided to patients or clients in a clinical setting supervised by qualified faculty or a designated preceptor.

"Full approval" means the status granted to a nursing education program when compliance with regulations pertaining to nursing education programs has been verified.

"Initial approval" means the status granted to a nursing education program that allows the admission of students.

"NCLEX" means the National Council Licensure Examination.

"NCSBN" means the National Council of State Boards of Nursing.

"Nursing education program" means an entity offering a basic course of study preparing persons for licensure as registered nurses or as licensed practical nurses. A basic course of study includes all courses required for the degree, diploma, or certificate.

"Nursing faculty" means registered nurses who teach the practice of nursing in nursing education programs.

"Practical nursing program" means a nursing education program preparing for practical nurse licensure that leads to a diploma or certificate in practical nursing, provided the school is authorized by the Virginia Department of Education or by an accrediting agency recognized by the U.S. Department of Education.

"Preceptor" means a licensed nurse who is employed in the clinical setting, serves as a resource person and role model, and is present with the nursing student in that setting, providing clinical supervision.

"Program director" means a registered nurse who holds a current, unrestricted license in Virginia or a multistate licensure privilege and who has been designated by the controlling authority to administer the nursing education program.

"Recommendation" means a guide to actions that will assist an institution to improve and develop its nursing education program.

"Requirement" means a mandatory condition that a nursing education program must meet to be approved or maintain approval.

"SCHEV" means the State Council of Higher Education for Virginia.

"Simulation" means an evidence-based teaching methodology utilizing an activity in which students are immersed into a realistic clinical environment or situation and in which students are required to learn and use critical thinking and decision-making skills.

"Site visit" means a focused onsite review of the nursing program by board staff, usually completed within one day for the purpose of evaluating program components, such as the physical location (i.e., skills lab, classrooms, learning resources), for obtaining initial program approval, in response to a complaint, compliance with NCLEX plan of correction, change of location, or verification of noncompliance with this chapter.

"Survey visit" means a comprehensive onsite review of the nursing program by board staff, usually completed within two days (depending on the number of programs or campuses being reviewed) for the purpose of obtaining and maintaining full program approval. The survey visit includes the program's completion of a self-evaluation report prior to the visit, as well as a board staff review of all program resources, including skills lab, classrooms, learning resources, and clinical facilities, and other components to ensure compliance with this chapter. Meetings with faculty, administration, students, and clinical facility staff will occur.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017; amended, Virginia Register Volume 34, Issue 10, eff. February 7, 2018; Volume 34, Issue 25, eff. September 20, 2018; Volume 38, Issue 10, eff. February 2, 2022; Volume 41, Issue 22, eff. July 17, 2025.

18VAC90-27-20 Fees

Fees required by the board are:

| 1. Application for approval of a nursing education program. | $1,650 | | --- | --- | | 2. Survey visit for nursing education program. | $2,200 | | 3. Site visit for NCLEX passage rate for nursing education program. | $1,500 | | 4. Handling fee for returned check or dishonored credit card or debit card | $50 |

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017; amended, Virginia Register Volume 36, Issue 9, eff. February 6, 2020.

Part II Initial Approval of a Nursing Education Program

18VAC90-27-30 Application for initial approval

An institution wishing to establish a nursing education program shall:

Provide documentation of attendance by the program director at a board orientation on establishment of a nursing education program prior to submission of an application and fee.
Submit to the board an application to establish a nursing education program along with a nonrefundable application fee as prescribed in 18VAC90-27-20.

a. The application shall be effective for 12 months from the date the application was received by the board.

b. If the program does not meet the board's requirements for approval within 12 months, the institution shall file a new application and fee.

Submit the following information on the organization and operation of a nursing education program:

a. A copy of a business license and zoning permit to operate a school in a Virginia location, a certificate of operation from the State Corporation Commission, evidence of approval from the Virginia Department of Education or SCHEV, and documentation of accreditation, if applicable;

b. The organizational structure of the institution and the institution's relationship to the nursing education program;

c. The type of nursing program, as defined in 18VAC90-27-10;

d. An enrollment plan specifying the beginning dates and number of students for each class for a two-year period from the date of initial approval, including (i) the planned number of students in the first class and in all subsequent classes and (ii) the planned frequency of admissions. Any increase in admissions that is not stated in the enrollment plan must be approved by the board. Also, transfer students are not authorized until full approval has been granted to the nursing education program; and

e. A tentative time schedule for planning and initiating the program through graduation of the first class and the program's receipt of results of the NCLEX examination.

Submit to the board evidence documenting adequate resources for the projected number of students and the ability to provide a program that can meet the requirements of this part to include the following information:

a. The results of a community assessment or market analysis that demonstrates the need for the nursing education program in the geographic area for the proposed school. The assessment or analysis shall include employment opportunities of nurses in the community, the number of clinical facilities or employers available for the size of the community to support the number of graduates, and the number and types of other nursing education programs in the area;

b. A projection of the availability of qualified faculty sufficient to provide classroom instruction and clinical supervision for the number of students specified by the program;

c. Budgeted faculty positions sufficient in number to provide classroom instruction and clinical supervision;

d. Availability of clinical training facilities for the program as evidenced by copies of contracts or letters of agreement specifying the responsibilities of the respective parties and indicating sufficient availability of clinical experiences for the number of students in the program, the number of students, and clinical hours permitted at each clinical site and on each nursing unit;

e. A diagram or blueprint showing the availability of academic facilities for the program, including classrooms, skills laboratory, and learning resource center. This information shall include the number of restrooms for the student and faculty population, classroom and skills laboratory space large enough to accommodate the number of the student body, and sufficient faculty office space; and

f. Evidence of financial resources for the planning, implementation, and continuation of the program with line-item budget projections for the first three years of operations beginning with the admission of students.

Respond to the board's request for additional information within a timeframe established by the board.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017; amended, Virginia Register Volume 41, Issue 16, eff. May 8, 2025.

18VAC90-27-40 Organization and administration

A. The governing or parent institution offering Virginia nursing education programs shall be approved by the Virginia Department of Education or SCHEV or accredited by an accrediting agency recognized by the U.S. Department of Education.

B. Any agency or institution used for clinical experience by a nursing education program shall be in good standing with its licensing body.

C. The program director of the nursing education program shall:

Hold a current license or multistate licensure privilege to practice as a registered nurse in the Commonwealth without any disciplinary action that currently restricts practice;
Have additional education and experience necessary to administer, plan, implement, and evaluate the nursing education program;
Ensure that faculty are qualified by education and experience to teach in the program or to supervise the clinical practice of students in the program;
Maintain a current faculty roster, a current clinical agency form, and current clinical contracts available for board review and subject to an audit; and
Only serve as program director at one location or campus.

D. The program shall provide evidence that the director has authority to:

Implement the program and curriculum;
Oversee the admission, academic progression, and graduation of students;
Hire and evaluate faculty; and
Recommend and administer the program budget, consistent with established policies of the controlling agency.

E. An organizational plan shall indicate the lines of authority and communication of the nursing education program to the controlling body, to other departments within the controlling institution, to the cooperating agencies, and to the advisory committee for the nursing education program.

F. There shall be evidence of financial support and resources sufficient to meet the goals of the nursing education program as evidenced by a copy of the current annual budget or a signed statement from administration specifically detailing its financial support and resources.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017.

18VAC90-27-50 Philosophy and objectives

Written statements of philosophy and objectives shall be the foundation of the curriculum and shall be:

Formulated and accepted by the faculty and the program director;
Descriptive of the practitioner to be prepared; and
The basis for planning, implementing, and evaluating the total program through the implementation of a systematic plan of evaluation that is documented in faculty or committee meeting minutes.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017.

18VAC90-27-60 Faculty

A. Qualifications for all faculty.

Every member of the nursing faculty, including the program director, shall (i) hold a current license or a multistate licensure privilege to practice nursing in Virginia as a registered nurse without any disciplinary action that currently restricts practice and (ii) have had at least two years of direct client care experience as a registered nurse prior to employment by the program. No person providing instruction in topics other than nursing shall be required to hold a license as a registered nurse.
Every member of a nursing faculty supervising the clinical practice of students, including simulation in lieu of direct client care, shall meet the licensure requirements of the jurisdiction in which that practice occurs and shall provide evidence of education or experience in the specialty area in which they supervise student clinical experience for quality and safety. Prior to supervision of students, the faculty providing supervision shall have completed a clinical orientation to the site in which supervision is being provided. Faculty members who supervise clinical practice by simulation shall also demonstrate simulation knowledge and skills in that methodology and shall engage in ongoing professional development in the use of simulation.
The program director and each member of the nursing faculty shall maintain documentation of professional competence through such activities as nursing practice, continuing education programs, conferences, workshops, seminars, academic courses, research projects, and professional writing. Documentation of annual professional development shall be maintained in employee files for the director and each faculty member until the next survey visit and shall be available for board review.
For baccalaureate degree and prelicensure graduate degree programs:

a. The program director shall hold a doctoral degree with a graduate degree in nursing.

b. Every member of the didactic nursing faculty shall hold a graduate degree; the majority of the faculty shall have a graduate degree in nursing. Faculty members with a graduate degree with a major other than in nursing shall have a baccalaureate degree with a major in nursing.

c. Clinical nursing faculty shall hold:

(1) A graduate degree in nursing;

(2) A baccalaureate degree in nursing and be actively enrolled in a graduate degree program; or

(3) A baccalaureate degree in nursing and hold alternative credentials.

d. Clinical nursing faculty with a graduate degree other than in nursing must hold a baccalaureate degree in nursing.

For associate degree and diploma programs:

a. The program director shall hold a graduate degree with a major in nursing.

b. Didactic members of the nursing faculty shall hold:

(1) A graduate degree, preferably with a major in nursing; or

(2) A baccalaureate degree and be actively enrolled in a graduate program.

c. Each member of the clinical nursing faculty shall hold:

(1) A baccalaureate degree in nursing; or

(2) An associate degree in nursing and be actively enrolled in a baccalaureate program in nursing.

For practical nursing programs:

a. The program director shall hold a baccalaureate degree with a major in nursing.

b. All nursing faculty shall hold:

(1) A baccalaureate degree, preferably with a major in nursing; or

(2) An associate degree and be actively enrolled in a baccalaureate degree program.

B. Number of faculty.

The number of faculty shall be sufficient to prepare the students to achieve the objectives of the educational program and to ensure safety for clients to whom students provide care.
When students are giving direct care to clients, the ratio of students to faculty shall not exceed 10 students to one faculty member, and the faculty shall be on site solely to supervise students.
When preceptors are utilized for specified learning experiences in clinical settings, the faculty member may supervise up to 15 students.

C. Functions. The principal functions of the faculty shall be to:

Develop, implement, and evaluate the philosophy and objectives of the nursing education program;
Design, implement, teach, evaluate, and revise the curriculum. Faculty shall provide evidence of education and experience necessary to indicate that the faculty member is competent to teach a given course;
Develop and evaluate student admission, progression, retention, and graduation policies within the framework of the controlling institution;
Participate in academic advisement and counseling of students in accordance with requirements of the Financial Educational Rights and Privacy Act (20 USC § 1232g);
Provide opportunities for and evidence of student and graduate evaluation of curriculum and teaching and program effectiveness; and
Document actions taken in faculty and committee meetings using a systematic plan of evaluation for total program review.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017; amended, Virginia Register Volume 38, Issue 10, eff. February 2, 2022; Volume 41, Issue 22, eff. July 17, 2025.

18VAC90-27-70 Admission of students

A. Requirements for admission to a registered nursing education program shall not be less than the requirements of § 54.1-3017 A 1 of the Code of Virginia that will permit the graduate to be admitted to the appropriate licensing examination. The equivalent of a four-year high school course of study as required pursuant to § 54.1-3017 shall be considered to be:

A General Educational Development (GED) certificate for high school equivalence; or
Satisfactory completion of the college courses required by the nursing education program.

B. Requirements for admission to a practical nursing education program shall not be less than the requirements of § 54.1-3020 A 1 of the Code of Virginia that will permit the graduate to be admitted to the appropriate licensing examination.

C. Requirements for admission, readmission, advanced standing, progression, retention, dismissal, and graduation shall be available to the students in written form.

D. Except for high school students, all students enrolled in a nursing education program shall be required to submit to a criminal background check prior to a clinical experience involving direct patient care.

E. Transfer students may not be admitted until a nursing education program has received full approval from the board.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017; amended, Virginia Register Volume 34, Issue 25, eff. September 20, 2018.

18VAC90-27-80 Resources, facilities, publications, and services

A. Classrooms, conference rooms, laboratories, clinical facilities, and offices shall be sufficient to meet the objectives of the nursing education program and the needs of the students, faculty, administration, and staff and shall include private areas for faculty-student conferences. The nursing education program shall provide facilities that meet federal and state requirements, including:

Comfortable temperatures;
Clean and safe conditions;
Adequate lighting;
Adequate space to accommodate all students; and
Instructional technology and equipment needed for simulating client care.

B. The program shall have learning resources and technology that are current, pertinent, and accessible to students and faculty and sufficient to meet the needs of the students and faculty.

C. Current information about the nursing education program shall be published and distributed to applicants for admission and shall be made available to the board. Such information shall include:

Description of the program to include whether the program is accredited by a nursing education accrediting body;
Philosophy and objectives of the controlling institution and of the nursing program;
Admission and graduation requirements, including the policy on the use of a final comprehensive exam;
Fees and expenses;
Availability of financial aid;
Tuition refund policy;
Education facilities;
Availability of student activities and services;
Curriculum plan, to include course progression from admission to graduation, the name of each course, theory hours, skills lab hours, simulation hours (if used in lieu of direct client care hours), and clinical hours;
Course descriptions, to include a complete overview of what is taught in each course;
Faculty-staff roster;
School calendar;
Student grievance policy; and
Information about implications of criminal convictions.

D. Administrative support services shall be provided.

E. There shall be written agreements with cooperating agencies that:

Ensure full control of student education by the faculty of the nursing education program, including the selection and supervision of learning experiences, to include the dismissal of students from the clinical site if client safety is or may be compromised by the acts of the student;
Provide that faculty members or preceptors are present in the clinical setting when students are providing direct client care;
Provide for cooperative planning with designated agency personnel to ensure safe client care; and
Provide that faculty be readily available to students and preceptors while students are involved in preceptorship experiences.

F. Cooperating agencies shall be approved by the appropriate accreditation, evaluation, or licensing bodies, if such exist.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017.

18VAC90-27-90 Curriculum

A. Both classroom and online curricula shall reflect the philosophy and objectives of the nursing education program and shall be consistent with the law governing the practice of nursing.

B. Nursing education programs preparing for licensure as a registered or practical nurse shall include:

Evidence-based didactic content and supervised clinical experience in nursing, encompassing the attainment and maintenance of physical and mental health and the prevention of illness for individuals and groups throughout the life cycle and in a variety of acute, nonacute, community-based, and long-term care clinical settings and experiences to include adult medical/surgical nursing, geriatric nursing, maternal/infant (obstetrics, gynecology, neonatal) nursing, mental health/psychiatric nursing, nursing fundamentals, and pediatric nursing;
Concepts of the nursing process that include conducting a focused nursing assessment of the client status that includes decision making about who and when to inform, identifying client needs, planning for episodic nursing care, implementing appropriate aspects of client care, contributing to data collection and the evaluation of client outcomes, and the appropriate reporting and documentation of collected data and care rendered;
Concepts of anatomy, physiology, chemistry, microbiology, and the behavioral sciences;
Concepts of communication, growth and development, nurse-client interpersonal relations, and client education, including:

a. Development of professional socialization that includes working in interdisciplinary teams; and

b. Conflict resolution;

Concepts of ethics and the vocational and legal aspects of nursing, including:

a. Regulations and sections of the Code of Virginia related to nursing;

b. Client rights, privacy, and confidentiality;

c. Prevention of client abuse, neglect, and abandonment throughout the life cycle, including instruction in the recognition, intervention, and reporting by the nurse of evidence of child or elder abuse;

d. Professional responsibility, to include the role of the practical and professional nurse;

e. Professional boundaries, to include appropriate use of social media and electronic technology; and

f. History and trends in nursing and health care;

Concepts of pharmacology, dosage calculation, medication administration, nutrition, and diet therapy;
Concepts of client-centered care, including:

a. Respect for cultural differences, values, and preferences;

b. Promotion of healthy life styles for clients and populations;

c. Promotion of a safe client environment;

d. Prevention and appropriate response to situations of bioterrorism, natural and man-made disasters, and intimate partner and family violence;

e. Use of critical thinking and clinical judgment in the implementation of safe client care; and

f. Care of clients with multiple, chronic conditions; and

Development of management and supervisory skills, including:

a. The use of technology in medication administration and documentation of client care;

b. Participation in quality improvement processes and systems to measure client outcomes and identify hazards and errors; and

c. Supervision of certified nurse aides, registered medication aides, and unlicensed assistive personnel.

C. In addition to meeting curriculum requirements set forth in subsection B of this section, registered nursing education programs preparing for registered nurse licensure shall also include:

Evidence-based didactic content and supervised clinical experiences in conducting a comprehensive nursing assessment that includes:

a. Extensive data collection, both initial and ongoing, for individuals, families, groups, and communities addressing anticipated changes in client conditions as well as emerging changes in a client's health status;

b. Recognition of alterations to previous client conditions;

c. Synthesizing the biological, psychological, and social aspects of the client's condition;

d. Evaluation of the effectiveness and impact of nursing care;

e. Planning for nursing interventions and evaluating the need for different interventions for individuals, groups, and communities;

f. Evaluation and implementation of the need to communicate and consult with other health team members; and

g. Use of a broad and complete analysis to make independent decisions and nursing diagnoses; and

Evidence-based didactic content and supervised experiences in:

a. Development of clinical judgment;

b. Development of leadership skills and unit management;

c. Knowledge of the rules and principles for delegation of nursing tasks to unlicensed persons;

d. Supervision of licensed practical nurses;

e. Involvement of clients in decision making and a plan of care; and

f. Concepts of pathophysiology.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017.

18VAC90-27-100 Curriculum for direct client care

A. A nursing education program preparing a student for licensure as a registered nurse shall provide a minimum of 500 hours of direct client care supervised by qualified faculty. A nursing education program preparing a student for licensure as a practical nurse shall provide a minimum of 400 hours of direct client care supervised by qualified faculty. Direct client care hours shall include experiences and settings as set forth in 18VAC90-27-90 B 1.

B. Licensed practical nurses transitioning into prelicensure registered nursing programs may be awarded no more than 150 clinical hours of the 400 clinical hours received in a practical nursing program. In a practical nursing to registered nursing transitional program, the remainder of the clinical hours shall include registered nursing clinical experience across the life cycle in adult medical/surgical nursing, maternal/infant (obstetrics, gynecology, neonatal) nursing, mental health/psychiatric nursing, and pediatric nursing.

C. Any observational experiences shall be planned in cooperation with the agency involved to meet stated course objectives. Observational experiences shall not be accepted toward the 400 or 500 minimum clinical hours required. Observational objectives shall be available to students, the clinical unit, and the board.

D. Simulation for direct client clinical hours.

No more than 25% of direct client contact hours may be simulation. For prelicensure registered nursing programs, the total of simulated client care hours cannot exceed 125 hours (25% of the required 500 hours). For prelicensure practical nursing programs, the total of simulated client care hours cannot exceed 100 hours (25% of the required 400 hours).
No more than 50% of the total clinical hours for any course may be used as simulation. If courses are integrated, simulation shall not be used for more than 50% of the total clinical hours in different clinical specialties and population groups across the life span.
Skills acquisition and task training alone, as in the traditional use of a skills laboratory, do not qualify as simulated client care and therefore do not meet the requirements for direct client care hours.
Clinical simulation must be led by faculty who meet the qualifications specified in 18VAC90-27-60. Faculty with education and expertise in simulation and in the applicable subject area must be present during the simulation experience.
Documentation of the following shall be available for all simulated experiences:

a. Course description and objectives;

b. Type of simulation and location of simulated experience;

c. Number of simulated hours;

d. Faculty qualifications;

e. Methods of pre-briefing and debriefing;

f. Evaluation of simulated experience; and

g. Method to communicate student performance to clinical faculty.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017; amended, Virginia Register Volume 38, Issue 10, eff. February 2, 2022.

18VAC90-27-110 Clinical practice of students

A. In accordance with § 54.1-3001 of the Code of Virginia, a nursing student, while enrolled in an approved nursing program, may perform tasks that would constitute the practice of nursing. The student shall be responsible and accountable for the safe performance of those direct client care tasks to which he has been assigned.

B. Faculty shall be responsible for ensuring that students perform only skills or services in direct client care for which they have received instruction and have been found proficient by the instructor. Skills checklists shall be maintained for each student.

C. Faculty members or preceptors providing onsite supervision in the clinical care of clients shall be responsible and accountable for the assignment of clients and tasks based on their assessment and evaluation of the student's clinical knowledge and skills. Supervisors shall also monitor clinical performance and intervene if necessary for the safety and protection of the clients.

D. Clinical preceptors may be used to augment the faculty and enhance the clinical learning experience. Faculty shall be responsible for the designation of a preceptor for each student and shall communicate such assignment with the preceptor. A preceptor may not further delegate the duties of the preceptorship.

E. Preceptors shall provide to the nursing education program evidence of competence to supervise student clinical experience for quality and safety in each specialty area where they supervise students. The clinical preceptor shall be licensed as a nurse at or above the level for which the student is preparing.

F. Supervision of students.

When faculty are supervising direct client care by students, the ratio of students to faculty shall not exceed 10 students to one faculty member. The faculty member shall be on site in the clinical setting solely to supervise students.
When preceptors are utilized for specified learning experiences in clinical settings, the faculty member may supervise up to 15 students. In utilizing preceptors to supervise students in the clinical setting, the ratio shall not exceed two students to one preceptor at any given time. During the period in which students are in the clinical setting with a preceptor, the faculty member shall be available for communication and consultation with the preceptor.

G. Prior to beginning any preceptorship, the following shall be required:

Written objectives, methodology, and evaluation procedures for a specified period of time to include the dates of each experience;
An orientation program for faculty, preceptors, and students;
A skills checklist detailing the performance of skills for which the student has had faculty-supervised clinical and didactic preparation; and
The overall coordination by faculty who assume ultimate responsibility for implementation, periodic monitoring, and evaluation.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017.

18VAC90-27-120 Granting of initial program approval

A. Initial approval may be granted when all documentation required in 18VAC90-27-30 has been submitted and is deemed satisfactory to the board and when the following conditions are met:

There is evidence that the requirements for organization and administration and the philosophy and objectives of the program, as set forth in 18VAC90-27-40 and 18VAC90-27-50, have been met;
A program director who meets board requirements has been appointed, and there are sufficient faculty to initiate the program as required in 18VAC90-27-60;
A written curriculum plan developed in accordance with 18VAC90-27-90 has been submitted and approved by the board;
A written systematic plan of evaluation has been developed and approved by the board; and
The program is in compliance with requirements of 18VAC90-27-80 for resources, facilities, publications, and services as verified by a satisfactory site visit conducted by a representative of the board.

B. If initial approval is granted:

The advertisement of the nursing program is authorized.
The admission of students is authorized, except that transfer students are not authorized to be admitted until the program has received full program approval.
The program director shall submit quarterly progress reports to the board that shall include evidence of progress toward full program approval and other information as required by the board.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017.

18VAC90-27-130 Denying or withdrawing initial program approval

A. Denial of initial program approval.

Initial approval may be denied for causes enumerated in 18VAC90-27-140.
If initial approval is denied:

a. The program shall be given an option of correcting the deficiencies cited by the board during the time remaining in its initial 12-month period following receipt of the application.

b. No further action regarding the application shall be required of the board unless the program requests, within 30 days of the mailing of the decision, an informal conference pursuant to §§ 2.2-4019 and 54.1-109 of the Code of Virginia.

If denial is recommended following the informal conference, the recommendation shall be presented to the board or a panel thereof for review and action.
If the recommendation of the informal conference committee to deny initial approval is accepted by the board or a panel thereof, the decision shall be reflected in a board order, and no further action by the board is required. The program may request a formal hearing within 30 days from entry of the order in accordance with § 2.2-4020 of the Code of Virginia.
If the decision of the board or a panel thereof following a formal hearing is to deny initial approval, the program shall be advised of the right to appeal the decision to the appropriate circuit court in accordance with § 2.2-4026 of the Code of Virginia and Part 2A of the Rules of the Supreme Court of Virginia.

B. Withdrawal of initial program approval.

Initial approval shall be withdrawn and the program closed if:

a. The program has not admitted students within six months of approval of its application;

b. The program fails to submit evidence of progression toward full program approval; or

c. For any of the causes enumerated in 18VAC90-27-140.

If a decision is made to withdraw initial approval, no further action shall be required by the board unless the program within 30 days of the mailing of the decision requests an informal conference pursuant to §§ 2.2-4019 and 54.1-109 of the Code of Virginia.
If withdrawal of initial approval is recommended following the informal conference, the recommendation shall be presented to the board or a panel thereof for review and action.
If the recommendation of the informal conference committee to withdraw initial approval is accepted by the board or a panel thereof, the decision shall be reflected in a board order, and no further action by the board is required unless the program requests a formal hearing within 30 days from entry of the order in accordance with § 2.2-4020 of the Code of Virginia.
If the decision of the board or a panel thereof following a formal hearing is to withdraw initial approval, the program shall be advised of the right to appeal the decision to the appropriate circuit court in accordance with § 2.2-4026 of the Code of Virginia and Part 2A of the Rules of the Supreme Court of Virginia.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017.

18VAC90-27-140 Causes for denial or withdrawal of nursing education program approval

A. Denial or withdrawal of program approval may be based upon the following:

Failing to demonstrate compliance with program requirements in Part II (18VAC90-27-30 et seq.), III (18VAC90-27-150 et seq.), or IV (18VAC90-27-210 et seq.) of this chapter.
Failing to comply with terms and conditions placed on a program by the board.
Advertising for or admitting students without authority, board approval, or contrary to a board restriction.
Failing to progress students through the program in accordance with an approved timeframe.
Failing to provide evidence of progression toward initial program approval within a timeframe established by the board.
Failing to provide evidence of progression toward full program approval within a timeframe established by the board.
Failing to respond to requests for information required from board representatives.
Fraudulently submitting documents or statements to the board or its representatives.
Having had past actions taken by the board, other states, or accrediting entities regarding the same nursing education program operating in another jurisdiction.
Failing to maintain a pass rate of 80% on the NCLEX for graduates of the program as required by 18VAC90-27-210.
Failing to comply with an order of the board or with any terms and conditions placed upon it by the board for continued approval.
Having the program director, owner, or operator of the program convicted of a felony or a misdemeanor involving moral turpitude or his professional license disciplined by a licensing body or regulatory authority.
Failing to pay the required fee for a survey or site visit.

B. Withdrawal of nursing education program approval may occur at any stage in the application or approval process pursuant to procedures enumerated in 18VAC90-27-130, 18VAC90-27-160, and 18VAC90-27-230.

C. Programs with approval denied or withdrawn may not accept or admit additional students into the program effective upon the date of entry of the board's final order to deny or withdraw approval. Further, the program shall submit quarterly reports until the program is closed, and the program shall comply with board requirements regarding closure of a program as stated in 18VAC90-27-240.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017.

Part III Full Approval for a Nursing Education Program

18VAC90-27-150 Granting full program approval

A. Full approval may be granted when:

A self-evaluation report of compliance with Part II (18VAC90-27-30 et seq.) of this chapter and a survey visit fee as specified in 18VAC90-27-20 have been submitted and received by the board;
The program has achieved a passage rate of not less than 80% for the program's first-time test takers taking the NCLEX based on at least 20 graduates within a two-year period; and
A satisfactory survey visit and report have been made by a representative of the board verifying that the program is in compliance with all requirements for program approval.

B. If full approval is granted, the program shall continue to comply with all requirements in Parts II (18VAC90-27-30 et seq.) and III (18VAC90-27-150 et seq.) of this chapter, and admission of transfer students is authorized.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017.

18VAC90-27-160 Denying full program approval

A. Denial of full program approval may occur for causes enumerated in 18VAC90-27-140.

B. If full program approval is denied, the board shall also be authorized to do one of the following:

The board may continue the program on initial program approval with terms and conditions to be met within the timeframe specified by the board; or
The board may withdraw initial program approval.

C. If the board takes one of the actions specified in subsection B of this section, the following shall apply:

No further action will be required of the board unless the program within 30 days of the mailing of the decision requests an informal conference pursuant to §§ 2.2-4019 and 54.1-109 the Code of Virginia.
If continued initial program approval with terms and conditions or withdrawal of initial approval is recommended following the informal conference, the recommendation shall be presented to the board or a panel thereof for review and action.
If the recommendation of the informal conference committee is accepted by the board or a panel thereof, the decision shall be reflected in a board order, and no further action by the board regarding the application is required. The program may request a formal hearing within 30 days from entry of the order in accordance with § 2.2-4020 and subdivision 11 of § 54.1-2400 of the Code of Virginia.
If the decision of the board or a panel thereof following a formal hearing is to deny full approval or withdraw or continue on initial approval with terms or conditions, the program shall be advised of the right to appeal the decision to the appropriate circuit court in accordance with § 2.2-4026 of the Code of Virginia and Part 2A of the Rules of the Supreme Court of Virginia.

D. If a program is denied full approval and initial approval withdrawn, no additional students may be accepted into the program, effective upon the date of entry of the board's final order to deny or withdraw approval. Further, the program shall submit quarterly reports until the program is closed, and the program shall comply with board requirements regarding closure of a program as stated in 18VAC90-27-240.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017.

18VAC90-27-170 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017; repealed, Virginia Register Volume 41, Issue 22, eff. July 17, 2025.

18VAC90-27-180 Records and provision of information

A. Requirements for admission, readmission, advanced standing, progression, retention, dismissal, and graduation shall be readily available to the students in written form.

B. A system of records shall be maintained and be made available to the board representative and shall include:

Data relating to accreditation by any agency or body.
Course outlines.
Minutes of faculty and committee meetings, including documentation of the use of a systematic plan of evaluation for total program review and including those faculty members in attendance.
Record of and disposition of complaints.

C. A file shall be maintained for each student. Provision shall be made for the protection of student and graduate files against loss, destruction, and unauthorized use. Each file shall be available to the board representative and shall include the student's:

Application, including the date of its submission and the date of admission into the program;
High school transcript or copy of high school equivalence certificate, and if the student is a foreign graduate, a transcript translated into English;
Current record of achievement to include classroom grades, skills checklists, and clinical hours for each course; and
A final transcript retained in the permanent file of the institution to include dates of admission and completion of coursework, graduation date, name and address of graduate, the dates of each semester or term, course grades, and authorized signature.

D. Current information about the nursing education program shall be published and distributed to students and applicants for admission and shall be made available to the board. In addition to information specified in 18VAC90-27-80 C, the following information shall be included:

Annual passage rates on NCLEX for the past five years; and
Accreditation status.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017.

18VAC90-27-190 Evaluation of resources; written agreements with cooperating agencies

A. Periodic evaluations of resources, facilities, and services shall be conducted by the administration, faculty, students, and graduates of the nursing education program, including an employer evaluation for graduates of the nursing education program.

B. Current written agreements with cooperating agencies shall be maintained and reviewed annually and shall be in accordance with 18VAC90-27-80 E.

C. Upon request, a program shall provide a clinical agency summary on a form provided by the board.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017; amended, Virginia Register Volume 41, Issue 16, eff. May 8, 2025.

18VAC90-27-200 Program changes

A. The following shall be reported to the board within 10 days of the change or receipt of a report from an accrediting body:

Change in the program director, governing body, or parent institution;
Adverse action taken by a licensing authority against the program director, governing body, or parent institution;
Conviction of a felony or misdemeanor involving moral turpitude against the program director, owner, or operator of the program;
Change in the physical location of the program;
Change in the availability of clinical sites;
Change in financial resources that could substantively affect the nursing education program;
Change in content of curriculum, faculty, or method of delivery that affects 25% or more of the total hours of didactic and clinical instruction;
Change in accreditation status; and
A final report with findings and recommendations from the accrediting body.

B. Other curriculum or faculty changes shall be reported to the board with the annual report required in 18VAC90-27-220 A.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017.

Part IV Continued Approval of Nursing Education Programs

18VAC90-27-210 Passage rate on national examination

A. For the purpose of continued approval by the board, a nursing education program shall maintain a passage rate for first-time test takers on the NCLEX that is not less than 80%, calculated on the cumulative results of the past four quarters of all graduates in each calendar year regardless of where the graduate is seeking licensure.

B. If an approved program falls below 80% for one year, it shall submit a plan of correction to the board. If an approved program falls below 80% for two consecutive years, the board shall place the program on conditional approval with terms and conditions, require the program to submit a plan of correction, and conduct a site visit. Prior to the conduct of such a visit, the program shall submit the fee for a site visit for the NCLEX passage rate as required by 18VAC90-27-20. If a program falls below 80% for three consecutive years, the board may withdraw program approval.

C. For the purpose of program evaluation, the board may provide to the program the NCLEX examination results of its graduates. However, further release of such information by the program shall not be authorized without written authorization from the candidate.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017.

18VAC90-27-220 Maintaining an approved nursing education program

A. The program director of each nursing education program shall submit an annual report to the board.

B. Prior to February 7, 2021, each registered nursing education program shall be reevaluated as follows:

Every registered nursing education program that has not achieved accreditation as defined in 18VAC90-27-10 shall be reevaluated at least every five years by submission of a comprehensive self-evaluation report based on Parts II (18VAC90-27-30 et seq.) and III (18VAC90-27-150 et seq.) of this chapter and a survey visit by a representative or representatives of the board on dates mutually acceptable to the institution and the board.
A registered nursing education program that has maintained accreditation as defined in 18VAC90-27-10 shall be reevaluated at least every 10 years by submission of a comprehensive self-evaluation report as provided by the board. As evidence of compliance with specific requirements of this chapter, the board may accept the most recent study report, site visit report, and final decision letter from the accrediting body. The board may require additional information or a site visit to ensure compliance with requirements of this chapter. If accreditation has been withdrawn or a program has been placed on probation by the accrediting body, the board may require a survey visit. If a program fails to submit the documentation required in this subdivision, the requirements of subdivision 1 of this subsection shall apply.

After February 7, 2021, each registered nursing education program shall have accreditation or candidacy status and shall be reevaluated at least every 10 years by submission of a comprehensive self-evaluation report as provided by the board. As evidence of compliance with specific requirements of this chapter, the board may accept the most recent study report, site visit report, and final decision letter from the accrediting body. The board may require additional information or a site visit to ensure compliance with requirements of this chapter. If a program has been placed on probation by the accrediting body, the board may require a survey visit. If a program fails to submit the documentation required in this subdivision, the requirements of subdivision 1 of this subsection shall apply.

C. Each practical nursing education program shall be reevaluated as follows:

Every practical nursing education program that has not achieved accreditation as defined in 18VAC90-27-10 shall be reevaluated at least every five years by submission of a comprehensive self-evaluation report based on Parts II (18VAC90-27-30 et seq.) and III (18VAC90-27-150 et seq.) of this chapter and a survey visit by a representative or representatives of the board on dates mutually acceptable to the institution and the board.
A practical nursing education program that has maintained accreditation as defined in 18VAC90-27-10 shall be reevaluated at least every 10 years by submission of a comprehensive self-evaluation report as provided by the board. As evidence of compliance with specific requirements of this chapter, the board may accept the most recent study report, site visit report, and final decision letter from the accrediting body. The board may require additional information or a site visit to ensure compliance with requirements of this chapter. If accreditation has been withdrawn or a program has been placed on probation by the accrediting body, the board may require a survey visit. If a program fails to submit the documentation required in this subdivision, the requirements of subdivision 1 of this subsection shall apply.

D. Interim site or survey visits shall be made to the institution by board representatives at any time within the initial approval period or full approval period as deemed necessary by the board. Prior to the conduct of such a visit, the program shall submit the fee for a survey visit as required by 18VAC90-27-20.

E. Failure to submit the required fee for a survey or site visit may subject an education program to board action or withdrawal of board approval.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017; amended, Virginia Register Volume 34, Issue 10, eff. February 7, 2018.

18VAC90-27-230 Continuing and withdrawal of full approval

A. The board shall receive and review the self-evaluation and survey reports required in 18VAC90-27-220 B or C or complaints relating to program compliance. Following review, the board may continue the program on full approval so long as it remains in compliance with all requirements in Parts II (18VAC90-27-30 et seq.), III (18VAC90-27-150 et seq.), and IV (18VAC90-27-210 et seq.) of this chapter.

B. If the board determines that a program is not maintaining the requirements of Parts II, III, and IV of this chapter or for causes enumerated in 18VAC90-27-140, the board may:

Place the program on conditional approval with terms and conditions to be met within the timeframe specified by the board; or
Withdraw program approval.

C. If the board either places a program on conditional approval with terms and conditions to be met within a timeframe specified by the board or withdraws approval, the following shall apply:

No further action will be required of the board unless the program requests an informal conference pursuant to §§ 2.2-4019 and 54.1-109 of the Code of Virginia.
If withdrawal or continued program approval with terms and conditions is recommended following the informal conference, the recommendation shall be presented to the board or a panel thereof for review and action.
If the recommendation of the informal conference committee is accepted by the board or a panel thereof, the decision shall be reflected in a board order and no further action by the board is required unless the program requests a formal hearing within 30 days from entry of the order in accordance with § 2.2-4020 of the Code of Virginia.
If the decision of the board or a panel thereof following a formal hearing is to withdraw approval or continue on conditional approval with terms or conditions, the program shall be advised of the right to appeal the decision to the appropriate circuit court in accordance with § 2.2-4026 of the Code of Virginia and Part 2A of the Rules of the Supreme Court of Virginia.

D. If a program approval is withdrawn, no additional students may be admitted into the program effective upon the date of entry of the board's final order to withdraw approval. Further, the program shall submit quarterly reports until the program is closed, and the program must comply with board requirements regarding closure of a program as stated in 18VAC90-27-240.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017; amended, Virginia Register Volume 34, Issue 10, eff. February 7, 2018.

18VAC90-27-240 Closing of an approved nursing education program; custody of records

A. When the governing institution anticipates the closing of a nursing education program, the governing institution shall notify the board in writing, stating the reason, plan, and date of intended closing.

The governing institution shall assist in the transfer of students to other approved programs with the following conditions:

The program shall continue to meet the standards required for approval until all students are transferred and shall submit a quarterly report to the board regarding progress toward closure.
The program shall provide to the board a list of the names of students who have been transferred to approved programs, and the date on which the last student was transferred.
The date on which the last student was transferred shall be the closing date of the program.

B. When the board denies or withdraws approval of a program, the governing institution shall comply with the following procedures:

The program shall be closed according to a timeframe established by the board.
The program shall provide to the board a list of the names of students who have transferred to approved programs and the date on which the last student was transferred shall be submitted to the board by the governing institution.
The program shall provide quarterly reports to the board regarding progress toward closure.

C. Provision shall be made for custody of records as follows:

If the governing institution continues to function, it shall assume responsibility for the records of the students and the graduates. The governing institution shall inform the board of the arrangements made to safeguard the records.
If the governing institution ceases to exist, the academic transcript of each student and graduate shall be transferred by the institution to the board for safekeeping.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017.

Chapter 30 Regulations Governing the Licensure of Advanced Practice Registered Nurses

Part I General Provisions

18VAC90-30-10 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Approved program" means an advanced practice registered nurse education program that is accredited by the Council on Accreditation of Nurse Anesthesia Educational Programs/Schools, American College of Nurse Midwives, Commission on Collegiate Nursing Education, or the National League for Nursing Accrediting Commission or is offered by a school of nursing or jointly offered by a school of medicine and a school of nursing that grant a graduate degree in nursing and that hold a national accreditation acceptable to the boards.

"Autonomous practice" means practice in a category in which an advanced practice registered nurse is certified and licensed without a written or electronic practice agreement with a patient care team physician in accordance with 18VAC90-30-86.

"Boards" means the Virginia Board of Nursing and the Virginia Board of Medicine.

"Certified nurse midwife" means an advanced practice registered nurse who is certified in the specialty of nurse midwifery and who is jointly licensed by the Boards of Medicine and Nursing as an advanced practice registered nurse pursuant to § 54.1-2957 of the Code of Virginia.

"Certified registered nurse anesthetist" means an advanced practice registered nurse who is certified in the specialty of nurse anesthesia, who is jointly licensed by the Boards of Medicine and Nursing as an advanced practice registered nurse pursuant to § 54.1-2957 of the Code of Virginia, and who practices under the supervision of a doctor of medicine, osteopathy, podiatry, or dentistry but is not subject to the practice agreement requirement described in § 54.1-2957 of the Code of Virginia.

"Clinical nurse specialist" means an advanced practice registered nurse who is certified in the specialty of clinical nurse specialist and who is jointly licensed by the Boards of Medicine and Nursing as an advanced practice registered nurse pursuant to § 54.1-2957 of the Code of Virginia.

"Collaboration" means the communication and decision-making process among members of a patient care team related to the treatment and care of a patient and includes (i) communication of data and information about the treatment and care of a patient, including exchange of clinical observations and assessments, and (ii) development of an appropriate plan of care, including decisions regarding the health care provided, accessing and assessment of appropriate additional resources or expertise, and arrangement of appropriate referrals, testing, or studies.

"Committee" means the Committee of the Joint Boards of Nursing and Medicine.

"Consultation" means the communicating of data and information, exchanging of clinical observations and assessments, accessing and assessing of additional resources and expertise, problem solving, and arranging for referrals, testing, or studies.

"Conversion therapy" means any practice or treatment as defined in § 54.1-2409.5 A of the Code of Virginia.

"Independent practice midwife" means (i) a licensed certified midwife who has completed a minimum of 1,000 hours of practice, is authorized to practice without a practice agreement, and has practiced independently for two years or (ii) a certified nurse midwife who is authorized to practice without a practice agreement and has practiced independently for two years.

"Licensed nurse practitioner" means an advanced practice registered nurse who has met the requirements for licensure as stated in Part II (18VAC90-30-60 et seq.) of this chapter.

"National certifying body" means a national organization that is accredited by an accrediting agency recognized by the U.S. Department of Education or deemed acceptable by the National Council of State Boards of Nursing and has as one of its purposes the certification of nurse anesthetists, nurse midwives, or advanced practice registered nurses, referred to in this chapter as professional certification, and whose certification of such persons by examination is accepted by the committee.

"Patient care team physician" means a person who holds an active, unrestricted license issued by the Virginia Board of Medicine to practice medicine or osteopathic medicine.

"Practice agreement" means a written or electronic statement, jointly developed by the collaborating patient care team physician and the licensed advanced practice registered nurse that describes the procedures to be followed and the acts appropriate to the specialty practice area to be performed by the licensed advanced practice registered nurse in the care and management of patients. The practice agreement also describes the prescriptive authority of the advanced practice registered nurse, if applicable. For an advanced practice registered nurse licensed in the category of certified nurse midwife, the practice agreement is a statement jointly developed with the consulting physician or an independent practice midwife with at least two years of clinical experience. For an advanced practice registered nurse licensed in the category of clinical nurse specialist, the practice agreement shall be between the advanced practice registered nurse and a consulting physician.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957 of the Code of Virginia.
Historical Notes: Derived from VR495-02-1 and VR465-07-1 § 1.1, eff. June 22, 1989; amended, Virginia Register Volume 12, Issue 1, eff. November 1, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 19, Issue 19, eff. July 2, 2003; Volume 21, Issue 11, eff. March 9, 2005; Volume 24, Issue 10, eff. February 20, 2008; Volume 25, Issue 5, eff. December 25, 2008; Volume 31, Issue 21, eff. July 15, 2015; Volume 33, Issue 1, eff. October 5, 2016; Volume 36, Issue 22, eff. July 22, 2020; Volume 38, Issue 4, eff. November 10, 2021; Volume 38, Issue 10, eff. February 2, 2022; Volume 40, Issue 4, eff. November 8, 2023; Volume 42, Issue 4, eff. November 5, 2025.

18VAC90-30-20 Delegation of authority

A. The boards hereby delegate to the executive director of the Virginia Board of Nursing the authority to issue the initial licensure and the biennial renewal of such licensure to those persons who meet the requirements set forth in this chapter, to grant authorization for autonomous practice to those persons who have met the qualifications of 18VAC90-30-86, and to grant extensions or exemptions for compliance with continuing competency requirements as set forth in subsection E of 18VAC90-30-105. Questions of eligibility shall be referred to the Committee of the Joint Boards of Nursing and Medicine.

B. All records and files related to the licensure of nurse practitioners shall be maintained in the office of the Virginia Board of Nursing.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957 of the Code of Virginia.
Historical Notes: Derived from VR495-02-1 and VR465-07-1 § 1.2, eff. June 22, 1989; amended, Virginia Register Volume 18, Issue 15, eff. May 8, 2002; Volume 25, Issue 5, eff. December 25, 2008; Volume 36, Issue 22, eff. July 22, 2020.

18VAC90-30-30 Committee of the Joint Boards of Nursing and Medicine

A. The presidents of the Boards of Nursing and Medicine respectively shall each appoint three members from their boards to the Committee of the Joint Boards of Nursing and Medicine; at least one of the appointees from the Board of Nursing shall be a licensed advanced practice registered nurse. The purpose of this committee shall be to administer this chapter.

B. The committee, in its discretion, may appoint an advisory committee. Such an advisory committee shall be comprised of four licensed physicians and four licensed advanced practice registered nurses, of whom one shall be a certified nurse midwife, one shall be a certified registered nurse anesthetist and two shall be advanced practice registered nurses from other categories. Appointment to the advisory committee shall be for four years; members may be appointed for one additional four-year period.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR495-02-1 and VR465-07-1 § 1.3, eff. June 22, 1989; amended, Virginia Register Volume 15, Issue 7, eff. January 20, 1999; Volume 25, Issue 5, eff. December 25, 2008; Volume 40, Issue 4, eff. November 8, 2023.

18VAC90-30-40 (Repealed.)

Historical Notes

Derived from VR495-02-1 and VR465-07-1 § 1.4, eff. June 22, 1989; amended, Virginia Register Volume 12, Issue 1, eff. November 1, 1995; repealed, Virginia Register Volume 15, Issue 7, eff. January 20, 1999.

18VAC90-30-50 Fees

A. Fees required in connection with the licensure of advanced practice registered nurses are:

| | 1. Application | $125 | | --- | --- | --- | | | 2. Biennial licensure renewal | $80 | | | 3. Late renewal | $25 | | | 4. Reinstatement of licensure | $150 | | | 5. Verification of licensure to another jurisdiction | $35 | | | 6. Duplicate license | $15 | | | 7. Duplicate wall certificate | $25 | | | 8. Handling fee for returned check or dishonored credit card or debit card | $50 | | | 9. Reinstatement of suspended or revoked license | $200 | | | 10. Autonomous practice attestation | $100 |

B. For renewal of licensure from July 1, 2017, through June 30, 2019, the following fee shall be in effect:

| | Biennial renewal | $60 | | --- | --- | --- |

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957 of the Code of Virginia.
Historical Notes: Derived from VR495-02-1 and VR465-07-1 § 1.5, eff. June 22, 1989; amended, Virginia Register Volume 17, Issue 13, eff. April 11, 2001; Volume 22, Issue 12, eff. March 22, 2006; Volume 27, Issue 20, eff. July 6, 2011; Volume 33, Issue 18, eff. May 31, 2017; Volume 36, Issue 11, eff. March 5, 2020; Volume 36, Issue 22, eff. July 22, 2020; Volume 40, Issue 4, eff. November 8, 2023.

Part II Licensure

18VAC90-30-60 Licensure, general

A. No person shall perform services as a nurse practitioner in the Commonwealth of Virginia except as prescribed in this chapter and when licensed by the Boards of Nursing and Medicine.

B. The boards shall license applicants who meet the qualifications for licensure as set forth in 18VAC90-30-80 or 18VAC90-30-85.

C. The boards may issue a restricted volunteer license for practice in accordance with provisions of § 54.1-2957.001 of the Code of Virginia.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR495-02-1 and VR465-07-1 § 2.1, eff. June 22, 1989; amended, Virginia Register Volume 12, Issue 1, eff. November 1, 1995; Volume 21, Issue 11, eff. March 9, 2005; Volume 32, Issue 7, eff. December 30, 2015.

18VAC90-30-70 Categories of licensed advanced practice registered nurses

A. The boards shall license advanced practice registered nurses consistent with their specialty education and certification in the following categories (a two-digit suffix appears on licenses to designate category):

Adult/geriatric acute care nurse practitioner (01);
Family nurse practitioner (02);
Pediatric/primary care nurse practitioner (03);
Adult/geriatric primary care nurse practitioner (07);
Certified registered nurse anesthetist (08);
Certified nurse midwife (09);
Neonatal nurse practitioner (13);
Women's health nurse practitioner (14);
Psychiatric nurse/mental health practitioner (17);
Pediatric/acute care nurse practitioner (18); and
Clinical nurse specialist (19).

B. Other categories of licensed advanced practice registered nurses shall be licensed if the Committee of the Joint Boards of Nursing and Medicine determines that the category meets the requirements of this chapter.

C. Advanced practice registered nurses licensed prior to January 15, 2016, may:

Retain the specialty category in which they were initially licensed; or
If the specialty category has been subsequently deleted and if qualified by certification, be issued a license in a specialty category listed in subsection A of this section that is consistent with such certification.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957 of the Code of Virginia.
Historical Notes: Derived from VR495-02-1 and VR465-07-1 § 2.2, eff. June 22, 1989; amended, Virginia Register Volume 12, Issue 1, eff. November 1, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 19, Issue 19, eff. July 2, 2003; Volume 21, Issue 11, eff. March 9, 2005; Volume 32, Issue 7, eff. January 15, 2016; Volume 38, Issue 4, eff. November 10, 2021; Volume 40, Issue 4, eff. November 8, 2023.

18VAC90-30-80 Qualifications for initial licensure

A. An applicant for initial licensure as an advanced practice registered nurse shall:

Hold a current, active license as a registered nurse in Virginia or hold a current multistate licensure privilege as a registered nurse;
Submit evidence of a graduate degree in nursing or in the appropriate advanced practice registered nurse specialty from an educational program designed to prepare advanced practice registered nurses that is an approved program as defined in 18VAC90-30-10. Evidence shall include a transcript that shows that the applicant has successfully completed core coursework that prepares the applicant for licensure in the appropriate specialty;
Submit evidence of professional certification that is consistent with the specialty area of the applicant's educational preparation issued by an agency accepted by the boards as identified in 18VAC90-30-90;
File the required application; and
Pay the application fee prescribed in 18VAC90-30-50.

B. Provisional licensure may be granted to an applicant who satisfies all requirements of this section with the exception of subdivision A 3 of this section, provided the board has received evidence of the applicant's eligibility to sit for the certifying examination directly from the national certifying body. An applicant may practice with a provisional license for either six months from the date of issuance or until issuance of a permanent license or until the applicant receives notice that the applicant has failed the certifying examination, whichever occurs first.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR495-02-1 and VR465-07-1 § 2.3, eff. June 22, 1989; amended, Virginia Register Volume 12, Issue 1, eff. November 1, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 21, Issue 11, eff. March 9, 2005; Volume 21, Issue 21, eff. July 27, 2005; Volume 22, Issue 26, eff. November 18, 2006; Errata, 24:18 May 12, 2008; amended, Virginia Register Volume 24, Issue 24, eff. September 3, 2008; Volume 25, Issue 5, eff. December 25, 2008; Volume 38, Issue 11, eff. April 1, 2022; Volume 40, Issue 4, eff. November 8, 2023.

18VAC90-30-85 Qualifications for licensure by endorsement

A. An applicant for licensure by endorsement as an advanced practice registered nurse shall:

Provide verification of licensure as a nurse practitioner or advanced practice registered nurse in another United States jurisdiction with a license in good standing, or, if lapsed, eligible for reinstatement;
Submit evidence of professional certification that is consistent with the specialty area of the applicant's educational preparation issued by an agency accepted by the boards as identified in 18VAC90-30-90; and
Submit the required application and fee as prescribed in 18VAC90-30-50.

B. An applicant shall provide evidence that includes a transcript that shows successful completion of core coursework that prepares the applicant for licensure in the appropriate specialty.

C. An applicant for licensure by endorsement who is also seeking authorization for autonomous practice shall comply with subsection F of 18VAC90-30-86.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 21, Issue 11, eff. March 9, 2005; amended, Virginia Register Volume 25, Issue 5, eff. December 25, 2008; Volume 36, Issue 22, eff. July 22, 2020; Volume 40, Issue 4, eff. November 8, 2023.

18VAC90-30-86 Autonomous practice for advanced practice registered nurses other than nurse midwives, certified registered nurse anesthetists, or clinical nurse specialists

A. An advanced practice registered nurse with a current, unrestricted license, other than someone licensed in the category of certified nurse midwife, certified registered nurse anesthetist, or clinical nurse specialist, may qualify for autonomous practice by completion of the equivalent of three years of full-time clinical experience to qualify for autonomous practice.

Full-time clinical experience shall be defined as 1,800 hours per year.
Clinical experience shall be defined as the postgraduate delivery of health care directly to patients pursuant to a practice agreement with a patient care team physician.

B. Qualification for authorization for autonomous practice shall be determined upon submission of a fee as specified in 18VAC90-30-50 and an attestation acceptable to the boards. The attestation shall be signed by the advanced practice registered nurse and the advanced practice registered nurse's patient care team physician stating that:

The patient care team physician served as a patient care team physician on a patient care team with the advanced practice registered nurse pursuant to a practice agreement meeting the requirements of this chapter and §§ 54.1-2957 and 54.1-2957.01 of the Code of Virginia;
While a party to such practice agreement, the patient care team physician routinely practiced with a patient population and in a practice area included within the category, as specified in 18VAC90-30-70, for which the advanced practice registered nurse was certified and licensed; and
The period of time and hours of practice during which the patient care team physician practiced with the advanced practice registered nurse under such a practice agreement.

C. The advanced practice registered nurse may submit attestations from more than one patient care team physician with whom the advanced practice registered nurse practiced during the equivalent of three years of practice, but all attestations shall be submitted to the boards at the same time.

D. If an advanced practice registered nurse is licensed and certified in more than one category as specified in 18VAC90-30-70, a separate fee and attestation that meets the requirements of subsection B of this section shall be submitted for each category. If the hours of practice are applicable to the patient population and in practice areas included within each of the categories of licensure and certification, those hours may be counted toward a second attestation.

E. In the event a patient care team physician has died, become disabled, retired, or relocated to another state, or in the event of any other circumstance that inhibits the ability of the advanced practice registered nurse from obtaining an attestation as specified in subsection B of this section, the advanced practice registered nurse may submit other evidence of meeting the qualifications for autonomous practice along with an attestation signed by the advanced practice registered nurse. Other evidence may include employment records, military service, Medicare or Medicaid reimbursement records, or other similar records that verify full-time clinical practice in the role of an advanced practice registered nurse in the category for which the advanced practice registered nurse is licensed and certified. The burden shall be on the advanced practice registered nurse to provide sufficient evidence to support the advanced practice registered nurse's inability to obtain an attestation from a patient care team physician.

F. An advanced practice registered nurse to whom a license is issued by endorsement may engage in autonomous practice if such application includes an attestation acceptable to the boards that the advanced practice registered nurse has completed the equivalent of three years of full-time clinical experience as specified in subsection A of this section and in accordance with the laws of the state in which the advanced practice registered nurse was previously licensed.

G. An advanced practice registered nurse authorized to practice autonomously shall:

Only practice within the scope of the advanced practice registered nurse's clinical and professional training and limits of the advanced practice registered nurse's knowledge and experience and consistent with the applicable standards of care;
Consult and collaborate with other health care providers based on the clinical conditions of the patient to whom health care is provided; and
Establish a plan for referral of complex medical cases and emergencies to physicians or other appropriate health care providers.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 22, eff. July 22, 2020; amended, Virginia Register Volume 38, Issue 4, eff. November 10, 2021; Volume 38, Issue 4, eff. November 10, 2021; Volume 40, Issue 4, eff. November 8, 2023; Volume 41, Issue 4, eff. November 6, 2024.

18VAC90-30-87 Autonomous practice for advanced practice registered nurses licensed as certified nurse midwives

A. A certified nurse midwife who has completed 1,000 hours of practice as a certified nurse midwife may practice without a practice agreement upon receipt by the certified nurse midwife of an attestation from a certified nurse midwife who has practiced for at least two years prior to entering into the practice agreement or the licensed physician with whom the certified nurse midwife has entered into a practice agreement stating (i) that such certified nurse midwife or licensed physician has provided consultation to the certified nurse midwife pursuant to a practice agreement meeting the requirements of § 54.1-2957 H of the Code of Virginia, and (ii) the period of time for which such certified nurse midwife or licensed physician practiced in collaboration and consultation with the certified nurse midwife pursuant to the practice agreement.

B. A certified nurse midwife authorized to practice without a practice agreement shall consult and collaborate with and refer patients to such other health care providers as may be appropriate for the care of the patient.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 38, Issue 4, eff. November 10, 2021.

18VAC90-30-90 Certifying agencies

A. The boards shall accept the professional certification by examination of the following:

American Midwifery Certification Board;
American Nurses Credentialing Center;
National Board of Certification and Recertification for Nurse Anesthetists;
Pediatric Nursing Certification Board;
National Certification Corporation;
American Academy of Nurse Practitioners; and
American Association of Critical-Care Nurses Certification Corporation.

B. The boards may accept professional certification from other certifying agencies on recommendation of the Committee of the Joint Boards of Nursing and Medicine provided the agency meets the definition of a national certifying body set forth in 18VAC90-30-10 and that the professional certification is awarded on the basis of:

Completion of an approved program as defined in 18VAC90-30-10; and
Achievement of a passing score on an examination.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957 of the Code of Virginia.
Historical Notes: Derived from VR495-02-1 and VR465-07-1 § 2.4, eff. June 22, 1989; amended, Virginia Register Volume 12, Issue 1, eff. November 1, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 19, Issue 19, eff. July 2, 2003; Volume 21, Issue 11, eff. March 9, 2005; Volume 31, Issue 20, eff. July 16, 2015; Volume 31, Issue 21, eff. July 15, 2015.

18VAC90-30-100 Renewal of licensure

A. Licensure of an advanced practice registered nurse shall be renewed:

Biennially at the same time the license to practice as a registered nurse in Virginia is renewed; or
If licensed as an advanced practice registered nurse with a multistate licensure privilege to practice in Virginia as a registered nurse, a licensee born in even-numbered years shall renew his license by the last day of the birth month in even-numbered years and a licensee born in odd-numbered years shall renew his license by the last day of the birth month in odd-numbered years.

B. The renewal notice of the license shall be sent to the last known address of record of each advanced practice registered nurse. Failure to receive the renewal notice shall not relieve the licensee of the responsibility for renewing the license by the expiration date.

C. The licensed advanced practice registered nurse shall attest to compliance with continuing competency requirements of current professional certification or continuing education as prescribed in 18VAC90-30-105 and the license renewal fee prescribed in 18VAC90-30-50.

D. The license shall automatically lapse if the licensee fails to renew by the expiration date. Any person practicing as an advanced practice registered nurse during the time a license has lapsed shall be subject to disciplinary actions by the boards.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957 of the Code of Virginia.
Historical Notes: Derived from VR495-02-1 and VR465-07-1 § 2.5, eff. June 22, 1989; amended, Virginia Register Volume 12, Issue 1, eff. November 1, 1995; Volume 18, Issue 15, eff. May 8, 2002; Volume 21, Issue 21, eff. July 27, 2005; Volume 25, Issue 5, eff. December 25, 2008; Volume 25, Issue 17, eff. July 1, 2009; Volume 31, Issue 21, eff. July 15, 2015; Volume 40, Issue 4, eff. November 8, 2023.

18VAC90-30-105 Continuing competency requirements

A. In order to renew a license biennially, an advanced practice registered nurse initially licensed on or after May 8, 2002, shall hold current professional certification in the area of specialty practice from one of the certifying agencies designated in 18VAC90-30-90, except for those renewing their licenses in accordance with subsection B of this section.

B. In order to renew a license biennially, advanced practice registered nurses licensed prior to May 8, 2002, or clinical nurse specialists who were registered by the Board of Nursing with a retired certification, shall meet one of the following requirements:

Hold current professional certification in the area of specialty practice from one of the certifying agencies designated in 18VAC90-30-90; or
Complete at least 40 hours of continuing education in the area of specialty practice approved by one of the certifying agencies designated in 18VAC90-30-90 or approved by Accreditation Council for Continuing Medical Education (ACCME) of the American Medical Association as a Category I Continuing Medical Education (CME) course.

C. The advanced practice registered nurse shall retain evidence of compliance and all supporting documentation for a period of four years following the renewal period for which the records apply.

D. The boards shall periodically conduct a random audit of their licensees to determine compliance. The advanced practice registered nurses selected for the audit shall provide the evidence of compliance and supporting documentation within 30 days of receiving notification of the audit.

E. The boards may delegate the authority to grant an extension or exemption for all or part of the requirements for circumstances beyond the control of the licensee, such as temporary disability, mandatory military service, or officially declared disasters.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 18, Issue 15, eff. May 8, 2002; amended, Virginia Register Volume 25, Issue 5, eff. December 25, 2008; Volume 31, Issue 21, eff. July 15, 2015; Volume 38, Issue 11, eff. April 1, 2022; Volume 40, Issue 4, eff. November 8, 2023.

18VAC90-30-110 Reinstatement of license

A. A licensed advanced practice registered nurse whose license has lapsed may be reinstated within one renewal period by payment of the current renewal fee and the late renewal fee.

B. An applicant for reinstatement of license lapsed for more than one renewal period shall:

File the required application and reinstatement fee;
Be currently licensed as a registered nurse in Virginia or hold a current multistate licensure privilege as a registered nurse; and
Provide evidence of current professional competency consisting of:

a. Current professional certification by the appropriate certifying agency identified in 18VAC90-30-90;

b. Continuing education hours taken during the period in which the license was lapsed, equal to the number required for licensure renewal during that period, not to exceed 120 hours; or

c. If applicable, current, unrestricted licensure or certification in another jurisdiction.

If qualified for autonomous practice, provide the required fee and attestation in accordance with 18VAC90-30-86.

C. An applicant for reinstatement of license following suspension or revocation shall:

Petition for reinstatement and pay the reinstatement fee;
Present evidence that he is currently licensed as a registered nurse in Virginia or hold a current multistate licensure privilege as a registered nurse; and
Present evidence that he is competent to resume practice as a licensed advanced practice registered nurse in Virginia to include:

a. Current professional certification by the appropriate certifying agency identified in 18VAC90-30-90; or

b. Continuing education hours taken during the period in which the license was suspended or revoked, equal to the number required for licensure renewal during that period, not to exceed 120 hours.

The committee shall act on the petition pursuant to the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957 of the Code of Virginia.
Historical Notes: Derived from VR495-02-1 and VR465-07-1 § 2.6, eff. June 22, 1989; amended, Virginia Register Volume 12, Issue 1, eff. November 1, 1995; Volume 17, Issue 13, eff. April 11, 2001; Volume 21, Issue 21, eff. July 27, 2005; Volume 25, Issue 5, eff. December 25, 2008; Volume 36, Issue 22, eff. July 22, 2020; Volume 40, Issue 4, eff. November 8, 2023.

Part III Practice of Licensed Advanced Practice Registered Nurses

18VAC90-30-120 Practice of licensed advanced practice registered nurses other than certified registered nurse anesthetists, certified nurse midwives, or clinical nurse specialists

A. An advanced practice registered nurse licensed in a category other than certified registered nurse anesthetist, certified nurse midwife, or clinical nurse specialist shall be authorized to render care in collaboration and consultation with a licensed patient care team physician as part of a patient care team or if determined by the boards to qualify in accordance with 18VAC90-30-86, authorized to practice autonomously without a practice agreement with a patient care team physician.

B. The practice shall be based on specialty education preparation as an advanced practice registered nurse in accordance with standards of the applicable certifying organization, as identified in 18VAC90-30-90.

C. All advance practice registered nurses licensed in any category other than certified registered nurse anesthetist, certified nurse midwife, or clinical nurse specialist shall practice in accordance with a written or electronic practice agreement as defined in 18VAC90-30-10 or in accordance with 18VAC90-30-86.

D. The written or electronic practice agreement shall include provisions for:

The periodic review of patient charts or electronic patient records by a patient care team physician and may include provisions for visits to the site where health care is delivered in the manner and at the frequency determined by the patient care team;
Appropriate physician input in complex clinical cases and patient emergencies and for referrals; and
The advanced practice registered nurse's authority for signatures, certifications, stamps, verifications, affidavits, and endorsements provided it is:

a. In accordance with the specialty license of the advanced practice registered nurse and within the scope of practice of the patient care team physician;

b. Permitted by § 54.1-2957.02 or applicable sections of the Code of Virginia; and

c. Not in conflict with federal law or regulation.

E. The practice agreement shall be maintained by the advanced practice registered nurse and provided to the boards upon request. For advanced practice registered nurses providing care to patients within a hospital or health care system, the practice agreement may be included as part of documents delineating the nurse practitioner's clinical privileges or the electronic or written delineation of duties and responsibilities; however, the advanced practice registered nurse shall be responsible for providing a copy to the boards upon request.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957 of the Code of Virginia.
Historical Notes: Derived from VR495-02-1 and VR465-07-1 §§ 3.1 and 3.2, eff. June 22, 1989; amended, Virginia Register Volume 12, Issue 1, eff. November 1, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 17, Issue 7, eff. January 17, 2001; Volume 21, Issue 21, eff. July 27, 2005; Volume 23, Issue 14, eff. April 18, 2007; Volume 24, Issue 10, eff. February 20, 2008; Volume 25, Issue 5, eff. December 25, 2008; Volume 31, Issue 21, eff. July 15, 2015; Volume 33, Issue 1, eff. October 5, 2016; Volume 36, Issue 22, eff. July 22, 2020; Volume 38, Issue 4, eff. November 10, 2021; Volume 40, Issue 4, eff. November 8, 2023.

18VAC90-30-121 Practice of advanced practice registered nurses licensed as certified registered nurse anesthetists

A. An advanced practice registered nurse licensed in a category of certified registered nurse anesthetist shall be authorized to render care under the supervision of a licensed doctor of medicine, osteopathy, podiatry, or dentistry.

B. The practice of a certified registered nurse anesthetist shall be based on specialty education preparation as an advanced practice registered nurse in accordance with standards of the applicable certifying organization and with the functions and standards defined by the American Association of Nurse Anesthetists (Standards for Nurse Anesthesia Practice, Revised 2013).

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 10, eff. February 20, 2008; amended, Virginia Register Volume 25, Issue 5, eff. December 25, 2008; Volume 31, Issue 21, eff. July 15, 2015; Volume 40, Issue 4, eff. November 8, 2023.

18VAC90-30-122 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 31, Issue 21, eff. July 15, 2015; repealed, Virginia Register Volume 33, Issue 1, eff. October 5, 2016.

18VAC90-30-123 Practice of advanced practice registered nurses licensed as certified nurse midwives

A. An advanced practice registered nurse licensed in the category of certified nurse midwife who has practiced fewer than 1,000 hours shall practice in consultation with a licensed physician in accordance with a practice agreement between the advanced practice registered nurse and the physician or with an independent practice midwife who has practiced for at least two years prior to entering into the practice agreement. Such practice agreement shall address the availability of the physician or the independent practice midwife for routine and urgent consultation on patient care.

B. The practice agreement shall be maintained by the nurse midwife and provided to the boards upon request. For nurse midwives providing care to patients within a hospital or health care system, the practice agreement may be included as part of documents delineating the nurse midwife's clinical privileges or the electronic or written delineation of duties and responsibilities; however, the nurse midwife shall be responsible for providing a copy to the boards upon request.

C. An advanced practice registered nurse licensed in the category of a certified nurse midwife shall practice in accordance with the Standards for the Practice of Midwifery (Revised 2011) defined by the American College of Nurse-Midwives.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 1, eff. October 5, 2016; amended, Virginia Register Volume 38, Issue 4, eff. November 10, 2021; Volume 40, Issue 4, eff. November 8, 2023; Volume 42, Issue 4, eff. November 5, 2025.

18VAC90-30-124 Direction and supervision of laser hair removal

A. An advanced practice registered nurse, as authorized pursuant to § 54.1-2957 of the Code of Virginia, may perform or supervise the performance of laser hair removal upon completion of training in the following:

Skin physiology and histology;
Skin type and appropriate patient selection;
Laser safety;
Operation of laser device to be used;
Recognition of potential complications and response to any actual complication resulting from a laser hair removal treatment; and
A minimum number of 10 proctored patient cases with demonstrated competency in treating various skin types.

B. Advanced practice registered nurses who have been performing laser hair removal prior to August 7, 2019, are not required to complete the training specified in subsection A of this section.

C. An advanced practice registered nurse who delegates the practice of laser hair removal and provides supervision for such practice shall ensure the supervised person has completed the training required in subsection A of this section.

D. An advanced practice registered nurse who performs laser hair removal or who supervises others in the practice shall receive ongoing training as necessary to maintain competency in new techniques and laser devices. The advanced practice registered nurse shall ensure that persons the advanced practice registered nurse supervises also receive ongoing training to maintain competency.

E. An advanced practice registered nurse may delegate laser hair removal to a properly trained person under the advanced practice registered nurse's direction and supervision. Direction and supervision shall mean that the advanced practice registered nurse is readily available at the time laser hair removal is being performed. The supervising advanced practice registered nurse is not required to be physically present but is required to see and evaluate a patient for whom the treatment has resulted in complications prior to the continuance of laser hair removal treatment.

F. Prescribing of medication shall be in accordance with § 54.1-3303 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 35, Issue 23, eff. August 7, 2019; amended, Virginia Register Volume 40, Issue 4, eff. November 8, 2023.

18VAC90-30-125 Practice of advanced practice registered nurses licensed in the category of clinical nurse specialist

A. Advanced practice registered nurses licensed in the category of clinical nurse specialist who prescribe controlled substances or devices shall practice in consultation with a licensed physician in accordance with a practice agreement between the advanced practice registered nurse and the licensed physician.

B. Such practice agreement shall address the availability of the physician for routine and urgent consultation on patient care. Evidence of a practice agreement shall be maintained by an advanced practice registered nurse and provided to the boards upon request.

C. Advanced practice registered nurses licensed in the category of clinical nurse specialist who do not prescribe controlled substances or devices may practice in the category in which the advanced practice registered nurse is certified without a written or electronic practice agreement. Such advanced practice registered nurse shall:

Only practice within the scope of the advanced practice registered nurse's clinical and professional training and limits of the advanced practice registered nurse's knowledge and experience and consistent with the applicable standards of care;
Consult and collaborate with other health care providers based on the clinical condition of the patient to whom health care is provided; and
Establish a plan for referral of complex medical cases and emergencies to physicians or other appropriate health care providers.

D. The practice of clinical nurse specialists shall be consistent with the standards of care for the profession and with applicable laws and regulations.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 38, Issue 4, eff. November 10, 2021; amended, Virginia Register Volume 40, Issue 4, eff. November 8, 2023; Volume 41, Issue 8, eff. January 16, 2025.

18VAC90-30-130 [Reserved]. (Reserved)

18VAC90-30-140 (Repealed.)

Historical Notes

Derived from VR495-02-1 and VR465-07-1 §§ 3.3 and 3.4, eff. June 22, 1989; amended, Virginia Register Volume 12, Issue 1, eff. November 1, 1995; repealed, Virginia Register Volume 15, Issue 7, eff. January 20, 1999.

18VAC90-30-160 Prohibited practice

Practice as an advanced practice registered nurse shall be prohibited if the license as an advanced practice registered nurse or a registered nurse is lapsed, inactive, revoked, or suspended.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR495-02-1 and VR465-07-1 § 3.5, eff. June 22, 1989; amended, Virginia Register Volume 12, Issue 1, eff. November 1, 1995; Volume 15, Issue 7, eff. January 20, 1999; Volume 24, Issue 24, eff. September 3, 2008; Volume 40, Issue 4, eff. November 8, 2023.

18VAC90-30-170 (Repealed.)

Historical Notes

Derived from VR495-02-1, VR495-02-1 § 4.2 to 4.5 and VR495-07-1 § 4.1, eff. June 22, 1989; amended, Virginia Register Volume 12, Issue 1, eff. November 1, 1995; repealed, Virginia Register Volume 15, Issue 7, eff. January 20, 1999; repealed 18VAC90-30-170 through 18VAC90-30-210 comprised former Part IV of this chapter, and set forth criteria for approval of nurse practitioner education programs.

Part IV Disciplinary Provisions

18VAC90-30-220 Grounds for disciplinary action against the license of a licensed advanced practice registered nurse

The boards may deny licensure or relicensure, revoke or suspend the license, or take other disciplinary action upon proof that the advanced practice registered nurse:

Has had a license or multistate privilege to practice nursing in this Commonwealth or in another jurisdiction revoked or suspended or otherwise disciplined;
Has directly or indirectly represented to the public that the advanced practice registered nurse is a physician, or is able to, or will practice independently of a physician;
Has exceeded the authority as a licensed advanced practice registered nurse;
Has violated or cooperated in the violation of the laws or regulations governing the practice of medicine, nursing or advanced practice registered nurses;
Has become unable to practice with reasonable skill and safety to patients as the result of a physical or mental illness or the excessive use of alcohol, drugs, narcotics, chemicals, or any other type of material;
Has violated or cooperated with others in violating or attempting to violate any law or regulation, state or federal, relating to the possession, use, dispensing, administration, or distribution of drugs;
Has failed to comply with continuing competency requirements as set forth in 18VAC90-30-105;
Has willfully or negligently breached the confidentiality between a practitioner and a patient. A breach of confidentiality that is required or permitted by applicable law or beyond the control of the practitioner shall not be considered negligent or willful;
Has engaged in unauthorized use or disclosure of confidential information received from the Prescription Monitoring Program, the electronic system within the Department of Health Professions that monitors the dispensing of certain controlled substances; or
Has engaged in conversion therapy with a person younger than 18 years of age.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957 of the Code of Virginia.
Historical Notes: Derived from VR495-02-1 § 5.1, eff. June 22, 1989; amended, Virginia Register Volume 12, Issue 1, eff. November 1, 1995; Volume 18, Issue 15, eff. May 8, 2002; Volume 25, Issue 5, eff. December 25, 2008; Volume 35, Issue 21, eff. July 10, 2019; Volume 38, Issue 10, eff. February 2, 2022; Volume 40, Issue 4, eff. November 8, 2023.

18VAC90-30-230 Administrative proceedings

A. The provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) shall govern proceedings on questions of violation of 18VAC90-30-220.

B. Except as provided in 18VAC90-30-240, the Committee of the Joint Boards of Nursing and Medicine shall conduct all proceedings prescribed herein and shall take action on behalf of the boards.

C. When a person's license to practice nursing has been suspended or revoked by the Board of Nursing, the advanced practice registered nurse license shall be suspended pending a hearing simultaneously with the institution of proceedings for a hearing.

D. Sanctions or other terms and conditions imposed by consent orders entered by the Board of Nursing on the license to practice nursing may apply to the advanced practice registered nurse license, provided the consent order has been accepted by the Committee of the Joint Boards of Nursing and Medicine.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR495-02-1 § 5.2, eff. June 22, 1989; amended, Virginia Register Volume 12, Issue 1, eff. November 1, 1995; Volume 23, Issue 12, eff. March 21, 2007; Volume 25, Issue 5, eff. December 25, 2008; Volume 40, Issue 4, eff. November 8, 2023.

18VAC90-30-240 Delegation of proceedings

A. Decision to delegate. In accordance with subdivision 10 of § 54.1-2400 of the Code of Virginia, the Committee of the Joint Boards of Nursing and Medicine (committee) may delegate an informal fact-finding proceeding to an agency subordinate.

B. Criteria for delegation. Cases that involve intentional or negligent conduct that caused serious injury or harm to a patient may not be delegated to an agency subordinate, except as may be approved by the chair of the committee.

C. Criteria for an agency subordinate.

An agency subordinate authorized by the committee to conduct an informal fact-finding proceeding may include current or past board members and professional staff or other persons deemed knowledgeable by virtue of their training and experience in administrative proceedings involving the regulation and discipline of health professionals.
The Executive Director of the Board of Nursing shall maintain a list of appropriately qualified persons to whom an informal fact-finding proceeding may be delegated.
The committee may delegate to the executive director the selection of the agency subordinate who is deemed appropriately qualified to conduct a proceeding based on the qualifications of the subordinate and the type of case being heard.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 3, eff. November 29, 2007; amended, Virginia Register Volume 40, Issue 4, eff. November 8, 2023.

Chapter 40 Regulations for Prescriptive Authority for Advanced Practice Registered Nurses

Part I General Provisions

18VAC90-40-10 Definitions

The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"Acute pain" means pain that occurs within the normal course of a disease or condition or as the result of surgery for which controlled substances containing an opioid may be prescribed for no more than three months.

"Advanced practice registered nurse" means an advanced practice registered nurse who has met the requirements for licensure as an advanced practice registered nurse as stated in 18VAC90-30.

"Boards" means the Virginia Board of Medicine and the Virginia Board of Nursing.

"Chronic pain" means nonmalignant pain that goes beyond the normal course of a disease or condition for which controlled substances containing an opioid may be prescribed for a period greater than three months.

"Committee" means the Committee of the Joint Boards of Nursing and Medicine.

"FDA" means the U.S. Food and Drug Administration.

"MME" means morphine milligram equivalent.

"Nonprofit health care clinics or programs" means a clinic organized in whole or in part for the delivery of health care services without charge or when a reasonable minimum fee is charged only to cover administrative costs.

"Practice agreement" means a written or electronic agreement jointly developed by the patient care team physician and the advanced practice registered nurse for the practice of the advanced practice registered nurse that also describes the prescriptive authority of the advanced practice registered nurse, if applicable. For an advanced practice registered nurse licensed in the category of certified nurse midwife, the practice agreement is a statement jointly developed with the consulting physician or a certified nurse midwife with at least two years of clinical experience. For an advanced practice registered nurse licensed in the category of clinical nurse specialist, the practice agreement shall be between the advanced practice registered nurse and a consulting physician.

"Prescription Monitoring Program" means the electronic system within the Department of Health Professions that monitors the dispensing of certain controlled substances.

"SAMHSA" means the federal Substance Abuse and Mental Health Services Administration.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957 of the Code of Virginia.
Historical Notes: Derived from VR495-03-1 and VR465-12-1 § 1.1, eff. August 15, 1992; amended, Virginia Register Volume 16, Issue 21, eff. August 2, 2000; Volume 25, Issue 5, eff. December 25, 2008; Volume 31, Issue 21, eff. July 15, 2015; Volume 33, Issue 1, eff. October 5, 2016; Volume 35, Issue 21, eff. July 10, 2019; Volume 38, Issue 4, eff. November 10, 2021; Volume 40, Issue 4, eff. November 8, 2023.

18VAC90-40-20 Authority and administration of regulations

A. The statutory authority for this chapter is found in §§ 54.1-2957.01, 54.1-3303, 54.1-3401, and 54.1-3408 of the Code of Virginia.

B. Joint boards of nursing and medicine.

The Committee of the Joint Boards of Nursing and Medicine shall be appointed to administer this chapter governing prescriptive authority.
The boards hereby delegate to the Executive Director of the Virginia Board of Nursing the authority to issue the initial authorization to those persons who meet the requirements set forth in this chapter and to grant extensions or exemptions for compliance with continuing competency requirements as set forth in subsection E of 18VAC90-40-55. Questions of eligibility shall be referred to the committee.
All records and files related to prescriptive authority for advanced practice registered nurses shall be maintained in the office of the Board of Nursing.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.1 of the Code of Virginia.
Historical Notes: Derived from VR495-03-1 and VR465-12-1 § 1.2, eff. August 15, 1992; amended, Virginia Register Volume 13, Issue 20, eff. July 23, 1997; Volume 18, Issue 15, eff. May 8, 2002; Volume 25, Issue 5, eff. December 25, 2008; Volume 36, Issue 12, eff. March 4, 2020; Volume 40, Issue 4, eff. November 8, 2023.

18VAC90-40-21 Patient counseling for opioids

A. Prior to issuing a prescription for an opioid to treat acute or chronic pain, practitioners must provide patient counseling on the following:

The risks of addiction and overdose associated with opioid drugs and the dangers of taking opioid drugs with alcohol, benzodiazepines, and other central nervous system depressants;
The reasons why the prescription is necessary;
Alternative treatments that may be available; and
Risks associated with the use of the drugs being prescribed, specifically that opioids are highly addictive, even when taken as prescribed, that there is a risk of developing a physical or psychological dependence on the controlled dangerous substance, and that the risks of taking more opioids than prescribed or mixing sedatives, benzodiazepines, or alcohol with opioids can result in fatal respiratory depression.

Such patient counseling shall be documented in the patient's medical record.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 41, Issue 4, eff. November 6, 2024.

Part II Approval for Prescriptive Authority

18VAC90-40-30 Authority to prescribe, general

A. No licensed advanced practice registered nurse shall have authority to prescribe certain controlled substances and devices in the Commonwealth of Virginia except in accordance with this chapter and as authorized by the boards.

B. The boards shall approve prescriptive authority for applicants who meet the qualifications set forth in 18VAC90-40-40.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.01 of the Code of Virginia.
Historical Notes: Derived from VR495-03-1 and VR465-12-1 § 2.1, eff. August 15, 1992; amended, Virginia Register Volume 40, Issue 4, eff. November 8, 2023.

18VAC90-40-40 Qualifications for initial approval of prescriptive authority

An applicant for prescriptive authority shall meet the following requirements:

Hold a current, unrestricted license as an advanced practice registered nurse in the Commonwealth of Virginia;
Provide evidence of one of the following:

a. Continued professional certification as required for initial licensure as an advanced practice registered nurse;

b. Satisfactory completion of a graduate level course in pharmacology or pharmacotherapeutics obtained as part of the advanced practice registered nurse education program within the five years prior to submission of the application;

c. Practice as an advanced practice registered nurse for no less than 1,000 hours and 15 continuing education units related to the area of practice for each of the two years immediately prior to submission of the application; or

d. Thirty contact hours of education in pharmacology or pharmacotherapeutics acceptable to the boards taken within five years prior to submission of the application. The 30 contact hours may be obtained in a formal academic setting as a discrete offering or as noncredit continuing education offerings and shall include the following course content:

(1) Applicable federal and state laws;

(2) Prescription writing;

(3) Drug selection, dosage, and route;

(4) Drug interactions;

(5) Information resources; and

(6) Clinical application of pharmacology related to specific scope of practice;

Develop a practice agreement between the advanced practice registered nurse and the patient care team physician as required in 18VAC90-40-90; and
File a completed application and pay the fees as required in 18VAC90-40-70.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR495-03-1 and VR465-12-1 § 2.2, eff. August 15, 1992; amended, Virginia Register Volume 25, Issue 5, eff. December 25, 2008; Volume 31, Issue 21, eff. July 15, 2015; Volume 38, Issue 11, eff. April 1, 2022; Volume 40, Issue 4, eff. November 8, 2023.

18VAC90-40-50 (Repealed.)

History

Historical Notes: Derived from VR495-03-1 and VR465-12-1 § 2.3, eff. August 15, 1992; amended, Virginia Register Volume 13, Issue 20, eff. July 23, 1997; Volume 18, Issue 15, eff. May 8, 2002; Volume 25, Issue 5, eff. December 25, 2008; repealed, Virginia Register Volume 36, Issue 12, eff. March 4, 2020.

18VAC90-40-55 Continuing competency requirements

A. A licensee with prescriptive authority shall meet continuing competency requirements for biennial renewal as a licensed advanced practice registered nurse. Such requirements shall address issues such as ethical practice, an appropriate standard of care, patient safety, and appropriate communication with patients.

B. An advanced practice registered nurse with prescriptive authority shall obtain a total of eight hours of continuing education in pharmacology or pharmacotherapeutics for each biennium in addition to the minimal requirements for compliance with subsection B of 18VAC90-30-105.

C. The advanced practice registered nurse with prescriptive authority shall retain evidence of compliance and all supporting documentation for a period of four years following the renewal period for which the records apply.

E. The boards may delegate to the committee the authority to grant an extension or an exemption for all or part of the requirements for circumstances beyond the control of the licensee, such as temporary disability, mandatory military service, or officially declared disasters.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 18, Issue 15, eff. May 8, 2002; amended, Virginia Register Volume 25, Issue 5, eff. December 25, 2008; Volume 36, Issue 12, eff. March 4, 2020; Volume 40, Issue 4, eff. November 8, 2023.

18VAC90-40-60 (Repealed.)

History

Historical Notes: Derived from VR495-03-1 and VR465-12-1 § 2.4, eff. August 15, 1992; amended, Virginia Register Volume 17, Issue 13, eff. April 11, 2001; Volume 18, Issue 15, eff. May 8, 2002; Volume 25, Issue 5, eff. December 25, 2008; Volume 31, Issue 21, eff. July 15, 2015; repealed, Virginia Register Volume 36, Issue 12, eff. March 4, 2020.

18VAC90-40-70 Fees for prescriptive authority

The following fees have been established by the boards:

| | 1. Initial issuance of prescriptive authority | $35 | | --- | --- | --- | | | 2. Handling fee for returned check or dishonored credit or debit card | $50 |

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.1 of the Code of Virginia.
Historical Notes: Derived from VR495-03-1 and VR465-12-1 § 2.5, eff. August 15, 1992; amended, Virginia Register Volume 17, Issue 13, eff. April 11, 2001; Volume 22, Issue 12, eff. March 22, 2006; Volume 27, Issue 20, eff. July 6, 2011; Volume 33, Issue 18, eff. May 31, 2017; Volume 36, Issue 11, eff. March 5, 2020; Volume 36, Issue 12, eff. March 4, 2020.

18VAC90-40-80 (Repealed.)

Historical Notes

Derived from VR495-03-1 and VR465-12-1 § 3.1, eff. August 15, 1992; repealed, Virginia Register Volume 16, Issue 21, eff. August 2, 2000.

Part III Practice Requirements

18VAC90-40-90 Practice agreement

A. With the exceptions listed in subsection E of this section, an advanced practice registered nurse with prescriptive authority may prescribe only within the scope of the written or electronic practice agreement with a patient care team physician.

B. At any time there are changes in the patient care team physician, authorization to prescribe, or scope of practice, the advanced practice registered nurse shall revise the practice agreement and maintain the revised agreement.

C. The practice agreement shall contain the following:

A description of the prescriptive authority of the advanced practice registered nurse within the scope allowed by law and the practice of the advanced practice registered nurse.
An authorization for categories of drugs and devices within the requirements of § 54.1-2957.01 of the Code of Virginia.
The signature of the patient care team physician who is practicing with the advanced practice registered nurse or a clear statement of the name of the patient care team physician who has entered into the practice agreement.

D. In accordance with § 54.1-2957.01 of the Code of Virginia, a physician shall not serve as a patient care team physician to more than six advanced practice registered nurses with prescriptive authority at any one time.

E. Exceptions.

An advanced practice registered nurse licensed in the category of certified nurse midwife and holding a license for prescriptive authority may prescribe in accordance with a written or electronic practice agreement with a consulting physician or with a certified nurse midwife who has practiced for at least two years prior to entering into a practice agreement. An advanced practice registered nurse in the category of certified nurse midwife who has qualified for autonomous practice as set forth in 18VAC90-30-87 may prescribe without a practice agreement.
An advanced practice registered nurse licensed in the category of a clinical nurse specialist and holding authorization for prescriptive authority may prescribe in accordance with a written or electronic practice agreement with a consulting physician or may prescribe Schedule VI controlled substances without the requirement for inclusion of such prescriptive authority in a practice agreement.
An advanced practice registered nurse who is licensed in a category other than certified nurse midwife, certified registered nurse anesthetist, or clinical nurse specialist, and who has met the qualifications for autonomous practice as set forth in 18VAC90-30-86 may prescribe without a practice agreement with a patient care team physician.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957 of the Code of Virginia.
Historical Notes: Derived from VR495-03-1 and VR465-12-1 § 3.2, eff. August 15, 1992; amended, Virginia Register Volume 16, Issue 21, eff. August 2, 2000; Volume 25, Issue 5, eff. December 25, 2008; Volume 31, Issue 21, eff. July 15, 2015; Volume 33, Issue 1, eff. October 5, 2016; Volume 36, Issue 22, eff. July 22, 2020; Volume 38, Issue 4, eff. November 10, 2021; Volume 40, Issue 4, eff. November 8, 2023.

18VAC90-40-100 (Repealed.)

History

Historical Notes: Derived from VR495-03-1 and VR465-12-1 § 3.3, eff. August 15, 1992; amended, Virginia Register Volume 13, Issue 20, eff. July 23, 1997; Volume 19, Issue 7, eff. January 15, 2003; Volume 24, Issue 6, eff. January 11, 2008; Volume 25, Issue 5, eff. December 25, 2008; repealed, Virginia Register Volume 31, Issue 21, eff. July 15, 2015.

18VAC90-40-110 Disclosure

A. The advanced practice registered nurse shall include on each prescription issued or dispensed his signature and the Drug Enforcement Administration (DEA) number, when applicable. If the advanced practice registered nurse's practice agreement authorizes prescribing of only Schedule VI drugs and the advanced practice registered nurse does not have a DEA number, he shall include the prescriptive authority number as issued by the boards.

B. The advanced practice registered nurse shall disclose to patients at the initial encounter that he is a licensed advanced practice registered nurse. Such disclosure may be included on a prescription pad or may be given in writing to the patient.

C. The advanced practice registered nurse shall disclose, upon request of a patient or a patient's legal representative, the name of the patient care team physician and information regarding how to contact the patient care team physician.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.1 of the Code of Virginia.
Historical Notes: Derived from VR495-03-1 and VR465-12-1 § 3.4, eff. August 15, 1992; amended, Virginia Register Volume 19, Issue 7, eff. January 15, 2003; Volume 31, Issue 21, eff. July 15, 2015; Volume 36, Issue 12, eff. March 4, 2020; Volume 40, Issue 4, eff. November 8, 2023.

18VAC90-40-120 Dispensing

An advanced practice registered nurse may dispense only those manufacturers' samples of drugs that are included in the written or electronic practice agreement.

History

Statutory Authority: §§ 54.1-2400, 54.1-2957, and 54.1-2957.01 of the Code of Virginia.
Historical Notes: Derived from VR495-03-1 and VR465-12-1 § 3.5, eff. August 15, 1992; amended, Virginia Register Volume 16, Issue 21, eff. August 2, 2000; Volume 19, Issue 7, eff. January 15, 2003; Volume 34, Issue 9, eff. February 8, 2018; Volume 40, Issue 4, eff. November 8, 2023.

18VAC90-40-121 Prescribing for self or family

A. Treating or prescribing shall be based on a bona fide practitioner-patient relationship, and prescribing shall meet the criteria set forth in § 54.1-3303 of the Code of Virginia.

B. An advanced practice registered nurse shall not prescribe a controlled substance to himself or a family member, other than Schedule VI as defined in § 54.1-3455 of the Code of Virginia, unless the prescribing occurs in an emergency situation or in isolated settings where there is no other qualified practitioner available to the patient, or it is for a single episode of an acute illness through one prescribed course of medication.

C. When treating or prescribing for self or family, the advanced practice registered nurse shall maintain a patient record documenting compliance with statutory criteria for a bona fide practitioner-patient relationship.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 25, 2008; amended, Virginia Register Volume 40, Issue 4, eff. November 8, 2023.

18VAC90-40-122 Waiver for electronic prescribing

A. Beginning July 1, 2020, a prescription for a controlled substance that contains an opioid shall be issued as an electronic prescription consistent with § 54.1-3408.02 of the Code of Virginia, unless the prescription qualifies for an exemption as set forth in subsection C of § 54.1-3408.02.

B. Upon written request, the boards may grant a one-time waiver of the requirement of subsection A of this section for a period not to exceed one year, due to demonstrated economic hardship, technological limitations that are not reasonably within the control of the prescriber, or other exceptional circumstances demonstrated by the prescriber.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3408.02 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 38, Issue 10, eff. February 2, 2022.

Part IV Discipline

18VAC90-40-130 Grounds for disciplinary action

A. The boards may deny approval of prescriptive authority, revoke or suspend authorization, or take other disciplinary actions against an advanced practice registered nurse who:

Exceeds the advanced practice registered nurse's authority to prescribe or prescribes outside of the written or electronic practice agreement with the patient care team physician or, for certified nurse midwives, the practice agreement with the consulting physician;
Has had his license as r an advanced practice registered nurse suspended, revoked, or otherwise disciplined by the boards pursuant to 18VAC90-30-220; or
Fails to comply with requirements for continuing competency as set forth in 18VAC90-40-55.

B. Unauthorized use or disclosure of confidential information received from the Prescription Monitoring Program shall be grounds for disciplinary action.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957 of the Code of Virginia.
Historical Notes: Derived from VR495-03-1 and VR465-12-1 § 4.1, eff. August 15, 1992; amended, Virginia Register Volume 18, Issue 15, eff. May 8, 2002; Volume 25, Issue 5, eff. December 25, 2008; Volume 26, Issue 25, eff. September 15, 2010; Volume 31, Issue 21, eff. July 15, 2015; Volume 33, Issue 1, eff. October 5, 2016; Volume 40, Issue 4, eff. November 8, 2023.

18VAC90-40-140 Administrative proceedings

A. Except as provided for delegation of proceedings to an agency subordinate in 18VAC90-30-240, the Committee of the Joint Boards of Nursing and Medicine shall conduct all hearings prescribed herein and shall take action on behalf of the boards.

B. The advanced practice registered nurse with prescriptive authority shall be subjective to the grounds for disciplinary action set forth in 18VAC90-30-220.

C. When the license of an advanced practice registered nurse has been suspended or revoked by the joint boards, prescriptive authority shall be suspended pending a hearing simultaneously with the institution of proceedings for a hearing.

D. Any violation of law or of this chapter may result in disciplinary action including the revocation or suspension of prescriptive authority and may also result in additional sanctions imposed on the license of the advanced practice registered nurse by the joint boards or upon the license of the registered nurse by the Board of Nursing.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR495-03-1 § 4.2, eff. August 15, 1992; amended, Virginia Register Volume 23, Issue 12, eff. March 21, 2007; Volume 25, Issue 5, eff. December 25, 2008; Volume 40, Issue 4, eff. November 8, 2023.

Part V Management of Acute Pain

18VAC90-40-150 Evaluation of the patient for acute pain

A. The requirements of this part shall not apply to:

The treatment of acute pain related to (i) cancer, (ii) sickle cell, (iii) a patient in hospice care, or (iv) a patient in palliative care;
The treatment of acute pain during an inpatient hospital admission or in a nursing home or an assisted living facility that uses a sole source pharmacy; or
A patient enrolled in a clinical trial as authorized by state or federal law.

B. Nonpharmacologic and non-opioid treatment for pain shall be given consideration prior to treatment with opioids. If an opioid is considered necessary for the treatment of acute pain, the practitioner shall give a short-acting opioid in the lowest effective dose for the fewest possible days.

C. Prior to initiating treatment with a controlled substance containing an opioid for a complaint of acute pain, the prescriber shall perform a history and physical examination appropriate to the complaint, query the Prescription Monitoring Program as set forth in § 54.1-2522.1 of the Code of Virginia, and conduct an assessment of the patient's history and risk of substance misuse as a part of the initial evaluation.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 35, Issue 21, eff. July 10, 2019.

18VAC90-40-160 Treatment of acute pain with opioids

A. Initiation of opioid treatment for patients with acute pain shall be with short-acting opioids .

A prescriber providing treatment for a patient with acute pain shall not prescribe a controlled substance containing an opioid in a quantity that exceeds a seven-day supply as determined by the manufacturer's directions for use, unless extenuating circumstances are clearly documented in the medical record. This shall also apply to prescriptions of a controlled substance containing an opioid upon discharge from an emergency department.
An opioid prescribed as part of treatment for a surgical procedure shall be for no more than 14 consecutive days in accordance with manufacturer's direction and within the immediate perioperative period, unless extenuating circumstances are clearly documented in the medical record.

B. Initiation of opioid treatment for all patients shall include the following:

The practitioner shall carefully consider and document in the medical record the reasons to exceed 50 MME per day.
Prior to exceeding 120 MME per day, the practitioner shall document in the medical record the reasonable justification for such doses or refer to or consult with a pain management specialist.
Naloxone shall be prescribed for any patient when risk factors of prior overdose, substance misuse, doses in excess of 120 MME per day, or concomitant benzodiazepine are present.

C. Due to a higher risk of fatal overdose when opioids are used with benzodiazepines, sedative hypnotics, carisoprodol, and tramadol (an atypical opioid), the prescriber shall only co-prescribe these substances when there are extenuating circumstances and shall document in the medical record a tapering plan to achieve the lowest possible effective doses if these medications are prescribed.

D. Buprenorphine is not indicated for acute pain in the outpatient setting, except when a prescriber who has obtained a SAMHSA waiver is treating pain in a patient whose primary diagnosis is the disease of addiction.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 35, Issue 21, eff. July 10, 2019.

18VAC90-40-170 Medical records for acute pain

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 35, Issue 21, eff. July 10, 2019.

Part VI Management of Chronic Pain

18VAC90-40-180 Evaluation of the chronic pain patient

A. The requirements of this part shall not apply to:

The treatment of chronic pain related to (i) cancer, (ii) sickle cell, (iii) a patient in hospice care, or (iv) a patient in palliative care;
The treatment of chronic pain during an inpatient hospital admission or in a nursing home or an assisted living facility that uses a sole source pharmacy; or
A patient enrolled in a clinical trial as authorized by state or federal law.

B. Prior to initiating management of chronic pain with a controlled substance containing an opioid, a medical history and physical examination, to include a mental status examination, shall be performed and documented in the medical record, including:

The nature and intensity of the pain;
Current and past treatments for pain;
Underlying or coexisting diseases or conditions;
The effect of the pain on physical and psychological function, quality of life, and activities of daily living;
Psychiatric, addiction, and substance misuse histories of the patient and any family history of addiction or substance misuse;
A urine drug screen or serum medication level;
A query of the Prescription Monitoring Program as set forth in § 54.1-2522.1 of the Code of Virginia;
An assessment of the patient's history and risk of substance misuse; and
A request for prior applicable records.

C. Prior to initiating opioid analgesia for chronic pain, the practitioner shall discuss with the patient the known risks and benefits of opioid therapy and the responsibilities of the patient during treatment to include securely storing the drug and properly disposing of any unwanted or unused drugs. The practitioner shall also discuss with the patient an exit strategy for the discontinuation of opioids in the event they are not effective.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 35, Issue 21, eff. July 10, 2019.

18VAC90-40-190 Treatment of chronic pain with opioids

A. Nonpharmacologic and non-opioid treatment for pain shall be given consideration prior to treatment with opioids.

B. In initiating opioid treatment for all patients, the practitioner shall:

Carefully consider and document in the medical record the reasons to exceed 50 MME per day;
Prior to exceeding 120 MME per day, the practitioner shall document in the medical record the reasonable justification for such doses or refer to or consult with a pain management specialist;
Prescribe naloxone for any patient when risk factors of prior overdose, substance misuse, doses in excess of 120 MME per day, or concomitant benzodiazepine are present; and
Document the rationale to continue opioid therapy every three months.

C. Buprenorphine mono-product in tablet form shall not be prescribed for chronic pain.

E. The practitioner shall regularly evaluate for opioid use disorder and shall initiate specific treatment for opioid use disorder, consult with an appropriate health care provider, or refer the patient for evaluation for treatment if indicated.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 35, Issue 21, eff. July 10, 2019.

18VAC90-40-200 Treatment plan for chronic pain

C. The prescriber shall record in the medical records the presence or absence of any indicators for medication misuse or diversion and take appropriate action.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 35, Issue 21, eff. July 10, 2019.

18VAC90-40-210 Informed consent and agreement for treatment of chronic pain

A. The practitioner shall document in the medical record informed consent, to include risks, benefits, and alternative approaches, prior to the initiation of opioids for chronic pain.

B. There shall be a written treatment agreement, signed by the patient, in the medical record that addresses the parameters of treatment, including those behaviors that will result in referral to a higher level of care, cessation of treatment, or dismissal from care.

C. The treatment agreement shall include notice that the practitioner will query and receive reports from the Prescription Monitoring Program and permission for the practitioner to:

Obtain urine drug screen or serum medication levels, when requested; and
Consult with other prescribers or dispensing pharmacists for the patient.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 35, Issue 21, eff. July 10, 2019.

18VAC90-40-220 Opioid therapy for chronic pain

A. The practitioner shall review the course of pain treatment and any new information about the etiology of the pain or the patient's state of health at least every three months.

B. Continuation of treatment with opioids shall be supported by documentation of continued benefit from the prescribing. If the patient's progress is unsatisfactory, the practitioner shall assess the appropriateness of continued use of the current treatment plan and consider the use of other therapeutic modalities.

C. Practitioners shall check the Prescription Monitoring Program at least every three months after the initiation of treatment.

D. The practitioner shall order and review a urine drug screen or serum medication levels at the initiation of chronic pain management and thereafter randomly at the discretion of the practitioner but at least once a year.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 35, Issue 21, eff. July 10, 2019.

18VAC90-40-230 Additional consultation

A. When necessary to achieve treatment goals, the prescriber shall refer the patient for additional evaluation and treatment.

B. When a practitioner makes the diagnosis of opioid use disorder, treatment for opioid use disorder shall be initiated or the patient shall be referred for evaluation and treatment.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 35, Issue 21, eff. July 10, 2019.

18VAC90-40-240 Medical records

The prescriber shall keep current, accurate, and complete records in an accessible manner and readily available for review to include:

The medical history and physical examination;
Past medical history;
Applicable records from prior treatment providers or any documentation of attempts to obtain those records;
Diagnostic, therapeutic, and laboratory results;
Evaluations and consultations;
Treatment goals;
Discussion of risks and benefits;
Informed consent and agreement for treatment;
Treatments;
Medications, including date, type, dosage and quantity prescribed, and refills;
Patient instructions; and
Periodic reviews.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 35, Issue 21, eff. July 10, 2019.

Part VII Prescribing of Buprenorphine

18VAC90-40-250 General provisions

A. Practitioners engaged in office-based opioid addiction treatment with buprenorphine shall have obtained a waiver from SAMHSA and the appropriate U.S. Drug Enforcement Administration registration.

B. Practitioners shall abide by all federal and state laws and regulations governing the prescribing of buprenorphine for the treatment of opioid use disorder.

C. Advanced practice registered nurses who have obtained a SAMHSA waiver shall only prescribe buprenorphine for opioid addiction pursuant to a practice agreement with a SAMHSA-waivered doctor of medicine or doctor of osteopathic medicine unless the advanced practice registered nurse has been authorized by the boards for autonomous practice.

D. Practitioners engaged in medication-assisted treatment shall either provide counseling in their practice or refer the patient to a mental health service provider, as defined in § 54.1-2400.1 of the Code of Virginia, who has the education and experience to provide substance misuse counseling. The practitioner shall document provision of counseling or referral in the medical record.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 35, Issue 21, eff. July 10, 2019; amended, Virginia Register Volume 40, Issue 4, eff. November 8, 2023.

18VAC90-40-260 Patient assessment and treatment planning

B. The treatment plan shall include the practitioner's rationale for selecting medication assisted treatment, patient education, written informed consent, how counseling will be accomplished, and a signed treatment agreement that outlines the responsibilities of the patient and the practitioner.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 35, Issue 21, eff. July 10, 2019.

18VAC90-40-270 Treatment with buprenorphine

A. Buprenorphine without naloxone (buprenorphine mono-product) shall not be prescribed except:

When a patient is pregnant;
When converting a patient from methadone or buprenorphine mono-product to buprenorphine containing naloxone for a period not to exceed seven days;
In formulations other than tablet form for indications approved by the FDA; or
For patients who have a demonstrated intolerance to naloxone; such prescriptions for the mono-product shall not exceed 3.0% of the total prescriptions for buprenorphine written by the prescriber, and the exception shall be clearly documented in the patient's medical record.

C. The evidence for the decision to use buprenorphine mono-product shall be fully documented in the medical record.

E. Prior to starting medication-assisted treatment, the practitioner shall perform a check of the Prescription Monitoring Program.

F. During the induction phase, except for medically indicated circumstances as documented in the medical record, patients should be started on no more than eight milligrams of buprenorphine per day. The patient shall be seen by the prescriber at least once a week.

H. Practitioners shall take steps to reduce the chances of buprenorphine diversion by using the lowest effective dose, appropriate frequency of office visits, pill counts, and checks of the Prescription Monitoring Program. The practitioner shall also require urine drug screens or serum medication levels at least every three months for the first year of treatment and at least every six months thereafter.

I. Documentation of the rationale for prescribed doses exceeding 16 milligrams of buprenorphine per day shall be placed in the medicalrecord. Dosages exceeding 24 milligrams of buprenorphine per day shall not be prescribed.

J. The practitioner shall incorporate relapse prevention strategies into counseling or assure that they are addressed by a mental health service provider, as defined in § 54.1-2400.1 of the Code of Virginia, who has the education and experience to provide substance misuse counseling.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 35, Issue 21, eff. July 10, 2019.

18VAC90-40-280 Special populations

A. Pregnant women may be treated with the buprenorphine mono-product, usually 16 milligrams per day or less.

B. Patients younger than the age of 16 years shall not be prescribed buprenorphine for addiction treatment unless such treatment is approved by the FDA.

C. The progress of patients with chronic pain shall be assessed by reduction of pain and functional objectives that can be identified, quantified, and independently verified.

D. Practitioners shall (i) evaluate patients with medical comorbidities by history, physical exam, and appropriate laboratory studies and (ii) be aware of interactions of buprenorphine with other prescribed medications.

E. Practitioners shall not undertake buprenorphine treatment with a patient who has psychiatric comorbidities and is not stable. A patient who is determined by the practitioner to be psychiatrically unstable shall be referred for psychiatric evaluation and treatment prior to initiating medication-assisted treatment.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 35, Issue 21, eff. July 10, 2019.

18VAC90-40-290 Medical records for opioid addiction treatment

A. Records shall be timely, accurate, legible, complete, and readily accessible for review.

B. The treatment agreement and informed consent shall be maintained in the medical record.

C. Confidentiality requirements of 42 CFR Part 2 shall be followed.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 35, Issue 21, eff. July 10, 2019.

Chapter 50 Regulations Governing the Licensure of Massage Therapists

Part I General Provisions

18VAC90-50-10 Definitions

A. The following words and terms when used in this chapter shall have the meanings ascribed to them in § 54.1-3000 of the Code of Virginia:

"Board"

"Massage therapist"

"Massage therapy"

B. The following word when used in this chapter shall have the following meaning unless the context clearly indicates otherwise:

"NCBTMB" means the National Certification Board for Therapeutic Massage and Bodywork.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 24, eff. September 17, 1997; amended, Virginia Register Volume 19, Issue 7, eff. January 15, 2003; Errata, 19:8 VA.R. 1273 December 30, 2002; amended, Virginia Register Volume 25, Issue 4, eff. December 11, 2008; Volume 32, Issue 26, eff. September 21, 2016.

18VAC90-50-20 Operational requirements

A. Requirements for current mailing address.

Each applicant or licensee shall maintain a current address of record with the board. Any change in the address of record or the public address, if different from the address of record, shall be submitted electronically or in writing to the board within 30 days of such change.
All required notices mailed by the board to any applicant or licensee shall be validly given when mailed to the latest address of record on file with the board.

B. A licensee who has had a change of name shall submit as legal proof to the board a copy of the marriage certificate, a certificate of naturalization, or a court order evidencing the change. A duplicate license shall be issued by the board upon receipt of such evidence and the required fee.

C. Each licensed massage therapist shall conspicuously post his current Virginia license in a public area at his practice location.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 24, eff. September 17, 1997; amended, Virginia Register Volume 25, Issue 17, eff. July 1, 2009; Volume 29, Issue 22, eff. August 15, 2013; Volume 32, Issue 26, eff. September 21, 2016.

18VAC90-50-30 Fees

A. Fees listed in this section shall be payable to the Treasurer of Virginia and shall not be refunded unless otherwise provided.

B. Fees required by the board are:

| 1. Application and initial licensure | $140 | | --- | --- | | 2. Biennial renewal | $95 | | 3. Late renewal | $30 | | 4. Reinstatement of licensure | $150 | | 5. Reinstatement after suspension or revocation | $200 | | 6. Duplicate license | $15 | | 7. Replacement wall certificate | $25 | | 8. Verification of licensure | $35 | | 9. Transcript of all or part of applicant/licensee records | $35 | | 10. Handling fee for returned check or dishonored credit card or debit card | $50 |

C. For renewal of licensure from July 1, 2017, through June 30, 2019, the following fee shall be in effect:

| Biennial renewal | $71 | | --- | --- |

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 24, eff. September 17, 1997; amended, Virginia Register Volume 17, Issue 11, eff. March 14, 2001; Volume 22, Issue 12, eff. March 22, 2006; Volume 27, Issue 20, eff. July 6, 2011; Volume 32, Issue 26, eff. September 21, 2016; Volume 33, Issue 16, eff. May 3, 2017; Volume 36, Issue 9, eff. February 6, 2020.

Part II Requirements for Licensure

18VAC90-50-40 Initial licensure

A. An applicant seeking initial licensure shall submit a completed application and required fee and verification of meeting the requirements of § 54.1-3029 A of the Code of Virginia as follows:

Is at least 18 years old;
Has successfully completed a massage therapy educational program that required a minimum of 500 hours of training. The massage therapy educational program shall be certified or approved by the State Council of Higher Education for Virginia or an agency in another state, the District of Columbia, or a United States territory that approves educational programs, notwithstanding the provisions of § 23.1-226 of the Code of Virginia;
Has passed the Licensing Examination of the Federation of State Massage Therapy Boards, or an exam deemed acceptable to the board;
Has not committed any acts or omissions that would be grounds for disciplinary action or denial of certification as set forth in § 54.1-3007 of the Code of Virginia and 18VAC90-50-90; and
Has completed a criminal history background check as required by § 54.1-3005.1 of the Code of Virginia.

B. An applicant shall attest that he has read and will comply with laws and regulations and the professional code of ethics relating to massage therapy.

C. An applicant who completed a massage therapy educational program in a foreign country may apply for licensure as a massage therapist upon submission of evidence satisfactory to the board that the applicant:

Is at least 18 years old;
Has successfully completed a massage therapy educational program in a foreign country that is comparable to a massage therapy educational program required for licensure by the board as demonstrated by submission of evidence of comparability and equivalency provided by an agency that evaluates credentials for persons who have studied outside the United States;
Has passed a board-approved English language proficiency examination; and
Has not committed any acts or omissions that would be grounds for disciplinary action or denial of licensure as set forth in Chapter 30 (§ 54.1-3000 et seq.) of Title 54.1 of the Code of Virginia.

The board shall issue a license to an applicant who meets the requirements in this subsection upon submission by the applicant of evidence satisfactory to the board that the applicant has completed an English version of the Licensing Examination of the Federation of State Massage Therapy Boards or a comparable examination deemed acceptable to the board.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 24, eff. September 17, 1997; amended, Virginia Register Volume 19, Issue 7, eff. January 15, 2003; Errata, 19:8 VA.R. 1273 December 30, 2002; amended, Virginia Register Volume 25, Issue 4, eff. December 11, 2008; Volume 28, Issue 25, eff. September 12, 2012; Volume 29, Issue 22, eff. August 15, 2013; Volume 32, Issue 26, eff. September 21, 2016; Volume 34, Issue 9, eff. January 24, 2018; Volume 37, Issue 1, eff. September 30, 2020.

18VAC90-50-50 Licensure by endorsement

A. A massage therapist who has been licensed in another United States jurisdiction with requirements substantially equivalent to those stated in 18VAC90-50-40 and who is in good standing or is eligible for reinstatement, if lapsed, shall be eligible to apply for licensure by endorsement in Virginia.

B. An applicant for licensure by endorsement shall submit a completed application and required fee, including a criminal history background check as required by § 54.1-3005.1 of the Code of Virginia, to the board and shall submit the required form to the appropriate credentialing agency in the state of original licensure or certification for verification.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 24, eff. September 17, 1997; amended, Virginia Register Volume 19, Issue 7, eff. January 15, 2003; Errata, 19:8 VA.R. 1273 December 30, 2002; amended, Virginia Register Volume 32, Issue 26, eff. September 21, 2016.

18VAC90-50-60 Provisional licensure

A. An eligible candidate who has filed a completed application for licensure in Virginia, including completion of education requirements, may engage in the provisional practice of massage therapy in Virginia while waiting to take the licensing examination for a period not to exceed 90 days from the date on the written authorization from the board. A provisional license may be issued for one 90-day period and may not be renewed.

B. The designation of "massage therapist" or "licensed massage therapist" shall not be used by the applicant during the 90 days of provisional licensure.

C. An applicant who fails the licensing examination shall have his provisional licensure withdrawn upon the receipt of the examination results and shall not be eligible for licensure until he passes such examination.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 24, eff. September 17, 1997; amended, Virginia Register Volume 19, Issue 7, eff. January 15, 2003; Errata 19:8 VA.R. 1273 December 30, 2002; amended, Virginia Register Volume 29, Issue 22, eff. August 15, 2013; Volume 32, Issue 26, eff. September 21, 2016; Volume 34, Issue 9, eff. January 24, 2018.

Part III Renewal and Reinstatement

18VAC90-50-70 Renewal of licensure

B. The licensee shall complete the renewal form and submit it with the required fee and attest that he has complied with continuing competency requirements of 18VAC90-50-75.

C. Failure to receive the application for renewal shall not relieve the licensed massage therapist of the responsibility for renewing the license by the expiration date.

D. The license shall automatically lapse by the last day of the birth month if not renewed, and the practice of massage therapy or use of the title "massage therapist" or "licensed massage therapist" is prohibited.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 24, eff. September 17, 1997; amended, Virginia Register Volume 19, Issue 7, eff. January 15, 2003; Errata, 19:8 VA.R. 1273 December 30, 2002; amended Virginia Register Volume 29, Issue 22, eff. August 15, 2013; Volume 32, Issue 26, eff. September 21, 2016; Volume 34, Issue 9, eff. January 24, 2018.

18VAC90-50-75 Continuing competency requirements

A. In order to renew a license biennially, a licensed massage therapist shall:

Hold current certification by the NCBTMB; or
Complete at least 24 hours of continuing education or learning activities with at least one hour in professional ethics. Hours chosen shall be those that enhance and expand the skills and knowledge related to the clinical practice of massage therapy and may be distributed as follows:

a. A minimum of 12 of the 24 hours shall be in activities or courses provided by one of the following providers and may include seminars, workshops, home study courses, and continuing education courses:

(1) NCBTMB;

(2) Federation of State Massage Therapy Boards;

(3) American Massage Therapy Association;

(4) Associated Bodywork and Massage Professionals;

(5) Commission on Massage Therapy Accreditation;

(6) A nationally or regionally accredited school or program of massage therapy; or

(7) A school of massage therapy approved by the State Council of Higher Education for Virginia.

b. No more than 12 of the 24 hours may be activities or courses that may include consultation, independent reading or research, preparation for a presentation, a course in cardiopulmonary resuscitation, or other such experiences that promote continued learning.

B. A massage therapist shall be exempt from the continuing competency requirements for the first biennial renewal following the date of initial licensure in Virginia.

C. The massage therapist shall retain in his records the completed form with all supporting documentation for a period of four years following the renewal of an active license.

D. The board shall periodically conduct a random audit of licensees to determine compliance. The persons selected for the audit shall provide evidence of current NCBTMB certification or the completed continued competency form provided by the board and all supporting documentation within 30 days of receiving notification of the audit.

E. Failure to comply with these requirements may subject the massage therapist to disciplinary action by the board.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 24, eff. September 17, 1997; amended, Virginia Register Volume 19, Issue 7, eff. January 15, 2003; Errata, 19:8 VA.R. 1273 December 30, 2002; amended, Virginia Register Volume 25, Issue 4, eff. December 11, 2008; Volume 32, Issue 26, eff. September 21, 2016; Volume 34, Issue 9, eff. January 24, 2018.

18VAC90-50-80 Reinstatement of licenses

A. A massage therapist whose license has lapsed may reinstate licensure within one renewal period by attesting to completion of continuing competency requirements for the period and payment of the current renewal fee and the late renewal fee.

B. A massage therapist whose license has lapsed for more than one renewal period shall file a reinstatement application, attest to completion of continuing competency requirements for the period in which the license has been lapsed, not to exceed four years, and pay the reinstatement fee.

C. A massage therapist whose license has been suspended or revoked may apply for reinstatement by filing a reinstatement application meeting the requirements of subsection B of this section, and paying the fee for reinstatement after suspension or revocation.

D. The board may require evidence that the massage therapist is prepared to resume practice in a competent manner.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 24, eff. September 17, 1997; amended, Virginia Register Volume 19, Issue 7, eff. January 15, 2003; Errata, 19:8 VA.R. 1273 December 30, 2002; amended, Virginia Register Volume 25, Issue 4, eff. December 11, 2008; Volume 32, Issue 26, eff. September 21, 2016.

Part IV Disciplinary Provisions

18VAC90-50-90 Disciplinary provisions

The board has the authority to deny, revoke, or suspend a license issued by it or to otherwise discipline a licensee upon proof that the practitioner has violated any of the provisions of § 54.1-3007 of the Code of Virginia or of this chapter or has engaged in the following:

Fraud or deceit, which shall mean, but shall not be limited to:

a. Filing false credentials;

b. Falsely representing facts on an application for initial licensure, or reinstatement or renewal of a license; or

c. Misrepresenting one's qualifications including scope of practice.

Unprofessional conduct, which shall mean, but shall not be limited to:

a. Performing acts that constitute the practice of any other health care profession for which a license or a certificate is required or acts that are beyond the limits of the practice of massage therapy as defined in § 54.1-3000 of the Code of Virginia;

b. Assuming duties and responsibilities within the practice of massage therapy without adequate training or when competency has not been maintained;

c. Failing to acknowledge the limitations of and contraindications for massage and bodywork or failing to refer patients to appropriate health care professionals when indicated;

d. Entering into a relationship with a patient or client that constitutes a professional boundary violation in which the massage therapist uses his professional position to take advantage of the vulnerability of a patient, a client, or his family, to include actions that result in personal gain at the expense of the patient or client, a nontherapeutic personal involvement, or sexual conduct with a patient or client;

e. Falsifying or otherwise altering patient or employer records;

f. Violating the privacy of patients or the confidentiality of patient information unless required to do so by law;

g. Employing or assigning unqualified persons to practice under the title of "massage therapist" or "licensed massage therapist";

h. Engaging in any material misrepresentation in the course of one's practice as a massage therapist;

i. Obtaining money or property of a patient or client by fraud, misrepresentation, or duress;

j. Violating state laws relating to the privacy of patient information, including § 32.1-127.1:03 of the Code of Virginia;

k. Providing false information to staff or board members in the course of an investigation or proceeding;

l. Failing to report evidence of child abuse or neglect as required by § 63.2-1509 of the Code of Virginia or elder abuse or neglect as required by § 63.2-1606 of the Code of Virginia;

m. Violating any provision of this chapter; or

n. Failing to practice in a manner consistent with the code of ethics of the NCBTMB, as incorporated by reference into this chapter with the exception of the requirement to follow all policies, procedures, guidelines, regulations, codes, and requirements promulgated by the NCBTMB.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 24, eff. September 17, 1997; amended, Virginia Register Volume 19, Issue 7, eff. January 15, 2003; Errata, 19:8 VA.R. 1273 December 30, 2002; amended, Virginia Register Volume 25, Issue 4, eff. December 11, 2008; Volume 32, Issue 26, eff. September 21, 2016; Volume 34, Issue 9, eff. January 24, 2018.

Chapter 60 Regulations Governing the Registration of Medication Aides

Part I General Provisions

18VAC90-60-10 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Board" means the Virginia Board of Nursing.

"Client" means a person receiving the services of a medication aide in an assisted living facility.

"Committee" means the Special Conference Committee, comprised of not less than two members of the board in accordance with § 2.2-4019 of the Code of Virginia.

"Direct client care" means assisting residents in performance of personal care and activities of daily living.

"Medication" means drugs as scheduled in the Drug Control Act (§ 54.1-3400 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 19, eff. July 1, 2007.

18VAC90-60-20 Identification; accuracy of records

A. Any person regulated by this chapter shall, while on duty, wear identification that is clearly visible to the client and that indicates the appropriate title issued to such person by the board under which the person is practicing in that setting. Name identification on a badge shall follow the policy of the assisted living facility in which the medication aide is employed.

B. A medication aide or advanced registered medication aide who has changed his name shall submit as legal proof to the board a copy of the marriage certificate, a certificate of naturalization, or a court order evidencing the change. A duplicate certificate shall be issued by the board upon receipt of such evidence.

C. A medication aide or advanced registered medication aide shall maintain an address of record with the board. Any change in the address of record or in the public address, if different from the address of record, shall be submitted electronically or in writing to the board within 30 days of such change. All notices required by law and by this chapter to be sent by the board to any registrant shall be validly given when sent to the latest address of record on file with the board.

History

Statutory Authority: §§ 54.1-2400, 54.1-3005, and 54.1-3041 of the Code of Virginia
Historical Notes: Derived from Virginia Register Volume 23, Issue 19, eff. July 1, 2007; amended, Virginia Register Volume 25, Issue 17, eff. July 1, 2009; Volume 29, Issue 22, eff. August 15, 2013; Volume 35, Issue 20, eff. July 15, 2019; Volume 42, Issue 13, eff. March 11, 2026.

18VAC90-60-30 Fees

A. The following fees shall apply:

| 1. Application for program approval | $500 | | --- | --- | | 2. Application for registration as a medication aide | $50 | | 3. Application for registration as an advanced registered medication aide | $100 | | 4. Annual renewal for medication aide and advanced medication aide | $30 | | 5. Late renewal | $15 | | 6. Reinstatement of registration | $90 | | 7. Handling fee for returned check or dishonored credit card or debit card | $50 | | 8. Duplicate registration | $15 | | 9. Reinstatement following suspension, mandatory suspension, or revocation | $120 |

B. Fees shall not be refunded once submitted.

C. The fee for the state examination shall be paid directly to the examination service contracted by the board for its administration.

History

Statutory Authority: §§ 54.1-2400, 54.1-3005, and 54.1-3041 of the Code of Virginia
Historical Notes: Derived from Virginia Register Volume 23, Issue 19, eff. July 1, 2007; amended, Virginia Register Volume 27, Issue 20, eff. July 6, 2011; Volume 33, Issue 16, eff. May 3, 2017; Volume 35, Issue 20, eff. July 15, 2019; Volume 36, Issue 9, eff. February 6, 2020; Volume 42, Issue 13, eff. March 11, 2026; Errata, 42:17 VA.R. 1876 April 6, 2026.

Part II Medication Aide Training Programs

18VAC90-60-40 Establishing and maintaining a medication aide training program

A. Establishing a medication aide training program.

A program provider wishing to establish a medication aide training program shall submit a completed application and pay the prescribed fee to the board at least 90 days in advance of the first expected offering of the program.
Initial approval may be granted when all documentation of the program's compliance with requirements as set forth in this part has been submitted and deemed satisfactory to the board.
If approval is denied, the applicant may request, within 30 days of the mailing of the decision, an informal conference committee to be convened in accordance with § 2.2-4019 of the Code of Virginia.
If the committee's recommendation is to deny approval, no further action will be required of the board unless the program requests a hearing before the board or a panel thereof in accordance with § 2.2-4020 and subdivision 11 of § 54.1-2400 of the Code of Virginia.

B. Maintaining an approved medication aide training program. To maintain approval, the program shall:

Continue to comply with requirements as set forth in this part.
Document that the cumulative passing rate for the program's first-time test takers taking the competency evaluation required for registration over the past two years is not less than 80%.
Report all substantive changes within 10 days of the change to the board to include a change in the program instructors, curriculum or program location.
Cooperate with any unannounced visits to the program conducted by board representatives for the purpose of ensuring compliance with requirements for approval or in response to complaints about the program.
Provide documentation that each student enrolled in such program has been given a copy of applicable Virginia law and regulation for the registration and practice of medication aides.
Provide each student with a certificate of completion, which shall include the name of the program, the approval number provided by the board, and the signature of the instructor.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 19, eff. July 1, 2007; amended, Virginia Register Volume 29, Issue 22, eff. August 15, 2013; Volume 35, Issue 20, eff. July 15, 2019.

18VAC90-60-50 Requirements for instructional personnel

A. Primary instructors in an approved program shall be licensed registered nurses, licensed practical nurses or pharmacists who, consistent with provisions of the Drug Control Act (§ 54.1-3400 et seq. of the Code of Virginia), are authorized to administer or dispense drugs and have at least three years of experience in such practice.

B. Licensed practical nurses, registered nurses, or pharmacists who have not had at least three years of experience in administering or dispensing drugs may be used as secondary instructors for the supervised skills practice hours of the program.

C. To be qualified as an instructor, a nurse or a pharmacist shall:

Hold a current, active, unrestricted license or a multistate licensure privilege; and
Successfully complete a course, including a postcourse examination, that is designed to prepare the instructor to teach the medication aide curriculum approved by the board for administration of medications to clients in assisted living facilities. The course shall include adult learning principles and evaluation strategies and shall be completed prior to teaching a course in a medication aide program.

D. Each instructor in an approved program shall:

Participate in the planning of each learning experience and be responsible for the teaching and evaluation of students;
Ensure that course objectives are accomplished and the curriculum content has been completed; and
Maintain student records as required by 18VAC90-60-70 B.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 19, eff. July 1, 2007.

18VAC90-60-60 Requirements for the program curriculum

A. Prerequisite for the program. A student seeking enrollment in a medication aide training program shall have successfully completed the direct care staff training required by the Department of Social Services for employment in an assisted living facility or an approved nurse aide education program.

B. Hours of instruction. An approved program shall consist of a minimum of 68 hours of student instruction and training to include:

At least 40 hours of classroom or didactic instruction over and above any facility orientation program or training in direct client care provided by the facility;
At least 20 hours of supervised skills practice in medication administration to residents of an assisted living facility, after which the training program shall evaluate the student's minimal competency in the clinical skills of administering medications on a form provided by the board. Up to 20% of the supervised skills practice may be completed by a simulation experience in a simulation laboratory. The clinical evaluation shall be conducted one-on-one with a qualified instructor with experience in medications in long-term care; and
An eight-hour module in facilitating client self-administration or assisting with the administration of insulin to include instruction and skills practice in the administration of insulin as specified in the board-approved curriculum.

C. Content of the curriculum. An approved program shall use the curriculum developed and provided by the board, which shall, at a minimum, include the following topics:

Preparing for safe administration of medications to clients in assisted living facilities;
Maintaining aseptic conditions;
Understanding of basic pharmacology;
Facilitating client self-administration or assisting with medication administration;
Following proper procedure for preparing, administering, and maintaining medications; and
Following appropriate procedures for documentation and reporting to the licensed health care professional on duty at the facility or to the client's prescriber.

D. In addition to the training curriculum, the program may provide one or more four-hour modules that can be used by facilities as refresher courses or by medication aides to satisfy requirements for continuing education.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 19, eff. July 1, 2007; amended, Virginia Register Volume 29, Issue 22, eff. August 15, 2013; Volume 35, Issue 20, eff. July 15, 2019.

18VAC90-60-70 Other program requirements

A. Ratio. An approved training program shall maintain a ratio of no more than 10 students for one instructor for the 20 hours of supervised skills practice as required by 18VAC90-60-60 B.

B. Records.

Each medication aide training education program shall develop and maintain an individual record of major skills taught and the date of performance by the student. At the completion of the program, the medication aide must receive a copy of this record and a certificate of completion from the program, as specified in 18VAC90-60-40.
A record of the reports of graduates' performance on the approved competency evaluation program shall be maintained.
A record that documents the disposition of complaints against the program shall be maintained.
All records required by this section shall be maintained for at least five years.

C. Student identification. The medication aide students shall wear identification that clearly distinguishes them as a "medication aide student" while engaged in practical skills training under direct supervision by an instructor. Name identification shall follow the policy of the assisted living facility in which the medication aide is engaged in practical training.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 19, eff. July 1, 2007; amended, Virginia Register Volume 35, Issue 20, eff. July 15, 2019.

18VAC90-60-75 Conditional or withdrawal of approval of a medication aide training program

A. If the board determines that a medication aide training program is not maintaining the requirements of Part II (18VAC90-60-40 et seq.) of this chapter, the board may:

Place the program on conditional approval with terms and conditions to be met within the timeframe specified by the board; or
Withdraw program approval.

B. If the board either places a program on conditional approval with terms and conditions to be met within a timeframe specified by the board or withdraws approval, the following shall apply:

No further action will be required of the board unless the program requests an informal conference pursuant to §§ 2.2-4019 and 54.1-109 of the Code of Virginia.
If withdrawal or continued program approval with terms and conditions is recommended following the informal conference, the recommendation shall be presented to the board or a panel of the board for review and action.
If the recommendation of the informal conference committee is accepted by the board or a panel of the board, the decision shall be reflected in a board order, and no further action by the board is required unless the program requests a formal hearing within 30 days from entry of the order in accordance with § 2.2-4020 of the Code of Virginia.
If the decision of the board or a panel of the board following a formal hearing is to withdraw approval or continue on conditional approval with terms or conditions, the program shall be advised of the right to appeal the decision to the appropriate circuit court in accordance with § 2.2-4026 of the Code of Virginia and Part 2A of the Rules of the Supreme Court of Virginia.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 35, Issue 20, eff. July 15, 2019.

18VAC90-60-80 Requirements for closing of a program

When a medication aide training program closes, the program provider shall:

Notify the board of the date of closing following completion of the last program for which students are already enrolled.
Submit to the board a list of all persons who have completed the program with the date of completion of each.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 19, eff. July 1, 2007.

Part III Registration of Medication Aides

18VAC90-60-90 Requirements for initial registration

A. To be registered as a medication aide, an applicant shall:

Provide documentation of successful completion of:

a. A staff training program in direct client care approved by the Department of Social Services;

b. A nursing education program;

c. An approved nurse aide education program; or

d. A clinical nursing course that includes at least 40 hours of clinical experience involving direct client care within the past 12 months;

Provide documentation of successful completion of one of the following:

a. A medication aide training program approved by the board in accordance with this chapter; or

b. A nursing education program preparing for registered nurse licensure or practical nurse licensure;

Submit the required application and fee as prescribed by the board;
Disclose whether there are grounds for denial of registration as specified in § 54.1-3007 of the Code of Virginia; and
Provide documentation of successful completion of competency evaluations consisting of:

a. A clinical evaluation of minimal competency in the skills of administering medications as specified in 18VAC90-60-60 B 2; and

b. A written examination as specified by the board with a passing score determined by the board.

B. An applicant who fails to take the board-approved examination within two years of completion of the training or who has failed the examination in three attempts shall reenroll and successfully complete another approved medication aide training program before reapplying for registration.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 19, eff. July 1, 2007; amended, Virginia Register Volume 25, Issue 16, eff. May 13, 2009; Volume 29, Issue 22, eff. August 15, 2013; Volume 35, Issue 20, eff. July 15, 2019.

18VAC90-60-91 Requirements for provisional practice

A. An applicant for registration who wants to practice as a medication aide on a provisional basis shall:

Submit the required application for registration and fee as prescribed by the board; and
Provide evidence to the board of successful completion of the medication aide training course or a nursing education program.

B. An applicant shall practice for no more than 120 days from the date of a letter from the board acknowledging receipt of the documentation required in subsection A of this section and granting provisional authorization.

C. An applicant acting as a medication aide under provisional authorization shall be identified as a "provisional medication aide" on a nametag worn in the facility.

D. An applicant with provisional authorization shall immediately cease acting as a medication aide at the conclusion of the 120-day period or upon notification of failure after three attempts to pass the written examination required for registration, whichever comes first.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 16, eff. May 13, 2009; amended, Virginia Register Volume 35, Issue 20, eff. July 15, 2019.

18VAC90-60-92 Requirements for registration by endorsement

An applicant applying for registration by endorsement who has met the requirements for registration or certification as a medication aide in another state or the District of Columbia may be deemed eligible to sit for the state examination if there are no grounds for denial of registration as specified in § 54.1-3007 of the Code of Virginia and upon submission of:

A completed application and fee; and
Verification of registration or certification as a medication aide in another state or the District of Columbia that is current or eligible for reinstatement.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 16, eff. May 13, 2009; amended, Virginia Register Volume 29, Issue 22, eff. August 15, 2013; Volume 35, Issue 20, eff. July 15, 2019.

18VAC90-60-100 Renewal or reinstatement of registration

A. Renewal of registration.

Registered medication aides shall renew by the last day of their birth month each year.
The medication aide shall complete the renewal notice and submit it with the required fee and an attestation that he has completed continuing education as required by subsection B of this section.
Failure to receive the notice for renewal shall not relieve the medication aide of the responsibility for renewing his registration by the expiration date.
The registration shall automatically lapse if the medication aide fails to renew by the expiration date.
Any person administering medications in an assisted living facility during the time a registration has lapsed shall be considered an illegal practitioner and shall be subject to prosecution under the provisions of § 54.1-3008 of the Code of Virginia.

B. Continuing education required for renewal.

In addition to hours of continuing education in direct client care required for employment in an assisted living facility, a medication aide shall have the following:

a. Four hours each year of population-specific training in medication administration in the assisted living facility in which the aide is employed; or

b. A refresher course in medication administration offered by an approved program.

A medication aide shall maintain documentation of continuing education for a period of four years following the renewal period for which the records apply.
The board shall periodically conduct a random audit of its registrants to determine compliance. A medication aide selected for audit shall provide documentation as evidence of compliance within 30 days of receiving notification of the audit.
The board may grant an extension for compliance with continuing education requirements for up to one year, for good cause shown, upon a written request from the registrant prior to the renewal deadline.

C. Reinstatement of registration.

An individual whose registration has lapsed for less than one renewal cycle may renew by payment of the renewal fee and late fee and attestation that the individual has completed all required continuing education for the period since his last renewal.
An individual whose registration has lapsed for more than one year shall:

a. Apply for reinstatement of registration by submission of a completed application and fee;

b. Provide evidence of completion of all required continuing education for the period since his last renewal, not to exceed eight hours of training in medication administration;

c. Retake the written and practical competency evaluation as required by the board; and

d. Attest that there are no grounds for denial of registration as specified in § 54.1-3007 of the Code of Virginia.

D. A medication aide whose registration has been suspended or revoked by the board may apply for reinstatement by filing a reinstatement application, fulfilling requirements of subsection C of this section, and paying the fee for reinstatement after suspension or revocation. A medication aide whose registration has been revoked may not apply for reinstatement sooner than three years from entry of the order of revocation.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 19, eff. July 1, 2007; amended, Virginia Register Volume 24, Issue 3, eff. November 29, 2007; Volume 29, Issue 22, eff. August 15, 2013; Volume 35, Issue 20, eff. July 15, 2019.

18VAC90-60-110 Standards of practice

A. A medication aide shall:

Document and report all medication errors and adverse reactions immediately to the licensed health care professional in the facility or to the client's prescriber;
Give all medications in accordance with the prescriber's orders and instructions for dosage and time of administration and document such administration in the client's record; and
Document and report any information giving reason to suspect the abuse, neglect, or exploitation of clients immediately to the licensed health care professional in the facility or to the facility administrator.

B. A medication aide shall not:

Transmit verbal orders to a pharmacy;
Make an assessment of a client or deviate from the medication regime ordered by the prescriber;
Mix, dilute, or reconstitute two or more drug products, with the exception of insulin or glucagon;
Administer by intramuscular or intravenous routes or medications via a nasogastric or percutaneous endoscopic gastric tube; or
Administer by subcutaneous route, except for insulin medications, glucagon, or auto-injectable epinephrine.

C. An advanced registered medication aide working in an assisted living facility shall abide by the limitations included in this section.

History

Statutory Authority: §§ 54.1-2400, 54.1-3005, and 54.1-3041 of the Code of Virginia
Historical Notes: Derived from Virginia Register Volume 23, Issue 19, eff. July 1, 2007, amended, Virginia Register Volume 24, Issue 23, eff. September 4, 2008; Volume 29, Issue 22, eff. August 15, 2013; Volume 33, Issue 11, eff. March 9, 2017; Volume 42, Issue 13, eff. March 11, 2026.

18VAC90-60-120 Disciplinary provisions for medication aides

The board has the authority to deny, revoke, or suspend a registration issued, or to otherwise discipline a registrant upon proof that the registrant has violated any of the provisions of § 54.1-3007 of the Code of Virginia. For the purpose of establishing allegations to be included in the notice of hearing, the board has adopted the following definitions:

Fraud or deceit in order to procure or maintain a registration shall mean, but shall not be limited to:

a. Filing false credentials;

b. Falsely representing facts on an application for initial registration, reinstatement or renewal of a registration; or

c. Giving or receiving assistance in taking the competency evaluation.

Unprofessional conduct shall mean, but shall not be limited to:

a. Performing acts beyond those authorized by the Code of Virginia and this chapter for practice as a medication aide;

b. Assuming duties and responsibilities within the practice of a medication aide without adequate training or when competency has not been maintained;

c. Obtaining supplies, equipment or drugs for personal or other unauthorized use;

d. Falsifying or otherwise altering client or drug records relating to administration of medication;

e. Falsifying or otherwise altering employer records, including falsely representing facts on a job application or other employment-related documents;

f. Abusing, neglecting or abandoning clients;

g. Having been denied a license, certificate, or registration or having had a license, certificate, or registration issued by the board revoked or suspended;

h. Giving to or accepting from a client property or money for any reason other than fee for service or a nominal token of appreciation;

i. Obtaining money or property of a client by fraud, misrepresentation or duress;

j. Entering into a relationship with a client that constitutes a professional boundary violation in which the medication aide uses his professional position to take advantage of a client's vulnerability, to include actions that result in personal gain at the expense of the client, an inappropriate personal involvement or sexual conduct with a client;

k. Violating state laws relating to the privacy of client information, including § 32.1-127.1:03 of the Code of Virginia;

l. Failing to follow provisions of the Medication Management Plan for the assisted living facility in which the aide is employed; or

m. Violating any provision of this chapter, including the standards of practice as set forth in 18VAC90-60-110.

For the purposes of interpreting provisions of subdivision 5 of § 54.1-3007 of the Code of Virginia, a pattern of medication errors may constitute practice that presents a danger to the health and welfare of clients or to the public.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 19, eff. July 1, 2007; Errata, 23:20 VA.R. 3378 June 11, 2007; amended, Volume 27, Issue 3, eff. November 10, 2010; Volume 35, Issue 20, eff. July 15, 2019.

Part IV Advanced Registered Medication Aides

18VAC90-60-130 Requirements for initial registration as an advanced registered medication aide

In order to be registered as an advanced registered medication aide, an applicant shall:

Hold both a current Virginia certification as a certified nurse aide and as a registered medication aide or be eligible for endorsement as a registered medication aide;
Have successfully completed a minimum of 60 hours of advanced training in a nursing facility that includes population and medication specific training; and
Submit the required application and fee.

History

Statutory Authority: §§ 54.1-2400, 54.1-3005, and 54.1-3041 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 13, eff. March 11, 2026.

18VAC90-60-140 Renewal and reinstatement as an advanced registered medication aide

A. Current certification as a nurse aide in Virginia must be maintained to hold certification as an advanced registered medication aide. If an individual is not eligible to renew as a certified nurse aide, registration as an advanced registered medication aide may not be renewed.

B. Advanced registered medication aides shall renew annually. To renew an advanced registration, an individual must:

Submit the renewal application and required fee; and
Attest that the individual has completed continuing education as required in 18VAC90-60-100 B and four hours of nursing facility population and medication specific training.

C. Failure to receive a notice for renewal shall not relieve the advanced registered medication aide of the responsibility for renewing the registration by the expiration date.

D. The registration shall automatically lapse if the advanced registered medication aide fails to renew by the expiration date.

E. Any person administering medications in an assisted living facility or licensed nursing home during the time a registration has lapsed shall be considered an unlicensed practitioner and shall be subject to prosecution under the provisions of § 54.1-3008 of the Code of Virginia.

F. If an advanced registered medication aide has not renewed for 90 days following the expiration date, the advanced registration shall only be reinstated if the applicant:

Holds current certification as a nurse aide in Virginia;
Submits a completed reinstatement application on a form provided by the board;
Pays the reinstatement fee; and
Provides evidence that the applicant has completed all required hours of continuing education and training.

History

Statutory Authority: §§ 54.1-2400, 54.1-3005, and 54.1-3041 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 13, eff. March 11, 2026.

18VAC90-60-150 Standards of practice for advanced registered medication aides working in a nursing facility

A. An advanced registered medication aide shall:

Document and report all medication errors and adverse reactions immediately to the licensed health care professional in the facility or to the client's prescriber;
Give all medications in accordance with the prescriber's orders and instructions for dosage and time of administration and document such administration in the client's record; and
Immediately document and report any information giving reason to suspect the abuse, neglect, or exploitation of clients to the licensed health care professional in the facility or to the facility administrator.

B. An advanced registered medication aide shall not:

Transmit verbal orders to a pharmacy;
Make an assessment of a client or deviate from the medication regime ordered by the prescriber;
Mix, dilute, or reconstitute two or more drug products, with the exception of insulin or glucagon;
Administer intravenous medications or medications via a nasogastric or percutaneous endoscopic gastric tube or intramuscular medication, except for vaccinations and auto-injectable epinephrine; or
Administer by subcutaneous route, except for insulin medications, glucagon, glucagon-like peptide-1, Vitamin B12, or anticoagulants.

C. An advanced registered medication aide working in an assisted living facility shall abide by the limitations included in 18VAC90-60-110.

History

Statutory Authority: §§ 54.1-2400, 54.1-3005, and 54.1-3041 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 13, eff. March 11, 2026.

18VAC90-60-160 Disciplinary provisions for advanced registered medication aides

The board has the authority to deny, revoke, or suspend a registration issued or to otherwise discipline a registrant upon proof that the registrant has violated any of the provisions of § 54.1-3007 of the Code of Virginia.

Fraud or deceit in order to procure or maintain a registration includes:

a. Filing false credentials;

b. Falsely representing facts on an application for initial registration, reinstatement, or renewal of a registration; or

c. Giving or receiving assistance in taking the competency evaluation.

Unprofessional conduct includes;

a. Performing acts beyond those authorized by the Code of Virginia and this chapter for practice as an advanced registered medication aide;

b. Assuming duties and responsibilities within the practice of an advanced registered medication aide without adequate training or when competency has not been maintained;

c. Obtaining supplies, equipment, or drugs for personal or other unauthorized use;

d. Falsifying or otherwise altering client or drug records relating to administration of medication;

e. Falsifying or otherwise altering employer records, including falsely representing facts on a job application or other employment-related documents;

f. Abusing, neglecting, or abandoning clients;

g. Having been denied a license, certificate, or registration or having had a license, certificate, or registration issued by the board revoked or suspended;

h. Giving to or accepting from a client property or money for any reason other than fee for service or a nominal token of appreciation;

i. Obtaining money or property of a client by fraud, misrepresentation, or duress;

j. Entering into a relationship with a client that constitutes a professional boundary violation in which the advanced registered medication aide uses a professional position to take advantage of a client's vulnerability, to include actions that result in personal gain at the expense of the client, an inappropriate personal involvement, or sexual conduct with a client;

k. Violating state laws relating to the privacy of client information, including § 32.1-127.1:03 of the Code of Virginia;

l. Failing to follow provisions of the medication management plan for the facility in which the advanced registered medication aide is employed; or

m. Violating any provision of this chapter, including the standards of practice as set forth in 18VAC90-60-150.

A pattern of medication errors may constitute practice that presents a danger to the health and welfare of clients or to the public as referenced in subdivision 5 of § 54.1-3007 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-2400, 54.1-3005, and 54.1-3041 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 13, eff. March 11, 2026.

Chapter 70 Regulations Governing the Practice of Licensed Certified Midwives

Part I General Provisions

18VAC90-70-10 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Approved program" means a midwifery education program that is accredited by the Accreditation Commission for Midwifery Education or its successor.

"Boards" means the Virginia Board of Nursing and the Virginia Board of Medicine.

"Committee" means the Committee of the Joint Boards of Nursing and Medicine.

"Licensed certified midwife" means an advanced practice midwife who is jointly licensed by the Boards of Nursing and Medicine pursuant to § 54.1-2957.04 of the Code of Virginia.

"MME" means morphine milligram equivalent.

"Practice agreement" means a written or electronic statement, jointly developed by the consulting licensed physician or independent practice midwife and the licensed certified midwife, that describes the availability of the physician for routine and urgent consultation on patient care.

"Prescription Monitoring Program" means the electronic system within the Department of Health Professions that monitors the dispensing of certain controlled substances.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.04 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 10 eff. January 31, 2024; amended, Virginia Register Volume 42, Issue 4, eff. November 5, 2025.

18VAC90-70-20 Delegation of authority

A. The boards hereby delegate to the Executive Director of the Virginia Board of Nursing the authority to issue the initial licensure and the biennial renewal of such licensure to those persons who meet the requirements set forth in this chapter and to grant extensions or exemptions for compliance with continuing competency requirements as set forth in 18VAC90-70-90 E and F. Questions of eligibility shall be referred to the Committee of the Joint Boards of Nursing and Medicine.

B. All records and files related to the licensure of licensed certified midwives shall be maintained in the office of the Virginia Board of Nursing.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.04 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 10 eff. January 31, 2024.

18VAC90-70-30 Committee of the Joint Boards of Nursing and Medicine

A. The Committee of the Joint Boards of Nursing and Medicine, appointed pursuant to 18VAC90-30-30 and consisting of three members appointed from the Board of Medicine and three members appointed from the Board of Nursing, shall administer this chapter.

B. In accordance with 18VAC90-30-30, the committee may, in its discretion, appoint an advisory committee. The advisory committee shall include practitioners specified in 18VAC90-30-30.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.04 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 10 eff. January 31, 2024.

18VAC90-70-40 Fees

Fees required in connection with the licensure of certified midwives are:

| 1. Application | $125 | | --- | --- | | 2. Biennial licensure renewal | $80 | | 3. Late renewal | $25 | | 4. Reinstatement of licensure | $150 | | 5. Verification of licensure to another jurisdiction | $35 | | 6. Duplicate license | $15 | | 7. Duplicate wall certificate | $25 | | 8. Handling fee for returned check or dishonored credit card or debit card | $50 | | 9. Reinstatement of suspended or revoked license | $200 |

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.04 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 10 eff. January 31, 2024.

Part II Licensure

18VAC90-70-50 Licensure generally

A. No person shall perform services as a certified midwife in the Commonwealth of Virginia except as prescribed in this chapter and when licensed by the Boards of Nursing and Medicine.

B. The boards shall license applicants who meet the qualifications for licensure as set forth in 18VAC90-70-60 or 18VAC90-70-70.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.04 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 10 eff. January 31, 2024.

18VAC90-70-60 Qualifications for initial licensure

An applicant for initial licensure as a licensed certified midwife shall:

Submit evidence of a graduate degree in midwifery from an approved program;
Submit evidence of current certification as a certified midwife by the American Midwifery Certification Board;
File the required application; and
Pay the application fee prescribed in 18VAC90-70-40.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.04 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 10 eff. January 31, 2024.

18VAC90-70-70 Qualifications for licensure by endorsement

An applicant for licensure by endorsement as a licensed certified midwife shall:

Provide verification of a license as a certified midwife in another United States jurisdiction with a license in good standing or, if lapsed, eligible for reinstatement;
Submit evidence of current certification as a certified midwife by the American Midwifery Certification Board;
File the required application; and
Pay the application fee prescribed in 18VAC90-70-40.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.04 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 10 eff. January 31, 2024.

18VAC90-70-80 Renewal of licensure

A. Licensure of a licensed certified midwife shall be renewed biennially.

B. The renewal notice of the license shall be sent to the last known address of record of each licensed certified midwife. Failure to receive the renewal notice shall not relieve the licensee of the responsibility for renewing the license by the expiration date.

C. The licensed certified midwife shall attest to current certification as a certified midwife by the American Midwifery Certification Board and submit the license renewal fee prescribed in 18VAC90-70-40.

D. The license shall automatically lapse if the licensee fails to renew by the expiration date. Any person practicing as a certified midwife during the time a license has lapsed shall be subject to disciplinary actions by the boards.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.04 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 10 eff. January 31, 2024.

18VAC90-70-90 Continuing competency requirements

A. In order to renew a license biennially, a licensed certified midwife shall hold a current certification as a certified midwife by the American Midwifery Certification Board.

B. A licensed certified midwife shall obtain a total of eight hours of continuing education in pharmacology or pharmacotherapeutics for each biennium.

C. The licensed certified midwife shall retain evidence of compliance with this section and all supporting documentation for a period of four years following the renewal period for which the records apply.

D. The boards shall periodically conduct a random audit of at least 1.0% of their licensed certified midwives to determine compliance. The licensed certified midwives selected for the audit shall provide the evidence of compliance and supporting documentation within 30 days of receiving notification of the audit.

E. The boards may grant an extension of the deadline for continuing competency requirements for up to one year for good cause shown upon a written request from the licensee submitted prior to the renewal date.

F. The boards may delegate to the committee the authority to grant an exemption for all or part of the continuing education requirements in subsection B of this section for circumstances beyond the control of the licensee, such as temporary disability, mandatory military service, or officially declared disasters.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.04 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 10 eff. January 31, 2024.

Part III Practice of Licensed Certified Midwives

18VAC90-70-110 Practice of licensed certified midwives

A. All licensed certified midwives shall practice in accordance with a written or electronic practice agreement as defined in 18VAC90-70-10, unless the licensed certified midwife has met the criteria set forth in § 54.1-2957.04 D of the Code of Virginia.

B. The written or electronic practice agreement shall include provisions for the availability of the physician or independent practice midwife for routine and urgent consultation on patient care.

C. The practice agreement shall be maintained by the licensed certified midwife and provided to the boards upon request. For licensed certified midwives providing care to patients within a hospital or health care system, the practice agreement may be included as part of documents delineating the licensed certified midwife's clinical privileges or the electronic or written delineation of duties and responsibilities; however, the licensed certified midwife shall be responsible for providing a copy to the boards upon request.

D. The practice of licensed certified midwives shall be consistent with the standards of care for the profession.

E. The licensed certified midwife shall include on each prescription issued or dispensed the licensed certified midwife's signature and Drug Enforcement Administration (DEA) number, when applicable.

F. The licensed certified midwife shall disclose to patients at the initial encounter that the licensed certified midwife is a licensed certified midwife. Such disclosure may be included on a prescription or may be given in writing to the patient.

G. A licensed certified midwife who provides health care services to a patient outside of a hospital or birthing center shall disclose to that patient, when appropriate, information on health risks associated with births outside of a hospital or birthing center, including to risks associated with vaginal births after a prior cesarean section, breech births, births by women experiencing high-risk pregnancies, and births involving multiple gestation.

H. The licensed certified midwife shall disclose, upon request of a patient or a patient's legal representative, the name of the consulting physician or independent practice midwife, and information regarding how to contact the consulting physician or independent practice midwife.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.04 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 10 eff. January 31, 2024; amended, Virginia Register Volume 42, Issue 4, eff. November 5, 2025.

Part IV Prescribing

18VAC90-70-120 Prescribing for self or family

A. Treating or prescribing shall be based on a bona fide practitioner-patient relationship, and prescribing shall meet the criteria set forth in § 54.1-3303 of the Code of Virginia.

B. A licensed certified midwife shall not prescribe a controlled substance to himself or a family member, other than Schedule VI as defined in § 54.1-3455 of the Code of Virginia, unless the prescribing occurs in an emergency situation or in isolated settings where there is no other qualified practitioner available to the patient, or it is for a single episode of an acute illness through one prescribed course of medication.

C. When treating or prescribing for self or family, the licensed certified midwife shall maintain a patient record documenting compliance with statutory criteria for a bona fide practitioner-patient relationship.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.04 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 10 eff. January 31, 2024.

18VAC90-70-130 Waiver for electronic prescribing

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.04 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 10 eff. January 31, 2024.

Part V Management of Acute Pain

18VAC90-70-140 Evaluation of the patient for acute pain

A. The requirements of this part shall not apply to:

The treatment of acute pain related to (i) cancer, (ii) sickle cell, (iii) a patient in hospice care, or (iv) a patient in palliative care;
The treatment of acute pain during an inpatient hospital admission or in a nursing home or an assisted living facility that uses a sole source pharmacy; or
A patient enrolled in a clinical trial as authorized by state or federal law.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.04 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 10 eff. January 31, 2024.

18VAC90-70-150 Treatment of acute pain with opioids

A. Initiation of opioid treatment for patients with acute pain shall be with short-acting opioids.

A prescriber providing treatment for a patient with acute pain shall not prescribe a controlled substance containing an opioid in a quantity that exceeds a seven-day supply as determined by the manufacturer's directions for use, unless extenuating circumstances are clearly documented in the medical record. This shall also apply to prescriptions of a controlled substance containing an opioid upon discharge from an emergency department.
An opioid prescribed as part of treatment for a surgical procedure shall be for no more than 14 consecutive days in accordance with manufacturer's direction and within the immediate perioperative period, unless extenuating circumstances are clearly documented in the medical record.

B. Initiation of opioid treatment for all patients shall include the following:

The practitioner shall carefully consider and document in the medical record the reasons to exceed 50 MME per day.
Prior to exceeding 120 MME per day, the practitioner shall document in the medical record the reasonable justification for such doses or refer to or consult with a pain management specialist.
Naloxone shall be prescribed for any patient when risk factors of prior overdose, substance misuse, doses in excess of 120 MME per day, or concomitant benzodiazepine are present.

D. Buprenorphine is not indicated for acute pain in the outpatient setting, except when a prescriber who has obtained a U.S. Substance Abuse and Mental Health Services Administration (SAMHSA) waiver is treating pain in a patient whose primary diagnosis is the disease of addiction.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.04 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 10 eff. January 31, 2024.

18VAC90-70-160 Medical records for acute pain

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.04 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 10 eff. January 31, 2024.

Part VI Management of Chronic Pain

18VAC90-70-170 Evaluation of the chronic pain patient

A. The requirements of this part shall not apply to:

The treatment of chronic pain related to (i) cancer, (ii) sickle cell, (iii) a patient in hospice care, or (iv) a patient in palliative care;
The treatment of chronic pain during an inpatient hospital admission or in a nursing home or an assisted living facility that uses a sole source pharmacy; or
A patient enrolled in a clinical trial as authorized by state or federal law.

The nature and intensity of the pain;
Current and past treatments for pain;
Underlying or coexisting diseases or conditions;
The effect of the pain on physical and psychological function, quality of life, and activities of daily living;
Psychiatric, addiction, and substance misuse histories of the patient and any family history of addiction or substance misuse;
A urine drug screen or serum medication level;
A query of the Prescription Monitoring Program as set forth in § 54.1-2522.1 of the Code of Virginia;
An assessment of the patient's history and risk of substance misuse; and
A request for prior applicable records.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.04 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 10 eff. January 31, 2024.

18VAC90-70-180 Treatment of chronic pain with opioids

A. Nonpharmacologic and non-opioid treatment for pain shall be given consideration prior to treatment with opioids.

B. In initiating opioid treatment for all patients, the practitioner shall:

Carefully consider and document in the medical record the reasons to exceed 50 MME per day;
Prior to exceeding 120 MME per day, the practitioner shall document in the medical record the reasonable justification for such doses or refer to or consult with a pain management specialist;
Prescribe naloxone for any patient when risk factors of prior overdose, substance misuse, doses in excess of 120 MME per day, or concomitant benzodiazepine are present; and
Document the rationale to continue opioid therapy every three months.

C. Buprenorphine mono-product in tablet form shall not be prescribed for chronic pain.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.04 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 10 eff. January 31, 2024.

18VAC90-70-190 Treatment plan for chronic pain

C. The prescriber shall record in the medical records the presence or absence of any indicators for medication misuse or diversion and take appropriate action.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.04 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 10 eff. January 31, 2024.

18VAC90-70-200 Informed consent and agreement to treatment of chronic pain

A. The practitioner shall document in the medical record informed consent, to include risks, benefits, and alternative approaches, prior to the initiation of opioids for chronic pain.

C. The treatment agreement shall include notice that the practitioner will query and receive reports from the Prescription Monitoring Program and permission for the practitioner to:

Obtain urine drug screen or serum medication levels, when requested; and
Consult with other prescribers or dispensing pharmacists for the patient.

D. Expected outcomes shall be documented in the medical record, including improvement in pain relief and function or simply in pain relief. Limitations and side effects of chronic opioid therapy shall be documented in the medical record.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.04 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 10 eff. January 31, 2024.

18VAC90-70-210 Opioid therapy for chronic pain

A. The practitioner shall review the course of pain treatment and any new information about the etiology of the pain or the patient's state of health at least every three months.

C. Practitioners shall check the Prescription Monitoring Program at least every three months after the initiation of treatment.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.04 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 10 eff. January 31, 2024.

18VAC90-70-220 Additional consultation

A. When necessary to achieve treatment goals, the prescriber shall refer the patient for additional evaluation and treatment.

B. When a practitioner makes the diagnosis of opioid use disorder, treatment for opioid use disorder shall be initiated or the patient shall be referred for evaluation and treatment.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.04 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 10 eff. January 31, 2024.

18VAC90-70-230 Medical records

The prescriber shall keep current, accurate, and complete records in an accessible manner and readily available for review to include:

The medical history and physical examination;
Past medical history;
Applicable records from prior treatment providers or any documentation of attempts to obtain those records;
Diagnostic, therapeutic, and laboratory results;
Evaluations and consultations;
Treatment goals;
Discussion of risks and benefits;
Informed consent and agreement for treatment;
Treatments;
Medications, including date, type, dosage and quantity prescribed, and refills;
Patient instructions; and
Periodic reviews.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.04 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 10 eff. January 31, 2024.

Part VII Disciplinary Provisions

18VAC90-70-240 Grounds for disciplinary action against the license of a certified midwife

The boards may deny licensure or relicensure, revoke or suspend the license, or place on probation, censure, reprimand, or impose a monetary penalty on a licensed certified midwife for the following unprofessional conduct:

Has had licensure to practice midwifery in this Commonwealth or in another jurisdiction revoked or suspended or otherwise disciplined;
Has directly or indirectly held himself out or represented himself to the public as a physician or is able to, or will practice independently of a physician;
Has performed procedures or techniques that are outside the scope of practice as a licensed certified midwife and for which the licensed certified midwife is not trained and individually competent;
Has violated or cooperated in the violation of the laws or regulations governing the practice of medicine, nursing, or certified midwifery;
Has become unable to practice with reasonable skill and safety as the result of physical or mental illness or the excessive use of alcohol, drugs, narcotics, chemicals, or any other type of material;
Has violated or cooperated with others in violating or attempting to violate any law or regulation, state or federal, relating to the possession, use, dispensing, administration, or distribution of drugs;
Has failed to comply with continuing competency requirements as set forth in 18VAC90-70-90;
Has willfully or negligently breached the confidentiality between a practitioner and a patient. A breach of confidentiality that is required or permitted by applicable law or beyond the control of the practitioner shall not be considered negligent or willful;
Has engaged in unauthorized use or disclosure of confidential information received from the Prescription Monitoring Program; or
Has practiced as a licensed certified midwife during a time when the practitioner's certification as a certified midwife by the American Midwifery Certification Board has lapsed.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.04 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 10 eff. January 31, 2024.

18VAC90-70-250 Hearings

A. The provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) shall govern proceedings on questions of violation of 18VAC90-70-240.

B. The Committee of the Joint Boards of Nursing and Medicine shall conduct all proceedings prescribed in this chapter and shall take action on behalf of the boards.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.04 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 10 eff. January 31, 2024.

18VAC90-70-260 Delegation of proceedings

A. Decision to delegate. In accordance with subdivision 10 of § 54.1-2400 of the Code of Virginia, the committee may delegate an informal fact-finding proceeding to an agency subordinate.

C. Criteria for an agency subordinate.

An agency subordinate authorized by the committee to conduct an informal fact-finding proceeding may include current or past board members, professional staff, or other persons deemed knowledgeable by virtue of their training and experience in administrative proceedings involving the regulation and discipline of health professionals.
The Executive Director of the Board of Nursing shall maintain a list of appropriately qualified persons to whom an informal fact-finding proceeding may be delegated.
The committee may delegate to the executive director the selection of the agency subordinate who is deemed appropriately qualified to conduct a proceeding based on the qualifications of the subordinate and the type of case being heard.

History

Statutory Authority: §§ 54.1-2400 and 54.1-2957.04 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 10 eff. January 31, 2024.

Agency 95 Board of Long-Term Care Administrators

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

18VAC95-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Board of Long-Term Care Administrators. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC95-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Board of Long-Term Care Administrators, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Part II Notification of Interested Persons

18VAC95-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC95-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 18VAC95-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Part III Public Participation Procedures

18VAC95-11-50 Public comment

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008; amended, Virginia Register Volume 33, Issue 7, eff. January 12, 2017.

18VAC95-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC95-11-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC95-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC95-11-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC95-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC95-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Chapter 20 Regulations Governing the Practice of Nursing Home Administrators

Part I General Provisions

18VAC95-20-10 Definitions

A. The following words and terms when used in this chapter shall have the definitions ascribed to them in § 54.1-3100 of the Code of Virginia:

"Board"

"Nursing home"

"Nursing home administrator"

B. The following words and terms when used in this chapter shall have the following meanings unless the context indicates otherwise:

"Accredited institution" means any degree-granting college or university accredited by an accrediting body approved by the U.S. Department of Education.

"Active practice" means a minimum of 1,000 hours of practice as a licensed nursing home administrator within the preceding 24 months.

"AIT" means a person enrolled in the administrator-in-training program in nursing home administration in a licensed nursing home.

"Administrator-of-record" means the licensed nursing home administrator designated in charge of the general administration of the facility and identified as such to the facility's licensing agency.

"Approved sponsor" means an individual, business, or organization approved by NAB or by an accredited institution to offer continuing education programs in accordance with this chapter.

"Continuing education" means the educational activities that serve to maintain, develop, or increase the knowledge, skills, performance, and competence recognized as relevant to the nursing home administrator's professional responsibilities.

"Domains of Practice" means the content areas of tasks, knowledge, and skills necessary for administration of a nursing home as approved by NAB.

"Full time" means employment of at least 35 hours per week.

"Hour" means 50 minutes of participation in a program for obtaining continuing education.

"Internship" means a practicum or course of study as part of a degree or post-degree program designed especially for the preparation of candidates for licensure as nursing home administrators that involves supervision by an accredited college or university of the practical application of previously studied theory.

"NAB" means the National Association of Long Term Care Administrator Boards.

"National examination" means a test used by the board to determine the competence of candidates for licensure as administered by NAB or any other examination approved by the board.

"Preceptor" means a nursing home administrator currently licensed and registered or recognized by a nursing home administrator licensing board to conduct an administrator-in-training (AIT) program.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR500-01-2:1 § 1.1, eff. August 15, 1990; amended, Virginia Register Volume 7, Issue 25, eff. October 9, 1991; Volume 8, Issue 24, eff. September 24, 1992; Volume 10, Issue 17, eff. June 15, 1994; Volume 15, Issue 4, eff. December 9, 1998; Volume 19, Issue 19, eff. July 2, 2003; Volume 21, Issue 18, eff. July 1, 2005; Volume 25, Issue 19, eff. June 24, 2009; Volume 29, Issue 20, eff. July 18, 2013; Volume 35, Issue 12, eff. March 6, 2019.

18VAC95-20-20 (Repealed.)

Historical Notes

Derived from VR500-01-2:1 §§ 1.2 to 2.1, eff. August 15, 1990; amended, Virginia Register Volume 7, Issue 25, eff. October 9, 1991; Volume 8, Issue 24, eff. September 24, 1992; Volume 10, Issue 17, eff. June 15, 1994; repealed, Virginia Register Volume 15, Issue 4, eff. December 9, 1998.

18VAC95-20-60 Posting of license

Each licensee shall post his license in a main entrance or place conspicuous to the public in the facility in which the licensee is administrator-of-record.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3101 of the Code of Virginia.
Historical Notes: Derived from VR500-01-2:1 § 2.2, eff. August 15, 1990; amended, Virginia Register Volume 7, Issue 25, eff. October 9, 1991; Volume 8, Issue 24, eff. September 24, 1992; Volume 10, Issue 17, eff. June 15, 1994.

18VAC95-20-70 Accuracy of information

A. All changes in the address of record or the public address, if different from the address of record, or the name of a licensee, trainee, or preceptor shall be furnished to the board within 30 days after the change occurs.

B. All notices required by law and by this chapter to be mailed by the board to any registrant or licensee shall be validly given when mailed to the latest address of record on file with the board and shall not relieve the licensee, trainee, or preceptor of the obligation to comply.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR500-01-2:1 § 2.3, eff. August 15, 1990; amended, Virginia Register Volume 7, Issue 25, eff. October 9, 1991; Volume 8, Issue 24, eff. September 24, 1992; Volume 10, Issue 17, eff. June 15, 1994; Volume 15, Issue 4, eff. December 9, 1998; Volume 25, Issue 19, eff. July 1, 2009; Errata, 25:22 VA.R. 4172 July 6, 2009.

18VAC95-20-80 Required fees

The applicant or licensee shall submit all fees in this section that apply:

| 1. AIT program application | $215 | | --- | --- | | 2. Preceptor application | $65 | | 3. Licensure application | $315 | | 4. Verification of licensure requests from other states | $35 | | 5. Nursing home administrator license renewal | $315 | | 6. Inactive nursing home administrator license renewal | $150 | | 7. Preceptor renewal | $65 | | 8. Fee for nursing home administrator late renewal | $110 | | 9. Fee for preceptor late renewal | $25 | | 10. Fee for late inactive licensure renewal | $35 | | 11. Nursing home administrator reinstatement | $435 | | 12. Preceptor reinstatement | $105 | | 13. Duplicate license | $25 | | 14. Duplicate wall certificates | $40 | | 15. Reinstatement after disciplinary action | $1,000 |

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR500-01-2:1 § 3.1, eff. August 15, 1990; amended, Virginia Register Volume 7, Issue 25, eff. October 9, 1991; Volume 8, Issue 24, eff. September 24, 1992; Volume 10, Issue 17, eff. June 15, 1994; Volume 15, Issue 4, eff. December 9, 1998; Volume 19, Issue 7, eff. January 15, 2003; Volume 24, Issue 16, eff. May 14, 2008; Volume 31, Issue 2, eff. October 22, 2014; Volume 35, Issue 12, eff. March 6, 2019; Volume 41, Issue 15, eff. April 9, 2025.

18VAC95-20-90 (Repealed.)

Historical Notes

Derived from VR500-01-2:1, eff. August 15, 1990; amended, Virginia Register Volume 7, Issue 25, eff. October 9, 1991; Volume 8, Issue 24, eff. September 24, 1992; Volume 10, Issue 17, eff. June 15, 1994; repealed, Virginia Register Volume 15, Issue 4, eff. December 9, 1998.

18VAC95-20-130 Additional fee information

A. There shall be a fee of $50 for a returned check or a dishonored credit card or debit card.

B. Fees shall not be refunded once submitted.

C. Examination fees are to be paid directly to the service or entity that administers the examinations.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR500-01-2:1 § 3.6, eff. August 15, 1990; amended, Virginia Register Volume 7, Issue 25, eff. October 9, 1991; Volume 8, Issue 24, eff. September 24, 1992; Volume 10, Issue 17, eff. June 15, 1994; Volume 15, Issue 4, eff. December 9, 1998; Volume 22, Issue 13, eff. April 5, 2006; Volume 36, Issue 9, eff. February 6, 2020; Volume 41, Issue 15, eff. April 9, 2025.

18VAC95-20-140 (Repealed.)

Historical Notes

Part II Renewals , Reinstatements, and Inactive Licenses

18VAC95-20-170 Renewal requirements

A. A person who desires to renew his license or preceptor registration for the next year shall, not later than the expiration date of March 31 of each year, submit a completed renewal form and fee.

B. The renewal form and fee shall be received no later than the expiration date. Postmarks shall not be considered.

C. A nursing home administrator license or preceptor registration not renewed by the expiration date shall be invalid.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR500-01-2:1 § 4.4, eff. August 15, 1990; amended, Virginia Register Volume 7, Issue 25, eff. October 9, 1991; Volume 8, Issue 24, eff. September 24, 1992; Volume 10, Issue 17, eff. June 15, 1994; Volume 15, Issue 4, eff. December 9, 1998; Volume 26, Issue 8, eff. January 20, 2010.

18VAC95-20-175 Continuing education requirements

A. In order to renew a nursing home administrator license, an applicant shall attest on the renewal application to completion of 20 hours of approved continuing education for each renewal year.

Up to 10 of the 20 hours may be obtained through Internet or self-study courses and up to 10 continuing education hours in excess of the number required may be transferred or credited to the next renewal year.
Up to two hours of the 20 hours required for annual renewal may be satisfied through delivery of services, without compensation, to low-income individuals receiving health services through a local health department or a free clinic organized in whole or primarily for the delivery of those services. One hour of continuing education may be credited for one hour of providing such volunteer services, as documented by the health department or free clinic.
At least two hours of continuing education for each renewal year shall relate to the care of residents with mental or cognitive impairments, including Alzheimer's disease and dementia.
A licensee who serves as the registered preceptor in an approved AIT or Assisted Living Facility AIT program may receive one hour of continuing education credit for each week of training up to a maximum of 10 hours of self-study course credit for each renewal year.
A licensee is exempt from completing continuing education requirements and considered in compliance on the first renewal date following initial licensure.

B. In order for continuing education to be approved by the board, it shall be (i) related to health care administration and shall be approved or offered by NAB, an accredited institution, or a government agency or (ii) as provided in subdivision A 2 of this section.

C. Documentation of continuing education.

The licensee shall retain in the licensee's personal files for a period of three renewal years complete documentation of continuing education, including evidence of attendance or participation as provided by the approved sponsor for each course taken.
Evidence of attendance shall be an original document provided by the approved sponsor and shall include:

a. Date the course was taken;

b. Hours of attendance or participation; and

c. Participant's name.

If contacted for an audit, the licensee shall forward to the board by the date requested a signed affidavit of completion on forms provided by the board and evidence of attendance or participation as provided by the approved sponsor or as documented in the NAB continuing education registry.

D. The board may grant an extension of up to one year or an exemption for all or part of the continuing education requirements due to circumstances beyond the control of the administrator, such as a certified illness, a temporary disability, mandatory military service, or officially declared disasters. The request for an extension shall be received in writing and granted by the board prior to the renewal date.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3102 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 4, eff. December 9, 1998; amended, Virginia Register Volume 19, Issue 19, eff. July 2, 2003; Volume 24, Issue 20, eff. July 24, 2008; Volume 25, Issue 19, eff. June 24, 2009; Volume 29, Issue 20, eff. July 18, 2013; Volume 33, Issue 11, eff. March 9, 2017; Volume 35, Issue 12, eff. March 6, 2019; Volume 39, Issue 7, eff. December 21, 2022; Volume 41, Issue 15, eff. April 9, 2025.

18VAC95-20-180 Late renewal

A. A person who fails to renew a license or preceptor registration by the expiration date may, within one year of the initial expiration date:

Return the renewal notice or request renewal in writing to the board; and
Submit the applicable renewal fee and late fee.

B. The documents required in subsection A of this section shall be received in the board office within one year of the initial expiration date. Postmarks shall not be considered.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR500-01-2:1 § 4.5, eff. August 15, 1990; amended, Virginia Register Volume 7, Issue 25, eff. October 9, 1991; Volume 8, Issue 24, eff. September 24, 1992; Volume 10, Issue 17, eff. June 15, 1994; Volume 15, Issue 4, eff. December 9, 1998; Volume 35, Issue 12, eff. March 6, 2019; Volume 41, Issue 15, eff. April 9, 2025.

18VAC95-20-190 (Repealed.)

Historical Notes

Derived from VR500-01-2:1 § 4.6, eff. August 15, 1990; amended, Virginia Register Volume 7, Issue 25, eff. October 9, 1991; Volume 8, Issue 24, eff. September 24, 1992; Volume 10, Issue 17, eff. June 15, 1994; repealed, Virginia Register Volume 15, Issue 4, eff. December 9, 1998.

18VAC95-20-200 Reinstatement for nursing home administrator license or preceptor registration

A. The board may reinstate a nursing home administrator license or preceptor registration that was not renewed within one year of the initial expiration date.

B. An applicant for nursing home administrator license reinstatement shall apply on a reinstatement form provided by the board, submit the reinstatement fee, and provide one of the following:

Evidence of the equivalent of 20 hours of continuing education for each year since the last renewal, not to exceed a total of 60 hours.
Evidence of active practice in another state or United States jurisdiction or in the United States armed services during the period licensure in Virginia was lapsed.
Evidence of requalifying for licensure by meeting the requirements prescribed in 18VAC95-20-220 or 18VAC95-20-225.

C. An applicant for preceptor reinstatement shall apply on a reinstatement form provided by the board, submit the reinstatement fee, and meet the current requirements for a preceptor in effect at the time of application for reinstatement.

D. Any person whose license or registration has been suspended, revoked, or denied renewal by the board under the provisions of 18VAC95-20-470 shall, in order to be eligible for reinstatement, (i) submit a reinstatement application to the board for a license, (ii) pay the appropriate reinstatement fee, and (iii) submit any other credentials as prescribed by the board. After a hearing, the board may, at its discretion, grant the reinstatement.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR500-01-2:1 § 4.7, eff. August 15, 1990; amended, Virginia Register Volume 7, Issue 25, eff. October 9, 1991; Volume 8, Issue 24, eff. September 24, 1992; Volume 10, Issue 17, eff. June 15, 1994; Volume 15, Issue 4, eff. December 9, 1998; Volume 19, Issue 19, eff. July 2, 2003; Volume 35, Issue 12, eff. March 6, 2019.

18VAC95-20-201 Inactive licensure

A. A nursing home administrator who holds a current, unrestricted license in Virginia shall, upon a request for inactive status on the renewal application and submission of the required renewal fee, be issued an inactive license.

An inactive licensee shall not be entitled to perform any act requiring a license to practice nursing home administration or registration to serve as a preceptor in Virginia.
The holder of an inactive license shall not be required to meet continuing education requirements, except as may be required for reactivation in subsection B of this section.

B. A nursing home administrator who holds an inactive license may reactivate a license by:

Paying the difference between the renewal fee for an inactive license and that of an active license for the year in which the license is being reactivated; and
Providing proof of completion of the number of continuing competency hours required for the period in which the license has been inactive, not to exceed three years.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 41, Issue 15, eff. April 9, 2025.

18VAC95-20-210 (Repealed.)

Historical Notes

Derived from VR500-01-2:1 § 4.8, eff. August 15, 1990; amended, Virginia Register Volume 7, Issue 25, eff. October 9, 1991; Volume 8, Issue 24, eff. September 24, 1992; Volume 10, Issue 17, eff. June 15, 1994; repealed, Virginia Register Volume 15, Issue 4, eff. December 9, 1998.

Part III Requirements for Licensure

18VAC95-20-220 Qualifications for initial licensure

One of the following sets of qualifications is required for licensure as a nursing home administrator:

Degree and practical experience. The applicant shall (i) hold a baccalaureate or higher degree in a health care-related field that meets the requirements of 18VAC95-20-221 from an accredited institution, (ii) have completed not less than a 320-hour internship that addresses the Domains of Practice as specified in 18VAC95-20-390 in a licensed nursing home as part of the degree program under the supervision of a preceptor, and (iii) have received a passing grade on the national examination;
Certificate program. The applicant shall (i) hold a baccalaureate or higher degree from an accredited college or university, (ii) successfully complete a program with a minimum of 21 semester hours study in a health care-related field that meets the requirements of 18VAC95-20-221 from an accredited institution, (iii) successfully complete not less than a 400-hour internship that addresses the Domains of Practice as specified in 18VAC95-20-390 in a licensed nursing home as part of the certificate program under the supervision of a preceptor, and (iv) have received a passing grade on the national examination;
Administrator-in-training program. The applicant shall have (i) successfully completed an AIT program that meets the requirements of Part IV (18VAC95-20-300 et seq.) of this chapter and (ii) received a passing grade on the national examination; or
Health Services Executive (HSE) credential. The applicant shall provide evidence that the applicant has met the minimum education, experience, and examination standards established by NAB for qualification as a Health Services Executive.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR500-01-2:1 § 5.1, eff. August 15, 1990; amended, Virginia Register Volume 7, Issue 25, eff. October 9, 1991; Volume 8, Issue 24, eff. September 24, 1992; Volume 10, Issue 17, eff. June 15, 1994; Volume 15, Issue 4, eff. December 9, 1998; Volume 19, Issue 19, eff. July 2, 2003; Volume 22, Issue 26, eff. October 4, 2006; Volume 24, Issue 20, eff. July 24, 2008; Volume 29, Issue 20, eff. July 18, 2013; Volume 35, Issue 12, eff. March 6, 2019; Volume 41, Issue 15, eff. April 9, 2025.

18VAC95-20-221 Required content for coursework

To meet the educational requirements for a degree in a health care-related field, an applicant must provide an official transcript from an accredited college or university that documents successful completion of a minimum of 21 semester hours of coursework concentrated on the administration and management of health care services to include a minimum of three semester hours in each of the content areas in subdivisions 1 through 4 of this section, six semester hours in the content area set out in subdivision 5 of this section, and three semester hours for an internship.

Customer care, supports, services: Course content shall address program and service planning, supervision, and evaluation to meet the needs of patients, such as (i) nursing, medical and pharmaceutical care; (ii) rehabilitative, social, psychosocial, and recreational services; (iii) nutritional services; (iv) safety and rights protections; (v) quality assurance; and (vi) infection control.
Human resources: Course content shall focus on personnel leadership in a health care management role and must address organizational behavior and personnel management skills such as (i) staff organization, supervision, communication, and evaluation; (ii) staff recruitment, retention, and training; (iii) personnel policy development and implementation; and (iv) employee health and safety.
Finance: Course content shall address financial management of health care programs and facilities such as (i) an overview of financial practices and problems in the delivery of health care services; (ii) financial planning, accounting, analysis, and auditing; (iii) budgeting; (iv) health care cost issues; and (v) reimbursement systems and structures.
Environment: Course content shall address facility and equipment management such as (i) maintenance, (ii) housekeeping, (iii) safety, (iv) inspections and compliance with laws and regulations, and (v) emergency preparedness.
Leadership and management: Course content shall address the leadership roles in health delivery systems such as (i) government oversight and interaction, (ii) organizational policies and procedures, (iii) principles of ethics and law, (iv) community coordination and cooperation, (v) risk management, and (vi) governance and decision making.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 26, eff. October 4, 2006; amended, Virginia Register Volume 35, Issue 12, eff. March 6, 2019.

18VAC95-20-225 Qualifications for licensure by endorsement

The board may issue a license to any person who:

Holds a current, unrestricted license from any state or the District of Columbia; and
Meets one of the following conditions:

a. Has been engaged in active practice as a licensed nursing home administrator; or

b. Has education and experience equivalent to qualifications required by this chapter and has provided written evidence of those qualifications at the time of application for licensure.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 4, eff. December 9, 1998; amended, Virginia Register Volume 25, Issue 6, eff. December 24, 2008; Volume 35, Issue 12, eff. March 6, 2019.

18VAC95-20-230 Application package

A. An application for licensure shall be submitted after the applicant completes the qualifications for licensure.

B. An individual seeking licensure as a nursing home administrator or registration as a preceptor shall submit:

A completed application as provided by the board;
Additional documentation as may be required by the board to determine eligibility of the applicant;
The applicable fee; and
A current report from the U.S. Department of Health and Human Services National Practitioner Data Bank (NPDB).

C. An incomplete package shall be retained by the board for one year, after which time the application shall be destroyed and a new application and fee shall be required.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR500-01-2:1 § 5.2, eff. August 15, 1990; amended, Virginia Register Volume 7, Issue 25, eff. October 9, 1991; Volume 8, Issue 24, eff. September 24, 1992; Volume 10, Issue 17, eff. June 15, 1994; Volume 15, Issue 4, eff. December 9, 1998; Volume 19, Issue 19, eff. July 2, 2003; Volume 24, Issue 20, eff. July 24, 2008; Volume 26, Issue 8, eff. January 20, 2010; Volume 31, Issue 20, eff. July 16, 2015; Volume 35, Issue 12, eff. March 6, 2019; Volume 41, Issue 15, eff. April 9, 2025.

18VAC95-20-240 (Repealed.)

Historical Notes

Derived from VR500-01-2:1 §§ 5.3 to 5.7, eff. August 15, 1990; amended, Virginia Register Volume 7, Issue 25, eff. October 9, 1991; Volume 8, Issue 24, eff. September 24, 1992; Volume 10, Issue 17, eff. June 15, 1994; repealed, Virginia Register Volume 15, Issue 4, eff. December 9, 1998.

18VAC95-20-290 (Repealed.)

Historical Notes

Derived from VR500-01-2:1 § 5.8, eff. August 15, 1990; amended, Virginia Register Volume 7, Issue 25, eff. October 9, 1991; Volume 8, Issue 24, eff. September 24, 1992; Volume 10, Issue 17, eff. June 15, 1994; Volume 15, Issue 4, eff. December 9, 1998; repealed, Virginia Register Volume 19, Issue 19, eff. July 2, 2003.

Part IV Administrator-In-Training Program

18VAC95-20-300 Administrator-in-training qualifications

A. To be approved as an administrator-in-training, a person shall:

Have received a passing grade on a total of 60 semester hours of education from an accredited institution;
Obtain a registered preceptor to provide training;
Submit the fee prescribed in 18VAC95-20-80;
Submit the application and Domains of Practice form provided by the board; and
Submit additional documentation as may be necessary to determine eligibility of the applicant and the number of hours required for the AIT program.

B. An incomplete package shall be retained by the board for one year, after which time the application shall be destroyed and a new application and fee shall be required.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR500-01-2:1 § 6.1, eff. August 15, 1990; amended, Virginia Register Volume 7, Issue 25, eff. October 9, 1991; Volume 8, Issue 24, eff. September 24, 1992; Volume 10, Issue 17, eff. June 15, 1994; Volume 15, Issue 4, eff. December 9, 1998; Volume 19, Issue 19, eff. July 2, 2003; Volume 29, Issue 20, eff. July 18, 2013; Volume 35, Issue 12, eff. March 6, 2019; Volume 41, Issue 15, eff. April 9, 2025.

18VAC95-20-310 Required hours of training

A. The AIT program shall consist of 2,000 hours of continuous training in a facility as prescribed in 18VAC95-20-330 to be completed within 24 months. An extension may be granted by the board on an individual case basis. The board may reduce the required hours for applicants with certain qualifications as prescribed in subsections B and C of this section.

B. An AIT applicant with prior health care work experience may request approval to receive a maximum 1,000 hours of credit toward the total 2,000 hours as follows:

The applicant shall have been employed full time for four of the past five consecutive years immediately prior to application as an assistant administrator or director of nursing in a training facility as prescribed in 18VAC95-20-330, or as the licensed administrator of an assisted living facility;
The applicant with experience as a hospital administrator shall have been employed full time for three of the past five years immediately prior to application as a hospital administrator-of-record or an assistant hospital administrator in a hospital setting having responsibilities in all of the following areas:

a. Regulatory;

b. Fiscal;

c. Supervisory;

d. Personnel; and

e. Management; or

The applicant who holds a license as a registered nurse shall have held an administrative level supervisory position for at least four of the past five consecutive years, in a training facility as prescribed in 18VAC95-20-330.

C. An AIT applicant with the following educational qualifications shall meet these requirements:

An applicant with a master's or a baccalaureate degree in a health care-related field that meets the requirements of 18VAC95-20-221 with no internship shall complete 320 hours in an AIT program;
An applicant with a master's degree in a field other than health care shall complete 1,000 hours in an AIT program;
An applicant with a baccalaureate degree in a field other than health care shall complete 1,500 hours in an AIT program; or
An applicant with 60 semester hours of education in an accredited college or university shall complete 2,000 hours in an AIT program.

D. An AIT shall be required to serve weekday, evening, night and weekend shifts and to receive training in all areas of nursing home operation. An AIT shall receive credit for no more than 40 hours of training per week.

E. An AIT shall complete training on the care of residents with cognitive or mental impairments, including Alzheimer's disease and dementia.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3102 of the Code of Virginia.
Historical Notes: Derived from VR500-01-2:1 § 6.2, eff. August 15, 1990; amended, Virginia Register Volume 7, Issue 25, eff. October 9, 1991; Volume 8, Issue 24, eff. September 24, 1992; Volume 10, Issue 17, eff. June 15, 1994; Volume 15, Issue 4, eff. December 9, 1998; Volume 19, Issue 19, eff. July 2, 2003; Volume 22, Issue 26, eff. October 4, 2006; Volume 29, Issue 20, eff. July 18, 2013; Volume 39, Issue 7, eff. December 21, 2022.

18VAC95-20-320 (Repealed.)

Historical Notes

Derived from VR500-01-2:1 § 6.3, eff. August 15, 1990; amended, Virginia Register Volume 7, Issue 25, eff. October 9, 1991; Volume 8, Issue 24, eff. September 24, 1992; Volume 10, Issue 17, eff. June 15, 1994; repealed, Virginia Register Volume 15, Issue 4, eff. December 9, 1998.

18VAC95-20-330 Training facilities

Training in an AIT program shall be conducted only in:

A nursing home licensed by the Virginia Board of Health or by a similar licensing body in another jurisdiction;
An institution operated by the Virginia Department of Behavioral Health and Developmental Services in which long-term care is provided;
A certified nursing home owned or operated by an agency of any city, county, or the Commonwealth or of the United States government; or
A certified nursing home unit that is located in and operated by a licensed hospital as defined in § 32.1-123 of the Code of Virginia, a state-operated hospital, or a hospital licensed in another jurisdiction.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR500-01-2:1 § 6.4, eff. August 15, 1990; amended, Virginia Register Volume 7, Issue 25, eff. October 9, 1991; Volume 8, Issue 24, eff. September 24, 1992; Volume 10, Issue 17, eff. June 15, 1994; Volume 15, Issue 4, eff. December 9, 1998; Volume 19, Issue 19, eff. July 2, 2003; Volume 22, Issue 26, eff. October 4, 2006; Volume 28, Issue 24, eff. August 29, 2012.

18VAC95-20-340 Supervision of trainees

A. Training shall be under the supervision of a preceptor who is registered or recognized by a licensing board.

B. A preceptor may supervise no more than two AIT's at any one time.

C. A preceptor shall:

Provide direct instruction, planning, and evaluation in the training facility;
Shall be routinely present with the trainee for on-site supervision in the training facility as appropriate to the experience and training of the AIT and the needs of the residents in the facility; and
Shall continually evaluate the development and experience of the AIT to determine specific areas in the Domains of Practice that need to be addressed.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3102 of the Code of Virginia.
Historical Notes: Derived from VR500-01-2:1 § 6.5, eff. August 15, 1990; amended, Virginia Register Volume 7, Issue 25, eff. October 9, 1991; Volume 8, Issue 24, eff. September 24, 1992; Volume 10, Issue 17, eff. June 15, 1994; Volume 15, Issue 4, eff. December 9, 1998; Volume 19, Issue 19, eff. July 2, 2003; Volume 22, Issue 26, eff. October 4, 2006; Volume 35, Issue 12, eff. March 6, 2019; Volume 39, Issue 7, eff. December 21, 2022.

18VAC95-20-350 (Repealed.)

Historical Notes

Derived from VR500-01-2:1 §§ 6.6 to 6.8, eff. August 15, 1990; amended, Virginia Register Volume 7, Issue 25, eff. October 9, 1991; Volume 8, Issue 24, eff. September 24, 1992; Volume 10, Issue 17, eff. June 15, 1994; repealed, Virginia Register Volume 15, Issue 4, eff. December 9, 1998.

18VAC95-20-380 Qualifications of preceptors

A. To be registered by the board as a preceptor, a person shall:

Hold a current, unrestricted Virginia nursing home administrator license and be employed full time as an administrator of record in a training facility for a minimum of two of the past three years immediately prior to registration;
Provide evidence that he has completed the online preceptor training course offered by NAB; and
Meet the application requirements in 18VAC95-20-230.

B. To renew registration as a preceptor, a person shall:

Hold a current, unrestricted Virginia nursing home administrator license and be employed by or have an agreement with a training facility for a preceptorship; and
Meet the renewal requirements of 18VAC95-20-170.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR500-01-2:1 § 6.9, eff. August 15, 1990; amended, Virginia Register Volume 7, Issue 25, eff. October 9, 1991; Volume 8, Issue 24, eff. September 24, 1992; Volume 10, Issue 17, eff. June 15, 1994; Volume 15, Issue 4, eff. December 9, 1998; Volume 19, Issue 19, eff. July 2, 2003; Volume 22, Issue 26, eff. October 4, 2006; Volume 35, Issue 12, eff. March 6, 2019.

18VAC95-20-390 Training plan

Prior to the beginning of the AIT program, the preceptor shall develop and submit for board approval a training plan that shall include and be designed around the specific training needs of the administrator-in-training. The training plan shall address the Domains of Practice approved by NAB that is in effect at the time the training program is submitted for approval. An AIT program shall include training in each of the learning areas as outlined in the NAB AIT Manual.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3102 of the Code of Virginia.
Historical Notes: Derived from VR500-01-2:1 § 6.10, eff. August 15, 1990; amended, Virginia Register Volume 7, Issue 25, eff. October 9, 1991; Volume 8, Issue 24, eff. September 24, 1992; Volume 10, Issue 17, eff. June 15, 1994; Volume 15, Issue 4, eff. December 9, 1998; Volume 19, Issue 19, eff. July 2, 2003; Volume 22, Issue 26, eff. October 4, 2006; Volume 25, Issue 19, eff. June 24, 2009; Volume 35, Issue 12, eff. March 6, 2019; Volume 39, Issue 7, eff. December 21, 2022.

18VAC95-20-400 Reporting requirements

B. The AIT's final report of completion with the accumulated original monthly reports shall be submitted by the preceptor to the board within 30 days following the completion of the AIT program.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3102 of the Code of Virginia.
Historical Notes: Derived from VR500-01-2:1 § 6.11, eff. August 15, 1990; amended, Virginia Register Volume 7, Issue 25, eff. October 9, 1991; Volume 8, Issue 24, eff. September 24, 1992; Volume 10, Issue 17, eff. June 15, 1994; Volume 15, Issue 4, eff. December 9, 1998; Volume 39, Issue 7, eff. December 21, 2022.

18VAC95-20-410 (Repealed.)

Historical Notes

Derived from VR500-01-2:1 §§ 6.12 and 6.13, eff. August 15, 1990; amended, Virginia Register Volume 7, Issue 25, eff. October 9, 1991; Volume 8, Issue 24, eff. September 24, 1992; Volume 10, Issue 17, eff. June 15, 1994; repealed, Virginia Register Volume 15, Issue 4, eff. December 9, 1998.

18VAC95-20-430 Termination of program

A. If the AIT program is terminated prior to completion, the trainee and the preceptor shall each submit a written explanation of the causes of program termination to the board within 10 business days.

B. The preceptor shall also submit all required monthly progress reports completed prior to termination.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR500-01-2:1 § 6.14, eff. August 15, 1990; amended, Virginia Register Volume 7, Issue 25, eff. October 9, 1991; Volume 8, Issue 24, eff. September 24, 1992; Volume 10, Issue 17, eff. June 15, 1994; Volume 15, Issue 4, eff. December 9, 1998; Volume 35, Issue 12, eff. March 6, 2019.

18VAC95-20-440 Interruption of program

A. If the program is interrupted because the registered preceptor is unable to serve, the AIT shall notify the board within five working days.

B. Credit for training shall resume when a new preceptor is obtained and approved by the board.

C. If an alternate training plan is developed, it shall be submitted to the board for approval before the AIT resumes training.

History

Statutory Authority: § 54.1-2400 and Chapter 31 (§ 54.1-3100 et seq.) of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from VR500-01-2:1 § 6.15, eff. August 15, 1990; amended, Virginia Register Volume 7, Issue 25, eff. October 9, 1991; Volume 8, Issue 24, eff. September 24, 1992; Volume 10, Issue 17, eff. June 15, 1994; Volume 15, Issue 4, eff. December 9, 1998; Volume 41, Issue 15, eff. April 9, 2025.

18VAC95-20-450 (Repealed.)

Historical Notes

Derived from VR500-01-2:1 §§ 6.16 and 6.17, eff. August 15, 1990; amended, Virginia Register Volume 7, Issue 25, eff. October 9, 1991; Volume 8, Issue 24, eff. September 24, 1992; Volume 10, Issue 17, eff. June 15, 1994; repealed, Virginia Register Volume 15, Issue 4, eff. December 9, 1998.

Part V Refusal, Suspension, Revocation, and Disciplinary Action

18VAC95-20-470 Unprofessional conduct

The board may refuse to admit a candidate to an examination, refuse to issue or renew a license or registration or approval to any applicant, suspend a license for a stated period of time or indefinitely, reprimand a licensee or registrant, place his license or registration on probation with such terms and conditions and for such time as it may designate, impose a monetary penalty, or revoke a license or registration for any of the following causes:

Conducting the practice of nursing home administration in such a manner as to constitute a danger to the health, safety, and well-being of the residents, staff, or public;
Failure to comply with federal, state, or local laws and regulations governing the operation of a nursing home;
Conviction of a felony or any misdemeanor involving abuse, neglect, or moral turpitude;
Violating or cooperating with others in violating any of the provisions of Chapters 1 (§ 54.1-100 et seq.), 24 (§ 54.1-2400 et seq.), and 31 (§ 54.1-3100 et seq.) of the Code of Virginia or regulations of the board;
Inability to practice with reasonable skill or safety by reason of illness or substance abuse or as a result of any mental or physical condition;
Abuse, negligent practice, or misappropriation of a resident's property;
Entering into a relationship with a resident that constitutes a professional boundary violation in which the administrator uses his professional position to take advantage of the vulnerability of a resident or his family, to include actions that result in personal gain at the expense of the resident, an inappropriate personal involvement with a resident, or sexual conduct with a resident;
The denial, revocation, suspension, or restriction of a license to practice in another state, the District of Columbia, or a United States possession or territory;
Assuming duties and responsibilities within the practice of nursing home administration without adequate training or when competency has not been maintained;
Obtaining supplies, equipment, or drugs for personal or other unauthorized use;
Falsifying or otherwise altering resident or employer records, including falsely representing facts on a job application or other employment-related documents;
Fraud or deceit in procuring or attempting to procure a license or registration or seeking reinstatement of a license or registration; or
Employing or assigning unqualified persons to perform functions that require a license, certificate, or registration.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR500-01-2:1 § 7.1, eff. August 15, 1990; amended, Virginia Register Volume 7, Issue 25, eff. October 9, 1991; Volume 8, Issue 24, eff. September 24, 1992; Volume 10, Issue 17, eff. June 15, 1994; Volume 15, Issue 4, eff. December 9, 1998; Volume 29, Issue 20, eff. July 18, 2013; Volume 35, Issue 12, eff. March 6, 2019.

18VAC95-20-471 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 21, Issue 19, eff. June 29, 2005; repealed, Virginia Register Volume 35, Issue 12, eff. March 6, 2019.

18VAC95-20-480 (Repealed.)

Historical Notes

Chapter 30 Regulations Governing the Practice of Assisted Living Facility Administrators

Part I General Provisions

18VAC95-30-10 Definitions

A. The following words and terms when used in this chapter shall have the definitions ascribed to them in § 54.1-3100 of the Code of Virginia:

"Assisted living facility"

"Assisted living facility administrator"

"Board"

B. The following words and terms when used in this chapter shall have the following meanings unless the context indicates otherwise:

"Accredited institution" means any degree-granting college or university accredited by an accrediting body approved by the U.S. Department of Education.

"Active practice" means a minimum of 1,000 hours of practice as an assisted living facility administrator within the preceding 24 months.

"Administrator-of-record" means the licensed assisted living facility administrator designated in charge of the general administration and management of an assisted living facility, including compliance with applicable regulations, and identified as such to the facility's licensing agency.

"ALF AIT" means a person enrolled in an administrator-in-training program in a licensed assisted living facility.

"Approved sponsor" means an individual, business, or organization approved by NAB or by an accredited institution to offer continuing education programs in accordance with this chapter.

"Continuing education" means the educational activities that serve to maintain, develop, or increase the knowledge, skills, performance, and competence recognized as relevant to the assisted living facility administrator's professional responsibilities.

"Domains of Practice" means the content areas of tasks, knowledge and skills necessary for administration of a residential care or assisted living facility as approved by NAB.

"Full time" means employment of at least 35 hours per week.

"Hour" means 50 minutes of participation in a program for obtaining continuing education.

"Internship" means a practicum or course of study as part of a degree or post-degree program designed especially for the preparation of candidates for licensure as assisted living facility administrators that involves supervision by an accredited college or university of the practical application of previously studied theory.

"NAB" means the National Association of Long Term Care Administrator Boards.

"National examination" means a test used by the board to determine the competence of candidates for licensure as administered by NAB or any other examination approved by the board.

"Preceptor" means an assisted living facility administrator or nursing home administrator currently licensed and registered to conduct an ALF AIT program.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 6, eff. January 2, 2008; amended, Virginia Register Volume 25, Issue 19, eff. June 24, 2009; Volume 35, Issue 12, eff. March 6, 2019.

18VAC95-30-20 Posting of license

Each licensee shall post his license in a main entrance or place conspicuous to the public in each facility in which the licensee is administrator-of-record.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3102 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 6, eff. January 2, 2008.

18VAC95-30-30 Accuracy of information

B. All notices required by law and by this chapter to be mailed by the board to any licensee shall be validly given when mailed to the latest address of record on file with the board and shall not relieve the licensee, trainee, or preceptor of the obligation to comply.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 6, eff. January 2, 2008; amended, Virginia Register Volume 25, Issue 19, eff. July 1, 2009; Errata, 25:22 VA.R. 4172 July 6, 2009.

18VAC95-30-40 Required fees

A. The applicant or licensee shall submit all fees in this subsection that apply:

| 1. ALF AIT program application | $215 | | --- | --- | | 2. Preceptor application | $65 | | 3. Licensure application | $315 | | 4. Verification of licensure requests from other states | $35 | | 5. Assisted living facility administrator license renewal | $315 | | 6. Inactive license renewal | $150 | | 7. Preceptor renewal | $65 | | 8. Fee for assisted living facility administrator late renewal | $110 | | 9. Fee for preceptor late renewal | $25 | | 10. Fee for inactive license late renewal | $35 | | 11. Assisted living facility administrator reinstatement | $435 | | 12. Preceptor reinstatement | $105 | | 13. Duplicate license | $25 | | 14. Duplicate wall certificates | $40 | | 15. Returned check or dishonored credit card or debit card | $50 | | 16. Reinstatement after disciplinary action | $1,000 |

B. Fees shall not be refunded once submitted.

C. Examination fees are to be paid directly to the service or entity that administers the examination.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 6, eff. January 2, 2008; amended, Virginia Register Volume 24, Issue 16, eff. May 14, 2008; Volume 31, Issue 2, eff. October 22, 2014; Volume 35, Issue 12, eff. March 6, 2019; Volume 36, Issue 9, eff. February 6, 2020; Volume 41, Issue 15, eff. April 9, 2025.

18VAC95-30-50 Practice by a licensed nursing home administrator

Pursuant to § 54.1-3102 B of the Code of Virginia, a person who holds a license as a nursing home administrator issued by the board may engage in the general administration of an assisted living facility.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3102 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 6, eff. January 2, 2008.

Part II Renewals , Reinstatements, and Inactive Licenses

18VAC95-30-60 Renewal requirements

A. A person who desires to renew his license or preceptor registration for the next year shall, not later than the expiration date of March 31 of each year, submit a completed renewal form and fee.

B. The renewal form and fee shall be received no later than the expiration date. Postmarks shall not be considered.

C. An assisted living facility administrator license or preceptor registration not renewed by the expiration date shall be invalid, and continued practice may constitute grounds for disciplinary action.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 6, eff. January 2, 2008; amended, Virginia Register Volume 26, Issue 8, eff. January 20, 2010; Volume 31, Issue 3, eff. November 20, 2014.

18VAC95-30-70 Continuing education requirements

A. In order to renew an assisted living administrator license, an applicant shall attest on the applicant's renewal application to completion of 20 hours of approved continuing education for each renewal year.

Up to 10 of the 20 hours may be obtained through Internet or self-study courses and up to 10 continuing education hours in excess of the number required may be transferred or credited to the next renewal year.
Up to two hours of the 20 hours required for annual renewal may be satisfied through delivery of services, without compensation, to low-income individuals receiving health services through a local health department or a free clinic organized in whole or primarily for the delivery of those services. One hour of continuing education may be credited for one hour of providing such volunteer services, as documented by the health department or free clinic.
At least two hours of continuing education for each renewal year shall relate to the care of residents with mental or cognitive impairments, including Alzheimer's disease and dementia.
A licensee who serves as the registered preceptor in an approved ALF AIT program may receive one hour of continuing education credit for each week of training up to a maximum of 10 hours of self-study course credit for each renewal year.
A licensee is exempt from completing continuing education requirements for the first renewal following initial licensure in Virginia.

B. In order for continuing education to be approved by the board, it shall (i) be related to the Domains of Practice for residential care or assisted living and approved or offered by NAB, an accredited educational institution, or a governmental agency or (ii) be as provided in subdivision A 2 of this section.

C. Documentation of continuing education.

The licensee shall retain in the licensee's personal files for a period of three renewal years complete documentation of continuing education, including evidence of attendance or participation as provided by the approved sponsor for each course taken.
Evidence of attendance shall be an original document provided by the approved sponsor and shall include:

a. Date the course was taken;

b. Hours of attendance or participation; and

c. Participant's name.

If contacted for an audit, the licensee shall forward to the board by the date requested a signed affidavit of completion on forms provided by the board and evidence of attendance or participation as provided by the approved sponsor or as documented in the NAB continuing education registry.

D. The board may grant an extension of up to one year or an exemption for all or part of the continuing education requirements due to circumstances beyond the control of the administrator, such as a certified illness, a temporary disability, mandatory military service, or officially declared disasters. The request for an extension shall be submitted in writing and granted by the board prior to the renewal date.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3102 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 6, eff. January 2, 2008; amended, Virginia Register Volume 31, Issue 3, eff. November 20, 2014; Volume 33, Issue 11, eff. March 9, 2017; Volume 35, Issue 12, eff. March 6, 2019; Volume 39, Issue 7, eff. December 21, 2022; Volume 41, Issue 15, eff. April 9, 2025.

18VAC95-30-80 Late renewal

A. A person who fails to renew a license or preceptor registration by the expiration date may, within one year of the initial expiration date:

Submit the renewal notice or request renewal by mail to the board;
Submit the applicable renewal fee and penalty fee; and
Provide evidence as may be necessary to establish eligibility for renewal.

B. The documents required in subsection A of this section shall be received in the board office within one year of the initial expiration date. Postmarks shall not be considered.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3102 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 6, eff. January 2, 2008; amended, Virginia Register Volume 41, Issue 15, eff. April 9, 2025.

18VAC95-30-90 Reinstatement for an assisted living facility administrator license or preceptor registration

A. The board may reinstate an assisted living facility administrator license or preceptor registration that was not renewed within one year of the initial expiration date.

B. An applicant for assisted living facility administrator license reinstatement shall apply on a reinstatement form provided by the board, submit the reinstatement fee, and provide one of the following:

Evidence of the equivalent of 20 hours of continuing education for each year since the last renewal, not to exceed a total of 60 hours.
Evidence of active practice in another state or United States jurisdiction or in the United States armed services during the period licensure in Virginia was lapsed.
Evidence of requalifying for licensure by meeting the requirements prescribed in 18VAC95-30-100 and 18VAC95-30-110.

D. Any person whose license or registration has been suspended, revoked, or denied renewal by the board under the provisions of 18VAC95-30-210 shall, in order to be eligible for reinstatement, (i) submit a reinstatement application to the board for a license, (ii) pay the appropriate reinstatement fee, and (iii) submit any other credentials as prescribed by the board. After a hearing, the board may, at its discretion, grant the reinstatement.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 6, eff. January 2, 2008; amended, Virginia Register Volume 35, Issue 12, eff. March 6, 2019.

18VAC95-30-91 Inactive licensure

A. An assisted living facility administrator who holds a current, unrestricted license in Virginia shall, upon a request for inactive status on the renewal application and submission of the required renewal fee, be issued an inactive license.

An inactive licensee shall not be entitled to perform any act requiring a license to practice assisted living facility administration or registration to serve as a preceptor in Virginia.
The holder of an inactive license shall not be required to meet continuing education requirements, except as may be required for reactivation in subsection B of this section.

B. An assisted living facility administrator who holds an inactive license may reactivate such license by:

Paying the difference between the renewal fee for an inactive license and that of an active license for the year in which the license is being reactivated; and
Providing proof of completion of the number of continuing competency hours required for the period in which the license has been inactive, not to exceed three years.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 41, Issue 15, eff. April 9, 2025.

Part III Requirements for Licensure

18VAC95-30-95 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 24, Issue 6, eff. January 2, 2008; amended, Virginia Register Volume 24, Issue 23, eff. September 4, 2008; repealed, Virginia Register Volume 31, Issue 3, eff. November 20, 2014.

18VAC95-30-100 Educational and training requirements for initial licensure

A. To be qualified for initial licensure as an assisted living facility administrator, an applicant shall hold a high school diploma or general education diploma (GED) and hold one of the following qualifications:

Administrator-in-training program.

a. Complete at least 30 semester hours of postsecondary education in an accredited college or university with at least 15 of the 30 semester hours in business or human services or a combination thereof and 640 hours in an ALF AIT program as specified in 18VAC95-30-150;

b. Complete an educational program as a licensed practical nurse and hold a current, unrestricted license or multistate licensure privilege and 640 hours in an ALF AIT program;

c. Complete an educational program as a registered nurse and hold a current, unrestricted license or multistate licensure privilege and 480 hours in an ALF AIT program;

d. Complete at least 30 semester hours in an accredited college or university with courses in the content areas of (i) client or resident care, (ii) human resources management, (iii) financial management, (iv) physical environment, and (v) leadership and governance, and 480 hours in an ALF AIT program;

e. Hold a master's or a baccalaureate degree in health care-related field or a comparable field that meets the requirements of subsection B of this section with no internship or practicum and 320 hours in an ALF AIT program;

f. Hold a master's or baccalaureate degree in an unrelated field and 480 hours in an ALF AIT program; or

g. Have at least three years of health care experience, to include at least one consecutive year in a managerial or supervisory role, in a health care setting within the five years prior to application and 640 hours in an ALF AIT program. For purposes of this qualification, these definitions shall apply: (i) "health care experience" means full-time equivalency experience in providing care to residents or patients in a health care setting; (ii) "health care setting" means a licensed home health organization, licensed hospice program, licensed hospital or nursing home, licensed assisted living facility, licensed adult day program, or licensed mental health or developmental services facility; and (iii) "managerial or supervisory role" means an employment role that includes management responsibility and supervision of two or more staff.

Certificate program.

Hold a baccalaureate or higher degree in a field unrelated to health care from an accredited college or university and successfully complete a certificate program with a minimum of 21 semester hours study in a health care-related field that meets course content requirements of subsection B of this section from an accredited college or university and successfully complete not less than a 320-hour internship or practicum that addresses the Domains of Practice as specified in 18VAC95-30-160 in a licensed assisted living facility as part of the certificate program under the supervision of a preceptor; or

Degree and practical experience.

Hold a baccalaureate or higher degree in a health care-related field that meets the course content requirements of subsection B of this section from an accredited college or university and have completed not less than a 320-hour internship or practicum that addresses the Domains of Practice as specified in 18VAC95-30-160 in a licensed assisted living facility as part of the degree program under the supervision of a preceptor.

B. To meet the educational requirements for a degree in a health care-related field, an applicant must provide an official transcript from an accredited college or university that documents successful completion of a minimum of 21 semester hours of coursework concentrated on the administration and management of health care services to include a minimum of six semester hours in the content area set out in subdivision 1 of this subsection, three semester hours in each of the content areas in subdivisions 2 through 5 of this subsection, and three semester hours for an internship or practicum.

Customer care, supports, and services;
Human resources;
Finance;
Environment;
Leadership and management.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3102 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 6, eff. January 2, 2008; amended, Virginia Register Volume 35, Issue 12, eff. March 6, 2019; Volume 39, Issue 7, eff. December 21, 2022.

18VAC95-30-110 Examination requirement for initial licensure

To be licensed under 18VAC95-30-95 or 18VAC95-30-100, an applicant shall provide evidence of a passing grade on the national credentialing examination for administrators of assisted living facilities approved by the board.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3102 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 6, eff. January 2, 2008.

18VAC95-30-120 Qualifications for licensure by endorsement or credentials

A. If applying from any state or the District of Columbia in which a license, certificate, or registration is required to be the administrator of an assisted living facility, an applicant for licensure by endorsement shall hold a current, unrestricted license, certificate, or registration from that state or the District of Columbia. If applying from a jurisdiction that does not have such a requirement, an applicant may apply for licensure by credentials, and no evidence of licensure, certification, or registration is required.

B. The board may issue a license to any person who:

Meets the provisions of subsection A of this section;
Has not been the subject of a disciplinary action taken by any jurisdiction in which he was found to be in violation of law or regulation governing practice and which, in the judgment of the board, has not remediated;
Meets one of the following conditions:

a. Has been engaged in active practice as an assisted living facility administrator in an assisted living facility that provides assisted living care as defined in § 63.2-100 of the Code of Virginia; or

b. Has education and experience substantially equivalent to qualifications required by this chapter and has provided written evidence of those qualifications at the time of application for licensure; and

Has successfully passed a national credentialing examination for administrators of assisted living facilities approved by the board.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 6, eff. January 2, 2008; amended, Virginia Register Volume 35, Issue 12, eff. March 6, 2019.

18VAC95-30-130 Application package

A. An application for licensure shall be submitted after the applicant completes the qualifications for licensure.

B. An individual seeking licensure as an assisted living facility administrator or registration as a preceptor shall submit:

A completed application as provided by the board;
Additional documentation as may be required by the board to determine eligibility of the applicant, to include the most recent survey report if the applicant has been serving as an acting administrator of a facility;
The applicable fee; and
A current report from the U.S. Department of Health and Human Services National Practitioner Data Bank (NPDB).

C. An incomplete package shall be retained by the board for one year, after which time the application shall be destroyed and a new application and fee shall be required.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 6, eff. January 2, 2008; amended, Virginia Register Volume 26, Issue 8, eff. January 20, 2010; Volume 31, Issue 20, eff. July 16, 2015; Volume 32, Issue 3, eff. November 4, 2015; Volume 35, Issue 12, eff. March 6, 2019; Volume 41, Issue 15, eff. April 9, 2025.

Part IV Administrator-in-Training Program

18VAC95-30-140 Training qualifications

A. To be approved as an ALF administrator-in-training, a person shall:

Meet the requirements of 18VAC95-30-100 A 1;
Obtain a registered preceptor to provide training;
Submit the application and Domains of Practice form provided by the board and the fee prescribed in 18VAC95-30-40; and
Submit additional documentation as may be necessary to determine eligibility of the applicant and the number of hours required for the ALF AIT program.

B. An incomplete package shall be retained by the board for one year, after which time the application shall be destroyed and a new application and fee shall be required.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 6, eff. January 2, 2008; amended, Virginia Register Volume 35, Issue 12, eff. March 6, 2019; Volume 41, Issue 15, eff. April 9, 2025.

18VAC95-30-150 Required hours of training

A. The ALF AIT program shall consist of hours of continuous training as specified in 18VAC95-30-100 A 1 in a facility as prescribed in 18VAC95-30-170 to be completed within 24 months, except a person in an ALF AIT program who has been approved by the board and is serving as an acting administrator shall complete the program within 150 days. An extension may be granted by the board on an individual case basis. The board may reduce the required hours for applicants with certain qualifications as prescribed in subsection B of this section.

B. An ALF AIT program applicant with prior health care work experience may request approval to receive hours of credit toward the total hours as follows:

An applicant who has been employed full time for one of the past four years immediately prior to application as an assistant administrator in a licensed assisted living facility or nursing home or as a hospital administrator shall complete 320 hours in an ALF AIT program;
An applicant who holds a license or a multistate licensure privilege as a registered nurse and who has held an administrative level supervisory position in nursing for at least one of the past four consecutive years in a licensed assisted living facility or nursing home shall complete 320 hours in an ALF AIT program; or
An applicant who holds a license or a multistate licensure privilege as a licensed practical nurse and who has held an administrative level supervisory position in nursing for at least one of the past four consecutive years in a licensed assisted living facility or nursing home shall complete 480 hours in an ALF AIT program.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 6, eff. January 2, 2008; amended, Virginia Register Volume 24, Issue 23, eff. September 4, 2008; Volume 32, Issue 3, eff. November 4, 2015; Volume 35, Issue 12, eff. March 6, 2019.

18VAC95-30-160 Required content of an ALF administrator-in-training program

A. Prior to the beginning of the training program, the preceptor shall develop and submit for board approval a training plan that shall include and be designed around the specific training needs of the administrator-in-training. The training plan shall include the tasks and the knowledge and skills required to complete those tasks as approved by NAB as the domains of practice for residential care/assisted living in effect at the time the training is being provided. An ALF AIT program shall include training in each of the learning areas as outlined in the NAB AIT Manual.

B. An ALF AIT shall be required to serve weekday, evening, night, and weekend shifts and to receive training in all areas of an assisted living facility operation.

C. An AIT shall receive credit for no more than 40 hours of training per week.

D. An ALF AIT shall complete training on the care of residents with cognitive or mental impairments, including Alzheimer's disease and dementia.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3102 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 6, eff. January 2, 2008; amended, Virginia Register Volume 39, Issue 7, eff. December 21, 2022.

18VAC95-30-170 Training facilities

A. Training in an ALF AIT program or for an internship shall be conducted only in:

An assisted living facility or unit licensed by the Virginia Board of Social Services or by a similar licensing body in another jurisdiction;
An assisted living facility owned or operated by an agency of any city, county, or the Commonwealth or of the United States government; or
An assisted living unit located in and operated by a licensed hospital as defined in § 32.1-123 of the Code of Virginia, a state-operated hospital, or a hospital licensed in another jurisdiction.

B. Training in an ALF AIT program or for an internship shall not be conducted in:

An assisted living facility with a provisional license as determined by the Department of Social Services in which the AIT program is a new ALF AIT program;
An assisted living facility with a conditional license as determined by the Department of Social Services in which the AIT applicant is the owner of the facility;
A facility that is licensed as residential only and does not require an administrator licensed by the Board of Long-Term Care Administrators; or
An assisted living facility with a licensed resident capacity of fewer than 20 residents.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3102 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 6, eff. January 2, 2008; amended, Virginia Register Volume 35, Issue 12, eff. March 6, 2019; Volume 39, Issue 7, eff. December 21, 2022.

18VAC95-30-180 Preceptors

A. Training in an ALF AIT program shall be under the supervision of a preceptor who is registered or recognized by Virginia or a similar licensing board in another jurisdiction.

B. To be registered by the board as a preceptor, a person shall:

Hold a current, unrestricted Virginia assisted living facility administrator or nursing home administrator license;
Be employed full time as an administrator in a training facility for a minimum of two of the past four years immediately prior to registration or be a regional administrator with on-site supervisory responsibilities for a training facility;
Provide evidence that he has completed the online preceptor training course offered by NAB; and
Submit an application and fee as prescribed in 18VAC95-30-40. The board may waive such application and fee for a person who is already approved as a preceptor for nursing home licensure.

C. A preceptor shall:

Provide direct instruction, planning, and evaluation;
Be routinely present for on-site supervision of the trainee in the training facility as appropriate to the experience and training of the ALF AIT and the needs of the residents in the facility; and
Continually evaluate the development and experience of the trainee to determine specific areas needed for concentration.

D. A preceptor may supervise no more than two trainees at any one time.

E. A preceptor for a person who is serving as an acting administrator while in an ALF AIT program shall be present in the training facility for face-to-face instruction and review of the trainee's performance for a minimum of four hours per week.

F. To renew registration as a preceptor, a person shall:

Hold a current, unrestricted Virginia assisted living facility or nursing home license and be employed by or have a written agreement with a training facility for a preceptorship; and
Meet the renewal requirements of 18VAC95-30-60.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3102 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 6, eff. January 2, 2008; amended, Virginia Register Volume 24, Issue 23, eff. September 4, 2008; Volume 31, Issue 3, eff. November 20, 2014; Volume 32, Issue 3, eff. November 4, 2015; Volume 35, Issue 12, eff. March 6, 2019; Volume 39, Issue 7, eff. December 21, 2022.

18VAC95-30-190 Reporting requirements

A. The preceptor shall maintain progress reports on forms prescribed by the board for each month of training. The preceptor shall document in the progress report evidence of on-site supervision of the AIT training. For a person who is serving as an acting administrator while in an ALF AIT program, the preceptor shall include in the progress report evidence of face-to-face instruction and review for a minimum of four hours per week.

B. The trainee's final report of completion with the accumulated original monthly reports shall be submitted by the preceptor to the board within 30 days following the completion of the program.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3102 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 6, eff. January 2, 2008; amended, Virginia Register Volume 32, Issue 3, eff. November 4, 2015; Volume 39, Issue 7, eff. December 21, 2022.

18VAC95-30-200 Interruption or termination of program

A. If the program is interrupted because the registered preceptor is unable to serve, the trainee shall notify the board within 10 working days.

Credit for training shall resume when a new preceptor is obtained and approved by the board.
If an alternate training plan is developed, it shall be submitted to the board for approval before the trainee resumes training.

B. If the training program is terminated prior to completion, the trainee and the preceptor shall each submit a written explanation of the causes of program termination to the board within 10 business days. The preceptor shall also submit all required monthly progress reports completed prior to termination within 10 business days.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 6, eff. January 2, 2008; amended, Virginia Register Volume 31, Issue 3, eff. November 20, 2014; Volume 35, Issue 12, eff. March 6, 2019; Volume 41, Issue 15, eff. April 9, 2025.

18VAC95-30-201 Administrator-in-training program for acting administrators

A. A person who is in an ALF AIT program while serving as an acting administrator pursuant to § 54.1-3103.1 of the Code of Virginia shall be identified on his nametag as an acting administrator-in-training.

B. The facility shall post the certificate issued by the board for the acting administrator and a copy of the license of the preceptor in a place conspicuous to the public.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 3, eff. November 4, 2015.

Part V Refusal, Suspension, Revocation and Disciplinary Action

18VAC95-30-210 Unprofessional conduct

The board may refuse to admit a candidate to an examination, refuse to issue or renew a license or registration or grant approval to any applicant, suspend a license or registration for a stated period of time or indefinitely, reprimand a licensee or registrant, place his license or registration on probation with such terms and conditions and for such time as it may designate, impose a monetary penalty, or revoke a license or registration for any of the following causes:

Conducting the practice of assisted living administration in such a manner as to constitute a danger to the health, safety, and well-being of the residents, staff, or public;
Failure to comply with federal, state, or local laws and regulations governing the operation of an assisted living facility;
Conviction of a felony or any misdemeanor involving abuse, neglect, or moral turpitude;
Violating or cooperating with others in violating any of the provisions of Chapters 1 (§ 54.1-100 et seq.), 24 (§ 54.1-2400 et seq.), and 31 (§ 54.1-3100 et seq.) of the Code of Virginia or regulations of the board;
Inability to practice with reasonable skill or safety by reason of illness or substance abuse or as a result of any mental or physical condition;
Abuse, negligent practice, or misappropriation of a resident's property;
Entering into a relationship with a resident that constitutes a professional boundary violation in which the administrator uses his professional position to take advantage of the vulnerability of a resident or his family, to include actions that result in personal gain at the expense of the resident, an inappropriate personal involvement with a resident, or sexual conduct with a resident;
The denial, revocation, suspension, or restriction of a license to practice in another state, the District of Columbia or a United States possession or territory;
Assuming duties and responsibilities within the practice of assisted living facility administration without adequate training or when competency has not been maintained;
Obtaining supplies, equipment, or drugs for personal or other unauthorized use;
Falsifying or otherwise altering resident or employer records, including falsely representing facts on a job application or other employment-related documents;
Fraud or deceit in procuring or attempting to procure a license or registration or seeking reinstatement of a license or registration; or
Employing or assigning unqualified persons to perform functions that require a license, certificate, or registration.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 6, eff. January 2, 2008; amended, Virginia Register Volume 35, Issue 12, eff. March 6, 2019.

Agency 105 Board of Optometry

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

18VAC105-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Board of Optometry. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008.

18VAC105-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Board of Optometry, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008.

Part II Notification of Interested Persons

18VAC105-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008.

18VAC105-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 18VAC105-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008.

Part III Public Participation Procedures

18VAC105-11-50 Public comment

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008; amended, Virginia Register Volume 33, Issue 4, eff. December 5, 2016.

18VAC105-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008.

18VAC105-11-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008.

18VAC105-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008.

18VAC105-11-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008.

18VAC105-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008.

18VAC105-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008.

Agency 110 Board of Pharmacy

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

18VAC110-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Board of Pharmacy. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

18VAC110-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Board of Pharmacy, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

Part II Notification of Interested Persons

18VAC110-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

18VAC110-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 18VAC110-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

Part III Public Participation Procedures

18VAC110-11-50 Public comment

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008; amended, Virginia Register Volume 33, Issue 5, eff. December 15, 2016.

18VAC110-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

18VAC110-11-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

18VAC110-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

18VAC110-11-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

18VAC110-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

18VAC110-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

Chapter 20 Regulations Governing the Practice of Pharmacy

Part I General Provisions

18VAC110-20-10 Definitions

In addition to words and terms defined in §§ 54.1-3300 and 54.1-3401 of the Code of Virginia, the following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"Acquisition" of an existing entity permitted, registered, or licensed by the board means (i) the purchase or transfer of all or substantially all of the assets of the entity or of any corporation that owns or controls the entity; (ii) the creation of a partnership by a sole proprietor or change in partnership composition; (iii) the acquiring of 50% or more of the outstanding shares of voting stock of a corporation owning the entity or of the parent corporation of a wholly owned subsidiary owning the entity, except that this shall not apply to any corporation the voting stock of which is actively traded on any securities exchange or in any over-the-counter market; or (iv) the merger of a corporation owning the entity or of the parent corporation of a wholly owned subsidiary owning the entity with another business or corporation.

"Actively reports" means reporting all dispensing errors and analyses of such errors to a patient safety organization as soon as practical or at least within 30 days of identifying the error.

"Alternate delivery site" means a location authorized in 18VAC110-20-275 to receive dispensed prescriptions on behalf of and for further delivery or administration to a patient.

"Analysis" means a review of the findings collected and documented on each dispensing error, assessment of the cause, and any factors contributing to the dispensing error, and any recommendation for remedial action to improve pharmacy systems and workflow processes to prevent or reduce future errors.

"Authorized collector" means a narcotic treatment program, hospital or clinic with an on-site pharmacy, or pharmacy that is authorized by the U.S. Drug Enforcement Administration to receive drugs for the purpose of destruction.

"Beyond-use date" means the date beyond which the integrity of a compounded, repackaged, or dispensed drug can no longer be ensured and as such is deemed to be adulterated or misbranded as defined in §§ 54.1-3461 and 54.1-3462 of the Code of Virginia.

"Board" means the Virginia Board of Pharmacy.

"Chart order" means a lawful order for a drug or device entered on the chart or in a medical record of a patient by a prescriber or the prescriber's designated agent.

"Compliance packaging" means packaging for dispensed drugs that is comprised of a series of containers for solid oral dosage forms and designed to assist the user in administering or self-administering the drugs in accordance with directions for use.

"Correctional facility" means any prison, penitentiary, penal facility, jail, detention unit, or other facility in which persons are incarcerated by government officials.

"DEA" means the U.S. Drug Enforcement Administration.

"Designated location" means a station, EMS agency substation or satellite location, or other location approved by the DEA, if applicable, and designated by an EMS agency or regional EMS council.

"Dispensing error" means one or more of the following discovered after the final verification by the pharmacist, regardless of whether the patient received the drug:

Variation from the prescriber's prescription drug order, including:

a. Incorrect drug;

b. Incorrect drug strength;

c. Incorrect dosage form;

d. Incorrect patient; or

e. Inadequate or incorrect packaging, labeling, or directions.

Failure to exercise professional judgment in identifying and managing:

a. Known therapeutic duplication;

b. Known drug-disease contraindications;

c. Known drug-drug interactions;

d. Incorrect drug dosage or duration of drug treatment;

e. Known drug-allergy interactions;

f. A clinically significant, avoidable delay in therapy; or

g. Any other significant, actual, or potential problem with a patient's drug therapy.

Delivery of a drug to the incorrect patient.
Variation in bulk repackaging or filling of automated devices, including:

a. Incorrect drug;

b. Incorrect drug strength;

c. Incorrect dosage form; or

d. Inadequate or incorrect packaging or labeling.

"Drug donation site" means a permitted pharmacy that specifically registers with the board for the purpose of receiving or redispensing eligible donated prescription drugs pursuant to § 54.1-3411.1 of the Code of Virginia.

"Electronic prescription" means a written prescription that is generated on an electronic application and is transmitted to a pharmacy as an electronic data file; Schedules II through V prescriptions shall be transmitted in accordance with 21 CFR Part 1300.

"Emergency medical services provider" or "EMS provider" means the same as defined in 12VAC5-31-10.

"Emergency medical services vehicle" or "EMS vehicle" has the same meaning prescribed in § 32.1-111.1 of the Code of Virginia.

"EMS agency" has the same meaning as prescribed in § 32.1-111.1 of the Code of Virginia.

"Expiration date" means that date placed on a drug package by the manufacturer or repacker beyond which the product may not be dispensed or used.

"Faxed prescription" means a written prescription or order that is transmitted by an electronic device that sends over telephone lines the exact image to the receiver (pharmacy) in a hard copy form.

"FDA" means the U.S. Food and Drug Administration.

"Floor stock" means a supply of drugs that have been distributed for the purpose of general administration by a prescriber or other authorized person pursuant to a valid order of a prescriber.

"Forgery" means a prescription that was falsely created, falsely signed, or altered.

"Generic drug name" means the nonproprietary name listed in the United States Pharmacopeia-National Formulary (USP-NF) or in the United States Adopted Names (USAN) and the USP Dictionary of Drug Names.

"Hospital" or "nursing home" means those facilities as defined in Title 32.1 of the Code of Virginia or as defined in regulations by the Virginia Department of Health.

"Hospital-owned" means, with respect to an EMS agency, owned by a hospital.

"Initials" means the first letters of a person's name or other unique personal identifier.

"Long-term care facility" means a nursing home, retirement care, mental care, or other facility or institution that provides extended health care to resident patients.

"NABP" means the National Association of Boards of Pharmacy.

"Nuclear pharmacy" means a pharmacy providing radiopharmaceutical services.

"On duty" means that a pharmacist is on the premises at the address of the permitted pharmacy and is available as needed.

"On-hold prescription" means a valid prescription that is received and maintained at the pharmacy for initial dispensing on a future date.

"Other EMS vehicle" means a vehicle used by the EMS agency or regional EMS council for the purpose of providing or facilitating emergency medical care or transporting controlled substances to and from the registered and designated locations. Such vehicles must be either owned by or registered to an EMS agency, regional EMS council, or jurisdiction and operated by an EMS agency or regional EMS council.

"Patient safety organization" means an organization that has as its primary mission continuous quality improvement under the Patient Safety and Quality Improvement Act of 2005 (P.L. 109-41) and is credentialed by the Agency for Healthcare Research and Quality.

"Permitted physician" means a physician who is licensed pursuant to § 54.1-3304 of the Code of Virginia to dispense drugs to persons to whom or for whom pharmacy services are not reasonably available.

"Perpetual inventory" means an ongoing system for recording quantities of drugs received, dispensed, or otherwise distributed by a pharmacy.

"Personal supervision" means the pharmacist must be physically present and render direct, personal control over the entire service being rendered or act being performed. Neither prior nor future instructions shall be sufficient nor shall supervision rendered by telephone, written instructions, or by any mechanical or electronic methods be sufficient.

"Pharmacy closing" means that the permitted pharmacy ceases pharmacy services or fails to provide for continuity of pharmacy services or lawful access to patient prescription records or other required patient records for the purpose of continued pharmacy services to patients.

"PIC" means the pharmacist-in-charge of a permitted pharmacy.

"Practice location" means any location in which a prescriber evaluates or treats a patient.

"Prescription department" means any contiguous or noncontiguous areas used for the compounding, dispensing, and storage of all Schedules II through VI drugs and devices and any Schedule I investigational drug.

"Quality assurance plan" means a plan approved by the board for ongoing monitoring, measuring, evaluating, and, if necessary, improving the performance of a pharmacy function or system.

"Radiopharmaceutical" means any drug that exhibits spontaneous disintegration of unstable nuclei with the emission of nuclear particles or photons and includes any nonradioactive reagent kit or radionuclide generator that is intended to be used in the preparation of any such substance but does not include drugs such as carbon-containing compounds or potassium-containing salts that include trace quantities of naturally occurring radionuclides. The term also includes any biological product that is labeled with a radionuclide or intended solely to be labeled with a radionuclide.

"Regional EMS council" means an organization designated by the State Board of Health pursuant to § 32.1-111.4:2 of the Code of Virginia.

"Registered EMS agency headquarters" means the principal office and primary business location of an EMS agency that maintains a controlled substances registration issued by the board or a hospital-owned EMS agency that is covered by the registration of a hospital.

"Registered location" means, for the purposes of emergency medical services, a location that appears on a DEA certificate of registration or controlled substances registration issued to an EMS agency or regional EMS council, which shall be the location at which the agency or council receives Schedules II through VI controlled substances from those entities authorized to distribute controlled substances.

"Repackaged drug" means any drug removed from the manufacturer's original package and placed in different packaging.

"Robotic pharmacy system" means a mechanical system controlled by a computer that performs operations or activities relative to the storage, packaging, compounding, labeling, dispensing, or distribution of medications and collects, controls, and maintains all transaction information.

"Safety closure container" means a container that meets the requirements of the federal Poison Prevention Packaging Act of 1970 (15 USC §§ 1471-1476), that is, in testing such containers, that 85% of a test group of 200 children of ages 41-52 months are unable to open the container in a five-minute period and that 80% fail in another five minutes after a demonstration of how to open it and that 90% of a test group of 100 adults must be able to open and close the container.

"Satellite pharmacy" means a pharmacy that is noncontiguous to the centrally permitted pharmacy of a hospital but at the location designated on the pharmacy permit.

"Special packaging" means packaging that is designed or constructed to be significantly difficult for children younger than five years of age to open to obtain a toxic or harmful amount of the drug contained therein within a reasonable time and not difficult for normal adults to use properly but does not mean packaging that all such children cannot open or obtain a toxic or harmful amount within a reasonable time.

"Special use permit" means a permit issued to conduct a pharmacy of a special scope of service that varies in any way from the provisions of any board regulation.

"Station" means an enclosed structure that houses one or more EMS vehicles or other EMS vehicles in the state in which the EMS agency is registered that is actively and primarily being used for emergency response by the EMS agency.

"Storage temperature" means those specific directions stated in some monographs with respect to the temperatures at which pharmaceutical articles shall be stored, where it is considered that storage at a lower or higher temperature may produce undesirable results. The conditions are defined by the following terms:

"Cold" means any temperature not exceeding 8°C (46°F). A refrigerator is a cold place in which temperature is maintained thermostatically between 2° and 8°C (36° and 46°F). A freezer is a cold place in which the temperature is controlled between -25° and -10°C (-13° and 14°F). In those instances in which articles may have a recommended storage condition below -20°C (-4°F), the temperature of the storage location should be controlled to plus or minus 10 degrees.
"Room temperature" means the temperature prevailing in a working area.
"Controlled room temperature" means a temperature maintained thermostatically that encompasses the usual and customary working environment of 20° to 25°C (68° to 77°F); that results in a mean kinetic temperature calculated to be not more than 25°C (77°F); and that allows for excursions between 15° and 30°C (59° and 86°F) that are experienced in pharmacies, hospitals, and warehouses.
"Warm" means any temperature between 30° and 40°C (86° and 104°F).
"Excessive heat" means any temperature above 40°C (104°F).
"Protection from freezing" means where, in addition to the risk of breakage of the container, freezing subjects a product to loss of strength or potency or to the destructive alteration of its characteristics, the container label bears an appropriate instruction to protect the product from freezing.
"Cool" means any temperature between 8° and 15°C (46° and 59°F).

"Terminally ill" means a patient with a terminal condition as defined in § 54.1-2982 of the Code of Virginia.

"Ultimate user" means a person who has lawfully obtained, and who possesses, a controlled substance for that person's own use or for the use of a member of that person's household or for an animal owned by that person or a member of that person's household.

"Unit dose container" means a container that is a single-unit container, as defined in United States Pharmacopeia-National Formulary, for articles intended for administration by other than the parenteral route as a single dose, direct from the container.

"Unit dose package" means a container that contains a particular dose ordered for a patient.

"Unit dose system" means a system in which multiple drugs in unit dose packaging are dispensed in a single container, such as a medication drawer or bin, labeled only with patient name and location. Directions for administration are not provided by the pharmacy on the drug packaging or container but are obtained by the person administering directly from a prescriber's order or medication administration record.

"USP-NF" means the United States Pharmacopeia-National Formulary.

"Well-closed container" means a container that protects the contents from extraneous solids and from loss of the drug under the ordinary or customary conditions of handling, shipment, storage, and distribution.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 1.1, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 12, Issue 21, eff. August 7, 1996; Volume 15, Issue 8, eff. February 3, 1999; Volume 15, Issue 26, eff. October 13, 1999; Volume 16, Issue 21, eff. August 2, 2000; Volume 17, Issue 7, eff. January 17, 2001; Volume 20, Issue 23, eff. August 25, 2004; Volume 24, Issue 8, eff. January 23, 2008; Volume 25, Issue 24, eff. September 2, 2009; Volume 26, Issue 22, eff. August 4, 2010; Volume 27, Issue 3, eff. November 10, 2010; Volume 30, Issue 10, eff. February 12, 2014; Volume 31, Issue 7, eff. December 31, 2014; Volume 31, Issue 20, eff. July 16, 2015; Volume 32, Issue 12, eff. March 24, 2016; Volume 35, Issue 21, eff. July 25, 2019; Volume 36, Issue 6, eff. December 11, 2019; Volume 42, Issue 9, eff. January 14, 2026.

18VAC110-20-15 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 21, Issue 15, eff. May 4, 2005; repealed, Virginia Register Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-20-20 Fees

A. Unless otherwise provided, fees listed in this section shall not be refundable.

B. Initial application fees.

| 1. Pharmacy permit | $700 | | --- | --- | | 2. Permitted physician licensed to dispense drugs | $700 | | 3. Medical equipment supplier permit | $350 | | 4. Outsourcing facility permit | $900 | | 5. Nonresident pharmacy registration | $700 | | 6. Nonresident outsourcing facility registration | $900 | | 7. Controlled substances registrations | $180 | | 8. Innovative program approval. | $415 | | If the board determines that a technical consultant is required in order to make a decision on approval, any consultant fee, not to exceed the actual cost, shall also be paid by the applicant in addition to the application fee. | | | 9. Approval of a repackaging training program | $85 | | 10. Sterile compounding initial fee | $200 |

Applicants for a pharmacy permit or nonresident pharmacy registration that intend to perform sterile compounding shall submit a sterile compounding fee in addition to the pharmacy permit or nonresident pharmacy initial application fee.

C. Annual renewal fees.

| 1. Pharmacy permit – due no later than April 30 | $490 | | --- | --- | | 2. Physician permit to practice pharmacy – due no later than February 28 | $490 | | 3. Medical equipment supplier permit – due no later than February 28 | $350 | | 4. Outsourcing facility permit – due no later than April 30 | $1,100 | | 5. Nonresident pharmacy registration – due no later than the date of initial registration | $490 | | 6. Nonresident outsourcing facility registration – due no later than the date of initial registration | $1,100 | | 7. Controlled substances registrations – due no later than February 28 | $180 | | 8. Innovative program continued approval based on board order not to exceed $375 per approval period. | | | 9. Repackaging training program | $50 every two years | | 10. Sterile compounding renewal fee | $400 |

Permitted pharmacies and registered nonresident pharmacies performing sterile compounding shall submit a sterile compounding renewal fee in addition to the pharmacy permit or nonresident pharmacy renewal fee.

D. Late fees. The following late fees shall be paid in addition to the current renewal fee to renew an expired permit or registration within one year of the expiration date. In addition, engaging in activities requiring a permit or registration after the expiration date of such permit or registration shall be grounds for disciplinary action by the board.

| 1. Pharmacy permit | $120 | | --- | --- | | 2. Physician permit to practice pharmacy | $120 | | 3. Medical equipment supplier permit | $80 | | 4. Outsourcing facility permit | $120 | | 5. Nonresident pharmacy registration | $120 | | 6. Nonresident outsourcing facility registration | $120 | | 7. Controlled substances registrations | $40 | | 8. Repackaging training program | $15 |

E. Reinstatement fees.

Any person or entity attempting to renew a permit or registration more than one year after the expiration date shall submit an application for reinstatement with any required fees. Reinstatement is at the discretion of the board and, except for reinstatement following revocation or suspension, may be granted by the executive director of the board upon completion of an application and payment of any required fees.
Facilities or entities that cease operation and wish to resume shall not be eligible for reinstatement but shall apply for a new permit or registration. Facilities or entities that failed to renew and continued to operate for more than one renewal cycle shall pay the current and all back renewal fees for the years in which they were operating plus the following reinstatement fees:

| a. Pharmacy permit | $440 | | --- | --- | | b. Physician permit to practice pharmacy | $440 | | c. Medical equipment supplier permit | $385 | | d. Outsourcing facility permit | $500 | | e. Nonresident pharmacy registration | $440 | | f. Nonresident outsourcing facility registration | $500 | | g. Controlled substances registration | $350 | | h. Repackaging training program | $85 |

F. Application for change or inspection fees for facilities or other entities.

| 1. Change of pharmacist-in-charge | $125 | | --- | --- | | 2. Change of ownership for any facility | $125 | | 3. Inspection for remodeling or change of location for any facility | $435 | | 4. Reinspection of any facility | $435 | | | | | 5. Board-required inspection of an innovative program location | $435 | | 6. Change of pharmacist responsible for an approved innovative program | $150 |

G. Miscellaneous fees.

| 1. Handling fee for returned check or a dishonored credit card or debit card | $50 | | --- | --- | | 2. Duplicate permit or registration | $20 | | 3. Verification of permit or registration | $35 |

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 1.2, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 12, Issue 21, eff. August 7, 1996; Volume 15, Issue 8, eff. February 3, 1999; Volume 17, Issue 7, eff. January 17, 2001; Volume 18, Issue 12, eff. March 27, 2002; Volume 19, Issue 4, eff. December 4, 2002; Volume 19, Issue 10, eff. February 26, 2003; Volume 20, Issue 23, eff. August 25, 2004; Volume 22, Issue 2, eff. November 2, 2005; Volume 22, Issue 15, eff. May 3, 2006; Volume 22, Issue 24, eff. September 6, 2006; Errata 22:25 VA.R. 3935 August 21, 2006; amended, Virginia Register Volume 23, Issue 4, eff. November 29, 2006; Volume 25, Issue 24, eff. September 2, 2009; Volume 26, Issue 2, eff. October 28, 2009; Errata, 26:5 VA.R. 510 November 9, 2009; amended, Virginia Register Volume 26, Issue 6, eff. December 23, 2009; Volume 28, Issue 23, eff. August 15, 2012; Volume 29, Issue 25, eff. September 26, 2013; Volume 31, Issue 20, eff. July 16, 2015; Volume 33, Issue 20, eff. June 28, 2017; Volume 36, Issue 6, eff. December 11, 2019; Volume 37, Issue 12, eff. March 18, 2021; Volume 43, Issue 1, eff. September 23, 2026.

18VAC110-20-21 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 25, Issue 17, eff. July 1, 2009; repealed, Virginia Register Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-20-22 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 20, eff. June 26, 2019; repealed, Virginia Register Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-20-25 Unprofessional conduct

The following practices shall constitute unprofessional conduct within the meaning of § 54.1-3316 of the Code of Virginia:

Failing to comply with provisions of § 32.1-127.1:03 of the Code of Virginia related to the confidentiality and disclosure of patient records or related to provision of patient records to another practitioner or to the patient or the patient's personal representative;
Willfully or negligently breaching the confidentiality of a patient unless otherwise required or permitted by applicable law;
Failing to maintain confidentiality of information received from the Prescription Monitoring Program, obtaining such information for reasons other than to assist in determining the validity of a prescription to be filled, or misusing information received from the program;
Failing to maintain adequate safeguards against diversion of controlled substances;
Failing to appropriately respond to a known dispensing error in a manner that protects the health and safety of the patient;
Delegating a task within the practice of pharmacy to a person who is not adequately trained to perform such a task;
Failing by the PIC to ensure that pharmacy interns and pharmacy technicians working in the pharmacy are registered and that such registration is current;
Obtaining money or property of a patient or client by fraud or misrepresentation;
Providing false information or failing to cooperate with an employee of the Department of Health Professions in the conduct on an investigation or inspection;
Violating any provision of this chapter or Chapter 33 (§ 54.1-3300 et seq.) or 34 (§ 54.1-3400 et seq.) of Title 54.1 of the Code of Virginia;
Performing any act likely to deceive, defraud, or harm the public; or
Having a restriction of a license, permit, or registration to practice in another jurisdiction in the United States.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-20-30 (Repealed.)

History

Historical Notes: Derived from VR530-01-1 § 2.1, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 15, Issue 8, eff. February 3, 1999; Volume 20, Issue 23, eff. August 25, 2004; Volume 25, Issue 24, eff. September 2, 2009; repealed, Virginia Register Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-20-40 (Repealed.)

History

Historical Notes: Derived from VR530-01-1 § 2.2, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 15, Issue 8, eff. February 3, 1999; Volume 20, Issue 23, eff. August 25, 2004; Volume 25, Issue 24, eff. September 2, 2009; Volume 29, Issue 25, eff. September 26, 2013; repealed, Virginia Register Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-20-50 (Repealed.)

History

Historical Notes: Derived from VR530-01-1 § 2.3, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 15, Issue 8, eff. February 3, 1999; Volume 25, Issue 24, eff. September 2, 2009; repealed, Virginia Register Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-20-60 (Repealed.)

History

Historical Notes: Derived from VR530-01-1 § 2.4, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 15, Issue 8, eff. February 3, 1999; Volume 20, Issue 23, eff. August 25, 2004; Volume 25, Issue 24, eff. September 2, 2009; repealed, Virginia Register Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-20-70 (Repealed.)

History

Historical Notes: Derived from VR530-01-1 § 2.5, eff. August 9, 1995; amended, Virginia Register Volume 15, Issue 8, eff. February 3, 1999; Volume 20, Issue 23, eff. August 25, 2004; Volume 22, Issue 24, eff. October 23, 2006; Volume 25, Issue 24, eff. September 2, 2009; repealed, Virginia Register Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-20-75 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 19, Issue 19, eff. July 2, 2003; amended, Virginia Register Volume 24, Issue 22, eff. August 6, 2008; repealed, Virginia Register Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-20-80 (Repealed.)

History

Historical Notes: Derived from VR530-01-1 § 2.6, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 20, Issue 23, eff. August 25, 2004; Volume 25, Issue 24, eff. September 2, 2009; Volume 35, Issue 20, eff. June 26, 2019; repealed, Virginia Register Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-20-90 (Repealed.)

History

Historical Notes: Derived from VR530-01-1 § 2.7, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 12, Issue 21, eff. August 7, 1996; Volume 15, Issue 8, eff. February 3, 1999; Volume 20, Issue 23, eff. August 25, 2004; Volume 25, Issue 24, eff. September 2, 2009; Volume 26, Issue 22, eff. August 4, 2010; Volume 33, Issue 15, eff. May 5, 2017; repealed, Virginia Register Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-20-100 (Repealed.)

History

Historical Notes: Derived from VR530-01-1 § 2.8, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 15, Issue 8, eff. February 3, 1999; Volume 25, Issue 24, eff. September 2, 2009; repealed, Virginia Register Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-20-101 (Repealed.)

(Repealed)

History

Historical Notes: Derived from Virginia Register Volume 19, Issue 10, eff. February 26, 2003; amended, Virginia Register Volume 25, Issue 24, eff. September 2, 2009; repealed, Virginia Register Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-20-102 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 19, Issue 10, eff. February 26, 2003; amended, Virginia Register Volume 25, Issue 24, eff. September 2, 2009; repealed, Virginia Register Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-20-103 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 19, Issue 10, eff. February 26, 2003; amended, Virginia Register Volume 25, Issue 24, eff. September 2, 2009; repealed, Virginia Register Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-20-104 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 19, Issue 10, eff. February 26, 2003; amended, Virginia Register Volume 25, Issue 24, eff. September 2, 2009; repealed, Virginia Register Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-20-105 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 19, Issue 10, eff. February 26, 2003; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 29, Issue 25, eff. September 26, 2013; Volume 35, Issue 20, eff. June 26, 2019; repealed, Virginia Register Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-20-106 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 19, Issue 10, eff. February 26, 2003; amended, Virginia Register Volume 25, Issue 24, eff. September 2, 2009; Volume 26, Issue 2, eff. October 28, 2009; Volume 26, Issue 22, eff. August 4, 2010; Volume 33, Issue 15, eff. May 5, 2017; repealed, Virginia Register Volume 36, Issue 6, eff. December 11, 2019.

Part II Pharmacies

18VAC110-20-110 Pharmacy permits generally

A. A pharmacy permit shall not be issued to a pharmacist to be simultaneously in charge of more than two pharmacies.

B. Except in an emergency, a permit holder shall not require a pharmacist to work longer than 12 continuous hours in any work day and shall allow at least six hours of off-time between consecutive shifts. A pharmacist may, however, volunteer to work longer than 12 continuous hours. A pharmacist working longer than six continuous hours shall be allowed to take a 30-minute break. Breaks, including uninterrupted rest periods and meal breaks, shall be provided consistent with 18VAC110-20-113 B 5.

C. The PIC or the pharmacist on duty shall control all aspects of the practice of pharmacy. Any decision overriding such control of the PIC or other pharmacist on duty shall be deemed the practice of pharmacy and may be grounds for disciplinary action against the pharmacy permit.

D. A pharmacist shall not be eligible to serve as PIC until after having obtained a minimum of two years of experience practicing as a pharmacist in Virginia or another jurisdiction in the United States. The board may grant an exception to the minimum number of years of experience for good cause shown.

E. When the PIC ceases practice at a pharmacy or no longer wishes to be designated as PIC, the pharmacist shall immediately return the pharmacy permit to the board indicating the effective date on which the pharmacist ceased to be the PIC.

F. Although not required by law or regulation, an outgoing PIC shall have the opportunity to take a complete and accurate inventory of all Schedules II through V controlled substances on hand on the date the pharmacist ceases to be the PIC, unless the owner submits written notice to the board showing good cause as to why this opportunity should not be allowed.

G. A PIC who is absent from practice for more than 30 consecutive days shall be deemed to no longer be the PIC. Pharmacists-in-charge having knowledge of upcoming absences for longer than 30 days shall be responsible for notifying the board and returning the permit. For unanticipated absences by the PIC that exceed 15 days with no known return date within the next 15 days, the owner shall immediately notify the board and shall obtain a new PIC.

H. An application for a permit designating the new PIC shall be filed with the required fee within 14 days of the original date of resignation or termination of the PIC on a form provided by the board. It shall be unlawful for a pharmacy to operate without a new permit past the 14-day deadline unless the board receives a request for an extension prior to the deadline. The executive director for the board may grant an extension for up to an additional 14 days for good cause shown.

I. Only one pharmacy permit shall be issued to conduct a pharmacy occupying the same designated prescription department space. A pharmacy shall not engage in any other activity requiring a license or permit from the board, such as manufacturing or wholesale-distributing, out of the same designated prescription department space.

J. Before any permit is issued, the applicant shall attest to compliance with all federal, state, and local laws and ordinances. A pharmacy permit shall not be issued to any person to operate from a private dwelling or residence after September 2, 2009.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 3.1, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 12, Issue 21, eff. August 7, 1996; Volume 15, Issue 8, eff. February 3, 1999; Volume 20, Issue 23, eff. August 25, 2004; Volume 25, Issue 24, eff. September 2, 2009; Volume 33, Issue 10, eff. February 8, 2017; Volume 36, Issue 6, eff. December 11, 2019; Volume 41, Issue 25, eff. August 27, 2025.

18VAC110-20-111 Pharmacy technicians

A. Every pharmacy that employs or uses pharmacy technicians shall maintain a site-specific training program and manual for training pharmacy technicians to work at that pharmacy. The program shall include training consistent with that specific pharmacy practice to include training in proper use of site-specific computer programs and equipment, proper use of other equipment used at the pharmacy in performing technician duties, and pharmacy calculations consistent with the duties at that pharmacy.

B. Every pharmacy shall maintain documentation of successful completion of the site specific training program for each pharmacy technician for the duration of the employment and for a period of two years from date of termination of employment. Documentation for currently employed pharmacy technicians shall be maintained on site or at another location where the records are readily retrievable upon request for inspection. After employment is terminated, such documentation may be maintained at an off-site location where it is retrievable upon request.

C. Every pharmacy that employs or uses a person enrolled in a pharmacy technician training program pursuant to § 54.1-3321 of the Code of Virginia shall allow such person to conduct tasks restricted to pharmacy technicians only if the person is currently registered as a pharmacy technician trainee.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Volume 19, Issue 10, eff. February 26, 2003; amended, Virginia Register Volume 25, Issue 24, eff. September 2, 2009; Volume 39, Issue 7, eff. December 21, 2022.

18VAC110-20-112 Supervision of pharmacy technicians

A. A pharmacist shall determine the number of pharmacy interns, pharmacy technicians, and pharmacy technician trainees he can safely and competently supervise at one time; however, no pharmacist shall supervise more than four persons performing the duties of a pharmacy technician at one time.

B. In addition to the acts restricted to a pharmacist in § 54.1-3320 A of the Code of Virginia, a pharmacist shall provide personal supervision of compounding of extemporaneous preparations by pharmacy technicians.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-20-113 Pharmacy working conditions

A. A pharmacy permit holder shall protect the health, safety, and welfare of patients by consulting with the PIC or pharmacist on duty and other pharmacy staff to ensure patient care services are safely provided in compliance with applicable standards of patient care. A permit holder's decisions shall not override the control of the PIC or other pharmacist on duty regarding appropriate working environments for all pharmacy personnel necessary to protect the health, safety, and welfare of patients.

B. To provide a safe working environment in a pharmacy, a permit holder shall, at a minimum:

Ensure sufficient personnel are scheduled to work at all times in order to prevent fatigue, distraction, or other conditions that interfere with a pharmacist's ability to practice with reasonable competence and safety. Staffing levels shall not be solely based on prescription volume, but shall consider any other requirements of pharmacy staff during working hours;
Provide sufficient tools and equipment in good repair and minimize excessive distractions to support a safe workflow for a pharmacist to practice with reasonable competence and safety to address patient needs in a timely manner;
Avoid the introduction of external factors, such as productivity or production quotas or other programs, to the extent that they interfere with the pharmacist's ability to provide appropriate professional services to the public;
Ensure staff are sufficiently trained to safely and adequately perform assigned duties, ensure staff demonstrate competency, and ensure that pharmacy technician trainees work closely with pharmacists and pharmacy technicians with sufficient experience as determined by the PIC;
Provide appropriate opportunities for uninterrupted rest periods and meal breaks consistent with 18VAC110-20-110 and the following:

a. A pharmacy may close when a pharmacist is on break based on the professional judgment of the pharmacist on duty, provided that the pharmacy has complied with the 14-day notice to the public pursuant to § 54.1-3434 of the Code of Virginia and 18VAC110-20-135;

b. If a pharmacy does not close while the pharmacist is on break, the pharmacist must ensure adequate security of drugs by taking a break within the prescription department or on the premises. The pharmacist on duty must determine whether pharmacy technicians or pharmacy interns may continue to perform duties and whether the pharmacist is able to provide adequate supervision; and

c. If the pharmacy remains open, only prescriptions verified by a pharmacist pursuant to 18VAC110-20-270 may be dispensed when the pharmacist is on break. An offer to counsel any person filling a new prescription must be offered pursuant to § 54.1-3319 of the Code of Virginia. Persons who request to speak to the pharmacist shall be told that the pharmacist is on break and that they may wait to speak with the pharmacist or provide a telephone number for the pharmacist to contact them upon return from break. Pharmacists returning from break shall immediately attempt to contact persons who requested counseling and document when such counseling is provided;

Provide adequate time for a pharmacist to complete professional duties and responsibilities, including:

a. Drug utilization review;

b. Immunization;

c. Counseling;

d. Verification of prescriptions;

e. Patient testing; and

f. All other duties required by Chapters 33 (§ 54.1-3300 et seq.) and 34 (§ 54.1-3400 et seq.) of Title 54.1 of the Code of Virginia and this chapter; and

Ensure that pharmacy technicians shall never perform duties otherwise restricted to a pharmacist.

C. A pharmacy permit holder shall not override the control of the pharmacist on duty regarding any aspects of the practice of pharmacy, including a pharmacist's decision not to administer vaccines when one pharmacist is on duty and, in the pharmacist's professional judgment, vaccines cannot be administered safely.

D. Staffing requests or concerns as described in this section shall be communicated by the PIC or pharmacist on duty to the permit holder using the Staffing Requests or Concerns Form developed by the board or a form containing information identical to the form developed by the board, which may be electronic.

Such forms, once completed, shall be provided to the immediate supervisor of the PIC or pharmacist on duty, with one copy maintained in the pharmacy for three years, and produced for inspection by the board within 48 hours of request.
The PIC or pharmacist on duty may report any staffing issues directly to the board if the PIC or pharmacist on duty believes the situation warrants immediate board review.
Under no circumstances shall a good faith report of staffing concerns by the PIC, pharmacist on duty, or notification of such issues by pharmacy personnel to the PIC, pharmacist on duty, or board result in workplace discipline against the reporting staff member.

E. Permit holders shall review completed staffing reports and shall:

Respond to the reporting staff member to acknowledge receipt of the staffing request or concern;
Resolve any issues listed in a timely manner to ensure a safe working environment for pharmacy staff and appropriate medication access for patients;
Document any corrective action taken, steps taken toward corrective action as of the time of inspection, or justification for inaction, which documentation shall be maintained on site or produced for inspection by the board within 48 hours of request; and
Communicate corrective action taken or justification for inaction to the PIC or reporting pharmacist on duty.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 41, Issue 25, eff. August 27, 2025.

18VAC110-20-120 Special or limited-use pharmacy permits

A. For good cause shown, the board may issue a special or limited-use pharmacy permit, when the scope, degree or type of pharmacy practice or service to be provided is of a special, limited or unusual nature as compared to a regular pharmacy service. The permit to be issued shall be based on special conditions of use requested by the applicant and imposed by the board in cases where certain requirements of regulations may be waived. The following conditions shall apply:

The application shall list the regulatory requirements for which a waiver is requested and a brief explanation as to why each requirement should not apply to that practice.
A policy and procedure manual detailing the type and method of operation, hours of operation, schedules of drugs to be maintained by the pharmacy, and method of documentation of continuing pharmacist control must accompany the application.
The issuance and continuation of such permits shall be subject to continuing compliance with the conditions set forth by the board.

B. For a special-use pharmacy located in or providing services to a free clinic that uses volunteer pharmacists on a part-time basis with pharmacy business hours less than 20 hours a week, the board may grant a waiver to the restricted access provisions of 18VAC110-20-190 under the following conditions:

The access is only for the purpose of repairing or upgrading essential equipment or for the purpose of securing a delivered drug order in the pharmacy.
The PIC shall be notified prior to each entry and give permission for the designated, specific individuals to enter.
If entry is by a nonpharmacist, two persons must enter together, one of whom must be an employee or volunteer of the free clinic who holds a license as a nurse, physician, or a physician assistant. Both persons must remain in the pharmacy the entire time that access is required.
The key or other means of unlocking the pharmacy and the alarm access code shall be maintained in a secure location within the facility in a sealed envelope or other container with the name of the "sealing" pharmacist written across the seal. If a nonpharmacist accesses the pharmacy, this means of access may be used, and the licensed health professional, as set forth in subdivision 3 of this subsection, is responsible for resealing the means of access and writing his name across the seal. The PIC shall ensure that the alarm access code is changed within 48 hours. In lieu of the pharmacist's signature across a seal, the executive director for the board may approve other methods of securing the emergency access to the prescription department.
A log must be maintained of each nonpharmacist entry showing date and time of entry, names of the two persons entering, purpose for entry, and notation that permission was granted by the pharmacist-in-charge and the date it was granted. Such log shall be maintained on premises for one year.

History

Statutory Authority: § 54.1-2400 and Chapters 33 (§ 54.1-3300 et seq.) and 34 (§ 54.1-3400 et seq.) of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 3.2, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 20, Issue 23, eff. August 25, 2004; Volume 25, Issue 24, eff. September 2, 2009.

18VAC110-20-121 Innovative program approval

A. An informal conference committee of the board may approve an innovative or pilot program in accordance with § 54.1-3307.2 of the Code of Virginia upon receipt of an application and fee specified in 18VAC110-20-20.

B. If the informal conference committee determines that an inspection is necessary to adequately consider an application, it may require that the applicant pay a fee specified in 18VAC110-20-20 to cover the cost of the inspection.

C. If the informal conference committee determines that a technical consultant is necessary in order for the board to make an informed decision on approval of a program, the applicant shall pay a consultant fee, not to exceed the actual cost of the consultation.

D. In the initial order granting approval of a program, the informal conference committee shall set the approval period with a schedule for submission of required reports and outcome data. The frequency of required reports shall not exceed four times a year.

E. The informal conference committee shall determine the appropriate fee for continued approval of the program based on the requirements for review and monitoring. Such renewal fee shall not exceed $260 per approval period.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004; amended, Virginia Register Volume 37, Issue 2, eff. October 14, 2020.

18VAC110-20-130 Pharmacy closings; going out of business; change of ownership

A. At least 14 days prior to the date a pharmacy closes in accordance with § 54.1-3434.01 of the Code of Virginia or goes out of business, the owner shall notify the board. The proposed disposition of all Schedule II through VI drugs, prescription dispensing records, patient information records, and other required records shall be reported to the board. If the pharmacy drug stock and records are to be transferred to another licensee, the owner shall inform the board of the name and address of the licensee to whom the drugs and records are being transferred and the date of transfer. Prescription records for prescriptions with active refills shall be transferred to another pharmacy where a patient may obtain access for the purpose of obtaining refills either at that location or in accordance with the transfer provisions of 18VAC110-20-360.

B. Exceptions to the public notice as required in § 54.1-3434.01 of the Code of Virginia and the notice required in subsection A of this section shall be approved by the board and may include sudden closing due to fire, destruction, natural disaster, death, property seizure, eviction, bankruptcy, or other emergency circumstances. If the pharmacy is not able to meet the notification requirements of § 54.1-3434.01, the owner shall ensure that the board and public are properly notified as soon as he knows of the closure and shall disclose the emergency circumstances preventing the notification within the required deadlines.

C. In the event of an exception to the notice as required in § 54.1-3434.01 of the Code of Virginia and in subsection A of this section, the PIC or owner shall provide notice as far in advance of closing as allowed by the circumstances.

D. At least 14 days prior to any change in ownership of an existing pharmacy, the owner shall notify the board of the pending change.

Upon any change in ownership of an existing pharmacy, the prescription dispensing records for the two years immediately preceding the date of change of ownership and other required patient information shall be provided to the new owners on the date of change of ownership in substantially the same format as previously used immediately prior to the transfer to provide continuity of pharmacy services.
The previous owner shall be held responsible for assuring the proper and lawful transfer of records on the date of the transfer.
The format of the prescription dispensing records which are transferred to a new owner shall comply with the requirements of Chapter 34 (§ 54.1-3400 et seq.) of Title 54.1 of the Code of Virginia, and this chapter. Failure to comply with this chapter during a change in ownership shall be deemed to be a closing of the existing pharmacy for which the existing pharmacy owner shall be required to provide notice to the board and public in accordance with § 54.1-3434.01 of the Code of Virginia and subsection A of this section.

History

Statutory Authority: § 54.1-2400 and Chapters 33 (§ 54.1-3300 et seq.) and 34 (§ 54.1-3400 et seq.) of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 3.3, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 12, Issue 21, eff. August 7, 1996; Volume 15, Issue 8, eff. February 3, 1999; Errata, 15:12 VA.R. 1865 March 1, 1999; Volume 20, Issue 23, eff. August 25, 2004; Volume 25, Issue 24, eff. September 2, 2009.

18VAC110-20-135 Change of hours in an existing pharmacy

The owner of the pharmacy shall be responsible for providing notice for a change in the hours of operation to the public and to the board in accordance with § 54.1-3434 of the Code of Virginia unless the change is necessitated by emergency circumstances beyond the control of the owner, or unless the change will result in an expansion of the current hours of operation. If the pharmacy is not able to post the changes 14 days in advance, as required by § 54.1-3434, the owner shall ensure that the board is notified as soon as he knows of the change and disclose the emergency circumstances preventing the required notification.

History

Statutory Authority: §§ 54.1-103 and 54.1-2400 and Chapters 33 (§ 54.1-3300 et seq.) and 34 (§ 54.1-3400 et seq.) of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 26, eff. October 13, 1999; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004.

18VAC110-20-140 New pharmacies, acquisitions, and changes to existing pharmacies

A. Any person wishing to open a new pharmacy, engage in the acquisition of an existing pharmacy, change the location of an existing pharmacy, move the location or make structural changes to an existing prescription department, or make changes to a previously approved security system shall file an application with the board.

B. In the acquisition of an existing pharmacy, if prescription records are to be accessible to anyone for purposes other than for continuity of pharmacy services at substantially the same level offered by the previous owner or for the necessary transfer of prescription records, the owner of the pharmacy acquiring the records shall disclose such information in writing to each patient 14 days prior to the acquisition. Such release of prescription records shall be allowed only to the extent authorized by § 32.1-127.1:03 of the Code of Virginia.

C. Although a closing inventory is not required, a complete and accurate inventory shall be taken of all Schedules II through V controlled substances on hand in accordance with § 54.1-3404 of the Code of Virginia on the date the pharmacist first engages in business under the new ownership. Inventories associated with any change in PIC shall also be performed in accordance with 18VAC110-20-110.

D. The proposed location or structural changes shall be inspected by an authorized agent of the board prior to issuance of a permit.

Pharmacy permit applications that indicate a requested inspection date or requests that are received after the application is filed shall be honored provided a 14-day notice is allowed prior to the requested inspection date.
Requested inspection dates that do not allow a 14-day notice to the board may be adjusted by the board to provide 14 days for the scheduling of the inspection.
At the time of the inspection, the dispensing area shall comply with 18VAC110-20-150, 18VAC110-20-160, 18VAC110-20-170, 18VAC110-20-180, and 18VAC110-20-190.
If an applicant substantially fails to meet the requirements for issuance of a permit and a reinspection is required or if the applicant is not ready for the inspection on the established date and fails to notify the inspector or the board at least 24 hours prior to the inspection, the applicant shall pay a reinspection fee as specified in 18VAC110-20-20 prior to a reinspection being conducted.

E. Drugs shall not be stocked within the proposed pharmacy or moved to a new location until approval is granted by the inspector or board staff.

F. Once the permit is issued, prescription drugs may not be stocked earlier than two weeks prior to the designated opening date. Once prescription drugs have been placed in the pharmacy, a pharmacist shall be present on a daily basis to ensure the safety and integrity of the drugs. If there is a change in the designated opening date, the pharmacy shall notify the board office, and a pharmacist shall continue to be on site on a daily basis.

G. If the pharmacy is not operational within 90 days from the date the permit is issued, the board shall rescind the pharmacy permit unless an extension is granted for good cause shown.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 3.4, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 15, Issue 26, eff. October 13, 1999; Volume 20, Issue 23, eff. August 25, 2004; Volume 25, Issue 24, eff. September 2, 2009; Volume 35, Issue 23, eff. August 22, 2019; Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-20-150 Physical standards for all pharmacies

A. The prescription department shall not be less than 240 square feet. The patient waiting area or the area used for counseling, devices, cosmetics, and proprietary medicines shall not be considered a part of the minimum 240 square feet. The total area shall be consistent with the size and scope of the services provided.

B. Access to stock rooms, rest rooms, and other areas other than an office that is exclusively used by the pharmacist shall not be through the prescription department. A rest room in the prescription department, used exclusively by pharmacists and personnel assisting with dispensing functions, may be allowed provided there is another rest room outside the prescription department available to other employees and the public. This subsection shall not apply to prescription departments in existence prior to November 4, 1993.

C. The pharmacy shall be constructed of permanent and secure materials. Trailers or other moveable facilities or temporary construction shall not be permitted.

D. The entire area of the location of the pharmacy practice, including all areas where drugs are stored, shall be well lighted and well ventilated; the proper storage temperature shall be maintained to meet USP-NF specifications for drug storage.

E. The prescription department counter work space shall be used only for the compounding and dispensing of drugs and necessary recordkeeping.

F. A sink with hot and cold running water shall be within the prescription department. A pharmacy issued a limited-use permit that does not stock prescription drugs as part of its operation is exempt from this requirement.

G. Adequate refrigeration facilities equipped with a monitoring thermometer for the storage of drugs requiring cold storage temperature shall be maintained within the prescription department if the pharmacy stocks such drugs.

H. A pharmacy stocking drugs requiring cold storage temperature shall record the temperature daily and adjust the thermostat as necessary to ensure an appropriate temperature range. The record shall be maintained manually or electronically for a period of two years.

I. The physical settings of a pharmacy in which a pharmacist initiates treatment with, dispenses, or administers drugs, devices, controlled paraphernalia, or other supplies or equipment pursuant to § 54.1-3303.1 of the Code of Virginia and 18VAC110-21-46 shall protect patient confidentiality and comply with the Health Insurance Portability and Accountability Act, 42 USC § 1320d et seq.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3303.1 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 3.5, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 20, Issue 23, eff. August 25, 2004; Volume 36, Issue 6, eff. December 11, 2019; Volume 39, Issue 7, eff. December 21, 2022.

18VAC110-20-160 Sanitary conditions

A. The entire area of any place bearing the name of a pharmacy shall be maintained in a clean and sanitary manner and in good repair and order.

B. Adequate trash disposal facilities and receptacles shall be available.

History

Statutory Authority: §§ 54.1-103 and 54.1-2400 and Chapters 33 (§ 54.1-3300 et seq.) and 34 (§ 54.1-3400 et seq.) of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 3.6, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 20, Issue 23, eff. August 25, 2004.

18VAC110-20-170 Required minimum equipment or resources

The PIC shall be responsible for maintaining the following:

A current dispensing information reference source consistent with the scope of pharmacy practice at the location of the permitted pharmacy.
A set of Prescription Balances, sensitive to 15 milligrams, and weights or an electronic scale if the pharmacy engages in dispensing activities that require the weighing of components.
Other equipment, supplies, and references consistent with the pharmacy's scope of practice and with the public safety.

History

Statutory Authority: §§ 54.1-103 and 54.1-2400 and Chapters 33 (§ 54.1-3300 et seq.) and 34 (§ 54.1-3400 et seq.) of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 3.7, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 15, Issue 8, eff. February 3, 1999; Volume 19, Issue 19, eff. July 2, 2003; Volume 20, Issue 23, eff. August 25, 2004.

18VAC110-20-180 Security system

A. A device for the detection of breaking shall be installed in each prescription department of each pharmacy. The installation and the device shall be based on accepted alarm industry standards and shall be subject to the following conditions:

The device shall be a sound, microwave, photoelectric, ultrasonic, or any other generally accepted and suitable device.
The device shall have at least one hard-wired communication method, be monitored in accordance with accepted industry standards, maintained in operating order, have an auxiliary source of power, and be capable of sending an alarm signal to the monitoring entity when breached if the communication line is not operational.
The device shall fully protect the prescription department and shall be capable of detecting breaking by any means when activated.
Access to the alarm system for the prescription department area of the pharmacy shall be restricted to the pharmacists working at the pharmacy, except for access by other persons in accordance with 18VAC110-20-190 B 2, and the system shall be activated whenever the prescription department is closed for business.
The alarm system shall include a feature by which any breach in the alarm shall be communicated by the monitoring entity to the PIC or a pharmacist working at the pharmacy.

B. Exceptions to provisions in this section:

Alarm systems approved prior to November 4, 1993, will be deemed to meet the requirements of subdivisions A 1, A 2, and A 3 of this section, provided that no structural changes are made in the prescription department, that no changes are made in the security system, that the prescription department is not closed while the rest of the business remains open, and that a breaking and loss of drugs does not occur. If a breaking with a loss of drugs occurs, the pharmacy shall upgrade the alarm to meet the current standards and shall file an application with the board in accordance with 18VAC110-20-140 A within 14 days of the breaking.
If the prescription department was located in a business with extended hours prior to November 4, 1993, and had met the special security requirements by having a floor to ceiling enclosure, a separately activated alarm system shall not be required.
This section shall not apply to pharmacies that are open and staffed by pharmacists 24 hours a day. If the pharmacy changes its hours or if it must be closed for any reason, the PIC or owner must immediately notify the board, file an application in accordance with 18VAC110-20-140 A, and have installed prior to closing a security system that meets the requirements of subdivisions A 1 through A 4 of this section.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 3.8, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 20, Issue 23, eff. August 25, 2004; Volume 25, Issue 24, eff. September 2, 2009; Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-20-190 Prescription department enclosures; access to prescription department

A. The prescription department of each pharmacy shall be provided with enclosures subject to the following conditions:

The enclosure shall be constructed in such a manner that it protects the prescription drugs from unauthorized entry and from pilferage at all times whether or not a pharmacist is on duty.
The enclosure shall be locked and alarmed at all times when a pharmacist is not on duty.
The enclosure shall be capable of being locked in a secure manner at any time the pharmacist on duty is not present in the prescription department.

B. The keys or other means of entry into a locked prescription department and the alarm access code shall be restricted to pharmacists practicing at the pharmacy and authorized by the PIC with the following exceptions:

The PIC or a pharmacist on duty, for emergency access, may place a key or other means of unlocking the prescription department and the alarm access code in a sealed envelope or other container with the pharmacist's signature across the seal in a safe or vault or other secured place within the pharmacy. This means of emergency access shall only be used to allow entrance to the prescription department by other pharmacists, or by a pharmacy technician in accordance with subsection E of this section. In lieu of the pharmacist's signature across a seal, the executive director for the board may approve other methods of securing the emergency access to the prescription department.
Pharmacy interns, pharmacy technicians, and other persons authorized by the PIC or pharmacist on duty may possess a key or other means of entry into a locked prescription department only when a pharmacist is on duty. Such key or other means of entry shall not allow entry when a pharmacist is not on duty.

C. The prescription department is restricted to pharmacists who are practicing at the pharmacy. Pharmacy interns, pharmacy technicians, and other persons designated by the pharmacist on duty may be allowed access by the pharmacist but only when the pharmacist is on duty. Each pharmacist while on duty shall be responsible for the security of the pharmacy, including provisions for effective control against theft or diversion of prescription drugs and devices.

D. A PIC or pharmacist on duty shall not permit access to the prescription department or controlled substances by a pharmacist, pharmacy intern, or pharmacy technician whose license or registration is currently suspended or revoked.

E. Upon a request by a patient to obtain an already-dispensed prescription, a pharmacy technician may enter the pharmacy for the sole purpose of retrieving filled prescriptions that have already been reviewed and certified for accuracy by a pharmacist and deemed ready for delivery to the patient if:

There is an unforeseen, unplanned absence of a pharmacist scheduled to work during regular prescription department hours;
Alternate pharmacist coverage cannot immediately be obtained;
The technician is accompanied by a member of the pharmacy's management or administration; and
All requirements of subsection F of this section are met.

F. Requirements for entry into the prescription department in the absence of a pharmacist.

The requirements for prescriptions awaiting delivery in subsection A of 18VAC110-20-200 are followed.
Prior to entry into the prescription department, the pharmacy technician shall obtain verbal permission from the PIC or another pharmacist regularly employed by that pharmacy to obtain and use the emergency key or other access and alarm access code and enter the pharmacy.
A record shall be made by the pharmacy technician of the entry to include the date and time of entry; the name and signature of the pharmacy technician; the name, title, and signature of the person accompanying the pharmacy technician; the pharmacist's name granting permission to enter and telephone number where the pharmacist was reached; the name of the patient initially requesting needed medication and the nature of the emergency; a listing of all prescriptions retrieved during that entry; and the time of exit and re-securing of the prescription department.
The pharmacy technician shall reseal the key and alarm access code after the pharmacy is re-secured, and the PIC shall have the alarm access code changed within 48 hours of such an entry and shall document that this has been accomplished on the record of entry.
All records related to entry by a pharmacy technician shall be maintained for a period of one year on premises.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 3.9, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 15, Issue 8, eff. February 3, 1999; Volume 20, Issue 23, eff. August 25, 2004; Volume 25, Issue 24, eff. September 2, 2009; Volume 31, Issue 20, eff. July 16, 2015.

18VAC110-20-200 Storage of drugs, devices, and controlled paraphernalia; expired drugs

A. Prescriptions awaiting delivery. Prescriptions prepared for delivery to the patient may be placed in a secured area outside of the prescription department, not accessible to the public, where access to the prescriptions is restricted to individuals designated by the pharmacist. With the permission of the pharmacist, the prepared prescriptions may be transferred to the patient at a time when the pharmacist is not on duty. If a prescription is delivered at a time when the pharmacist is not on duty, written procedures shall be established and followed by the pharmacy that detail security of the dispensed prescriptions and a method of compliance with counseling requirements of § 54.1-3319 of the Code of Virginia. Additionally, a log shall be made and maintained of all prescriptions delivered to a patient when a pharmacist is not present to include the patient's name, prescription number, date of delivery, and signature of the person receiving the prescription. Such log shall be maintained for a period of one year. Notwithstanding the provisions of this subsection, prescriptions prepared for delivery to the patient may also be secured in an area outside of the prescription department in a remote dispensing system as defined in § 54.1-3401 of the Code of Virginia and pursuant to subsection A of 18VAC110-20-490.

B. Dispersion of Schedule II drugs. Schedule II drugs shall either be dispersed with other schedules of drugs or shall be maintained within a securely locked cabinet, drawer, or safe or maintained in a manner that combines the two methods for storage. The cabinet, drawer, or safe may remain unlocked during hours that the prescription department is open and a pharmacist is on duty.

C. Safeguards for controlled paraphernalia and Schedule VI medical devices. Controlled paraphernalia and Schedule VI medical devices shall not be placed in an area completely removed from the prescription department whereby patrons will have free access to such items or where the pharmacist cannot exercise reasonable supervision and control.

D. Expired, or otherwise adulterated or misbranded drugs; security. Any drug that has exceeded the expiration date or is otherwise adulterated or misbranded shall not be dispensed or sold; it shall be separated from the stock used for dispensing. Expired prescription drugs shall be maintained in a designated area within the prescription department until proper disposal.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 3.10, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 15, Issue 8, eff. February 3, 1999; Volume 20, Issue 23, eff. August 25, 2004; Volume 25, Issue 24, eff. September 2, 2009; Volume 36, Issue 6, eff. December 11, 2019; Volume 42, Issue 22, eff. July 15, 2026.

18VAC110-20-210 Disposal of drugs by pharmacies

If a PIC wishes to dispose of unwanted drugs, he shall use one of the following procedures:

Transfer the drugs to another person or entity authorized to possess or provide for proper disposal of such drugs; or
Destroy the drugs by burning in an incinerator, or other board-approved method, in compliance with all applicable local, state, and federal laws and regulations. If Schedule II through V drugs are to be destroyed, the following procedures shall apply:

a. At least 14 days prior to the destruction date, the PIC shall provide a written notice to the board office; the notice shall state the following:

(1) Date, time, manner, and place of destruction.

(2) The names of the pharmacists who will witness the destruction process.

b. If the destruction date is to be changed or the destruction does not occur, a new notice shall be provided to the board office as set forth above in subdivision 2 of this section.

c. The actual destruction shall be witnessed by the PIC and another pharmacist not employed by the pharmacy.

d. The DEA drug destruction form shall be fully completed and used as the record of all drugs to be destroyed. A copy of the destruction form shall be retained at the pharmacy with other inventory records.

History

Statutory Authority: § 54.1-2400 and Chapters 33 (§ 54.1-3300 et seq.) and 34 (§ 54.1-3400 et seq.) of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 3.11, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 12, Issue 21, eff. August 7, 1996; Volume 14, Issue 15, eff. May 13, 1998; Volume 15, Issue 8, eff. February 3, 1999; Volume 20, Issue 23, eff. August 25, 2004; Volume 25, Issue 24, eff. September 2, 2009.

18VAC110-20-211 Disposal of drugs by authorized collectors

Any narcotic treatment program, hospital or clinic with an on-site pharmacy, or pharmacy that accepts a previously dispensed drug for the purpose of destruction shall first be authorized by the DEA as a collector. A collector so authorized may receive drugs from an ultimate user, a person lawfully entitled to dispose of an ultimate user decedent's property, or a long-term care facility on behalf of an ultimate user who resides or has resided at that facility. The process used to collect and destroy drugs, along with any required recordkeeping, shall comply with applicable federal and state law.

Prior to collecting drugs, an authorized collector shall submit in writing to the board:

a. The name, address, and license number, if applicable, of the facility;

b. The intended method or methods of collection (i.e., collection receptacle or mail-back program); and

c. Signature of PIC or medical director of a narcotic treatment program.

If an authorized collector chooses to cease acting as a collector, the PIC or medical director shall notify the board within 30 days.
A narcotic treatment program that does not have an in-house pharmacy shall obtain a controlled substance registration.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 12, eff. March 24, 2016; amended, Virginia Register Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-20-215 Outsourcing facilities

A. Any facility in the Commonwealth engaged in the sterile compounding of drugs or devices to be dispensed without a prescription for a specific patient shall obtain a permit as an outsourcing facility from the board in accordance with § 54.1-3434.05 of the Code of Virginia. Any outsourcing facility located outside of the Commonwealth that delivers in any manner Schedules II through VI drugs or devices into the Commonwealth without a prescription for a specific patient shall be registered with the board in accordance with § 54.1-3434.5 of the Code of Virginia.

B. In order to obtain or renew a permit or registration, outsourcing facilities shall submit to the board (i) documentation that the facility is registered as an outsourcing facility under the Federal Food, Drug, and Cosmetic Act and (ii) a copy of a current inspection report consistent with § 54.1-3434.05 or 54.1-3434.5 of the Code of Virginia. Outsourcing facilities that fail to demonstrate that the facility is registered as an outsourcing facility under the Federal Food, Drug, and Cosmetic Act or submit a copy of a current inspection report consistent with § 54.1-3434.05 or 54.1-3434.5 shall not meet the requirements for an initial permit or registration or for renewal of a permit or registration.

C. An outsourcing facility shall comply with all provisions of this chapter relating to a pharmacy in Parts II (18VAC110-20-110 et seq.) and IV (18VAC110-20-240 et seq.), with the following exceptions:

Subsections E and F of 18VAC110-20-190, relating to dispensed prescriptions.
Subsection A of 18VAC110-20-200, relating to prescriptions awaiting delivery.
Subsections B and C of 18VAC110-20-240, relating to prescriptions and chart orders.
18VAC110-20-250, relating to automated data processing prescription records.
Subsections C, D, E, and F of 18VAC110-20-270, relating to preparation and dispensing of prescriptions.

D. In addition to applicable requirements for pharmacies, outsourcing facilities shall comply with the following:

Pharmacist supervision. At all times, such facilities shall be under the supervision of a PIC who routinely practices at the location designated on the permit application. A pharmacist shall be present at all times when the facility is open for business.
Records.

a. All records, including the receipt and disposition of drugs or devices, shall be maintained by the facility for a period of five years and shall be available to the board upon request.

b. Compounding records shall include identification and strength of the drugs and shall provide the ingredients, expiration dates, and the source of such ingredients. Records shall also include the national drug code number of the source drug or bulk active ingredient, if available; the strength of the active ingredient per unit; the dosage form and route of administration; the package description; the number of individual units produced; the national drug code number of the final product, if assigned, or lot number; and an appropriately assigned expiration date or beyond-use date.

c. Outsourcing facilities shall maintain quality control records to include stability and sterility testing for determining beyond-use dating.

E. No outsourcing facility may distribute or dispense any drug to any person pursuant to a prescription unless it also maintains a current active pharmacy permit. The pharmacy shall comply with all state and federal laws, regulations, and requirements, except it shall compound in compliance with current good manufacturing practices under § 501(a)(2)(B) of the Federal Food, Drug, and Cosmetic Act (21 USC § 351(a)(2)(B)).

History

Statutory Authority: §§ 54.1-2400, 54.1-3434.05, and 54.1-3434.5 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 20, eff. June 28, 2017.

Part III Nuclear Pharmacies

18VAC110-20-220 General requirements for pharmacies providing radiopharmaceutical services

A. Nuclear pharmacies shall comply with standards and requirements of the Nuclear Regulatory Commission and the Virginia Department of Health related to the staffing and operation of the facility.

B. Radiopharmaceuticals are to be dispensed only upon an order from a prescriber authorized to possess, use, and administer radiopharmaceuticals.

Orders shall originate at an institution or health care facility licensed to receive and possess radiopharmaceuticals and must contain all necessary information relative to the radiopharmaceutical, activity, time of calibration, and any special preparation or delivery instructions.
Orders for radiopharmaceuticals may be transmitted orally, by facsimile (fax), or by electronic transmission by an authorized agent of the prescriber. If the fax or electronic transmission of the authorized agent is pursuant to an oral order from the prescriber, the transmitted document need not include the prescriber's signature but must include the name of the agent.

C. The immediate outside container of a radioactive drug to be dispensed shall also be labeled in accordance with requirements of § 54.1-3410.1 B of the Code of Virginia.

D. The immediate inner container shall be labeled with (i) the standard radiation symbol, (ii) the words "Caution--Radioactive Material," and (iii) the serial number assigned to the order.

E. Nuclear pharmacies may redistribute approved radioactive drugs if the pharmacy does not process the radioactive drugs in any manner nor violate the product packaging.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 4.1, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 15, Issue 8, eff. February 3, 1999; Volume 16, Issue 21, eff. August 2, 2000; Volume 20, Issue 23, eff. August 25, 2004; Volume 25, Issue 4, eff. December 11, 2008; Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-20-230 (Repealed.)

History

Historical Notes: Derived from VR530-01-1 § 4.2, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 15, Issue 8, eff. February 3, 1999; repealed, Virginia Register Volume 25, Issue 4, eff. December 11, 2008.

Part IV Drug Inventory and Records

18VAC110-20-240 Manner of maintaining records, prescriptions, inventory records

A. Each pharmacy shall perform and maintain the inventories and records of drugs as follows:

Inventories and records of all drugs listed in Schedules I and II shall be maintained separately from all other records of the pharmacy. Inventories of drugs in Schedules I and II shall be performed by physically counting the drugs. Each pharmacy shall maintain a perpetual inventory of all Schedule II drugs received and dispensed that accurately indicates the physical count of each Schedule II drug "on-hand" at the time of performing the inventory. The perpetual inventory shall include a reconciliation of each Schedule II drug at least monthly with a written explanation for any difference between the physical count and the theoretical count. Electronic monitoring at the pharmacy or by another entity that provides alerts for discrepancies between drugs received and drugs dispensed is acceptable provided such alerts are reviewed at least monthly.
Inventories and records of drugs listed in Schedules III, IV, and V may be maintained separately or with records of Schedule VI drugs but shall not be maintained with other records of the pharmacy. Inventories of drugs in Schedules III, IV, and V may be performed by estimating the count of drugs in Schedules III, IV, and V unless the container contains greater than 1,000 tablets or capsules or there has been a theft or any other unusual loss of drug and the exact kind and quantity of the drug loss is unknown.
All executed order forms, prescriptions, and inventories of Schedules II through V drugs shall be maintained at the same address as the stock of drugs to which the records pertain. If authorized by DEA, other records pertaining to Schedules II through V drugs, such as invoices, may be maintained in an off-site database or in secured storage. All records in off-site storage shall be retrieved and made available for inspection or audit within 48 hours of a request by the board or an authorized agent.
All inventories required by § 54.1-3404 of the Code of Virginia shall be signed and dated by the person taking the inventory and shall indicate whether the inventory was taken prior to the opening of business or after close of business. A 24-hour pharmacy with no opening or closing of business shall clearly document whether the receipt or distribution of drugs on the inventory date occurred before or after the inventory was taken.
Invoices or other records showing receipts of Schedule VI drugs shall be maintained but may be stored in an electronic database or record as an electronic image that provides an exact, clearly legible image of the document or in secured storage either onsite or offsite. All records in off-site storage or database shall be retrieved and made available for inspection or audit within 48 hours of a request by the board or an authorized agent.
All records required by this section shall be filed chronologically and maintained for a period of not less than two years from the date of transaction.

B. Prescriptions.

A hard copy prescription shall be placed on file for every initial prescription dispensed and be maintained for two years from the date of last refill. All prescriptions shall be filed chronologically by date of initial dispensing or by date of initial entry into the automated data processing system in compliance with 18VAC110-20-250 if such a system is employed by the pharmacy.
Schedule II drugs. Prescriptions for Schedule II drugs shall be maintained in a separate prescription file.
Schedules III, IV, and V drugs. Prescriptions for Schedules III, IV, and V drugs shall be maintained either in a separate prescription file for drugs listed in Schedules III, IV, and V only or in such form that they are readily retrievable from the other prescriptions of the pharmacy. Prescriptions will be deemed readily retrievable if, at the time they are initially filed, the face of the prescription is stamped in red ink in the lower right corner with the letter "C" no less than one inch high and filed in the prescription file for drugs listed in the usual consecutively numbered prescription file for Schedule VI drugs. However, if a pharmacy employs an automated data processing system or other electronic recordkeeping system for prescriptions that permits identification by prescription number and retrieval of original documents by prescriber's name, patient's name, drug dispensed, and date filled, then the requirement to mark the hard copy prescription with a red "C" is waived.

C. Chart orders.

A chart order written for a patient in a hospital or long-term care facility, a patient receiving home infusion services, or a hospice patient pursuant to § 54.1-3408.01 A of the Code of Virginia shall be exempt from having to contain all required information of a written prescription provided:

a. This information is contained in other readily retrievable records of the pharmacy; and

b. The pharmacy maintains and complies with a current policy and procedure manual that sets out where this information is maintained, how to retrieve it, and the minimum requirements for chart orders consistent with state and federal law and accepted standard of care.

A chart order may serve as the hard copy prescription for those patients listed in subdivision 1 of this subsection. When a chart order is intended for out-patient dispensing, it shall comply with requirements for a prescription in 18VAC110-20-286.
Requirements for filing of chart orders.

a. Chart orders shall be filed chronologically by date of initial dispensing with the following exception: If dispensing data can be produced showing a complete audit trail for any requested drug for a specified time period and each chart order is readily retrievable upon request, chart orders may be filed using another method. Such alternate method shall be clearly documented in a current policy and procedure manual.

b. If a single chart order contains both an order for a Schedule II drug and one or more orders for a drug in another schedule, where the Schedule II drug is not floor stocked but is dispensed from the pharmacy pursuant to this order for the specific patient, the original order must be filed with records of dispensing of Schedule II drugs and a copy of the order placed in the file for other schedules.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 5.1, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 12, Issue 21, eff. August 7, 1996; Volume 15, Issue 8, eff. February 3, 1999; Volume 19, Issue 20, eff. July 16, 2003; Volume 20, Issue 23, eff. August 25, 2004; Volume 25, Issue 24, eff. September 2, 2009; Volume 30, Issue 10, eff. February 12, 2014; Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-20-250 Automated data processing records of prescriptions

A. An automated data processing system may be used for the storage and retrieval of original and refill dispensing information for prescriptions instead of manual recordkeeping requirements, subject to the following conditions:

A prescription shall be placed on file as set forth in 18VAC110-20-240 B with the following provisions:

a. In lieu of a hard copy file for Schedule VI prescriptions, an electronic image of a prescription may be maintained in an electronic database provided it preserves and provides an exact image of the prescription that is clearly legible and made available within 48 hours of a request by a person authorized by law to have access to prescription information. Storing electronic images of prescriptions for Schedules II through V controlled substances instead of the hard copy shall only be authorized if such storage is allowed by federal law.

b. If the pharmacy system's automated data processing system fields are automatically populated by an electronic prescription, the automated record shall constitute the prescription and a hard copy or electronic image is not required.

c. For Schedules II through V controlled substances, electronic prescriptions shall be maintained in accordance with federal law and regulation.

Any computerized system shall provide retrieval (via computer monitor display or printout) of original prescription information for those prescriptions which are currently authorized for dispensing.
Any computerized system shall also provide retrieval via computer monitor display or printout of the dispensing history for prescriptions dispensed during the past two years.
Documentation indicating that the information entered into the computer system is correct for each on-hold prescription or for each prescription that is dispensed shall be provided by the individual pharmacist who makes use of such system. If a printout is maintained of each day's prescription dispensing data or data entry of an on-hold prescription, the printout shall be verified, dated, and signed by the individual pharmacist who dispensed the prescription or verified the accuracy of the data entry. The individual pharmacist shall verify that the data indicated is correct and then sign the document in the same manner as his name appears on his pharmacist license (e.g., J. H. Smith or John H. Smith).

If a bound log book or separate file is maintained rather than a printout, each individual pharmacist involved in dispensing shall sign a statement each day in the log, in the manner previously described, attesting to the fact that the dispensing information and data entry of on-hold prescriptions entered into the computer that day have been reviewed by him and are correct as shown.

B. Printout of dispensing data requirements. Any computerized system shall have the capability of producing a printout of any dispensing data which the user pharmacy is responsible for maintaining under the Drug Control Act (§ 54.1-3400 et seq. of the Code of Virginia) and any data entry of on-hold prescriptions. Such printout shall be provided within 48 hours of a request of an authorized agent.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 5.2, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 20, Issue 23, eff. August 25, 2004; Volume 26, Issue 22, eff. August 4, 2010; Volume 30, Issue 10, eff. February 12, 2014.

18VAC110-20-255 Other dispensing records

Pursuant to § 54.1-3412 of the Code of Virginia, any other record used to record the date of dispensing or the identity of the pharmacist dispensing shall be maintained for a period of two years on premises. A pharmacy using such an alternative record shall maintain a current policy and procedure manual documenting the procedures for using the record, how the record is integrated into the total dispensing record system, and how the data included in the record shall be interpreted.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 20, eff. July 16, 2003.

18VAC110-20-260 (Repealed.)

Historical Notes

Derived from VR530-01-1 § 5.2, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 12, Issue 21, eff. August 7, 1996; repealed, Virginia Register Volume 15, Issue 8, eff. February 3, 1999.

Part V Prescription Order and Dispensing Standards

18VAC110-20-270 Dispensing of prescriptions; certification of completed prescriptions

A. In addition to the requirements in § 54.1-3408.01 of the Code of Virginia for an oral prescription or written prescription, including those transmitted via facsimile or electronically, a prescription shall include a quantity or duration of the order by which the pharmacist can calculate the authorized quantity using directions for use. Except for prescriptions transmitted electronically in compliance with 18VAC110-20-285, written prescriptions shall also include the prescriber's manual signature. In cases of failed electronic prescriptions, Schedule VI prescriptions transmitted electronically may be routed to the pharmacy's facsimile machine and may bear an electronic signature.

B. After the prescription has been prepared and prior to the delivery of the order, a pharmacist shall inspect the prescription product to verify its accuracy in all respects and place his initials on the record of dispensing as a certification of the accuracy of and the responsibility for the entire transaction. If more than one pharmacist is involved in verifying the accuracy of the prescription product, a record shall be maintained identifying the date of dispensing, each pharmacist involved in the process, and the individual task for which each pharmacist is responsible for verifying the accuracy. Such record showing verification of accuracy shall be maintained on a pharmacy record and, if necessary, an alternate record consistent with 18VAC110-20-255 for the required time period of two years unless otherwise specified in regulation. If the dispensing involves central or remote processing, records of pharmacist verification shall be maintained in a manner consistent with 18VAC110-20-276 and 18VAC110-20-515.

C. If a pharmacist declines to fill a prescription for any reason other than the unavailability of the drug prescribed, he shall record on the back of the prescription the word "declined"; the name, address, and telephone number of the pharmacy; the date filling of the prescription was declined; and the signature of the pharmacist.

D. If a pharmacist determines from a prescriber or by other means, including the use of his professional judgment, that a prescription presented for dispensing is a forgery, the pharmacist may refuse to return the forged prescription to the person presenting it. The forged prescription may be given to a law-enforcement official investigating the forgery, or it shall be retained for a minimum of 30 days before destroying it in the event it is needed for an investigative or other legitimate purpose.

E. An on-hold prescription shall be entered into the automated data processing system if such system is employed by the pharmacy, and a pharmacist shall verify the accuracy of the data entry at that time. The pharmacist subsequently dispensing the on-hold prescription on a future date shall, at a minimum, conduct a prospective drug review consistent with § 54.1-3319 A of the Code of Virginia. If an on-hold prescription is returned to a patient prior to the initial dispensing of the drug, the pharmacist shall delete the entry in the automated data processing system.

F. A pharmacy may use a drop box for the collection of written prescriptions and refill requests. The drop box shall be located in a visible area within the permitted facility and shall be locked at all times with access to the items placed in the drop box restricted to pharmacists practicing at the pharmacy or an authorized pharmacy technician practicing at the pharmacy when a pharmacist is on duty. The drop box shall be constructed in a manner to prevent the theft or loss of a written prescription or confidential information and shall be bolted to the floor or a fixed structure. Pharmacists shall in some manner inform the public that containers left in a drop box for refill should not contain unused drugs.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 6.1, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 15, Issue 8, eff. February 3, 1999; Volume 18, Issue 12, eff. March 27, 2002; Errata, 19:11 VA.R. 1790 February 10, 2003; amended, Virginia Register Volume 25, Issue 24, eff. September 2, 2009; Volume 26, Issue 2, eff. October 28, 2009; Volume 29, Issue 25, eff. September 26, 2013; Volume 30, Issue 10, eff. February 12, 2014; Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-20-275 Delivery of dispensed prescriptions

A. Pursuant to § 54.1-3420.2 B of the Code of Virginia, in addition to direct hand delivery to a patient or patient's agent or delivery to a patient's residence, a pharmacy may deliver a dispensed prescription drug order for Schedule VI controlled substances to another pharmacy, to a practitioner of the healing arts licensed to practice pharmacy or to sell controlled substances, or to an authorized person or entity holding a controlled substances registration issued for this purpose in compliance with this section and any other applicable state or federal law. Prescription drug orders for Schedule II through Schedule V controlled substances may not be delivered to an alternate delivery location unless such delivery is authorized by federal law and regulations of the board.

B. Delivery to another pharmacy.

One pharmacy may fill prescriptions and deliver the prescriptions to a second pharmacy for patient pickup or direct delivery to the patient provided the two pharmacies have the same owner or have a written contract or agreement specifying the services to be provided by each pharmacy, the responsibilities of each pharmacy, and the manner in which each pharmacy will comply with all applicable federal and state law.
Each pharmacy using such a drug delivery system shall maintain and comply with all procedures in a current policy and procedure manual that includes the following information:

a. A description of how each pharmacy will comply with all applicable federal and state law;

b. The procedure for maintaining required, retrievable dispensing records to include which pharmacy maintains the hard-copy prescription, which pharmacy maintains the active prescription record for refilling purposes, how each pharmacy will access prescription information necessary to carry out its assigned responsibilities, method of recordkeeping for identifying the pharmacist responsible for dispensing the prescription and counseling the patient, and how and where this information can be accessed upon request by the board;

c. The procedure for tracking the prescription during each stage of the filling, dispensing, and delivery process;

d. The procedure for identifying on the prescription label all pharmacies involved in filling and dispensing the prescription;

e. The policy and procedure for providing adequate security to protect the confidentiality and integrity of patient information;

f. The policy and procedure for ensuring accuracy and accountability in the delivery process;

g. The procedure and recordkeeping for returning to the initiating pharmacy any prescriptions that are not delivered to the patient; and

h. The procedure for informing the patient and obtaining consent for using such a dispensing and delivery process.

Drugs waiting to be picked up at or delivered from the second pharmacy shall be stored in accordance with subsection A of 18VAC110-20-200 and subsection A of 18VAC110-20-490, if applicable.

C. Delivery to a practitioner of the healing arts licensed by the board to practice pharmacy or to sell controlled substances or other authorized person or entity holding a controlled substances registration authorized for this purpose.

A prescription may be delivered by a pharmacy to the office of such a practitioner or other authorized person provided there is a written contract or agreement between the two parties describing the procedures for such a delivery system and the responsibilities of each party.
Each pharmacy using this delivery system shall maintain a policy and procedure manual that includes the following information:

a. Procedure for tracking and ensuring security, accountability, integrity, and accuracy of delivery for the dispensed prescription from the time it leaves the pharmacy until it is handed to the patient or agent of the patient;

b. Procedure for providing counseling;

c. Procedure and recordkeeping for return of any prescription medications not delivered to the patient;

d. The procedure for ensuring confidentiality of patient information; and

e. The procedure for informing the patient and obtaining consent for using such a delivery process.

Prescriptions waiting to be picked up by a patient at the alternate site shall be stored in a lockable room or lockable cabinet, cart, remote dispensing system as defined in § 54.1-3401 of the Code of Virginia and pursuant to subsection A of 18VAC110-20-490, or other device that cannot be easily moved and that shall be locked at all times when not in use. Access shall be restricted to the licensed practitioner of the healing arts or the responsible party listed on the application for the controlled substances registration, or either person's designee.

D. The contracts or agreements and the policy and procedure manuals required by this section for alternate delivery shall be maintained both at the originating pharmacy as well as the alternate delivery site.

E. A controlled substances registration as an alternate delivery site shall only be issued to an entity without a prescriber or pharmacist present at all times the site is open if there is a valid patient health or safety reason not to deliver dispensed prescriptions directly to the patient and if compliance with all requirements for security, policies, and procedures can be reasonably ensured.

F. The pharmacy and alternate delivery site shall be exempt from compliance with subsections B through E of this section if (i) the alternate delivery site is a pharmacy, a practitioner of healing arts licensed by the board to practice pharmacy or sell controlled substances, or other entity holding a controlled substances registration for the purpose of delivering controlled substances; (ii) the alternate delivery site does not routinely receive deliveries from the pharmacy; and (iii) compliance with subsections B through E of this section would create a delay in delivery that may result in potential patient harm. However, the pharmacy and alternate delivery site shall comply with following requirements:

To ensure appropriate coordination of patient care, the pharmacy shall notify the alternate delivery site of the anticipated arrival date of the shipment, the exact address to where the drug was shipped, the name of the patient for whom the drug was dispensed, and any special storage requirements.
The pharmacy shall provide counseling or ensure a process is in place for the patient to receive counseling.
Prescriptions delivered to the alternate delivery site shall be stored in a lockable room or lockable cabinet, cart, remote dispensing system as defined in § 54.1-3401 of the Code of Virginia and pursuant to subsection A of 18VAC110-20-490, or other device that cannot be easily moved and that shall be locked at all times when not in use. Access shall be restricted to the licensed prescriber, pharmacist, or either person's designee.
The pharmacy shall provide a procedure for the return of any prescription drugs not delivered or subsequently administered to the patient.

G. A pharmacy shall not deliver dispensed drugs to a patient's residence that are intended to be subsequently transported by the patient or patient's agent to a hospital, medical clinic, prescriber's office, or pharmacy for administration and that require special storage, reconstitution or compounding prior to administration. An exception to this requirement may be made for patients with inherited bleeding disorders who may require therapy to prevent or treat bleeding episodes.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 20, eff. July 16, 2003; amended, Virginia Register Volume 22, Issue 21, eff. September 10, 2006; Volume 25, Issue 24, eff. September 2, 2009; Volume 28, Issue 23, eff. August 15, 2012; Volume 37, Issue 19, eff. June 9, 2021; Volume 42, Issue 22, eff. July 15, 2026.

18VAC110-20-276 Central or remote processing

A. Centralized or remote processing of a prescription does not include the dispensing of a drug, but does include any of the following activities related to the dispensing process:

Receiving, interpreting, analyzing, or clarifying prescriptions;
Entering prescription and patient data into a data processing system;
Transferring prescription information;
Performing a prospective drug review as set forth in § 54.1-3319 of the Code of Virginia;
Obtaining refill or substitution authorizations, or otherwise communicating with the prescriber concerning a patient's prescription;
Interpreting clinical data for prior authorization for dispensing;
Performing therapeutic interventions; or
Providing drug information or counseling concerning a patient's prescription to the patient or patient's agent.

B. A pharmacy may outsource certain prescription processing functions as described in subsection A of this section to another pharmacy in Virginia or a registered nonresident pharmacy under the following conditions:

The pharmacies shall either have the same owner or have a written contract describing the scope of services to be provided and the responsibilities and accountabilities of each pharmacy in compliance with all federal and state laws and regulations related to the practice of pharmacy;
Any central or remote pharmacy shall comply with Virginia law and regulation with respect to requirements for supervision of pharmacy technicians and the duties that are restricted to pharmacists and pharmacy technicians. Pharmacy technicians at the remote pharmacy shall either be registered in Virginia or possess credentials substantially equivalent to those required for a technician registered in Virginia;
A pharmacist licensed in Virginia, whether at the remote pharmacy or the dispensing pharmacy, shall perform a check for accuracy on all processing done by the remote processor; and
The pharmacies shall share a common electronic file or have technology that allows sufficient information necessary to process a nondispensing function.

C. Any pharmacy that outsources prescription processing to another pharmacy shall provide notification of such to patients. A one-time written notification or a sign posted in the pharmacy in a location that is readily visible to the public will satisfy this notification requirement. The notice shall state the name of any contract pharmacy providing central or remote prescription processing. If the pharmacy uses a network of pharmacies under common ownership, this fact shall be disclosed in the notice.

D. A policy and procedure manual that relates to central or remote processing shall be maintained at each pharmacy involved in the processing of a prescription and available for inspection. The manual shall at a minimum include the following:

The responsibilities of each pharmacy;
A list of the name, address, telephone numbers, and permit/registration numbers of all pharmacies involved in central or remote processing;
Procedures for protecting the confidentiality and integrity of patient information;
Procedures for ensuring that pharmacists performing prospective drug reviews have access to appropriate drug information resources;
Procedures for maintaining required records;
Procedures for complying with all applicable laws and regulations to include counseling;
Procedures for objectively and systematically monitoring and evaluating the quality of the program to resolve problems and improve services; and
Procedures for annually reviewing the written policies and procedures for needed modifications and documenting such review.

E. In addition to any other required records, pharmacies engaged in central or remote processing shall maintain retrievable records that show, for each prescription processed, each individual processing function and identity of the pharmacist or pharmacy technician who performs a processing function and the pharmacist who checked the processing function, if applicable.

The records may be maintained separately by each pharmacy, or in a common electronic file shared by both pharmacies provided the system can produce a record showing each processing task, the identity of the person performing each task, and the location where each task was performed.
The record shall be readily retrievable for at least the past two years through the primary dispensing pharmacy, and shall be available for inspection by the board.

F. Nothing in this section shall prohibit an individual employee licensed as a pharmacist in Virginia from accessing the employer pharmacy's database from a remote location for the purpose of performing certain prescription processing functions as described in subsection A of this section, provided the pharmacy establishes controls to protect the privacy and security of confidential records.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 21, Issue 24, eff. September 7, 2005.

18VAC110-20-280 Transmission of a prescription order by facsimile device

A. Unless otherwise prohibited by federal law, prescription orders for Schedules III through VI drugs may be transmitted to pharmacies by facsimile (fax) device upon the following conditions:

The prescription shall be faxed only to the pharmacy of the patient's choice.
A valid faxed prescription shall contain all required information for a prescription. A written prescription shall include the prescriber's signature.
An authorized agent, as defined in § 54.1-3408.01 C of the Code of Virginia, may transmit an oral prescription by facsimile and shall record on the faxed prescription the agent's full name and wording that clearly indicates that the prescription being transmitted is an oral prescription.
A faxed prescription shall be valid only if faxed from the prescriber's practice location, except in the following situations:

a. Forwarding a faxed chart order from a long-term care facility or from a hospice, including a home hospice;

b. Faxing an oral prescription by authorized agent under the conditions set forth in subdivision 3 of this subsection; or

c. Forwarding a written prescription by an authorized agent from a long-term care facility, provided the provider pharmacy maintains written procedures for such transactions and provided the original prescription is obtained by the provider pharmacy within seven days of dispensing. The original prescription shall be attached to the faxed copy.

The following additional information shall be recorded on the faxed prescription:

a. The date that the prescription was faxed;

b. The printed name, address, phone number, and fax number of the authorized prescriber; and

c. The institution, if applicable, from which the prescription was faxed, including address, phone number, and fax number.

B. Prescription orders for Schedule II drugs may only be faxed for information purposes and may not serve as the original written prescription authorizing dispensing, except for orders to be administered to long-term care facility and home infusion patients in accordance with § 54.1-3408.01 B of the Code of Virginia and except for prescriptions written for a Schedule II narcotic substance for patients residing in a hospice certified by Medicare under Title XVIII or licensed by the state, which may include home hospice. The prescriber shall note on the prescription if the patient is a hospice patient, and the prescription shall meet all requirements for a written prescription, including the prescriber's manual signature.

C. If the faxed prescription is of such quality that the print will fade and not remain legible for the required retention period, the receiving pharmacist shall copy or transcribe the faxed prescription on paper of permanent quality.

D. Authorizations for refills may be faxed by the prescriber to the pharmacy provided the authorization includes patient name, address, drug name and strength, quantity, directions for use, prescriber's name, prescriber's manual signature or agent's name, and date of authorization.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 6.2, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 12, Issue 21, eff. August 7, 1996; Volume 15, Issue 8, eff. February 3, 1999; Volume 18, Issue 12, eff. March 27, 2002; Volume 20, Issue 23, eff. August 25, 2004; Volume 25, Issue 24, eff. September 2, 2009; Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-20-285 Electronic transmission of prescriptions from prescriber to pharmacy

A. Unless otherwise prohibited by law, an electronic prescription may be transmitted from the prescriber or an authorized agent as defined in § 54.1-3408.01 C of the Code of Virginia directly to the dispensing pharmacy. Electronic prescriptions of Schedule II-V controlled substances shall comply with any security or other requirements of federal law. All electronic prescriptions shall also comply with all security requirements of state law related to privacy of protected health information.

B. A pharmacy receiving an electronic prescription shall maintain such prescription record in accordance with 18VAC110-20-250 A.

C. An electronic prescription shall be transmitted only to the pharmacy of the patient's choice.

History

Statutory Authority: § 54.1-2400 and Chapters 33 (§ 54.1-3300 et seq.) and 34 (§ 54.1-3400 et seq.) of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 12, Issue 21, eff. August 7, 1996; amended, Virginia Register Volume 18, Issue 12, eff. March 27, 2002; Volume 20, Issue 23, eff. August 25, 2004; Volume 23, Issue 17, eff. May 30, 2007; Volume 26, Issue 22, eff. August 4, 2010.

18VAC110-20-286 Chart orders for outpatients

A chart order may be filled by an outpatient (community/retail) pharmacy for outpatient use provided the following conditions are met:

The chart order was written for a patient while in a hospital or long-term care facility.
The pharmacist has all information necessary to constitute a valid outpatient prescription.
The pharmacist in an outpatient setting has direction, either written or obtained verbally, that the chart order is actually intended to be outpatient or discharge prescription orders, and not merely a listing drugs the patient was taking while an inpatient.
The orders include some direction related to quantity to be dispensed or authorized duration of the order by which the pharmacist can calculate the authorized quantity using directions for use and duration.

History

Statutory Authority: § 54.1-2400 and Chapters 33 (§ 54.1-3300 et seq.) and 34 (§ 54.1-3400 et seq.) of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 24, eff. September 2, 2009.

18VAC110-20-290 Dispensing of Schedule II drugs

A. A prescription for a Schedule II drug shall be dispensed in good faith but in no case shall it be dispensed more than six months after the date on which the prescription was issued.

B. A prescription for a Schedule II drug shall not be refilled except as authorized under the conditions for partial dispensing as set forth in 18VAC110-20-310.

C. In case of an emergency situation, a pharmacist may dispense a drug listed in Schedule II upon receiving oral authorization of a prescribing practitioner provided that:

The quantity prescribed and dispensed is limited to the amount adequate to treat the patient during the emergency period;
The prescription shall be immediately reduced to writing by the pharmacist and shall contain all information required in § 54.1-3410 of the Drug Control Act, except for the signature of the prescribing practitioner;
If the pharmacist does not know the practitioner, the pharmacist shall make a reasonable effort to determine that the oral authorization came from a practitioner using the practitioner's phone number as listed in the telephone directory or other good-faith efforts to ensure the practitioner's identity; and
Within seven days after authorizing an emergency oral prescription, the prescribing practitioner shall cause a written prescription for the emergency quantity prescribed to be delivered to the dispensing pharmacist. In addition to conforming to the requirements of § 54.1-3410 of the Drug Control Act, the prescription shall have written on its face "Authorization for Emergency Dispensing" and the date of the oral order. The written prescription may be delivered to the pharmacist in person or by mail postmarked within the seven-day period or transmitted as an electronic prescription in accordance with federal law and regulation to include annotation of the electronic prescription with the original authorization and date of the oral order. Upon receipt, the dispensing pharmacist shall attach the paper prescription to the oral emergency prescription, which had earlier been reduced to writing. The pharmacist shall notify the nearest office of the Drug Enforcement Administration and the board if the prescribing practitioner fails to deliver a written prescription to the pharmacist. Failure of the pharmacist to do so shall void the authority conferred by this subdivision to dispense without a written prescription of a prescribing practitioner.

D. When presented a prescription written for a Schedule II controlled substance, a pharmacist may add or correct the patient's address upon verification, correct the patient's name upon verification, or add the prescriber's DEA registration number to the prescription. The pharmacist may add or change the dosage form, drug strength, directions for use, drug quantity, or issue date only after oral consultation directly with and agreement of the prescriber. Such consultations and corresponding changes shall be noted by the pharmacist on the prescription. The pharmacist shall not add or change the prescriber's signature or make changes to the controlled substance prescribed, except for dispensing therapeutically equivalent drugs as permitted by law.

History

Statutory Authority: §§ 54.1-2400 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 6.3, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 12, Issue 21, eff. August 7, 1996; Volume 15, Issue 8, eff. February 3, 1999; Volume 26, Issue 22, eff. August 4, 2010; Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-20-300 (Repealed.)

Historical Notes

Derived from VR530-01-1 § 6.3, eff. October 25, 1989; repealed, Virginia Register Volume 12, Issue 21, eff. August 7, 1996.

18VAC110-20-310 Partial dispensing of Schedule II prescriptions

A. The partial filling of a prescription for a drug listed in Schedule II is permissible if the pharmacist is unable to supply the full quantity called for in a written or emergency oral prescription, and he makes a notation of the quantity supplied on the face of the written prescription. The remaining portion of the prescription may be dispensed within 72 hours of the first partial dispensing; however, if the remaining portion is not or cannot be dispensed within the 72-hour period, the pharmacist shall so notify the prescribing practitioner. No further quantity may be supplied beyond 72 hours without a new prescription.

B. Prescriptions for Schedule II drugs written for patients in long-term care facilities may be dispensed in partial quantities, to include individual dosage units. For each partial dispensing, the dispensing pharmacist shall record on the back of the prescription (or on another appropriate record, uniformly maintained and readily retrievable) the date of the partial dispensing, quantity dispensed, remaining quantity authorized to be dispensed, and the identification of the dispensing pharmacist. The total quantity of Schedule II drugs in all partial dispensing shall not exceed the total quantity prescribed. Schedule II prescriptions shall be valid for a period not to exceed 60 days from the issue date unless sooner terminated by the discontinuance of the drug.

C. Information pertaining to current Schedule II prescriptions for patients in a long-term care facility may be maintained in a computerized system if this system has the capability to permit:

Output (display or printout) of the original prescription number, date of issue, identification of prescribing practitioner, identification of patient, identification of the long-term care facility, identification of drug authorized (to include dosage form, strength, and quantity), listing of partial dispensing under each prescription, and the information required in subsection B of this section.
Immediate (real time) updating of the prescription record each time a partial dispensing of the prescription is conducted.

D. A prescription for a Schedule II drug may be filled in partial quantities to include individual dosage units for a patient with a medical diagnosis documenting a terminal illness under the following conditions:

The practitioner shall classify the patient as terminally ill, and the pharmacist shall verify and record such notation on the prescription.
On each partial filling, the pharmacist shall record the date, quantity dispensed, remaining quantity authorized to be dispensed, and the identity of the dispensing pharmacist.
Prior to the subsequent partial filling, the pharmacist shall determine that it is necessary. The total quantity of Schedule II drugs dispensed in all partial fillings shall not exceed the total quantity prescribed.
Schedule II prescriptions for terminally ill patients may be partially filled for a period not to exceed 60 days from the issue date unless terminated sooner.
Information pertaining to partial filling may be maintained in a computerized system under the conditions set forth in subsection C of this section.

E. A prescription for a Schedule II drug may be filled in partial quantities if the partial fill is requested by the patient or by the practitioner who wrote the prescription provided:

The total quantity dispensed in all partial fillings does not exceed the total quantity prescribed;
The prescription is written and filled in accordance with state and federal law; and
The remaining portions are filled not later than 30 days after the date on which the prescription is written.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 6.5, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 12, Issue 21, eff. August 7, 1996; Volume 33, Issue 24, eff. September 7, 2017.

18VAC110-20-320 Dispensing or refilling of Schedules III through VI prescriptions

A. A prescription for a drug listed in Schedule III, IV, or V shall not be dispensed or refilled more than six months after the date on which such prescription was issued, and no such prescription authorized to be filled may be refilled more than five times.

Each refilling of a prescription shall be entered on the back of the prescription or on another record in accordance with § 54.1-3412 of the Code of Virginia and 18VAC110-20-255, initialed, and dated by the pharmacist as of the date of dispensing. If the pharmacist merely initials and dates the prescription, it shall be presumed that the entire quantity ordered was dispensed.
The partial dispensing of a prescription for a drug listed in Schedule III, IV, or V is permissible, provided that:

a. Each partial dispensing is recorded in the same manner as a refilling;

b. The total quantity of drug dispensed in all partial dispensing does not exceed the total quantity prescribed; and

c. No dispensing occurs after six months after the date on which the prescription order was issued.

B. A prescription for a drug listed in Schedule VI may be refilled as authorized by the practitioner. If no such authorization is given, the prescription shall not be refilled, except as provided in § 54.1-3410 C or subdivision 4 of § 54.1-3411 of the Code of Virginia. Except for drugs classified by the American Hospital Formulary Service as psychotherapeutic agents, anxiolytics, sedatives, or hypnotics or for drugs of concern as defined in § 54.1-2519 of the Code of Virginia, a pharmacist, using professional judgment and upon request by the patient, may dispense or refill a drug listed in Schedule VI with any quantity, up to the total amount authorized, taking all refills into consideration.

A prescription for a Schedule VI drug or device shall not be dispensed or refilled more than one year after the date on which it was issued unless the prescriber specifically authorizes dispensing or refilling for a longer period of time not to exceed two years.

C. As an alternative to all manual recordkeeping requirements provided for in subsections A and B of this section, an automated data processing system as provided in 18VAC110-20-250 may be used for the storage and retrieval of all or part of dispensing information for prescription drugs dispensed.

D. The timing of dispensing an authorized refill of a prescription shall be within reasonable conformity with the directions for use as indicated by the practitioner; if directions have not been provided, then any authorized refills may only be dispensed in reasonable conformity with the recommended dosage and with the exercise of sound professional judgment. An authorized refill may be dispensed early provided the pharmacist documents a valid reason for the necessity of the early refill.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 6.6, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 12, Issue 21, eff. August 7, 1996; Volume 19, Issue 20, eff. July 16, 2003; Volume 22, Issue 7, eff. January 11, 2006; Volume 25, Issue 24, eff. September 2, 2009; Volume 35, Issue 3, eff. October 31, 2018.

Part VI Labeling and Packaging Standards for Prescriptions

18VAC110-20-321 Compounding

A. The compounding of both sterile and nonsterile drug products by a pharmacy that does not share the same physical space with an outsourcing facility shall be performed in accordance with USP-NF compounding standards and § 54.1-3410.2 of the Code of Virginia.

B. The compounding of sterile drug products by an outsourcing facility or by a pharmacy sharing the same physical space with an outsourcing facility shall be performed in accordance with current good manufacturing practices under § 501(a)(2)(B) of the Federal Food, Drug, and Cosmetic Act (21 USC § 351(a)(2)(B)).

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 8, eff. January 23, 2008; amended, Virginia Register Volume 33, Issue 20, eff. June 28, 2017.

18VAC110-20-322 Placement of chemicals in Schedule I

. A. Pursuant to subsection D of § 54.1-3443 of the Code of Virginia, the Board of Pharmacy places the following in Schedule I of the Drug Control Act:

The following compound classified as a synthetic opioid: N-(2-methylphenyl)-1-(2-phenylethyl)piperidin-4-amine (other name: Despropionyl o-methylfentanyl), its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation.
The following compounds expected to have hallucinogenic properties:

a. [3-[2-(dimethylamino)ethyl]-1H-indol-4-yl] propanoate (other names: 4-propionoyloxy-N,N-dimethyltryptamine, 4-propanoyloxy DMT, 4-ProO DMT), its salts, isomers (optical, position, and geometric), and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

b. 1-(1,3-benzodioxol-5-yl)-2-(2-methylpropylamino)propan-1-one (other names: 3,4-methylenedioxy-N-isobutylcathinone; N-isobutyl methylone; 3,4-methylenedioxy-α-isobutylaminopropiophenone), its salts, isomers (optical, position, and geometric), and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

c. 2-bromo-Deschloroketamine (other name: 2-(2-bromophenyl)-2-(methylamino)-cyclohexanone), its salts, isomers (optical, position, and geometric), and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

The following compound expected to have depressant properties: 1-methyl-8-nitro-6-phenyl-4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine (other name: Nitrazolam), its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.
The following compounds classified as cannabimimetic agents:

a. Naphthalen-1-yl 3-(dimethylsulfamoyl)-4-methylbenzoate (other names: NMDMSB; 1-naphthyl 3-(dimethylsulfamoyl)-4-methylbenzoate), its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

b. N-[1-(5-fluoropentyl)-2-hydroxyindol-3-yl]iminobenzamide (other names: 5-fluoro BZO-POXIZID, 5-fluoropentyl MDA 19), its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

The placement of drugs listed in this subsection shall remain in effect until September 11, 2027, unless enacted into law in the Drug Control Act.

B. Pursuant to subsection D of § 54.1-3443 of the Code of Virginia, the Board of Pharmacy places the following compounds expected to have depressant properties in Schedule I of the Drug Control Act:

5-(2-chlorophenyl)-1,3-dihydro-1-methyl-7-nitro-2H-1,4-benzodiazepin-2-one (other name: Methylclonazepam), its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation; and
8-bromo-1-ethyl-6-phenyl-4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine (other name: Ethylbromazolam), its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

The placement of drugs listed in this subsection shall remain in effect until January 29, 2028, unless enacted into law in the Drug Control Act.

C. Pursuant to subsection D of § 54.1-3443 of the Code of Virginia, the Board of Pharmacy places the following in Schedule I of the Drug Control Act:

The following compounds classified as synthetic opioids:

a. 3-[2-[(dimethylamino)methyl]-1-hydroxycyclohexyl]phenol (other names: O-desmethyltramadol, ODMT), its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation.

b. 3-[1-[1-(4-chlorophenyl)ethyl]piperidin-4-yl]-1H-benzimidazol-2-one (other names: chlorphine; 1-[1-[1-(4-chlorophenyl)ethyl]-4-piperidinyl]-1,3-dihydro-2H-benzimidazol-2-one), its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation.

c. 3-[3-[1-[1-(4-chlorophenyl)ethyl]piperidin-4-yl]-2-oxobenzimidazol-1-yl]propanenitrile (other names: cychlorphine; N-propionitrile chlorphine), its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation; and

The following compounds expected to have hallucinogenic properties:

a. [3-[2-[ethyl(methyl)amino]ethyl]-1H-indol-4-yl] acetate (other names: 4-acetoxy-N-methyl-N-ethyltryptamine, 4-acetoxy-MET, 4-AcO-MET), its salts, isomers (optical, position, and geometric), and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

b. 1-(4-bromophenyl)-2-pyrrolidin-1-ylpentan-1-one (other names: 4-bromo-alpha-pyrrolidinovalerophenone, 4-bromo-alpha-PVP), its salts, isomers (optical, position, and geometric), and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

c. 1-[1-(3-methylphenyl)cyclohexyl]piperidine (other names: 3-methyl phencyclidine, 3-methyl PCP), its salts, isomers (optical, position, and geometric), and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

The placement of drugs listed in this subsection shall remain in effect until March 23, 2028, unless enacted into law in the Drug Control Act.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3443 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 10, eff. February 11, 2015; amended, Virginia Register Volume 31, Issue 23, eff. August 12, 2015; Volume 32, Issue 5, eff. December 2, 2015; Volume 32, Issue 19, eff. June 15, 2016; Volume 32, Issue 25, eff. September 7, 2016; Volume 33, Issue 4, eff. November 16, 2016; Volume 33, Issue 11, eff. February 22, 2017; Volume 33, Issue 19, eff. June 14, 2017; Volume 34, Issue 1, eff. October 4, 2017; Volume 34, Issue 6, eff. December 13, 2017; Volume 34, Issue 11, eff. February 21, 2018; Volume 34, Issue 19, eff. June 13, 2018; Volume 34, Issue 25, eff. September 5, 2018; Volume 35, Issue 5, eff. November 28, 2018; Errata, 35:7, VA.R. 1060 November 26, 2018; Errata, 35:11, VA.R. 1394-1395 January 21, 2019; amended, Virginia Register Volume 35, Issue 14, eff. April 3, 2019; Volume 35, Issue 20, eff. June 26, 2019; Volume 36, Issue 6, eff. December 11, 2019; Volume 36, Issue 23, eff. August 5, 2020; Volume 37, Issue 5, eff. November 25, 2020; Volume 37, Issue 16, eff. April 28, 2021; Volume 37, Issue 20, eff. June 23, 2021; Volume 37, Issue 26, eff. September 15, 2021; Volume 38, Issue 11, eff. February 16, 2022; Volume 39, Issue 5, eff. November 23, 2022; Volume 39, Issue 10, eff. February 1, 2023; Volume 39, Issue 15, eff. April 12, 2023; Volume 40, Issue 1, eff. September 27, 2023; Volume 40, Issue 4, eff. November 8, 2023; Volume 40, Issue 10, eff January 31, 2024; Volume 40, Issue 12, eff. February 28, 2024; Volume 41, Issue 2, eff. October 9, 2024; Volume 41, Issue 3, eff. October 23, 2024; Volume 41, Issue 18, eff. May 21, 2025; Volume 42, Issue 2, eff. October 8, 2025; Volume 42, Issue 4, eff. November 5, 2025; Volume 42, Issue 13, eff. March 11, 2026; Volume 42, Issue 23, eff. July 29, 2026; Volume 43, Issue 1, eff. September 23, 2026.

18VAC110-20-323 Scheduling for conformity with federal law or rule

Pursuant to subsection E of § 54.1-3443 of the Code of Virginia and in order to conform the Drug Control Act to recent scheduling changes enacted in federal law or rule, the board:

Replaces 4-anilino-N-phenethyl-4-piperidine (CASRN 21409-26-7) in Schedule II with 4-anilino-N-phenethylpiperidine (ANPP);
Deletes Samidorphan from Schedule II;
Adds the following chemicals into Schedule I:

a. Unless specifically exempted or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of a fentanyl-related substance or that contains the salts, isomers, and salts of isomers of a fentanyl-related substance whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

b. For purposes of subdivision 3 a of this section, except as provided in subdivision 3 c of this section, the term "fentanyl-related substance" means any substance that is structurally related to fentanyl by one or more of the following modifications:

(1) By replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle;

(2) By substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro groups;

(3) By substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino, or nitro groups;

(4) By replacement of the aniline ring with any aromatic monocycle, whether or not further substituted in or on the aromatic monocycle; or

(5) By replacement of the N-propionyl group with another acyl group.

c. A substance that satisfies the definition of the term "fentanyl-related substance" in subdivision 3 b of this section shall not be treated as a fentanyl-related substance subject to Schedule I if the substance is expressly listed in a schedule other than Schedule I.

d. The absence of a substance from Schedule I in the Drug Control Act (§ 54.1-3400 et seq of the Code of Virginia) or board regulation does not negate the control status of the substance under Schedule I if the substance satisfies the definition of the term "fentanyl-related substance" in subdivision 3 b of this section and does not meet the exception requirement of subdivision 3 c of this section;

Adds the following chemicals to Schedule I, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation:

a. Ortho-chlorofentanyl (N-(2-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide).

b. Meta-fluorofuranyl fentanyl (N-(3-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)furan-2-carboxamide).

c. Ortho-methylcyclopropyl fentanyl (N-(2-methylphenyl)-N-(1-phenethylpiperidin-4-yl)cyclopropanecarboxamide).

d. Beta-methylacetyl fentanyl (N-phenyl-N-(1-(2-phenylpropyl)piperidin-4-yl)acetamide).

e. Tetrahydrothiofuranyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrothiophene-2-carboxamide);

Adds the following benzimidazole-opioid substances to Schedule I, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of such isomers, esters, ethers, and salts is possible:

a. 2-(2-((2,3-dihydrobenzofuran-5-yl)methyl)-5-nitro-1H-benzimidazol-1-yl)-N,N-diethylethan-1-amine (commonly known as, ethyleneoxynitazene).

b. 2-(2-(benzodioxol-5-ylmethyl)-5-nitro-1H-benzimidazol-1-yl)-N,N-diethylethan-1-amine (commonly known as, methylenedioxynitazene or 3′,4′-methylenedioxynitazene).

c. 2-(2-(4-ethoxybenzyl)-5-methyl-1H-benzimidazol-1-yl)-N,N-diethylethan-1-amine (commonly known as, 5-methyl etodesnitazene).

d. N-ethyl-2-(5-nitro-2-(4-propoxybenzyl)-1H-benzimidazol-1-yl)ethan-1-amine (commonly known as, N-desethyl protonitazene).

e. 2-(2-(4-ethoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)-N,N-dimethylethan-1-amine (commonly known as, N,N-dimethylamino etonitazene);

Adds the following cannabimimetic agents to Schedule I:

a.(4-ethylnaphthalen-1-yl)(1-(5-fluoropentyl)-1H-indol-3-yl)methanone (EAM-2201).

b. (4-methoxynaphthalen-1-yl)(2-methyl-1-pentyl-1H-indol-3-yl)methanone (JWH-098).

c. 3-((4-methylnaphthalen-1-yl)methyl)-1-pentyl-1H-indole (JWH-184).

d. (4-methylnaphthalen-1-yl)(1-(2-morpholinoethyl)-1H-indol-3-yl)methanone (JWH-193).

e. (2-methyl-1-pentyl-1H-indol-3-yl)(naphthalen-1-yl)methanone (JWH-007).

f. naphthalen-1-yl(1-(pent-4-en-1-yl)-1H-indol-3-yl)methanone (JWH-022).

g. (1-hexyl-5-phenyl-1H-pyrrol-3-yl)(naphthalen-1-yl)methanone (JWH-147).

h. 2-(3-methoxyphenyl)-1-(1-pentyl-1H-indol-3-yl)ethan-1-one (JWH-302).

i. (5-(2-fluorophenyl)-1-pentyl-1H-pyrrol-3-yl)(naphthalen-1-yl)methanone (JWH-307).

j. (4-fluoronaphthalen-1-yl)(1-pentyl-1H-indol-3-yl)methanone (JWH-412).

k. (5-methyl-3-(morpholinomethyl)-2,3-dihydro-[1,4]oxazino[2,3,4- hi]indol-6-yl)(naphthalen-1-yl)methanone (WIN 55,212-2).

l. 2-(5-hydroxy-2-(3-hydroxypropyl)cyclohexyl)-5-(2-methyloctan-2-yl)phenol (CP-55,940); and

Adds the following hallucinogenic substance to Schedule I: 6,6,9-trimethyl-3-pentyl-6a,7,8,9,10,10a-hexahydro-6 H -benzoc]chromen-1-ol (also known as hexahydrocannabinol and HHC).

History

Statutory Authority: §§ 54.1-2400 and 54.1-3443 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 25, eff. September 5, 2018; amended, Virginia Register Volume 35, Issue 10, eff. February 6, 2019; Volume 36, Issue 23, eff. August 5, 2020; Volume 37, Issue 11, eff. February 17, 2021; Volume 39, Issue 5, eff. November 23, 2022; Volume 39, Issue 10, eff. February 1, 2023; Volume 39, Issue 24, eff. August 16, 2023; Volume 40, Issue 12, eff. February 28, 2024; Volume 41, Issue 3, eff. October 23, 2024; Volume 41, Issue 21, eff. July 17, 2025; Volume 42, Issue 4, eff. November 5, 2025; Volume 42, Issue 13, eff. March 11, 2026; Volume 43, Issue 1, eff. September 23, 2026.

18VAC110-20-330 Labeling of prescription as to content and quantity

Unless otherwise directed by the prescribing practitioner, any drug dispensed pursuant to a prescription shall bear on the label of the container, in addition to other requirements of §§ 54.1-3410 and 54.1-3463 of the Code of Virginia, the following information:

The drug name and strength, when strength is applicable:

a. For any drug product possessing a single active ingredient, the generic name of the drug shall be included on the label.

b. If a generic drug is dispensed when a prescription is written for a brand name drug, the label shall contain the generic name followed by the words "generic for" followed by the brand name of the drug prescribed, and the label shall also contain the generic's brand name or the manufacturer or distributor of the drug dispensed.

c. The requirements of subdivisions 1 a and b of this section shall not apply to drugs dispensed to patients of a hospital or long-term care facility where all drugs are administered by persons licensed to administer.

The number of dosage units or, if liquid, the number of milliliters dispensed.

History

Statutory Authority: §§ 54.1-103 and 54.1-2400 and Chapters 33 (§ 54.1-3300 et seq.) and 34 (§ 54.1-3400 et seq.) of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 7.1, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 15, Issue 8, eff. February 3, 1999; Volume 19, Issue 19, eff. July 2, 2003; Volume 20, Issue 23, eff. August 25, 2004.

18VAC110-20-340 Packaging standards for dispensed prescriptions

A. A drug shall be dispensed only in packaging approved by the current U.S.P.-N.F. for that drug. In the absence of such packaging standard for that drug, it shall be dispensed in a well-closed container.

B. Drugs may be dispensed in compliance packaging for self-administration when requested by the patient or for use in hospitals or long-term care facilities provided that such packaging meets all current U.S.P.-N.F. standards for packaging, labeling and recordkeeping. Compliance packaging that is comprised of a series of individual containers or pockets labeled with the specific date and time when the contents of that container are to be taken, and which may contain more than one different drug, shall comply with USP-NF standards for customized patient medication packages to include:

If the packaging allows for the separation of the individual containers, the labels for each individual container shall be labeled with the identity of each of the drug products contained within; and
The main packaging label shall contain all the required elements for any outpatient prescription label and shall contain a physical description identifying each solid dosage form contained within the individual containers.

History

Statutory Authority: § 54.1-2400 and Chapters 33 (§ 54.1-3300 et seq.) and 34 (§ 54.1-3400 et seq.) of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 7.2, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 25, Issue 24, eff. September 2, 2009.

18VAC110-20-350 Special packaging

A. Each drug dispensed to a person in a household shall be dispensed in special packaging except when otherwise directed in a prescription by a practitioner, when otherwise requested by the purchaser, or when such drug is exempted from 16 CFR § 1702.1 et seq. promulgated pursuant to the Poison Prevention Packaging Act of 1970 (15 USC §§ 1471-1476).

B. If nonspecial packaging is requested, a notation shall be made on the dispensing record or other retrievable record.

History

Statutory Authority: § 54.1-2400 and Chapters 33 (§ 54.1-3300 et seq.) and 34 (§ 54.1-3400 et seq.) of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 7.3, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 15, Issue 8, eff. February 3, 1999; Volume 20, Issue 23, eff. August 25, 2004; Volume 25, Issue 24, eff. September 2, 2009.

18VAC110-20-351 Accessible prescription labels

A. Prescriptions dispensed to a person who informs the pharmacy that the person is blind, visually impaired, or otherwise print disabled shall meet the requirements of § 54.1-3410.3 of the Code of Virginia to ensure that all necessary information is included for patient safety.

B. If the accommodation provided by the pharmacy includes the use of an accessible label, a pharmacist, pharmacy intern, pharmacy technician, or pharmacy technician trainee shall affix the label prior to dispensing to the patient as required by 18VAC110-20-270.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3410.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 41, Issue 18, eff. May 21, 2025.

18VAC110-20-355 Pharmacy repackaging of drug; records required; labeling requirements

A. Pharmacies in which bulk reconstitution of injectable, bulk compounding, or the repackaging or prepackaging of drugs is performed shall maintain adequate control records for a period of one year or until the expiration, whichever is greater. The records shall show the name of the drugs used; strength, if any; date repackaged; quantity prepared; initials of the pharmacist verifying the process; the assigned lot or control number; the manufacturer's or distributor's name and lot or control number; and an expiration date.

B. The drug name; strength, if any; the assigned lot or control number or the manufacturer's or distributor's name and lot or control number; and an appropriate expiration date determined by the pharmacist in accordance with USP guidelines shall appear on any subsequently repackaged or reconstituted units.

C. Repackaging of drugs shall be performed in compliance with USP-NF standards.

D. Pharmacies using automated counting devices or dispensers in which drugs are removed from manufacturer's original packaging and placed in bulk bins shall comply with the following requirements:

A bin filling record shall be maintained manually or in a computerized record for a period of one year from date of filling from which information can be readily retrieved for each bin including:

a. The drug name and strength, if any;

b. The name of the manufacturer or distributor;

c. Manufacturer's control or lot numbers and expiration date for all lots placed into the bin at the time of filling;

d. Any assigned lot number;

e. An expiration date determined according to USP guidelines for repackaging;

f. The date of filling; and

g. The pharmacist's initials verifying the accuracy of the process.

If more than one lot is added to a bin at the same time, the lot that expires first shall be used to determine the expiration date if shorter than a calculated date based on USP guidelines.
Each bin shall be labeled in such a manner as to cross-reference the information on the filling record with the correct expiration date.
If only one lot is added to a bin at one time, but a subsequent lot may be added before the first has cleared, the automated device shall be constructed to reasonably dispense the first lot before the second lot is dispensed, and the expiration date on the bin's label shall reflect the expiration date assigned to the earlier lot.
In the event of a drug recall involving one of multiple lots placed in a bin of an automated counting device in the last three months or if a recalled drug is known to remain in the bin, all drugs shall be removed from the bin and not used for patient care. The removal of drugs from the bin is not required if:

a. The technology of the automated counting device can ensure drugs in a particular lot have been cleared; or

b. The bin has been "run dry," with a record made of the "run dry" date, since the addition of the recalled lot number in which all drugs were completely removed prior to filling with a subsequent lot number.

An automated counting device shall be cleaned and maintained in accordance with recommended manufacturer guidelines and specifications.

E. A pharmacy may return a dispensed drug to stock for redispensing that has never left the pharmacy premises or the control of the pharmacy delivery agent pursuant to § 54.1-3411.1 A 3 of the Code of Virginia under the following conditions:

An expiration date shall be placed on the label prior to returning the drug to stock. In the absence of stability data to the contrary, the date on the label may not exceed the expiration date on the manufacturer's container or one year from the date the drug was originally dispensed and placed in the prescription vial, whichever date is earlier.
The restocked drug shall be used to fill the next prescription received for that product. In the event that the drug is not dispensed prior to the new assigned expiration date, it shall be removed from working stock as expired and disposed of in accordance with 18VAC110-20-210.
If there is no lot number on the label of a drug returned to stock or on the prescription records that can be cross-referenced from the prescription label, the drug shall be removed from stock upon any recall of that drug product and returned to the manufacturer or otherwise disposed of in accordance with 18VAC110-20-210.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 8, eff. February 3, 1999; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 25, Issue 24, eff. September 2, 2009; Volume 29, Issue 21, eff. August 2, 2013; Volume 36, Issue 6, eff. December 11, 2019.

Part VII Standards for Prescription Transactions

18VAC110-20-360 Issuing a copy of a prescription that can be filed or refilled

A. Consistent with federal laws and regulations, a copy of a prescription shall be given upon request by one pharmacy to another pharmacy provided the drug can be filled or refilled pursuant to §§ 54.1-3410 and 54.1-3411 of the Code of Virginia and provided the patient has given permission for the transfer.

B. The transfer of original prescription information for a drug listed in Schedules III through VI for the purpose of dispensing is permissible between pharmacies if the transfer is communicated directly between the two pharmacies either orally by direct communication between the transferring pharmacist and the receiving pharmacist, or by facsimile machine or by electronic transmission, provided:

The transferring pharmacy:

a. Records the word "VOID" on the face of the invalidated prescription;

b. Records on the reverse of the invalidated prescription the name, address, and, except for a prescription for a Schedule VI drug, the DEA number of the pharmacy to which it was transferred, and, for an oral transfer, the name of the pharmacist receiving the prescription information;

c. Records the date of the transfer and, in the case of an oral transfer, the name of the pharmacist transferring the information; and

The receiving pharmacy:

a. Writes the word "TRANSFER" on the face of the transferred prescription.

b. Provides all information required to be on a prescription to include:

(1) Date of issuance of original prescription;

(2) Original number of refills authorized on the original prescription;

(3) Date of original dispensing, if applicable;

(4) Number of valid refills remaining and date of last dispensing;

(5) Pharmacy name, address, DEA registry number, except for Schedule VI prescriptions, and original prescription number from which the prescription information was transferred; and

(6) Name of transferring pharmacist, if transferred orally.

Both the original and transferred prescription shall be maintained for a period of two years from the date of last refill.

C. Nothing in this chapter shall prevent the giving of a prescription marked "For Information Only" to a patient.

D. In lieu of recording the required information in subsection B of this section on a hard copy prescription, a pharmacy may record all required information in an automated data processing system used for storage and retrieval of dispensing information in accordance with 18VAC110-20-250.

E. For prescriptions transferred between pharmacies using a common database, the pharmacy receiving the prescription shall not be required to maintain a hard copy pursuant to 18VAC110-20-240 B provided that the system used is capable of generating a hard copy of the transferred prescription upon request or except as required by federal law.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 8.1, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 12, Issue 21, eff. August 7, 1996; Volume 15, Issue 8, eff. February 3, 1999; Volume 20, Issue 23, eff. August 25, 2004.

18VAC110-20-370 (Repealed.)

Historical Notes

Derived from VR530-01-1 §§ 8.2, 8.3, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 12, Issue 21, eff. August 7, 1996; repealed, Virginia Register Volume 20, Issue 23, eff. August 25, 2004.

18VAC110-20-390 Kickbacks, fee-splitting, interference with supplier

A. A pharmacy shall not solicit or foster prescription practice with a prescriber of drugs or any other person providing for rebates, kickbacks, fee-splitting, or special charges in exchange for prescription orders.

B. A pharmacy shall not interfere with the patient's right to choose his supplier of medication or cooperate with any person in denying a patient the opportunity to select his supplier of prescribed medications.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 8.4, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-20-391 Prescription blanks

If a pharmacy provides prescription blanks to prescribers, no advertising or other information shall be on the face of the prescription blank other than prompts for essential information required by law to be on a written prescription. Any nonessential information such as coupons or pharmacy name may be placed on the back of the prescription blank or on a separate sheet of paper, but shall not be on or attached to the face of the blank.

History

Statutory Authority: § 54.1-2400 and Chapters 33 (§ 54.1-3300 et seq.) and 34 (§ 54.1-3400 et seq.) of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 24, eff. September 2, 2009.

18VAC110-20-395 Purchase of drugs

Except for an emergency purchase from another pharmacy, a pharmacist may only purchase Schedule II through VI drugs from a wholesale distributor or warehouser licensed or registered by the board.

History

Statutory Authority: § 54.1-2400 and Chapters 33 (§ 54.1-3300 et seq.) and 34 (§ 54.1-3400 et seq.) of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 8, eff. February 3, 1999; amended, Virginia Register Volume 25, Issue 24, eff. September 2, 2009.

18VAC110-20-400 Returning of drugs and devices

Drugs may be accepted for return or exchange by any pharmacist or pharmacy for resale in accordance with the provisions of § 54.1-3411.1 of the Code of Virginia. Devices may be accepted for return or exchange provided the device is in the manufacturer's original sealed packaging.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 8.5, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 15, Issue 8, eff. February 3, 1999; Volume 19, Issue 20, eff. July 16, 2003; Volume 27, Issue 3, eff. November 10, 2010.

18VAC110-20-410 Permitted physician licensed by the board

A. Pursuant to § 54.1-3304 of the Code of Virginia, physicians licensed by the board to dispense drugs, when pharmacy services are not reasonably available, shall be subject to the following sections of this chapter. For purposes of this section, the terms "pharmacist," "pharmacist-in-charge," "pharmacy," and "PIC" in the following shall be deemed to mean the physician permitted by the board:

18VAC110-20-110 C and D;
18VAC110-20-130 A;
18VAC110-20-140 A and C;
18VAC110-20-150 except that these requirements shall not apply to physicians licensed prior to August 25, 2004, unless the dispensing area is relocated or remodeled;
18VAC110-20-160;
18VAC110-20-180;
18VAC110-20-190 A, B and C;
18VAC110-20-200;
18VAC110-20-210; and
18VAC110-20-240 through 18VAC110-20-410.

B. A physician may apply for a special or limited use permit in accordance with 18VAC110-20-120.

History

Statutory Authority: § 54.1-2400 and Chapters 33 (§ 54.1-3300 et seq.) and 34 (§ 54.1-3400 et seq.) of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 8.6, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 12, Issue 21, eff. August 7, 1996; Volume 20, Issue 23, eff. August 25, 2004; Volume 25, Issue 24, eff. September 2, 2009.

18VAC110-20-411 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 12, Issue 21, eff. August 7, 1996; amended, Virginia Register Volume 19, Issue 19, eff. July 2, 2003; repealed, Virginia Register Volume 24, Issue 8, eff. January 23, 2008.

18VAC110-20-412 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 12, Issue 21, eff. August 7, 1996; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; repealed, Virginia Register Volume 24, Issue 8, eff. January 23, 2008.

18VAC110-20-413 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 12, Issue 21, eff. August 7, 1996; repealed, Virginia Register Volume 24, Issue 8, eff. January 23, 2008.

18VAC110-20-414 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 12, Issue 21, eff. August 7, 1996; repealed, Virginia Register Volume 24, Issue 8, eff. January 23, 2008.

18VAC110-20-415 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 12, Issue 21, eff. August 7, 1996; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; repealed, Virginia Register Volume 24, Issue 8, eff. January 23, 2008.

18VAC110-20-416 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 12, Issue 21, eff. August 7, 1996; repealed, Virginia Register Volume 24, Issue 8, eff. January 23, 2008.

18VAC110-20-417 (Reserved.). (Reserved)

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 12, Issue 21, eff. August 2, 1996.

18VAC110-20-418 Continuous quality improvement programs

A. Notwithstanding practices constituting unprofessional practice indicated in 18VAC110-20-25, any pharmacy that actively reports dispensing errors and the analysis of such errors to a patient safety organization consistent with § 54.1-3434.03 of the Code of Virginia and 18VAC110-20-10 shall be deemed in compliance with this section. A record indicating the date a report was submitted to a patient safety organization shall be maintained for 12 months from the date of reporting. If no dispensing errors have occurred within the past 30 days, a zero report with date shall be recorded on the record.

B. Pharmacies not actively reporting to patient safety organizations, consistent with § 54.1-3434.03 and 18VAC110-20-10, shall implement a program for continuous quality improvement in compliance with this section.

Notification requirements:

a. A pharmacy intern or pharmacy technician who identifies or learns of a dispensing error shall immediately notify a pharmacist on duty of the dispensing error.

b. A pharmacist on duty shall appropriately respond to the dispensing error in a manner that protects the health and safety of the patient.

c. A pharmacist on duty shall immediately notify the patient or the person responsible for administration of the drug to the patient and communicate steps to avoid injury or mitigate the error if the patient is in receipt of a drug involving a dispensing error, that may cause patient harm or affect the efficacy of the drug therapy. Additionally, reasonable efforts shall be made to determine if the patient self-administered or was administered the drug involving the dispensing error. If it is known or reasonable to believe the patient self-administered or was administered the drug involving the dispensing error, the pharmacist shall immediately assure that the prescriber is notified.

Documentation and record requirements; remedial action:

a. Documentation of the dispensing error must be initiated as soon as practical, not to exceed three days from identifying the error. Documentation shall include, at a minimum, a description of the event that is sufficient to allow further investigation, categorization, and analysis of the event.

b. The pharmacist-in-charge or designee shall perform a systematic, ongoing analysis, as defined in 18VAC110-20-10, of dispensing errors. An analysis of each dispensing error shall be performed within 30 days of identifying the error.

c. The pharmacist-in-charge shall inform pharmacy personnel of changes made to pharmacy policies, procedures, systems, or processes as a result of the analysis.

d. Documentation associated with the dispensing error need only to be maintained until the systematic analysis has been completed. Prescriptions, dispensing information, and other records required by federal or state law shall be maintained accordingly.

e. A separate record shall be maintained and available for inspection to ensure compliance with this section for 12 months from the date of the analysis of dispensing errors and shall include the following information:

(1) Dates the analysis was initiated and completed;

(2) Names of the participants in the analysis;

(3) General description of remedial action taken to prevent or reduce future errors; and

(4) A zero report with date shall be recorded on the record if no dispensing errors have occurred within the past 30 days.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 12, Issue 21, eff. August 2, 1996; amended Virginia Register Volume 31, Issue 7, eff. December 31, 2014.

18VAC110-20-419 (Reserved.). (Reserved)

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 12, Issue 21, eff. August 2, 1996.

Part VIII Unit Dose Dispensing Systems

18VAC110-20-420 Unit dose dispensing system

A. A unit dose drug dispensing system may be utilized for the dispensing of drugs to patients in a hospital or long-term care facility. The following requirements shall apply regardless of whether licensed or unlicensed persons administer medications:

Any equipment outside the pharmacy used to house drugs to be administered in a unit dose system shall be fitted with a locking mechanism and locked at all times when unattended.
A signed order by the prescribing practitioner shall accompany the requests for a Schedule II drug, except that a verbal order for a hospital patient for a Schedule II controlled substance may be transmitted to a licensed nurse or pharmacist at the hospital who shall promptly reduce the order to writing in the patient's chart. Such an order shall be signed by the prescriber within 72 hours.
Properly trained personnel may transcribe the prescriber's drug orders to a patient profile card, fill the medication carts, and perform other such duties related to a unit dose distribution system provided these are done under the personal supervision of a pharmacist.
All dosages and drugs shall be labeled with the drug name, strength, lot number and expiration date when indicated.
The patient's individual drug drawer or tray shall be labeled in a manner to identify the patient and his location without violating health privacy laws.
All unit dose drugs intended for internal use shall be maintained in the patient's individual drawer or tray unless special storage conditions are necessary.
A back-up dose of a drug of not more than one dose unit may be maintained in the patient's drawer, tray, or special storage area provided that the dose is maintained in the patient's drawer, tray, or special storage area with the other drugs for that patient.
A record shall be made and maintained within the pharmacy for a period of one year showing:

a. The date of filling of the drug cart;

b. The location of the drug cart;

c. The initials of the person who filled the drug cart; and

d. The initials of the pharmacist checking and certifying the contents of the drug cart in accordance with the provisions in 18VAC110-20-270 C.

A patient profile record or medication card will be accepted as the dispensing record of the pharmacy for unit dose dispensing systems only, subject to the following conditions:

a. The record of dispensing must be entered on the patient profile record or medication card at the time the drug drawer or tray is filled.

b. In the case of Schedule II through V drugs, after the patient profile record or medication card has been completed, the card must be maintained for two years.

c. In the case of the computer-based distribution system, a uniformly maintained "fill list" or other document containing substantially the same information may be accepted as the dispensing record for Schedule II through VI drugs. Records of disposition/administration for floor stock drugs as provided in 18VAC110-20-460 B will be accepted for drugs distributed as floor stock.

B. In providing unit dose systems to hospitals or long-term care facilities where only those persons licensed to administer are administering drugs, the pharmacy shall dispense not more than a seven-day supply of a drug in a solid, oral dosage form at any one given time.

C. In addition to the requirements listed in subsection A of this section, the following requirements apply to those long-term care facilities in which unlicensed persons administer drugs:

The pharmacy providing medications to such facility shall dispense no more than a 72-hour supply of drugs in a solid, oral dosage form at any one given time.
The pharmacy shall provide to persons administering medications training specific to the particular unit dose system being used.
The pharmacy shall provide a medication administration record to the facility listing each drug to be administered with full dosage directions to include no abbreviations.
The drugs in a unit dose system shall be placed in slots within a drawer labeled or coded to indicate time of administration.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 9.1, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 12, Issue 21, eff. August 7, 1996; Volume 15, Issue 8, eff. February 3, 1999; Volume 20, Issue 23, eff. August 25, 2004; Volume 29, Issue 25, eff. September 26, 2013.

18VAC110-20-425 Robotic pharmacy systems

A. Consistent with 18VAC110-20-420, a pharmacy providing services to a hospital or a long-term care facility and operating a robotic pharmacy system that dispenses drugs in barcoded unit dose or compliance packaging is exempted from 18VAC110-20-270 C, provided the accuracy of the final dispensed prescription product complies with a written quality assurance plan and requirements of this chapter. The following requirements for operation of a robotic pharmacy system shall apply:

Pharmacists shall review for accuracy and appropriateness of therapy all data entry of prescription orders into the computer operating the system.
The packaging, repackaging, stocking, and restocking of the robotic pharmacy system shall be performed by pharmacy technicians or pharmacists.
Pharmacists shall verify and check for the accuracy of all drugs packaged or repackaged for use by the robot by a visual check of both labeling and contents prior to stocking the drugs in the robotic pharmacy system. A repackaging record shall be maintained in accordance with 18VAC110-20-355 A, and the verifying pharmacist shall initial the record. Packaging and labeling, including the appropriate beyond-use date, shall conform to requirements of this chapter and current USP-NF standards.
A written policy and procedure must be maintained and complied with and shall include at a minimum procedures for ensuring:

a. Accurate packaging and repackaging of all drugs for use in the robotic pharmacy system, to include properly labeled barcodes, and method for ensuring pharmacist verification of all packaged and repacked drugs compliant with this chapter and assigned barcodes;

b. Accurate stocking and restocking of the robotic pharmacy system;

c. Removing expired drugs;

d. Proper handling of drugs that may be dropped by the robotic pharmacy system;

e. Performing routine maintenance of robotic pharmacy system as indicated by manufacturer's schedules and recommendations;

f. Accurate dispensing of drugs via robotic pharmacy system for cart fills, first doses, and cart fill updates during normal operation and during any scheduled or unscheduled downtime;

g. Accurate recording of any scheduled or unanticipated downtime with an explanation of the problem to include the time span of the downtime and the resolution;

h. Appropriately performing an analysis to investigate, identify, and correct sources of discrepancies or errors associated with the robotic pharmacy system; and

i. Maintaining quality assurance reports.

All manual picks shall be checked by pharmacists.
If it is identified that the robot selected an incorrect medication, the pharmacy shall identify and correct the source of discrepancy or error in compliance with the pharmacy's policies and procedures prior to resuming full operations of the robot. An investigation of the cause of the event shall be completed, and the outcome of the corrective action plan shall be summarized and documented in a readily retrievable format.
Quarterly quality assurance reports demonstrating the accuracy of the robot shall be maintained. At a minimum, these reports shall include a summary indicating the date and description of all discrepancies that include discrepancies involving the packaging, repackaging, and dispensing of drugs via the robotic pharmacy system found during that quarter plus a cumulative summary since initiation of the robotic pharmacy system.

B. Intravenous admixture robotics may be utilized to compound drugs in compliance with § 54.1-3410.2 of the Code of Virginia and 18VAC110-20-321; however, a pharmacist shall verify the accuracy of all compounded drugs pursuant to 18VAC110-20-270 B.

C. Medication carousels functioning with or without a robotic pharmacy system in a hospital may be utilized to store and guide the selection of drugs to be dispensed or removed from the pharmacy under the following conditions:

The entry of drug information into the barcode database for assignment of a barcode to an individual drug shall be performed by a pharmacist who shall verify the accuracy of the barcode assignment.
A pharmacist is not required to verify the accuracy of a patient-specific drug removed from a medication carousel if:

a. The entry of the order for a patient-specific drug into the pharmacy's dispensing software is verified by a pharmacist for accuracy and is electronically transmitted to the medication carousel; and

b. The patient-specific drug removed from the medication carousel by a pharmacy technician is verified for accuracy by the pharmacy technician who shall scan each drug unit removed from the medication carousel prior to dispensing, and a nurse or other person authorized to administer the drug scans each drug unit using barcode technology to verify the accuracy of the drug prior to administration of the drug to the patient. The requirement for scanning by a nurse or other person authorized to administer is waived in an emergent event when a delay would cause imminent harm to the patient; or

c. The patient-specific drug is checked by two pharmacy technicians if a hospital does not have the capability for the drug to be verified for accuracy by scanning each drug unit. The first pharmacy technician removing the patient-specific drug from the medication carousel shall perform a visual inspection of each drug unit for accuracy and then double check the accuracy by scanning an individual unit of each drug. A second, different pharmacy technician shall perform a separate visual inspection of each drug unit and scan an individual unit of each drug for final verification. A nurse or other person authorized to administer the drug shall scan each drug unit prior to administration, unless the drug is being administered to treat an emergent event when a delay would cause imminent harm to the patient.

A pharmacist is not required to verify the accuracy of the drug removed from the medication carousel by a pharmacy technician if that drug is intended to be placed into an automated drug dispensing system as defined in § 54.1-3401 of the Code of Virginia or distributed to another entity legally authorized to possess the drug if:

a. The list of drugs to be removed from the medication carousel for loading or replenishing an individual automated dispensing system is electronically transmitted to the medication carousel; and

b. The drug removed from the medication carousel is verified for accuracy by the pharmacy technician by scanning each drug unit removed from the medication carousel prior to leaving the pharmacy and delivering the drug to the automated drug dispensing system or distributed to another entity, and a nurse or other person authorized to administer the drug scans each drug unit using barcode technology to verify the accuracy of the drug prior to administration of the drug to the patient. If the drug is placed into an automated drug dispensing system located within a hospital, or the entity receiving the distributed drug, wherein a nurse or other person authorized to administer the drug will not be able to scan each drug unit using barcode technology to verify the accuracy of the drug prior to patient administration, then a second verification for accuracy shall be performed by a pharmacy technician by scanning each drug unit at the time of placing the drugs into the automated dispensing system; or

c. The drug intended for restocking an automated dispensing device is checked by two pharmacy technicians if the hospital does not have the capability for scanning each drug unit. The first pharmacy technician removing the drug for restocking from the medication carousel shall perform a visual inspection of each drug unit for accuracy and then double check the accuracy by scanning an individual unit of each drug of the automated dispensing device restock order prior to leaving the pharmacy. A second, different pharmacy technician shall perform a separate visual inspection of each drug unit and scan an individual unit for each drug of the restock order for final verification at the time of placing the drug into the automated dispensing device. A nurse or other person authorized to administer the drug shall scan each drug unit prior to administration, unless the drug is being administered to treat an emergent event where a delay would cause imminent harm to the patient.

A pharmacist shall verify the accuracy of all drugs that are manually removed from the medication carousel by a pharmacy technician without the use of barcode scanning technology to verify the accuracy of the selection of the drug product prior to dispensing those drugs or those drugs leaving the pharmacy.
A pharmacist shall perform a daily random check for verification of the accuracy of 5.0% of drugs prepared that day utilizing the medication carousel technology. A manual or electronic record, from which information can be readily retrieved, shall be maintained and shall include:

a. The date of verification;

b. A description of all discrepancies identified, if any; and

c. The initials of the pharmacist verifying the accuracy of the process.

D. All records required by this section shall be maintained at the address of the pharmacy for a minimum of two years. Records may be maintained in offsite storage or as an electronic image that provides an exact image of the document that is clearly legible, provided such offsite or electronic storage is retrievable and made available for inspection or audit within 48 hours of a request by the board or an authorized agent of the board.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 17, Issue 7, eff. January 17, 2001; amended, Virginia Register Volume 25, Issue 24, eff. September 2, 2009; Volume 29, Issue 25, eff. September 26, 2013; Volume 36, Issue 6, eff. December 11, 2019; Volume 39, Issue 6, eff. December 7, 2022.

18VAC110-20-430 (Repealed.)

Historical Notes

Derived from VR530-01-1 § 10.1, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 18, Issue 12, eff. March 27, 2002; repealed, Virginia Register Volume 19, Issue 20, eff. July 16, 2003.

Part IX Pharmacy Services to Hospitals

18VAC110-20-440 Responsibilities of the pharmacist-in-charge

A. The PIC in a pharmacy located within a hospital or the PIC of any outside pharmacy providing pharmacy services to a hospital shall be responsible for establishing procedures for and assuring maintenance of the proper storage, security, and dispensing of all drugs used throughout the hospital.

B. The PIC of a pharmacy serving a hospital shall be responsible for maintaining a policy and procedure for providing reviews of drug therapy to include at a minimum any irregularities in drug therapy consistent with § 54.1-3319 A of the Code of Virginia.

C. Prior to the opening of a satellite pharmacy within the hospital, the PIC shall notify the board as required by 18VAC110-20-140 and shall ensure compliance with subsections B through G of 18VAC110-20-150, 18VAC110-20-160, 18VAC110-20-170, 18VAC110-20-180 and 18VAC110-20-190. No drugs shall be stocked in a satellite pharmacy until an inspection has been completed and approval given for opening.

D. For the following list of Schedule VI controlled substances, the PIC of a pharmacy serving a hospital may authorize the storage in an area of the hospital outside the pharmacy, and may delegate the ordering and distribution within the hospital to nonpharmacy personnel provided the conditions for proper storage and adequate security and the procedures for distribution are set forth in the pharmacy's policy and procedure manual, and provided that the PIC assures that these storage areas are checked monthly for compliance. The storage areas must be locked when authorized staff is not present in the area. Except for nitrous oxide, medical gases may be stored in an unlocked area.

Large volume parenteral solutions that contain no active therapeutic drugs other than electrolytes;
Irrigation solutions;
Contrast media;
Medical gases;
Sterile sealed surgical trays that may include a Schedule VI drug; and
Blood components and derivatives, and synthetic blood components and products that are classified as prescription drugs.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 10.2, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 12, Issue 21, eff. August 7, 1996; Volume 20, Issue 23, eff. August 25, 2004; Volume 25, Issue 24, eff. September 2, 2009.

18VAC110-20-450 After-hours access to the pharmacy

A. When authorized by the PIC, an authorized nurse may have access to a supply of drugs maintained by the pharmacy at a location outside the pharmacy in order to obtain emergency medication during hours the pharmacy is closed, provided that such drug is available in the manufacturer's original package or in units which have been prepared and labeled by a pharmacist and provided further that a separate record shall be made and left at the location of the stock of drugs on a form prescribed by the PIC and such records are maintained within the pharmacy for a period of one year showing:

1 The date of withdrawal;

The patient's name;
The name of the drug, strength, dosage form and dose prescribed;
Number of doses removed; and
The signature of the authorized nurse.

B. If the after-hours supply of drugs is in an area that is continuously open and staffed, such as a patient floor or emergency room, then the area does not need to be alarmed. If the after-hours supply is maintained in an area of the hospital that is not open and continuously staffed, such as a floor that primarily houses departments that are closed daily, then an alarm that meets the requirements of 18VAC110-20-180 shall be installed and activated at all times.

History

Statutory Authority: § 54.1-2400 and Chapters 33 (§ 54.1-3300 et seq.) and 34 (§ 54.1-3400 et seq.) of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 10.3, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 20, Issue 23, eff. August 25, 2004; Volume 25, Issue 24, eff. September 2, 2009.

18VAC110-20-460 Floor stock drugs; proof of delivery; distribution records

A. Except as provided in 18VAC110-20-490 D, a pharmacist shall check all Schedules II through VI drugs delivered to a hospital unit as floor stock before the drugs leave the pharmacy and shall initial or sign manually or electronically the record of distribution verifying the accuracy of the distribution.

B. A delivery receipt shall be obtained for Schedules II through V drugs supplied as floor stock. This record shall include the date, drug name and strength, quantity, hospital unit receiving the drug, and the manual or electronic signatures of the dispensing pharmacist and the receiving nurse.

C. A record of disposition or administration shall be used to document administration of Schedules II through V drugs when a floor stock system is used for such drugs. The record shall be returned to the pharmacy within three months of its issue. The PIC or the PIC's designee shall:

Match returned records with delivery receipts to verify that all records are returned;
Periodically audit returned administration records for completeness as to patient's names, dose, date and time of administration, signature or initials of person administering the drug, and date the record is returned;
Verify that all additions to inventory are recorded, that all additions to and deductions from inventory are correctly calculated, that sums carried from one record to the next are correctly recorded, and periodically verify that doses documented on administration records are reflected in the medical record; and
Initial the returned record.

D. All records required by this section shall be filed chronologically by date of issue and retained for two years from the date of return at the address of the pharmacy. Schedule VI records may be maintained in offsite storage or as an electronic image that provides an exact image of the document that is clearly legible, provided such offsite or electronic storage is retrievable and made available for inspection or audit within 48 hours of a request by the board or an authorized agent. Schedules II through V records may only be stored off site or electronically as described in this subsection if authorized by DEA or in federal law or regulation. The filing requirements of 18VAC110-20-240 A 1 for separation of Schedule II records shall be met for administration records if the Schedule II drugs are listed in a separate section on a page that contains other schedules of drugs.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 10.4, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 20, Issue 23, eff. August 25, 2004; Volume 25, Issue 24, eff. September 2, 2009; Volume 41, Issue 25, eff. August 27, 2025.

18VAC110-20-470 Emergency room

All drugs in the emergency department shall be under the control and supervision of the PIC and shall be subject to the following additional requirements:

All drugs kept in the emergency room shall be in a secure place from which unauthorized personnel and the general public are excluded.
Oral orders for medications shall be reduced to writing and shall be signed by the prescriber.
A medical practitioner may dispense drugs to his patients if in a bona fide medical emergency or when pharmaceutical services are not readily available and if permitted to do so by the hospital; the drug container and the labeling shall comply with the requirements of this chapter and the Drug Control Act.
A record shall be maintained of all drugs administered in the emergency room.
A separate record shall be maintained on all drugs, including drug samples, dispensed in the emergency room. The records shall be maintained for a period of two years showing:

a. Date and time dispensed;

b. Patient's name;

c. Prescriber's name; and

d. Name of drug dispensed, strength, dosage form, quantity dispensed, and dose.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 10.5, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 15, Issue 8, eff. February 3, 1999; Volume 20, Issue 23, eff. August 25, 2004; Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-20-480 (Repealed.)

Historical Notes

Derived from VR530-01-1 § 10.6, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 12, Issue 21, eff. August 7, 1996; repealed, Virginia Register Volume 20, Issue 23, eff. August 25, 2004.

18VAC110-20-490 Automated devices for dispensing and administration of drugs

A. A hospital, state facility as defined in § 37.2-100 of the Code of Virginia that is established pursuant to Title 37.2 of the Code of Virginia, facility as defined in § 37.2-100 of the Code of Virginia that is licensed by the Department of Behavioral Health and Developmental Services and provides site-based crisis stabilization services, or other facility authorized by the board may use automated drug dispensing systems and remote dispensing systems for the dispensing and administration of drugs pursuant to § 54.1-3301 of the Code of Virginia and §§ 54.1-3401 and 54.1-3434.02 of the Drug Control Act and in accordance with 18VAC110-20-270, 18VAC110-20-420, or 18VAC110-20-460 as applicable. Unless prohibited under federal law, a remote dispensing system that solely stores drugs labeled and verified by the provider pharmacist for patients to obtain medication may be placed within close proximity of a permitted pharmacy or at a location issued a controlled substance registration pursuant to § 54.1-3420.2 of the Code of Virginia in a secure area under constant surveillance to ensure security of drugs, confidentiality of protected health information, and appropriate recordkeeping.

B. Policy and procedure manual; access codes.

Proper use of the automated drug dispensing system and remote dispensing system and means of compliance with requirements shall be set forth in the pharmacy's policy and procedure manual, which shall include provisions for granting and terminating user access.
Personnel allowed access to an automated drug dispensing system and remote dispensing system shall have a specific access code or other means to record the identity of the person accessing the device. The device may verify access codes using biometric identification or other coded identification after the initial log-on in order to eliminate sharing or theft of access codes.

C. Distribution of drugs from the pharmacy.

Except when the automated drug dispensing system or remote dispensing system is used exclusively for administration of drugs for emergencies, a pharmacy located outside of the hospital or facility it services shall first obtain a controlled substance registration issued in the name of the pharmacy at the address of the hospital or facility and a registration from the Drug Enforcement Administration, if required, prior to stocking controlled substances in Schedules II through VI.
Drugs authorized pursuant to § 54.1-3434.02 of the Code of Virginia may be placed into and removed from automated drug dispensing systems or remote dispensing systems. Pharmacies servicing remote dispensing systems that package and label drugs for a specific patient may repackage drugs into bulk bins that are verified for accuracy by a pharmacist pursuant to 18VAC110-20-355. Pharmacies using a remote dispensing device that only stores patient-specific dispensed drugs for patients to obtain medication may place pharmacist-verified dispensed drug into the device.
Prior to removal of drugs from the pharmacy, a delivery record shall be generated for all drugs to be placed in an automated drug dispensing system or remote dispensing system. The delivery record shall include the date; drug name, dosage form, and strength; quantity; hospital or facility unit and a unique identifier for the specific device receiving the drug; initials of the person loading the automated drug dispensing system or remote dispensing system; and initials of the pharmacist checking the drugs to be removed from the pharmacy and the delivery record for accuracy.
At the time of loading any Schedules II through V drug, the person loading will verify that the count of that drug in the automated drug dispensing system or remote dispensing system is correct. Any discrepancy noted shall be recorded on the delivery record and immediately reported to the pharmacist in charge, who shall be responsible for ensuring reconciliation of the discrepancy or properly reporting of a loss.

D. Distribution of drugs from a central warehouser or wholesale distributor. Notwithstanding subdivision C 1 of this section, a central warehouser or wholesale distributor may distribute Schedule VI drugs to hospitals to be placed in specific automated dispensing devices under the following conditions:

A pharmacist licensed in Virginia employed by or otherwise working at the central warehouser or wholesale distributor shall verify the accuracy of all Schedule VI drugs to be placed in specific automated dispensing devices within the hospital prior to delivery of the drugs directly to the hospital pharmacy;
A pharmacist at the hospital pharmacy shall not be required to (i) verify the accuracy of these drugs prior to leaving the hospital pharmacy for delivery to the hospital unit as floor stock as required in 18VAC110-20-460 A or (ii) initial the delivery record as required in subdivision C 1 of this section;
The central warehouser or wholesale distributor shall maintain a record of all Schedule VI drugs distributed to a hospital for placement in a specific automated dispensing device. The record shall include the date; drug name, dosage form, and strength; quantity; hospital name; hospital unit and a unique identifier for the specific automated dispensing device receiving the drug; and initials of the pharmacist employed by or working at the central warehouser or wholesale distributor who is responsible for verifying the drugs for accuracy;
The central warehouser or wholesale distributor shall provide an invoice to each hospital pharmacy that indicates in which specific automated dispensing device the drugs delivered to the hospital are to be placed;
A pharmacist or pharmacy technician at each hospital shall load the drugs into the specific automated dispensing device after scanning in accordance with the hospital's policies and procedures, and the hospital pharmacy shall maintain a record that consists of the initials of the person loading the automated dispensing device;
A pharmacist licensed in Virginia employed by or otherwise working at the warehouser or wholesale distributor shall perform barcode linking of any drug to the related drug files in the hospital information system and automated dispensing device or associated drug database;
Each hospital receiving drugs from the central warehouser or wholesale distributor shall maintain at least a 90% barcode scanning rate for restocking automated dispensing devices. If the scanning rate for restocking the automated dispensing device is less than 90% for any quarter, the pharmacy at the hospital shall immediately reinstitute a 100% pharmacist verification process at the receiving pharmacy until a 90% scanning rate for a subsequent quarter is achieved and documented; and
The hospital pharmacy receiving such services from a central warehouser or wholesale distributor shall maintain quarterly reports containing the hospital's restocking barcode scanning rate, bedside barcode scanning rate, and any errors in drug product received from the central warehouser or wholesale distributor.

E. Distribution and dispensing of drugs from the device.

Automated drug dispensing systems and remote dispensing systems shall be capable of producing a hard-copy record of distribution that shall show patient name, drug name and strength, dose withdrawn, date and time of withdrawal from the device, and identity of person withdrawing the drug. The record shall be filed in chronological order from date of issue or maintained electronically.
If an automated drug dispensing system or remote dispensing system is used to obtain drugs for dispensing from an emergency room, a separate dispensing record is not required, provided the automated record distinguishes dispensing from administration and records the identity of the physician who is dispensing.
Remote dispensing systems that dispense patient-specific drugs into an envelope shall satisfy compliance with 18VAC110-20-340 if the medication is assigned an expiration date of no more than 48 hours from the date of the packaging in an envelope.
Remote dispensing systems that dispense multiple medications into a single container for a specific patient shall include a medication description as set forth in 18VAC110-20-340 B on the label, medication envelope, or the medication run report.
Pharmacist verification of a patient-specific dispensed drug as required in 18VAC110-20-270 from a remote dispensing system is waived if a pharmacist verified the drug placed in the bulk bin that is placed in the device and the device incorporates sufficient technology to ensure accuracy of the dispensed drug.

F. Discrepancy reports. A discrepancy report for all Schedules II through V drugs and any drugs of concern, as defined in § 54.1-3456.1 of the Code of Virginia, shall be generated for each discrepancy in the count of a drug on hand in the device. Each such report shall be initiated or resolved by the PIC or the PIC's designee within 72 hours of the time the discrepancy was discovered or, if determined to be a theft or an unusual loss of drugs, shall be immediately reported to the board in accordance with § 54.1-3404 E of the Drug Control Act.

G. Reviews and audits.

The PIC or the PIC's designee shall conduct at least a monthly review for compliance with written policy and procedures that are consistent with § 54.1-3434.02 A of the Drug Control Act for security and use of the automated drug dispensing system and remote dispensing system, to include procedures for timely termination of access codes when applicable, accuracy of distribution and dispensing from the device, and proper recordkeeping.
The PIC or the PIC's designee shall conduct at least a monthly audit to review distribution and dispensing of Schedules II through V drugs from each automated drug dispensing system and remote dispensing system as follows:

a. The audit shall reconcile records of all quantities of Schedules II through V drugs dispensed from the pharmacy with records of all quantities loaded into each device to detect whether any drug recorded as removed from the pharmacy was diverted rather than placed in the proper device.

b. If a pharmacy has an ongoing method for perpetually monitoring drugs in Schedules II through V to ensure drugs dispensed from the pharmacy have been loaded into the device and not diverted, such as with the use of perpetual inventory management software, then the audit required in this subsection may be limited to the discrepancies or exceptions as identified by the method for perpetually monitoring the drugs.

The PIC or the PIC's designee shall conduct at least a monthly audit to review the dispensing and administration records of Schedules II through V drugs from each automated drug dispensing system and remote dispensing system as follows:

a. The audit shall include a review of administration and dispensing records, if applicable, for each device per month for possible diversion by fraudulent charting. The review shall include all Schedules II through V drugs administered and dispensed for a time period of not less than 24 consecutive hours during the audit period.

b. The hard-copy distribution, dispensing, and administration records printed out and reviewed in the audit shall be initialed and dated by the person conducting the audit. If nonpharmacist personnel conduct the audit, a pharmacist shall review the record and shall initial and date the record.

c. The PIC or the PIC's designee shall be exempt from requirements of this audit if reconciliation software that provides a statistical analysis is used to generate reports at least monthly. The statistical analysis shall be based on:

(1) Peer-to-peer comparisons of use for that unit or department; and

(2) Monitoring of overrides and unresolved discrepancies.

d. The report shall be used to identify suspicious activity, which includes usage beyond three standard deviations in peer-to-peer comparisons. A focused audit of the suspicious activity and individuals associated with the activity shall be performed whenever suspicious activity is identified from the reports.

The PIC or the PIC's designee shall maintain a record of compliance with the reviews and audits in accordance with subsection I of this section.

H. Inspections. Automated drug dispensing systems and remote dispensing systems shall be inspected monthly by pharmacy personnel to verify proper storage, proper location of drugs within the device, expiration dates, the security of drugs, and validity of access codes. The PIC or the PIC's designee shall maintain documentation of the inspection in accordance with subsection I of this section. With the exception of a monthly physical review of look-alike and sound-alike drugs stored within matrix drawers or open access areas within the device, such monthly inspection shall not require physical inspection of the device if the device is capable of and performs the following:

At least daily monitoring of refrigerator or freezer storage with documented temperature ranges, variances, and resolutions;
Automatic identification and isolation of the location of each drug within the device using a machine readable product identifier, such as barcode technology, and generation of a report verifying the applicable settings;
Electronic tracking of drug expiration dates and generation of proactive reports allowing for the replacement of drugs prior to their expiration date; and
Electronic detection of the opening of the device, identification of the person accessing the device, automatic denial of access to the device during malfunctions and mechanical errors, and generation of reports of any malfunction and mechanical error.

I. Records.

All records required by this section shall be maintained for a period of not less than two years. Records required to be maintained by the pharmacy shall be maintained at the address of the pharmacy providing services to the hospital or facility. Records required to be maintained by the warehouser or wholesale distributor shall be maintained at the address of the applicable facility. Manual Schedule VI distribution records, reports auditing for indications of suspicious activity, focused audits, and records required to be maintained by the warehouser or wholesale distributor distributing Schedule VI drugs to specific automated dispensing devices may be maintained in offsite storage or electronically as an electronic image that provides an exact image of the document that is clearly legible, provided such offsite or electronic records are retrievable and made available for inspection or audit within 48 hours of a request by the board or an authorized agent.
Distribution and delivery records and required initials may be generated or maintained electronically, provided:

a. The system being used has the capability of recording an electronic signature that is a unique identifier and restricted to the individual required to initial or sign the record.

b. The records are maintained in a read-only format that cannot be altered after the information is recorded.

c. The system being used is capable of producing a hard-copy printout of the records upon request.

Schedules II through V distribution and delivery records may also be stored off site or electronically in compliance with requirements of subdivision 1 of this subsection and if authorized by DEA or in federal law or regulation.
Hard-copy distribution, dispensing, and administration records that are printed and reviewed in conducting required audits may be maintained at an offsite location or electronically, provided they can be readily retrieved upon request, are maintained in a read-only format that does not allow alteration of the records, and a separate log is maintained for a period of two years showing dates of audit and review, the identity of the automated drug dispensing system or remote dispensing system being audited, the time period covered by the audit and review, and the initials of all reviewers.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 10.7, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 14, Issue 8, eff. February 4, 1998; Volume 15, Issue 21, eff. August 4, 1999; Volume 20, Issue 23, eff. August 25, 2004; Volume 25, Issue 24, eff. September 2, 2009; Volume 27, Issue 11, eff. March 17, 2011; Volume 30, Issue 10, eff. February 12, 2014; Volume 36, Issue 6, eff. December 11, 2019; Volume 41, Issue 25, eff. August 27, 2025; Volume 42, Issue 22, eff. July 15, 2026.

18VAC110-20-500 (Repealed.)

History

Historical Notes: Derived from VR530-01-1 § 10.8, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 15, Issue 8, eff. February 3, 1999; Volume 20, Issue 23, eff. August 25, 2004; Volume 25, Issue 24, eff. September 2, 2009; Volume 29, Issue 26, eff. September 25, 2013; Volume 31, Issue 20, eff. July 16, 2015; Volume 39, Issue 6, eff. December 7, 2022; repealed, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

18VAC110-20-505 Use of radio-frequency identification

A. A hospital pharmacy may use radio-frequency identification (RFID) to verify the accuracy of drugs placed into a kit for emergency medical services pursuant to 18VAC110-20-591 or other kits used as floor stock throughout the hospital under the following conditions:

A pharmacist shall be responsible for performing and verifying the accuracy of the following tasks:

a. The addition, modification, or deletion of drug information into the RFID database for assignment of an RFID tag to an individual drug; and

b. The development of the contents of the kit in the RFID database and the associated drug-specific RFID tags.

A pharmacy technician may place the RFID tag on the drugs, and a pharmacist shall verify that all drugs have been accurately tagged prior to storing the drugs in the pharmacy's inventory.
A pharmacy technician may remove RFID-tagged drugs from the pharmacy's inventory whose RFID tags have been previously verified for accuracy by a pharmacist and place the drugs into the kit's container. A pharmacy technician may then place the container into the pharmacy's device that reads the RFID tags to verify if the correct drugs have been placed into the container as compared to the list of the kit's contents in the RFID database.
A pharmacist shall perform a daily random check for verification of the accuracy of 5.0% of all kits prepared that day utilizing the RFID technology. A manual or electronic record from which information can be readily retrieved, shall be maintained that includes:

a. The date of verification;

b. A description of all discrepancies identified, if any; and

c. The initials of pharmacist, verifying the accuracy of the process.

Pharmacies engaged in RFID tagging of drugs shall be exempt from the requirements in 18VAC110-20-355 A, 18VAC110-20-460 A, and 18VAC110-20-490 C.
All records required by this subsection shall be maintained for a period of one year from the date of verification by the pharmacist.

B. A registered EMS agency headquarters, regional EMS council, or designated location of the EMS agency or regional EMS council may use RFID to verify the accuracy of drugs placed into a kit for emergency medical services under the following conditions:

An EMS supervising practitioner or responsible party shall be responsible for performing and verifying the accuracy of the following tasks:

a. The addition, modification, or deletion of drug information into the RFID database for assignment of an RFID tag to an individual drug; and

b. The development of the contents of the kit in the RFID database and the associated drug-specific RFID tags.

A person authorized to administer drugs or a pharmacy technician may place the RFID tag on the drugs, and the EMS responsible party or designee authorized to administer drugs shall verify that all drugs have been accurately tagged prior to storing the drugs in the inventory.
A person authorized to administer drugs or a pharmacy technician may remove RFID-tagged drugs from the EMS inventory whose RFID tags have been previously verified for accuracy by the EMS responsible party or designee authorized to administer drugs and place the drugs into the kit's container. A person authorized to administer drugs may then place the container into the device that reads the RFID tags to verify if the correct drugs have been placed into the container as compared to the list of the kit's contents in the RFID database.
An EMS responsible party or designee authorized to administer drugs shall perform a weekly random check for verification of the accuracy of 5.0% of all kits prepared that week utilizing RFID technology. A manual or electronic record from which information can be readily retrieved shall be maintained that includes:

a. The date of verification;

b. A description of all discrepancies identified, if any; and

c. The initials of the EMS responsible party or designee authorized to administer drugs verifying the accuracy of the process.

All records required by this subsection shall be maintained for a period of one year from the date of verification by the EMS responsible party or designee authorized to administer drugs.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 39, Issue 6, eff. December 7, 2022; amended, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

18VAC110-20-510 Identification for medical intern or resident prescription form in hospitals

The prescription form for the prescribing of drugs for use by medical interns or residents who prescribe only in a hospital shall bear the prescriber's signature, the legibly printed name, address, and telephone number of the prescriber and an identification number assigned by the hospital. The identification number shall be the Drug Enforcement Administration number assigned to the hospital pharmacy plus a suffix assigned by the institution. The assigned number shall be valid only within the course of duties as part of the residency program.

History

Statutory Authority: §§ 54.1-103 and 54.1-2400 and Chapters 33 (§ 54.1-3300 et seq.) and 34 (§ 54.1-3400 et seq.) of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 10.9, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 20, Issue 23, eff. August 25, 2004.

18VAC110-20-515 Remote prescription order processing for hospitals and long-term care facilities

A. Remote processing of a prescription does not include the dispensing of a drug, but does include any of the following activities related to the dispensing process:

Receiving, interpreting, analyzing, or clarifying prescriptions;
Entering prescription and patient data into a data processing system;
Transferring prescription information;
Performing a prospective drug review to include an evaluation of a prescription order and patient records for over- or under-utilization of medication, therapeutic duplication of medication, drug disease contraindications, drug interactions, incorrect drug dosage or duration of drug treatment, or clinical abuse or misuse of medication;
Obtaining substitution authorizations, or otherwise communicating with the prescriber concerning a patient's order;
Interpreting or acting on clinical data;
Performing therapeutic interventions;
Providing drug information to the medical or nursing staff of the hospital or long-term care facility; or
Authorizing the administration of the drug to the patient by appropriate hospital or long-term care facility staff.

B. The primary pharmacy providing pharmacy services to a hospital or long-term care facility may outsource certain order processing functions as described in subsection A of this section to another pharmacy in Virginia or a registered nonresident pharmacy under the following conditions:

The pharmacies shall either have the same owner or have a written contract describing the scope of services to be provided and the responsibilities and accountabilities of each pharmacy in compliance with all federal and state laws and regulations related to the practice of pharmacy;
Any central or remote pharmacy shall comply with Virginia law and regulation with respect to requirements for supervision of pharmacy technicians and the duties that are restricted to pharmacists and pharmacy technicians. Pharmacy technicians at the remote pharmacy shall either be registered in Virginia or possess credentials substantially equivalent to those required for a technician registered in Virginia;
Any pharmacist participating in remote prescription order processing shall be a Virginia licensed pharmacist; and
The pharmacies shall share a common electronic file or have technology that allows sufficient information necessary to process a prescription order.

C. A policy and procedure manual that relates to remote processing shall be maintained at each pharmacy involved in the processing of a prescription and available for inspection. The manual shall at a minimum include the following:

The responsibilities of each pharmacy;
A list of the name, address, telephone numbers, and permit/registration numbers of all pharmacies involved in remote processing;
Procedures for protecting the confidentiality and integrity of patient information;
Procedures for ensuring that pharmacists performing prospective drug reviews have access to appropriate drug information resources;
Procedures for maintaining required records;
Procedures for complying with all applicable laws and regulations;
Procedures for objectively and systematically monitoring and evaluating the quality of the program to resolve problems and improve services; and
Procedures for annually reviewing the written policies and procedures for needed modifications and documenting such review.

D. A pharmacy involved in remote prescription order processing shall maintain a record that identifies each person who performed a processing function for every order.

The record shall be available by prescription order or by patient name.
The record may be maintained in a common electronic file if the record is maintained in such a manner that the data processing system can produce a printout that identifies every person who performed a task involved in processing a prescription order and the location where the task was processed.
The record shall be readily retrievable for at least the past two years through the primary dispensing pharmacy, and shall be available for inspection by the board.

E. Nothing in this section shall prohibit an individual employee licensed as a pharmacist in Virginia from accessing the employer pharmacy's database from a remote location for the purpose of performing certain prescription processing functions as described in subsection A of this section provided the pharmacy establishes controls to protect the privacy and security of confidential records.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 21, Issue 24, eff. September 7, 2005.

Part X Pharmacy Services to Long-Term Care Facilities

18VAC110-20-520 Drugs in long-term care facilities

Prescription drugs, as defined in the Drug Control Act, shall not be floor stocked by a long-term care facility, except those in the stat-drug box or emergency drug box or as provided for in 18VAC110-20-560 within this chapter.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 11.1, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 25, Issue 24, eff. September 2, 2009.

18VAC110-20-530 Pharmacy's responsibilities to long-term care facilities

A. The pharmacy serving a long-term care facility shall:

Receive a valid order prior to the dispensing of any drug.
Ensure that personnel administering the drugs are trained in using the dispensing system provided by the pharmacy.
Ensure that the drugs for each patient are kept and stored in the originally received containers and that the medication of one patient shall not be transferred to another patient.
Ensure that each cabinet, cart, or other area utilized for the storage of drugs is locked and accessible only to authorized personnel.
Ensure that the storage area for patients' drugs is well lighted, of sufficient size to permit storage without crowding, and is maintained at appropriate temperature.
Ensure that poison and drugs for "external use only" are kept in a cabinet and separate from other medications.
Provide for the disposition of discontinued drugs under the following conditions:

a. Discontinued drugs may be returned to the pharmacy for resale or transferred to another pharmacy for redispensing to the indigent if authorized by § 54.1-3411.1 of the Code of Virginia and 18VAC110-20-400, or disposed of by appropriate means in compliance with 18VAC110-20-210 and with any applicable local, state, and federal laws and regulations.

b. Drug destruction at the pharmacy shall be witnessed by the PIC and by another pharmacy employee. The pharmacy may transfer the drugs for destruction to an entity appropriately licensed to accept returns for destruction. Drug destruction at the facility shall be witnessed by the director of nursing or if there is no director, then by the facility administrator and by a pharmacist providing pharmacy services to the facility or by another employee authorized to administer medication.

c. A complete and accurate record of the drugs returned or destroyed or both shall be made. The original of the record of destruction shall be signed and dated by the persons witnessing the destruction and maintained at the long-term care facility for a period of two years. A copy of the destruction record shall be maintained at the provider pharmacy for a period of two years.

d. Long-term care facilities shall destroy discontinued or unused drugs or return them to the pharmacy within 30 days of the date the drug was discontinued.

Ensure that appropriate drug reference materials are available in the facility units.
Ensure that a monthly review of drug therapy by a pharmacist is conducted for each patient in long-term care facilities except those licensed under Title 63.2 of the Code of Virginia. Such review shall be used to determine any irregularities, which may include drug therapy, drug interactions, drug administration, or transcription errors. The pharmacist shall sign and date the notation of the review. All significant irregularities shall be brought to the attention of the attending practitioner or other party having authority to correct the potential problem.

B. A pharmacist employed by or contracted with a pharmacy providing services to a long-term care facility may share a copy of a Schedule VI prescription or order with a pharmacist at another pharmacy for the purpose of dispensing an immediate supply of drugs, not to exceed a seven-day supply, without transferring the prescription pursuant to 18VAC110-20-360

History

Statutory Authority: §§ 54.1-2400 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 11.2, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 12, Issue 21, eff. August 7, 1996; Volume 19, Issue 20, eff. July 16, 2003; Volume 20, Issue 23, eff. August 25, 2004; Volume 25, Issue 24, eff. September 2, 2009.

18VAC110-20-535 Repackaging of already dispensed prescriptions

The primary provider pharmacy for a long-term care facility may, but shall not be required to, repackage a resident's prescription drugs dispensed by another pharmacy into the unit-dose or compliance packaging system used by the long-term care facility to assist in maintaining a uniform or more accurate system of administration.

Such repackaging shall only be done at the provider pharmacy.
Unit dose repackaging shall comply with requirements of 18VAC110-20-420 and compliance packaging shall comply with 18VAC110-20-340 B.
Records shall be maintained of all such repackaging of previously dispensed medications to include date; repackaging pharmacist's initials (or those of the checking pharmacist); and the pharmacy name, address, and prescription number of the original dispensing.
Any portion of a resident's medication not placed into unit dose or compliance packaging may be returned to the resident or kept for subsequent repackaging at the provider pharmacy in the original labeled container. If kept at the pharmacy, the medication shall be stored within the prescription department but separate from any working stock of drugs used for dispensing by the pharmacy, and shall only be used for the patient to whom the medication was originally dispensed.

History

Statutory Authority: § 54.1-2400 and Chapters 33 (§ 54.1-3300 et seq.) and 34 (§ 54.1-3400 et seq.) of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 24, eff. September 2, 2009.

18VAC110-20-536 Prescription drugs sent outside the facility

A. The provider pharmacy shall assure that residents who leave a long-term care facility for short periods of time or are discharged and who are allowed to take dispensed prescription medications with them, do so only in appropriate packaging, properly labeled for outpatient use.

B. Pharmacies that provide medication to residents in compliance packaging that meets the requirements of 18VAC110-20-340 B, shall assure that if the facility separates and sends only the individual containers needed during the time the resident is away without the main package label, that the resident is also given a copy of the main package label or other appropriate documentation that contains the complete labeling information on the main package label.

History

Statutory Authority: § 54.1-2400 and Chapters 33 (§ 54.1-3300 et seq.) and 34 (§ 54.1-3400 et seq.) of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 24, eff. September 2, 2009.

18VAC110-20-540 Emergency drug kit

A. The pharmacist providing services may prepare an emergency kit for a long-term care facility in which access to the kit is restricted to a licensed nurse, pharmacist, or prescriber and only these licensed individuals may administer a drug taken from the kit and only under the following conditions:

The contents of the emergency kit shall be of such a nature that the absence of the drugs would threaten the survival of the patients.
The contents of the kit or an automated drug dispensing system, as provided in subsection B of this section, shall be determined by the provider pharmacist in consultation with the medical and nursing staff of the institutions and shall be limited to drugs for administration by injection or inhalation only, except that Nitroglycerin SL, diazepam rectal gel, and the intranasal spray formulation of naloxone may be included.
The kit is sealed in such a manner that it will preclude any possible loss of the drug.

a. The dispensing pharmacy must have a method of sealing such kits so that once the seal is broken, it cannot be reasonably resealed without the breach being detected.

b. If a seal is used, it shall have a unique numeric or alphanumeric identifier to preclude replication, resealing, or both. The pharmacy shall maintain a record of the seal identifiers when placed on a box or kit and maintain the record until such time as the seal is replaced.

c. In lieu of seals, a kit with a built-in mechanism preventing resealing or relocking once opened except by the provider pharmacy is also acceptable.

The kit shall have a form to be filled out upon opening the kit and removing contents to write the name of the person opening the kit, the date, time, and name and quantity of items removed. The opened kit is maintained under secure conditions and returned to the pharmacy within 72 hours for replenishing.
Any drug used from the kit shall be covered by a prescription, signed by the prescriber, when legally required, within 72 hours.

B. Drugs that would be stocked in an emergency kit, pursuant to this section, may be stocked in an automated drug dispensing system in a nursing home in accordance with 18VAC110-20-555.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 11.3, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 15, Issue 8, eff. February 3, 1999; Volume 20, Issue 23, eff. August 25, 2004; Volume 25, Issue 24, eff. September 2, 2009; amended, Virginia Register Volume 32, Issue 22, eff. August 11, 2016; Volume 35, Issue 3, eff. October 31, 2018.

18VAC110-20-550 Stat-drug box

A. An additional drug box called a stat-drug box may be prepared by a pharmacy to provide for initiating therapy prior to the receipt of ordered drugs from the pharmacy. Access to the stat-drug box is restricted to a licensed nurse, pharmacist, or prescriber and only these licensed individuals may administer a drug taken from the stat-drug box. Additionally, a valid prescription or lawful order of a prescriber must exist prior to the removal of any drug from the stat-drug box. A stat-drug box shall be subject to the following conditions:

The box is sealed in such a manner that will preclude the loss of drugs.

a. The dispensing pharmacy must have a method of sealing such boxes so that once the seal is broken, it cannot be reasonably resealed without the breach being detected.

b. If a seal is used, it shall have a unique numeric or alphanumeric identifier to preclude replication or resealing, or both. The pharmacy shall maintain a record of the seal identifiers when placed on a box and maintain the record until such time as the seal is replaced.

c. In lieu of seals, a box with a built-in mechanism preventing resealing or relocking once opened except by the provider pharmacy is also acceptable.

The box shall have a form to be filled out upon opening the box and removing contents to write the name of the person opening the box, the date, the time, and the name and quantity of items removed. When the stat-drug box has been opened, it is returned to the pharmacy.
There shall be a listing of the contents of the box maintained in the pharmacy and also attached to the box in the facility. This same listing shall become a part of the policy and procedure manual of the facility served by the pharmacy.
The drug listing on the box shall bear an expiration date for the box. The expiration date shall be the day on which the first drug in the box will expire.
The contents of the box shall be limited to those drugs in which a delay in initiating therapy may result in harm to the patient.

a. The listing of drugs contained in the stat-drug box shall be determined by the provider pharmacist in consultation with the medical and nursing staff of the long-term care facility.

b. The stat-drug box shall contain no more than 20 solid dosage units per schedule of Schedules II through V drugs except that one unit of liquid, not to exceed 30 ml, may be substituted for a solid dosage unit in each drug schedule. If the unit of a liquid that may contain more than one dose is removed from the stat-drug box pursuant to a patient order, the remainder shall be stored with that patient's other drugs, may be used for subsequent doses administered to that patient, and shall not be administered to any other patient.

B. Drugs that would be stocked in a stat-drug box, pursuant to this section, may be stocked in an automated drug dispensing system in a nursing home in accordance with 18VAC110-20-555, except that the quantity of drugs in Schedules II through V stocked in the system shall be determined by the provider pharmacist in consultation with the medical and nursing staff of the nursing home.

C. The pharmacy may provide more than one stat-drug box to a long-term care facility. Contents of the multiple boxes are not required to be uniform.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530‑01‑1 § 11.4, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 15, Issue 8, eff. February 3, 1999; Volume 20, Issue 23, eff. August 25, 2004; Volume 25, Issue 24, eff. September 2, 2009; Volume 26, Issue 6, eff. January 7, 2010; Volume 35, Issue 3 eff. October 31, 2018; Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-20-555 Use of automated dispensing devices and remote dispensing devices in nursing homes

Nursing homes licensed pursuant to Chapter 5 (§ 32.1-123 et seq.) of Title 32.1 of the Code of Virginia may use automated drug dispensing systems and remote dispensing systems, as defined in § 54.1-3401 of the Code of Virginia, upon meeting the following conditions:

Drugs placed in an automated drug dispensing system or remote dispensing system in a nursing home shall be under the control of the pharmacy providing services to the nursing home, the pharmacy shall have online communication with and control of the automated drug dispensing system, and access to any drug for a patient shall be controlled by the pharmacy.
A pharmacy that is not located within the nursing home it serves shall obtain a controlled substances registration issued in the name of the pharmacy at the address of the nursing home and a registration from the Drug Enforcement Administration, if required, prior to stocking drugs in Schedules II through VI, unless the automated drug dispensing system or remote dispensing system is exclusively stocked with drugs that would be kept in a stat-drug box pursuant to 18VAC110-20-550 or an emergency drug kit pursuant to 18VAC110-20-540 and are solely administered for stat or emergency administration.
Except as restricted in subdivision 4 c of this section, access to the automated drug dispensing system or remote dispensing system shall be restricted to a licensed nurse, pharmacist, prescriber, advanced registered medication aide, or a registered pharmacy technician pursuant to designation by the PIC or pharmacist on duty.
Removal of drugs from any automated drug dispensing system or remote dispensing system for administration to patients can only be made pursuant to a valid prescription or lawful order of a prescriber under the following conditions:

a. No drug may be administered to a patient from an automated drug dispensing system or remote dispensing system until a pharmacist has reviewed the prescription order and electronically authorized the access of that drug for that particular patient in accordance with the order, except as provided in subdivision 4 c of this section.

b. The PIC of the provider pharmacy shall ensure that a pharmacist who has online access to the system is available at all times to review a prescription order as needed and authorize administering pursuant to the order reviewed.

c. Drugs that would be stocked in an emergency drug kit pursuant to 18VAC110-20-540 or a stat drug box pursuant to 18VAC110-20-550 B may be accessed pursuant to a valid prescription or lawful order of a prescriber and prior to receiving electronic authorization from the pharmacist by a licensed nurse, pharmacist, or prescriber, provided that the absence of the emergency drug would threaten the survival of the patient or that a delay in administration of the stat drug could result in harm to the patient, and that only these licensed individuals may administer a drug accessed for this purpose.

d. Automated drug dispensing systems and remote dispensing systems shall be capable of producing a hard-copy record of distribution and dispensing, if applicable, that shall show patient name, drug name and strength, dose or quantity withdrawn, dose to be administered, if applicable, date and time of withdrawal from the device, and identity of person withdrawing the drug.

Drugs placed in automated drug dispensing systems shall be in the manufacturer's sealed original unit dose or unit-of-use packaging or in repackaged unit-dose containers in compliance with the requirements of 18VAC110-20-355 relating to repackaging, labeling, and records.
Drugs authorized pursuant to § 54.1-3404.02 of the Code of Virginia may be placed into and removed from automated drug dispensing systems or remote dispensing systems. Pharmacies servicing remote dispensing systems that package and label drugs for a specific patient may repackage drugs into bulk bins that are verified for accuracy by a pharmacist pursuant to 18VAC110-20-355. Drugs intended to be administered by the patient or a person not licensed to administer drugs must fully comply with the labeling requirements in §§ 54.1-3410 and 54.1-3463 of the Code of Virginia and board regulations. Directions for use may only be abbreviated when drugs are administered exclusively by persons licensed to administer drugs.
Prior to the removal of drugs from the pharmacy, a delivery record shall be generated for all drugs to be placed in an automated drug dispensing system and remote dispensing system, which shall include the date; drug name, dosage form, and strength; quantity; nursing home; a unique identifier for the specific device receiving drugs; and initials of the pharmacist checking the order of drugs to be removed from the pharmacy and the records of distribution for accuracy.
At the direction of the PIC, drugs may be loaded in the device by a pharmacist or a pharmacy technician adequately trained in the proper loading of the system.
At the time of loading, the delivery record for all Schedules II through VI drugs shall be signed by a nurse or other person authorized to administer drugs from that specific device, and the record returned to the pharmacy.
At the time of loading any Schedules II through V drug, the person loading will verify that the count of that drug in the automated drug dispensing system or remote dispensing system is correct. Any discrepancy noted shall be recorded on the delivery record and immediately reported to the PIC, who shall be responsible for reconciliation of the discrepancy or the proper reporting of a loss.
Remote dispensing systems that dispense patient-specific drugs into an envelope shall satisfy compliance with 18VAC110-20-340 if the medication is assigned an expiration date of no more than 48 hours from the date of the packaging in an envelope and is not self-administered.
Remote dispensing systems that dispense multiple medications into a single container for a specific patient shall include a medication description as set forth in 18VAC110-20-340 on the label, medication envelope, or the medication run report.
Pharmacist verification of a patient-specific dispensed drug as required in 18VAC110-20-270 from a remote dispensing system is waived if a pharmacist verified the drug placed in the bulk bin that is placed in the device and the device incorporates sufficient technology assistance to ensure accuracy of the dispensed drug.
The PIC of the provider pharmacy or the PIC's designee shall conduct at least a monthly audit to review distribution, administration, and dispensing, if applicable, of Schedules II through V drugs from each automated drug dispensing system and remote dispensing system as follows:

a. The audit shall reconcile records of all quantities of Schedules II through V drugs dispensed from the pharmacy with records of all quantities loaded into each device to detect whether any drugs recorded as removed from the pharmacy were diverted rather than being placed in the proper device.

b. A discrepancy report shall be generated for each discrepancy in the count of a drug on hand in the device. Each such report shall be resolved by the PIC or the PIC's designee within 72 hours of the time the discrepancy was discovered or, if determined to be a theft or an unusual loss of drugs, shall be immediately reported to the board in accordance with § 54.1-3404 E of the Drug Control Act.

c. The audit shall include a review of a sample of administration and dispensing records, if applicable, from each device per month for possible diversion by fraudulent charting. A sample shall include all Schedules II through V drugs administered and dispensed for a time period of not less than 24 consecutive hours during the audit period.

d. The audit shall include a check of medical records to ensure that a valid order exists for a random sample of doses recorded as administered or dispensed.

e. The audit shall also check for compliance with written procedures for security and use of the automated dispensing devices, accuracy of distribution from the device, and proper recordkeeping.

f. The hard copy distribution, dispensing, and administration records printed out and reviewed in the audit shall be initialed and dated by the person conducting the audit. If nonpharmacist personnel conduct the audit, a pharmacist shall review the record and shall initial and date the record.

Automated drug dispensing systems and remote dispensing systems shall be inspected monthly by pharmacy personnel to verify proper storage, proper location of drugs within the device, expiration dates, the security of drugs and validity of access codes.
Personnel allowed access to an automated drug dispensing system or remote dispensing system shall have a specific access code that records the identity of the person accessing the device.
The PIC of the pharmacy providing services to the nursing home shall establish, maintain, and ensure compliance with written policy and procedure for the accurate stocking and proper storage of drugs in the automated drug dispensing system and remote dispensing system, accountability for and security of all drugs maintained in the system, preventing unauthorized access to the system, tracking access to the system, complying with federal and state regulations related to the storage and dispensing of controlled substances, maintaining patient confidentiality, maintaining required records, and ensuring compliance with the requirements of this chapter. The manual shall be accessible at both the pharmacy and the nursing home.
All records required by this section shall be filed in chronological order from date of issue and maintained for a period of not less than two years. Records shall be maintained at the address of the pharmacy providing services to the nursing home, except:

a. Manual Schedule VI distribution records may be maintained in offsite storage or electronically as an electronic image that provides an exact image of the document that is clearly legible, provided such offsite or electronic storage is retrievable and made available for inspection or audit within 48 hours of a request by the board or an authorized agent.

b. Distribution and delivery records and required signatures may be generated or maintained electronically, provided:

(1) The system being used has the capability of recording an electronic signature that is a unique identifier and restricted to the individual required to initial or sign the record.

(2) The records are maintained in a read-only format that cannot be altered after the information is recorded.

(3) The system used is capable of producing a hard-copy printout of the records upon request.

c. Schedules II through V distribution and delivery records may only be stored offsite or electronically as described in subdivisions 18 a and 18 b of this section if authorized by DEA or in federal law or regulation.

d. Hard-copy distribution, administration, and dispensing records that are printed and reviewed in conducting required audits may be maintained offsite or electronically, provided that (i) they can be readily retrieved upon request; (ii) they are maintained in a read-only format that does not allow alteration of the records; and (iii) a separate log is maintained for a period of two years showing dates of audit and review, the identity of the automated drug dispensing system or remote dispensing system being audited, the time period covered by the audit and review, and the initials of all reviewers.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 8, eff. February 3, 1999; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 25, Issue 24, eff. September 2, 2009; Volume 35, Issue 3, eff. October 31, 2018; Volume 41, Issue 18, eff. May 21, 2025; Volume 42, Issue 13, eff. March 11, 2026; Volume 42, Issue 22, eff. July 15, 2026.

18VAC110-20-560 Floor stock

In addition to an emergency box or stat-drug box, a long-term care facility in which only (i) those persons licensed to administer drugs or (ii) advanced registered medication aides are administering drugs may maintain a stock of intravenous fluids, irrigation fluids, heparin flush kits, medicinal gases, sterile water and saline, and prescription devices. Such stock shall be limited to a listing to be determined by the provider pharmacist in consultation with the medical and nursing staff of the institution.

History

Statutory Authority: §§ 54.1-2400, 54.1-3307, and 54.1-3312 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 11.3, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 42, Issue 13, eff. March 11, 2026.

Part XI Other Institutions and Facilities

18VAC110-20-570 Drugs in infirmaries or first-aid rooms

A. Prescription drugs purchased by an institution, agency, or business within the Commonwealth, having been purchased in the name of a practitioner licensed by the Commonwealth of Virginia and who is employed by an institution, agency, or business which does not hold a pharmacy permit, shall be used only for administering to those persons at that institution, agency, or business.

B. All prescription drugs shall be maintained and secured in a suitable locked storage area, the key to which will be in the possession of the practitioner or nurse who is under the direction and supervision of the practitioner.

C. Such institution, agency, or business shall adopt a specific protocol for the administration of prescription drugs, listing the inventory of such drugs maintained, and authorizing the administering of such drugs in the absence of a practitioner in an emergency situation when the timely prior verbal or written order of a prescriber is not possible. Administering of such drugs shall be followed by written orders.

For the purpose of this chapter, "emergency" means a circumstance requiring administration of prescription drugs necessary to preserve life or to prevent significant or permanent injury or disability.
The protocol shall be maintained for inspection and documentation purposes.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 12.1, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 12, Issue 21, eff. August 7, 1996; Volume 15, Issue 8, eff. February 3, 1999; Volume 25, Issue 24, eff. September 2, 2009.

18VAC110-20-580 Animal shelters

An animal shelter, after having obtained the proper registrations pursuant to state and federal laws, may purchase, possess and administer controlled substances in accordance with provisions of § 54.1-3423 of the Code of Virginia provided that these procedures are followed:

Drugs ordered by a public or private animal shelter, as defined in § 3.2-6500 of the Code of Virginia, shall only be stored and administered at the address of the shelter.
A veterinarian shall provide general supervision for the facility and shall provide and certify training in accordance with guidelines set forth by the State Veterinarian to the persons responsible for administration of the drugs. Certification of training signed by the veterinarian providing the training shall be maintained at the facility for each person administering drugs and must be retained for not less than two years after the person ceases administering.
The person in charge of administration of drugs for the facility shall obtain the required permit and controlled substances registration from the board and shall be responsible for maintaining proper security and required records of all controlled substances obtained and administered.

a. If that person ceases employment with the facility or relinquishes his position, he shall immediately return the registration to the board and shall take a complete and accurate inventory of all drugs in stock.

b. An application for a new registration shall be filed with the required fee within 14 days on a form provided by the board. At that time, the new responsible person shall take a complete and accurate inventory of all drugs in stock.

Drugs shall be stored in a secure, locked place and only the person responsible for administering may have access to the drugs.
All invoices and order forms shall be maintained for a period of two years.
Complete and accurate records shall be maintained for two years on the administration of the drug. The record shall show the name and strength of the drug, date of administration, the species of the animal, the weight of animal, the amount of drug administered and the signature of the person administering the drug.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 12.2, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 15, Issue 8, eff. February 3, 1999; Volume 25, Issue 24, eff. September 2, 2009; Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-20-590 Drugs in correctional facilities

A. All prescription drugs at any correctional facility shall be subject to the following conditions:

Notwithstanding the allowances in subsections B, C, D, and E of this section, prescription drugs shall be obtained only on an individual prescription basis.
All prepared drugs shall be maintained in a suitable locked storage area with only the person responsible for administering the drugs having access.
Complete and accurate records shall be maintained of all drugs received, administered, and discontinued. The administration record shall show the:

a. Patient name;

b. Drug name and strength;

c. Number of dosage units received;

d. Prescriber's name; and

e. Date, time, and signature of the person administering the individual dose of drug.

All unused or discontinued drugs shall be sealed and the amount in the container at the time of the sealing shall be recorded on the drug administration record. Schedule VI drugs shall be returned to the provider pharmacy or to a secondary pharmacy along with the drug administration record, a copy of the drug administration record, or other form showing substantially the same information within 30 days of discontinuance.

a. The provider or secondary pharmacy shall conduct random audits of returned drug administration records for accountability.

b. The drug administration records shall be filed in chronological order by the provider or secondary pharmacy and maintained for a period of one year or, at the option of the facility, the records may be returned by the pharmacy to the facility.

c. Drugs may be returned to pharmacy stock in compliance with the provisions of 18VAC110-20-400.

d. Other drugs shall be disposed of or destroyed by the provider pharmacy in accordance with local, state, and federal regulations.

After performing the audit required by subdivision 4 a of this subsection and ensuring the proper maintenance of the administration records, drugs in Schedules II through V shall be destroyed at the site of the correctional facility using a method of destruction that renders the drug unrecoverable.

a. The destruction shall be performed by a nurse, pharmacist, or physician and witnessed by the nurse supervisor, a pharmacist, or a physician.

b. Destruction of drugs shall occur within 30 days of discontinuance.

c. A complete and accurate record of the drugs destroyed shall be made. The original of the record of destruction shall be signed and dated by the persons witnessing the destruction and maintained at the correctional facility for a period of two years. A copy of the destruction record shall be maintained at the provider pharmacy for a period of two years.

B. Emergency and stat-drug box. An emergency box and a stat-drug box may be prepared for a correctional facility served by the pharmacy pursuant to 18VAC110-20-540 and 18VAC110-20-550 provided that the facility employs one or more full-time physician, registered nurse, licensed practical nurse, or physician assistant.

C. A correctional facility may maintain a stock of intravenous fluids, irrigation fluids, sterile water, and sterile saline to be accessed only by those persons licensed to administer drugs and shall be administered only by such persons pursuant to a valid prescription or lawful order of a prescriber. Such stock shall be limited to a listing to be determined by the provider pharmacist in consultation with the medical and nursing staff of the institution.

D. Except for drugs in an emergency box, stat-drug box, or a stock of intravenous fluids, irrigation fluids, sterile water, sterile saline, and the drugs referenced in subsection E of this section, prescription drugs, including vaccines, may be floor-stocked only at a medical clinic or surgery center that is part of a correctional facility and that is staffed by one or more prescribers during the hours of operation, provided the clinic first obtains a controlled substances registration and complies with the requirements of 18VAC110-20-690 through 18VAC110-20-720.

E. A floor stock of long-acting injectable or extended-release prescription drugs for the treatment of mental illness or substance use disorder may be maintained and stored in an area accessible only to persons who are licensed to administer such prescription drugs, regardless of whether the prescriber is on site, provided the correctional facility first obtains a controlled substances registration and complies with the requirements of 18VAC110-20-690 through 18VAC110-20-720. A perpetual inventory and reconciliation shall be performed on an ongoing basis in accordance with § 54.1-3423 of the Code of Virginia. Inventory and reconciliation records shall be maintained for a period of not less than two years from the date of transaction.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 12.3, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 15, Issue 8, eff. February 3, 1999; Volume 20, Issue 23, eff. August 25, 2004; Volume 25, Issue 24, eff. September 2, 2009; Volume 31, Issue 20, eff. July 16, 2015; Volume 33, Issue 24, eff. September 7, 2017; Volume 42, Issue 24, eff. August 27, 2026.

18VAC110-20-591 Allowances for emergency medical services agencies to obtain drugs

A. This section contains specific provisions by which an EMS agency may obtain drugs for administration.

B. Unless prohibited by federal law, a pharmacy may prepare a kit for an EMS agency, provided:

The PIC of the pharmacy shall be responsible for all prescription drugs contained in this kit. Except as authorized in 18VAC110-20-505, a pharmacist shall (i) check each kit after filling and (ii) initial the filling record certifying the accuracy and integrity of the contents of the kit.
The kit containing drugs in Schedules II through V is sealed, secured, and stored in such a manner that will deter theft or loss of drugs and aid in detection of theft or loss. Kits containing only drugs in Schedule VI are not required to be sealed but must be secured in a manner to deter theft or loss.

a. The pharmacy shall have a method of sealing the kits such that once the seal is broken, it cannot be reasonably resealed without the breach being detected.

b. If a seal is used, it shall have a unique numeric or alphanumeric identifier to preclude replication or resealing. The pharmacy shall maintain a record of the seal identifiers when placed on a kit and maintain the record for a period of one year.

c. In lieu of a seal, a kit with a built-in mechanism preventing resealing or relocking once opened except by the provider pharmacy may be used.

A current copy of the signed standing protocol shall be maintained by the pharmacy participating in the kit exchange. The EMS provider shall make a record of all drugs administered to a patient.
When the drug kit has been opened, the kit shall be returned to the pharmacy and exchanged for an unopened kit. The record of the drugs administered shall accompany the opened kit when exchanged. An accurate record shall be maintained by the pharmacy on the exchange of the drug kit for a period of one year. A pharmacist, pharmacy technician, or nurse shall reconcile the Schedule II, III, IV, or V drugs in the kit at the time the opened kit is returned. A record of the reconciliation, to include any noted discrepancies, shall be maintained by the pharmacy for a period of two years from the time of exchange. The theft or any other unusual loss of any Schedule II, III, IV, or V controlled substance shall be reported in accordance with § 54.1-3404 of the Code of Virginia.
Accurate records of the following shall be maintained by the pharmacy on the exchange of the drug kit for a period of one year:

a. The record of filling and verifying the kit, to include the drug contents of the kit, the initials of the pharmacist verifying the contents, the date of verification, a record of an identifier if a seal is used, and the assigned expiration date for the kit, which shall be no later than the expiration date associated with the first drug scheduled to expire.

b. The record of the exchange of the kit, to include the date of exchange and the name of EMS agency and EMS provider receiving the kit.

Destruction of partially used Schedules II, III, IV, and V drugs shall be accomplished by two persons, one of whom shall be the EMS provider and the other shall be a pharmacist, nurse, prescriber, pharmacy technician, or a second EMS provider. Documentation shall be maintained in the pharmacy for a period of two years from the date of destruction.
The record of the drugs administered shall be maintained as a part of the pharmacy records pursuant to state and federal regulations for a period of not less than two years.
Intravenous and irrigation solutions provided by a pharmacy to an emergency medical services agency may be stored separately outside the kit.
Any drug showing evidence of damage or tampering shall be immediately removed from the kit and replaced.
In lieu of exchange by a hospital pharmacy, the PIC of the hospital pharmacy may authorize the exchange of the kit by the emergency department. Exchange of the kit in the emergency department shall only be performed by a pharmacist, nurse, prescriber, or pharmacy technician if the kit contents include Schedule II, III, IV, or V drugs.
Drug kits shall be secured on the EMS vehicle or other EMS vehicle at all times, unless the vehicle is incapable of maintaining appropriate drug storage temperature or is out of service. The EMS agency is not required to obtain a controlled substances registration pursuant to § 54.1-3423 D of the Code of Virginia to participate in a pharmacy kit exchange in accordance with this section unless the EMS agency needs to temporarily store a secured drug kit within the EMS building when a vehicle is incapable of maintaining appropriate drug storage temperature or is out of service and the EMS agency does not otherwise serve as a designated location of a current, active controlled substances registration. An alarm system consistent with requirements in 18VAC110-20-710 is not required under these conditions.

C. An EMS agency or regional EMS council that has been issued a controlled substances registration pursuant to 18VAC110-20-690 G and a registration from DEA in accordance with federal law may receive drugs in Schedules II through VI and deliver or transfer the drugs to any designated location of the registered EMS agency headquarters or regional EMS council. Delivery of the drugs shall not constitute wholesale distribution.

D. For sites that are not designated locations of the entity providing the drug, nothing shall preclude a hospital, EMS agency, or regional EMS council from transferring or distributing drugs in Schedule VI to another EMS agency, regional EMS council, or a designated location of either entity during a shortage of drugs or in an emergency.

E. A hospital, EMS agency, regional EMS council, and designated locations may deliver drugs in Schedules II through V to each other consistent with federal law in the event of shortages of such drugs, a public health emergency, or a mass casualty event. All entities transferring, delivering, and receiving drugs shall comply with recordkeeping requirements listed in 18VAC110-20-721.

F. In compliance with federal law, a hospital pharmacy may provide drugs to a hospital-owned EMS agency operating as an extension of the hospital pharmacy's DEA registration.

G. If an EMS agency that is not hospital owned has obtained a controlled substances registration and a DEA registration in accordance with federal law, a pharmacy may provide that EMS agency drugs for restocking an EMS vehicle or other EMS vehicle, provided all of the following criteria are met:

The registered or designated location of the agency operating the EMS vehicle or other EMS vehicle maintains the record of receipt of drugs in accordance with state and federal law.
The pharmacy maintains a record of the delivery to the EMS agency in accordance with state and federal law.
If the EMS vehicle or other EMS vehicle is primarily situated at a designated location of an EMS agency, the designated location notifies the registered location of the agency within 72 hours of the EMS vehicle or other EMS vehicle receiving drugs in Schedules II through V.
Pursuant to § 54.1-3434.02 of the Code of Virginia, the EMS provider may directly obtain Schedule VI drugs from an automated drug dispensing device.
If such drugs are obtained from a nurse, pharmacist, or prescriber, it shall be in accordance with the procedures established by the pharmacist-in-charge, which shall include a requirement to record the date of exchange, name of licensed person providing the drug, name of the EMS agency and provider receiving the drug, and assigned expiration date. Such record shall be maintained by the pharmacy for one year from the date of exchange.
If an EMS agency is performing a one-to-one exchange of Schedule VI drugs, such Schedule VI drugs shall remain in a separate container.

H. Schedule VI drugs stored on an EMS vehicle or other EMS vehicle are not required to be stored in a sealed kit, but must be stored in a manner to deter theft or loss. Drugs in Schedules II through V stored on a ground EMS vehicle, other EMS vehicle, or EMS vehicle that is a licensed fixed-wing aircraft shall be stored in a sealed, secured kit or device within a locked cabinet that is accessible from the patient compartment of the vehicle. Drugs in Schedules II through V stored on an EMS vehicle that is a licensed rotary aircraft shall be stored in a sealed, secured kit or device to deter theft or loss.

The method of sealing the kits shall ensure that once the seal is broken, it cannot be reasonably resealed without the breach being detected.
If a seal is used, it shall have a unique numeric or alphanumeric identifier to preclude replication or resealing. The EMS registered agency headquarters, regional EMS council, or designated location sealing and resealing the kit shall maintain a record of the seal identifiers when placed on a kit and maintain the record for a period of one year.
In lieu of a seal, a kit with a built-in mechanism preventing resealing or relocking once opened except by EMS personnel may be used.

I. Registered EMS agency headquarters, regional EMS councils, and designated locations of the registered EMS agency headquarters or regional EMS councils shall implement a process to review expiration dates no less often than every three months to ensure drugs are not administered beyond the expiration date.

J. Registered EMS agency headquarters, regional EMS councils, and designated locations of the registered EMS agency headquarters or regional EMS councils shall perform drug inventories and report drug theft or unusual loss to the board in accordance with § 54.1-3404 of the Code of Virginia.

K. Registered EMS agency headquarters and regional EMS councils shall audit the security of the drug storage location and perform a random audit of Schedules II through V drugs and required recordkeeping for accuracy at least every six months at each designated location under the controlled substances registration. Documentation verifying the completion of the audit for each designated location shall be maintained at the registered EMS agency headquarters or regional EMS council for two years from the date performed.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

Part XII Exempted Stimulant or Depressant Drugs and Chemical Preparations

18VAC110-20-600 Excluded substances

The list of excluded substances, which may be lawfully sold over the counter without a prescription under the federal Food, Drug and Cosmetic Control Act (21 USC § 301), as set forth in 21 CFR 1308.22, is adopted pursuant to the authority set forth in §§ 54.1-3443, 54.1-3450 and 54.1-3452 of the Drug Control Act.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 13.1, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995.

18VAC110-20-610 Exempted chemical preparations

The list of exempt chemical preparations pursuant to 21 CFR 1308.24 and maintained by the administrator of DEA is adopted pursuant to the authority set forth in §§ 54.1-3443, 54.1-3450 and 54.1-3452 of the Drug Control Act.

History

Statutory Authority: § 54.1-2400 and Chapters 33 (§ 54.1-3300 et seq.) and 34 (§ 54.1-3400 et seq.) of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 13.2, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 25, Issue 24, eff. September 2, 2009.

18VAC110-20-620 Exempted prescription products

The list of exempt prescription products pursuant to 21 CFR 1308.32 and maintained by the administrator of DEA is adopted pursuant to the authority set forth in §§ 54.1-3443, 54.1-3450 and 54.1-3452 of the Drug Control Act; the exempted prescription products are drugs which are subject to the provisions of § 54.1-3455 of the Drug Control Act.

History

Statutory Authority: § 54.1-2400 and Chapters 33 (§ 54.1-3300 et seq.) and 34 (§ 54.1-3400 et seq.) of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 13.3, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 15, Issue 8, eff. February 3, 1999; Volume 25, Issue 24, eff. September 2, 2009.

18VAC110-20-621 Exempted anabolic steroid products

The list of exempt anabolic steroid products pursuant to 21 CFR 1308.34 and maintained by the administrator of DEA is adopted pursuant to the authority set forth in §§ 54.1-3443, 54.1-3450 and 54.1-3452 of the Drug Control Act; the exempted anabolic steroid products are drugs which are subject to the provisions of § 54.1-3455 of the Drug Control Act.

History

Statutory Authority: § 54.1-2400 and Chapters 33 (§ 54.1-3300 et seq.) and 34 (§ 54.1-3400 et seq.) of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 8, eff. February 3, 1999; amended, Virginia Register Volume 25, Issue 24, eff. September 2, 2009.

18VAC110-20-622 Excluded veterinary anabolic steroid implant products

The list of excluded veterinary anabolic steroid implant products pursuant to 21 CFR 1308.26 and maintained by the administrator of DEA is adopted only for legitimate veterinary use pursuant to the authority set forth in §§ 54.1-3443, 54.1-3450 and 54.1-3452 of the Drug Control Act; the exempted anabolic steroid products are drugs which are subject to the provisions of § 54.1-3455 of the Drug Control Act when used for implant to cattle or other nonhuman species. These products are not excluded from Schedule III if prescribed, administered, dispensed, or otherwise distributed for human use.

History

Statutory Authority: § 54.1-2400 and Chapters 33 (§ 54.1-3300 et seq.) and 34 (§ 54.1-3400 et seq.) of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 8, eff. February 3, 1999; amended, Virginia Register Volume 25, Issue 24, eff. September 2, 2009.

Part XIII Medical Equipment Suppliers

18VAC110-20-630 Issuance of a permit as a medical equipment supplier

A. Any person or entity desiring to obtain a permit as a medical equipment supplier shall file an application with the board on a form approved by the board. An application shall be filed for a new permit or for acquisition of an existing medical equipment supplier. The application shall designate the hours of operation the location will be open to service the public and shall be signed by a person who works at the location address on the application and will act as a responsible party for that location.

B. Any change in the hours of operation expected to last for more than one week shall be reported to the board in writing and a notice posted, at least 14 days prior to the anticipated change, in a conspicuous place to the public.

Such notification of a change in hours of operation is not required when the change is necessitated by emergency circumstances beyond the control of the owner or responsible party or when the change will result in an expansion of the current hours of operation.
If the medical equipment supplier is unable to post the change in hours 14 days in advance, the responsible party or owner shall ensure the board is notified as soon as he knows of the change and disclose the emergency circumstances preventing the required notification.

C. Within 14 days of a change in the responsible party assigned to the permit, the outgoing responsible party shall inform the board, and a new application shall be submitted indicating the name of the new responsible party.

D. A permit holder proposing to change the location of an existing license or permit or make structural changes to an existing location shall file an application for approval of the changes following an inspection conducted by an authorized agent of the board.

E. A permit shall not be issued to any medical equipment supplier to operate from a private dwelling or residence or to operate without meeting the applicable facility requirements for proper storage and distribution of drugs or devices. Before any license or permit is issued, the applicant shall demonstrate compliance with all federal, state and local laws and ordinances.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 14.1, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 22, Issue 24, eff. September 6, 2006; Volume 36, Issue 6, eff. December 11, 2019; Errata, 36:9 VA.R. 1197 December 23, 2019.

18VAC110-20-640 (Repealed.)

Historical Notes

Derived from VR530-01-1 § 14.2, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 15, Issue 8, eff. February 3, 1999; repealed, Virginia Register Volume 22, Issue 24, eff. September 6, 2006.

18VAC110-20-650 (Repealed.)

Historical Notes

Derived from VR530-01-1 § 14.3, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; repealed, Virginia Register Volume 15, Issue 8, eff. February 3, 1999.

18VAC110-20-660 (Repealed.)

Historical Notes

Derived from VR530-01-1 §§ 14.4, 14.5, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; repealed, Virginia Register Volume 22, Issue 24, eff. September 6, 2006.

18VAC110-20-680 Medical equipment suppliers

A. A medical equipment supplier's location shall be inspected by the board prior to engaging in business. The location shall be clean and sanitary and shall have a system of temperature control to provide for specified storage conditions for any Schedule VI drug or device.

B. Hypodermic needles and syringes and Schedule VI drugs shall not be placed on open display or in an open area where patrons will have access to such items. No Schedule VI devices shall be placed in an area where responsible parties cannot exercise reasonable supervision and control.

C. A medical equipment supplier shall receive a valid order from a practitioner prior to dispensing and shall maintain this order on file on the premises for a period of two years from date of last dispensing. The original order may be kept at a centralized office as long as it is readily retrievable within 48 hours and a copy of the order is kept on the premises of the dispensing supplier. In lieu of a hard copy, an electronic image of an order may be maintained in an electronic database provided it preserves and provides an exact image of the order that is clearly legible and made available within 48 hours of a request by a person authorized by law to have access to prescription information.

D. Medical equipment suppliers shall make a record at the time of dispensing. This record shall be maintained on the premises for two years from date of dispensing and shall include:

Name and address of patient;
Item dispensed and quantity, if applicable; and
Date of dispensing.

E. A valid order authorizing the dispensing of drugs or devices may be transferred from one medical equipment supplier to another medical equipment supplier provided the order can be filled or refilled. The transfer shall be communicated either orally by direct communication between an individual at the transferring medical equipment supplier and the receiving medical equipment supplier, by facsimile machine, or by electronic transmission.

The transferring medical equipment supplier shall:

a. Record the word "VOID" on the face of the invalidated order;

b. Record on the reverse side of the invalidated order the name and address of the medical equipment supplier to which it was transferred, the date of the transfer, and for an oral transfer, the name of the individual receiving the prescription information and the name of the individual transferring the information.

The receiving medical equipment supplier shall:

a. Write the word "TRANSFER" on the face of the transferred prescription;

b. Provide all information required to be on a valid order to include:

(1) Date of issuance of original order;

(2) Original number of refills authorized on the original order;

(3) Date of original dispensing if applicable;

(4) Number of valid refills remaining and date of last dispensing;

(5) Medical equipment supplier name and address from which the order information was transferred; and

(6) Name of transferring individual if transferred orally.

Both the original and transferred order shall be maintained for a period of two years from the date of last refill. In lieu of recording the required information on the hard copy of a valid order, a medical equipment supplier may record all required information in an automated data processing system used for the storage and retrieval of dispensing information.

F. A nonresident medical equipment supplier shall register and practice in accordance with § 54.1-3435.3:1 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-1 § 14.6, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 15, Issue 8, eff. February 3, 1999; Volume 20, Issue 23, eff. August 25, 2004; Volume 25, Issue 24, eff. September 2, 2009; Volume 33, Issue 4, eff. November 16, 2016; Volume 36, Issue 6, eff. December 11, 2019.

Part XVI Controlled Substances Registration for Other Persons or Entities

18VAC110-20-685 Definitions for controlled substances registration

For purposes of this part, the following definitions shall apply:

"BHA" means a behavioral health authority facility licensed by the Department of Behavioral Health and Developmental Services that holds a controlled substances registration issued by the board.

"CSB" means a community services board facility licensed by the Department of Behavioral Health and Developmental Services that holds a controlled substances registration issued by the board.

"PACE" means a program of all-inclusive care for the elderly overseen by the Department of Medical Assistance Services in accordance with § 32.1-330.3 of the Code of Virginia.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 23, eff. August 15, 2012; amended, Virginia Register Volume 32, Issue 14, eff. April 21, 2016.

18VAC110-20-690 Persons or entities authorized or required to obtain a controlled substances registration

A. A person or entity that maintains or intends to maintain a supply of Schedules II through VI controlled substances, other than manufacturer samples, in accordance with provisions of the Drug Control Act (§ 54.1-3400 et seq. of the Code of Virginia) may apply for a controlled substances registration on forms approved by the board.

B. Persons or entities that may be registered by the board shall include hospitals without in-house pharmacies, nursing homes without in-house pharmacies that use automated drug dispensing systems, ambulatory surgery centers, outpatient clinics, alternate delivery sites, crisis stabilization units, persons authorized by the Department of Behavioral Health and Developmental Services to train individuals on the administration of naloxone and to dispense naloxone for opioid overdose reversal, emergency medical services agencies, and regional EMS councils, provided such persons or entities are otherwise authorized by law and hold required licenses or appropriate credentials to administer the drugs for which the registration is being sought.

C. In determining whether to register an applicant, the board shall consider factors listed in subsections A and D of § 54.1-3423 of the Code of Virginia and compliance with applicable requirements of this chapter.

The proposed location shall be inspected by an authorized agent of the board prior to issuance of a controlled substances registration.
Controlled substances registration applications that indicate a requested inspection date or requests that are received after the application is filed shall be honored provided a 14-day notice is allowed prior to the requested inspection date.
Requested inspection dates that do not allow a 14-day notice to the board may be adjusted by the board to provide 14 days for the scheduling of the inspection.
Any person wishing to change an approved location of the drug stock, make structural changes to an existing approved drug storage location, or make changes to a previously approved security system shall file an application with the board and be inspected.
Drugs shall not be stocked within the proposed drug storage location or moved to a new location until approval is granted by the board.

D. The application shall be signed by a person who will act as a responsible party for the controlled substances. The responsible party may be a prescriber, nurse, pharmacist, pharmacy technician for alternate delivery sites, a person authorized by the Department of Behavioral Health and Developmental Services to train individuals on the administration of naloxone and to dispense naloxone for opioid overdose reversal, or other person approved by the board who is authorized to administer the controlled substances.

E. The board may require a person or entity to obtain a controlled substances registration upon a determination that Schedules II through VI controlled substances have been obtained and are being used as common stock by multiple practitioners and that one or more of the following factors exist:

A federal, state, or local government agency has reported that the person or entity has made large purchases of controlled substances in comparison with other persons or entities in the same classification or category.
The person or entity has experienced a diversion, theft, or other unusual loss of controlled substances which requires reporting pursuant to § 54.1-3404 of the Drug Control Act.
The person or entity has failed to comply with recordkeeping requirements for controlled substances.
The person or entity or any other person with access to the common stock has violated any provision of federal, state, or local law or regulation relating to controlled substances.

F. The board may issue a controlled substance registration to an entity at which a patient is being treated by the use of instrumentation and diagnostic equipment through which images and medical records may be transmitted electronically for the purpose of establishing a bona fide practitioner-patient relationship and is being prescribed Schedules II through VI controlled substances when such prescribing is in compliance with federal requirements for the practice of telemedicine and the patient is not in the physical presence of a practitioner registered with the U.S. Drug Enforcement Administration provided:

There is a documented need for such registration, and issuance of the registration of the entity is consistent with the public interest;
The entity is under the general supervision of a licensed pharmacist or a practitioner of medicine, osteopathy, podiatry, dentistry, or veterinary medicine; and
The application is signed by a person who will act as the responsible party for the entity for the purpose of compliance with provisions of this subsection. The responsible party shall be a prescriber, nurse, pharmacist, or other person who is authorized by provisions of § 54.1-3408 of the Code of Virginia to administer controlled substances.

G. The board may issue a controlled substances registration to an EMS agency or regional EMS council to receive controlled substances in Schedules II through VI from a wholesale distributor, manufacturer, third-party logistics provider, warehouser, or pharmacy. The EMS agency or regional EMS council shall identify to the board any designated location to which the EMS agency or regional EMS council may deliver controlled substances. The EMS agency or regional EMS council shall also obtain a registration from DEA in accordance with federal law prior to delivery of Schedules II through V drugs. The EMS agency or regional EMS council shall identify on the controlled substances registration application the name and physical address of the designated locations and attest that each designated location of the EMS agency or regional EMS council complies with the storage and security requirements of 18VAC110-20-710. Any changes to the designated locations shall be submitted to the board in advance of delivering or ceasing to deliver controlled substances to that location and the designated locations must be approved sites under federal law.

H. An EMS agency receiving only Schedule VI drugs from a wholesale distributor, manufacturer, third-party logistics provider, warehouser, or pharmacy or temporarily storing a secured drug kit within the EMS building when the vehicle is incapable of maintaining appropriate drug storage temperature or is out of service shall obtain a controlled substance registration or operate as a designated location of a registered EMS agency headquarters.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 26, eff. October 13, 1999; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 25, Issue 24, eff. September 2, 2009; Volume 26, Issue 22, eff. August 4, 2010; Volume 28, Issue 23, eff. August 15, 2012; Volume 35, Issue 9, eff. January 23, 2019; Volume 42, Issue 9, eff. January 14, 2026.

18VAC110-20-700 Requirements for supervision for controlled substances registrants

A. A practitioner licensed in Virginia shall provide supervision for all aspects of practice related to the maintenance and use of controlled substances as follows:

In a hospital or nursing home without an in-house pharmacy, a pharmacist shall supervise.
In an emergency medical services agency, the operational medical director shall supervise.
For any other type of applicant or registrant, a pharmacist or a prescriber whose scope of practice is consistent with the practice of the applicant or registrant and who is approved by the board may provide the required supervision.

B. The supervising practitioner shall approve the list of drugs that may be ordered by the holder of the controlled substances registration; possession of controlled substances by the entity shall be limited to such approved drugs. The list of drugs approved by the supervising practitioner shall be maintained at the address listed on the controlled substances registration.

C. Access to the controlled substances shall be limited to (i) the supervising practitioner or to those persons who are authorized by the supervising practitioner and who are authorized by law to administer drugs in Virginia; (ii) such other persons who have successfully completed a training program for repackaging of prescription drug orders in a CSB, BHA, or PACE site as authorized in § 54.1-3420.2 of the Code of Virginia; (iii) other such persons as designated by the supervising practitioner or the responsible party to have access in an emergency situation; or (iv) persons authorized by the Department of Behavioral Health and Developmental Services to train individuals on the administration of naloxone and to dispense naloxone for opioid overdose reversal. If approved by the supervising practitioner, pharmacy technicians may have access for the purpose of delivering controlled substances to the registrant, stocking controlled substances in automated drug dispensing systems or remote dispensing systems, conducting inventories, audits and other recordkeeping requirements, overseeing delivery of dispensed prescriptions at an alternate delivery site, and repackaging of prescription drug orders retained by a CSB, BHA, or PACE site as authorized in § 54.1-3420.2 of the Code of Virginia.

D. The supervising practitioner shall establish procedures for and provide training as necessary to ensure compliance with all requirements of law and regulation, including storage, security, and recordkeeping.

E. Within 14 days of a change in the responsible party or supervising practitioner assigned to the registration, either the responsible party or outgoing responsible party shall inform the board, and a new application shall be submitted indicating the name and license number, if applicable, of the new responsible party or supervising practitioner.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 26, eff. October 13, 1999; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 25, Issue 24, eff. September 2, 2009; Volume 28, Issue 23, eff. August 15, 2012; Volume 32, Issue 14, eff. April 21, 2016; Volume 35, Issue 9, eff. January 23, 2019; Volume 42, Issue 22, eff. July 15, 2026.

18VAC110-20-710 Requirements for storage and security for controlled substances registrants

A. Drugs shall be stored under conditions that meet USP-NF specifications or manufacturer's suggested storage for each drug.

B. Any drug that has exceeded the expiration date shall not be administered; it shall be separated from the stock used for administration and maintained in a separate, locked area until properly disposed.

C. If a controlled substances registrant wishes to dispose of unwanted or expired Schedules II through VI drugs, the controlled substances registrant shall transfer the drugs to another person or entity authorized to possess and to provide for proper disposal of such drugs.

D. Drugs shall be maintained in a lockable cabinet, cart, device, or other area that shall be locked at all times when not in use. The keys or access code shall be restricted to the supervising practitioner and persons designated access in accordance with 18VAC110-20-700 C.

E. A registered EMS agency headquarters or regional EMS council may store controlled substances in an automated dispensing device that is located at a secured site at the registered location or designated location of the EMS agency or regional EMS council that is (i) installed and operated by the EMS agency or regional EMS council, (ii) not used to directly dispense controlled substances to an ultimate user, and (iii) is in compliance with the requirements of state law.

F. In a facility not staffed 24 hours a day, the drugs shall be stored in a fixed and secured room, cabinet, or area that has a security device for the detection of breaking that meets the following conditions:

The device shall be a sound, microwave, photoelectric, ultrasonic, or any other generally accepted and suitable device.
The installation and device shall be based on accepted alarm industry standards.
The device shall be maintained in operating order, have an auxiliary source of power, be monitored in accordance with accepted industry standards, be maintained in operating order; and shall be capable of sending an alarm signal to the monitoring entity if breached and the communication line is not operational.
The device shall fully protect all areas where prescription drugs are stored and shall be capable of detecting breaking by any means when activated.
Access to the alarm system shall be restricted to only designated and necessary persons, and the system shall be activated whenever the drug storage areas are closed for business.
An alarm system is not required for researchers; animal control officers; humane societies; alternate delivery sites as provided in 18VAC110-20-275; registered EMS agencies or regional EMS councils, or designated locations of registered EMS agency headquarters or regional EMS councils stocking only Schedule VI drugs or temporarily securing a secured drug kit that may contain Schedules II through VI drugs when the EMS vehicle or other EMS vehicle cannot maintain appropriate drug storage temperature or is out of service; persons authorized by the Department of Behavioral Health and Developmental Services to train individuals on the administration of naloxone and to dispense naloxone for opioid overdose reversal; and teaching institutions possessing only Schedule VI drugs.

G. A registered EMS agency headquarters or regional EMS council may store controlled substances at any of the following secured locations:

A registered location of the EMS agency or regional EMS council;
A designated location of the EMS agency or regional EMS council of which the board has been notified and DEA has granted approval if stocking drugs in Schedules II through V;
In an EMS vehicle or other EMS vehicle situated at a registered location or designated location of the EMS agency or regional EMS council or other location where an EMS agency approves an EMS vehicle to be stored; or
In an EMS vehicle or other EMS vehicle used by the EMS agency that is traveling from or returning to a registered location or designated location of the EMS agency or EMS council or other location where an EMS agency approves an EMS vehicle to be stored in the course of responding to an emergency or otherwise actively in use by the EMS agency.

H. Drugs secured in an EMS agency, regional EMS council, EMS vehicle, or other EMS vehicle shall be stored at an appropriate temperature pursuant to manufacturer's directions at all times. If the EMS vehicle or other EMS vehicle cannot maintain appropriate temperature or is out of service, the drug kit may be temporarily maintained within the building of the EMS agency. The drug kit shall be stored in compliance with this section.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 26, eff. October 13, 1999; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 22, Issue 21, eff. September 10, 2006; Volume 25, Issue 24, eff. September 2, 2009; Volume 28, Issue 5, eff. December 22, 2011; Volume 29, Issue 25, eff. September 26, 2013; Volume 35, Issue 9, eff. January 23, 2019; Volume 42, Issue 9, eff. January 14, 2026.

18VAC110-20-720 Requirements for recordkeeping

The person named as the responsible party on the controlled substances registration shall be responsible for recordkeeping for Schedules II through VI drugs in accordance with provisions of § 54.1-3404 of the Code of Virginia to include the reporting of any drug theft or unusual loss and the following:

Inventories and administration records of Schedule II drugs shall be maintained separately from all other records and shall be kept in chronological order by date of administration.
Except as provided in subdivision 9 of this section, all records shall be maintained at the same location as listed on the controlled substances registration or, if maintained in an off-site database, retrieved and made available for inspection or audit within 48 hours of a request by the board or an authorized agent.
In the event that an inventory is taken as the result of a theft of drugs, the inventory shall be used as the opening inventory within the current biennial period. Such an inventory does not preclude the taking of the required inventory on the required biennial inventory date. All inventories required by § 54.1-3404 of the Code of Virginia shall be signed and dated by the person taking the inventory and shall indicate whether the inventory was taken prior to the opening or after the close of business on that date. An entity that is open 24 hours a day shall clearly document whether the receipt or distribution of drugs on the inventory date occurred before or after the inventory was taken.
Any computerized system used to maintain records shall also provide retrieval via computer monitor display or printout of the history for drugs administered during the past two years. It shall also have the capacity of producing a printout of any data that the registrant is responsible for maintaining under the Drug Control Act (§ 54.1-3400 et seq. of the Code of Virginia).
The Department of Forensic Science may exclude from any inventory quantities of controlled substances used to conduct chemical analyses and controlled substances received for analyses as evidentiary material as provided in § 54.1-3404 G of the Code of Virginia.
Documents that describe the conditions and extent of the responsible party's authorization to dispense controlled substances for each EMS provider employed by or practicing at an EMS agency holding a controlled substances registration. Such documents shall be maintained in a readily retrievable manner and be available for inspection and copying by authorized agents of the board. Examples of such documentation include protocols, practice guidelines, or practice agreements.
Records of all controlled substances that are received, administered, or otherwise disposed of, records of deliveries of controlled substances between all locations of an EMS agency or regional EMS council pursuant to the controlled substance registration, and record of the standing or verbal orders issued or adopted.
Documentation verifying the completion of audit for each designated location pursuant to 18VAC110-20-591 K.
Records required to be maintained by an EMS agency or regional EMS council shall be maintained, whether electronically or otherwise, pursuant to subdivision 2 of this section or at each registered location, designated location of the EMS agency, or regional EMS council where the controlled substances involved are received, administered, or otherwise disposed of for two years from the date of execution of the record.

History

Statutory Authority: Chapters 33 (§ 54.1-3300 et seq.) and 34 (§ 54.1-3400 et seq.) of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 26, eff. October 13, 1999; amended, Virginia Register Volume 20, Issue 18, eff. July 1, 2004; Volume 23, Issue 4, eff. November 29, 2006; Volume 42, Issue 9, eff. January 14, 2026.

18VAC110-20-721 Additional recordkeeping requirements for EMS agencies

A. Each EMS agency holding a controlled substances registration or serving as a designated location of an EMS agency or regional EMS council, including a hospital-owned EMS agency operating under a hospital registration, responsible for administering a drug must maintain written standing protocols signed by the operational medical director for the EMS agency that authorize the administration. Oral orders authorizing the administration shall be reduced to writing by the EMS provider and shall be signed by a medical practitioner and maintained by the EMS entity responsible for administering the drug.

B. A record for each dose of drug in Schedules II through VI administered and destruction of partially administered drug in the course of providing emergency medical services must also be maintained. Destruction of partially used Schedules II, III, IV, and V drugs shall be accomplished by two persons, one of whom shall be the EMS provider and the other shall be a pharmacist, nurse, prescriber, pharmacy technician, or a second EMS provider. Except as indicated in 18VAC110-20-591 for emergency drug kits provided by a pharmacy, documentation shall be maintained in the EMS agency or the designated location of an EMS agency or regional EMS council for a period of two years from the date of destruction.

C. The following records shall be maintained for each acquisition of a drug in Schedules II through VI from another registrant of the board or each distribution of a drug in Schedules II through VI to another registrant of the board:

For each acquisition of a drug from another registrant:

a. Name of the drug;

b. Finished form of the drug (e.g., 10-milligram tablet or 10-milligram concentration per fluid ounce or milliliter);

c. Number of units or volume of finished form in each commercial container (e.g., 100-tablet bottle or three-milliliter vial);

d. Number of commercial containers acquired;

e. Date of the acquisition;

f. Name, address, and registration number of the person from whom the substance was acquired; and

g. Name and title of the person acquiring the drug.

For each distribution of drug in Schedules II through VI to another registrant:

a. Name of the drug;

b. Finished form of the drug (e.g., 10-milligram tablet or 10-milligram concentration per fluid ounce or milliliter);

c. Number of units or volume of finished form in each commercial container (e.g., 100-tablet bottle or three-milliliter vial);

d. Number of commercial containers distributed;

e. Date of the distribution;

f. Name, address, and registration number of the person to whom the substance was distributed; and

g. Name and title of the person in receipt of the distributed drugs.

For each delivery of drug in Schedules II through VI between a designated location and a registered location:

a. Name of the drug;

b. Finished form of the drug (e.g., 10-milligram tablet or 10-milligram concentration per fluid ounce or milliliter);

c. Number of units or volume of finished form in each commercial container (e.g., 100-tablet bottle or three-milliliter vial);

d. Number of units or volume of finished form in each commercial container and number of commercial containers delivered (e.g., 100-tablet bottle or three-milliliter vial);

e. Date of the delivery;

f. Name and address of the designated location to which the substance was delivered; and

g. Name and title of the person in receipt of the controlled substances.

For destruction of a drug in Schedules II through VI, unless otherwise authorized under federal law, expired or unwanted drugs shall be transferred to another person or entity authorized to possess or provide for proper disposal of such drugs.

D. A designated location of an EMS agency that receives drugs in Schedules II through V must notify the EMS agency's registered location within 72 hours of receipt of the drugs in the following circumstances:

An EMS vehicle or other EMS vehicle primarily situated at a designated location of the EMS agency acquires drug from a hospital while restocking following a response; or
The designated location of the EMS agency receives drugs from another designated location of the same agency.

E. To the extent permitted by federal law, registered EMS agency headquarters, regional EMS councils, or designated locations of the EMS agency or regional EMS council in which the repackaging or prepackaging of over-the-counter drugs is performed shall maintain adequate control records for a period of one year or until the expiration of the drugs, whichever is greater.

The records shall show the name of the drugs used; strength, if any; date repackaged; quantity prepared; initials of the pharmacist, EMS responsible party, or designee authorized to administer drugs verifying the process; the assigned lot or control number; the manufacturer or distributor name and lot or control number; and an expiration date.
Any subsequently repackaged units shall show the name of the drug; strength, if any; the assigned lot or control number or the manufacturer or distributor name and lot or control number; and an appropriate expiration date determined by the pharmacist, EMS responsible party, or designee authorized to administer drugs in accordance with USP guidelines.
Repackaging of drugs shall be performed in compliance with USP-NF standards.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

18VAC110-20-725 Repackaging by a CSB, BHA, or PACE site

A. Definition. For purposes of this section, "repackaging" shall mean removing a drug from a container already dispensed and labeled by a pharmacy or medical practitioner authorized to dispense, for a particular client of a CSB, BHA, or PACE site, and placing it in a container designed for a person to be able to repackage his own dispensed prescription medications to assist with self-administration and compliance with dosage instructions. Such repackaging shall not include the preparation of a patient-specific label that includes drug name, strength, or directions for use or any other process restricted to a pharmacist or pharmacy technician under the direct supervision of a pharmacist.

B. Persons authorized to repackage. Repackaging shall be performed by a pharmacist, pharmacy technician, nurse, or such other person who has successfully completed a board-approved training program for repackaging of prescription drug orders as authorized in § 54.1-3420.2 of the Code of Virginia. A CSB, BHA, or PACE site using such other person shall maintain documentation of completion of an approved training program for at least one year from date of termination of employment or cessation of repackaging activities.

C. Requirements for repackaging.

The repackaging of a dispensed prescription drug order pursuant to § 54.1-3420.2 of the Code of Virginia shall only be done at a CSB, BHA, or PACE site.
The repackaging of dispensed prescription drugs shall be restricted to solid oral dosage forms and a maximum of a 14-day supply of drugs.
The drug container used for repackaging pursuant to this section shall bear a label containing the client's first and last name and name and 24-hour contact information for the CSB, BHA, or PACE site.
A clean, well-closed container that assists the client with self-administration shall be used when multiple doses of a repackaged drug are provided to the client at one time.
A prescription drug order shall not be repackaged beyond the assigned expiration date noted on the prescription label of the dispensed drug, if applicable, or beyond one year from the date the drug was originally dispensed by a pharmacy, whichever date is earlier.

D. Written information for client. At the time a repackaged drug is initially given to a client, and upon any subsequent change in the medication order, the client shall be provided written information about the name and strength of the drug and the directions for use. Such written information shall have been prepared by a pharmacy or by a nurse at the CSB, BHA, or PACE site.

E. Retention, storage, and destruction of repackaged drugs.

Any portion of a client's prescription drug order not placed into a container intended to assist with self-administration may be either given to the client or retained by the CSB, BHA, or PACE site for subsequent repackaging. If retained by the CSB, BHA, or PACE site, the remaining portion shall be stored within the board-approved drug storage location in the original labeled container and shall only be used for the client for whom the drug was originally dispensed.
Any portion of a prescription drug order remaining at the CSB, BHA, or PACE site that has exceeded any labeled expiration date or one year from the original pharmacy dispensing date on the label shall be separated from unexpired drugs, stored within a designated area of the board-approved drug storage location, and destroyed within 30 days of expiration with the written agreement of the client. Remaining portions of discontinued prescription drug orders retained by the CSB, BHA, or PACE site shall also be separated from active stock and either returned to the client or destroyed within 30 days of discontinuance with the written agreement of the client.

F. Recordkeeping.

A record of repackaging shall be made and maintained for one year from the date of repackaging and shall include the following:

a. Date of repackaging;

b. Name of client;

c. Prescription number of the originally dispensed prescription drug order;

d. Pharmacy name;

e. Drug name and strength;

f. Quantity of drug repackaged; and

g. Initials of the person performing the repackaging and verifying the accuracy of the repackaged drug container.

A record of destruction shall be made and maintained for one year for any prescription drug orders destroyed by the CSB, BHA, or PACE site and shall include the following:

a. Date of destruction;

b. Name of client;

c. Prescription number of the originally dispensed prescription drug order;

d. Drug name and strength;

e. Quantity of drug destroyed; and

f. Initials of the person performing the destruction.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 23, eff. August 15, 2012; amended, Virginia Register Volume 32, Issue 14, eff. April 21, 2016.

18VAC110-20-726 Criteria for approval of repackaging training programs

A. Application. Any person wishing to apply for approval of a repackaging training program shall submit the application fee prescribed in 18VAC110-20-20 and an application on a form approved by the board and shall meet the criteria established in this section. The application shall name a program director who is responsible for compliance with this section.

B. Curriculum. The curriculum for a repackaging training program shall include instruction in current laws and regulations applicable to a CSB, BHA, or PACE site for the purpose of assisting a client with self-administration pursuant to § 54.1-3420.2 of the Code of Virginia and in the following repackaging tasks:

Selection of an appropriate container;
Proper preparation of a container in accordance with instructions for administration;
Selection of the drug;
Counting of the drug;
Repackaging of the drug within the selected container;
Maintenance of records;
Proper storage of drugs;
Translation of medical abbreviations;
Review of administration records and prescriber's orders for the purpose of identifying any changes in dosage administration;
Reporting and recording the client's failure to take medication;
Identification, separation, and removal of expired or discontinued drugs; and
Prevention and reporting of repackaging errors.

C. Instructors and program director. Instructors for the program shall be either (i) a pharmacist with a current license in any jurisdiction and who is not currently suspended or revoked in any jurisdiction in the United States or (ii) a pharmacy technician with at least one year of experience performing technician tasks who holds a current registration in Virginia or current PTCB certification and who is not currently suspended or revoked in any jurisdiction in the United States. The program director shall maintain a list of instructors for the program.

D. Program requirements.

The length of the program shall be sufficient to prepare a program participant to competently perform repackaging consistent with § 54.1-3420.2 of the Code of Virginia and 18VAC110-20-725.
The program shall include a post-training assessment to demonstrate the knowledge and skills necessary for repackaging with safety and accuracy.
A program shall provide a certificate of completion to participants who successfully complete the program and provide verification of completion of the program for a participant upon request by a CSB, BHA, PACE site, or the board.
The program shall maintain records of training completion by persons authorized to repackage in accordance with § 54.1-3420.2 of the Code of Virginia. Records shall be retained for two years from date of completion of training or termination of the program.
The program shall report within 14 days any substantive change in the program to include a change in program name, program director, name of institution or business if applicable, address, program content, length of program, or location of records.

E. Expiration and renewal of program approval. A repackaging training program approval expires after two years, after which the program may apply for renewal. For continued approval, the program shall submit the renewal application, renewal fee, and a self-evaluation report on a form provided by the board at the time of renewal notification. Renewal of a program's approval is at the discretion of the board, and the decision to renew shall be based on documentation of continued compliance with the criteria set forth in this section.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 23, eff. August 15, 2012; amended, Virginia Register Volume 32, Issue 14, eff. April 21, 2016.

18VAC110-20-727 Pharmacists repackaging for clients of a CSB, BHA, or PACE

A. As an alternative to repackaging as defined in 18VAC110-20-725, a pharmacist at a CSB, BHA, or PACE site may repackage a client's prescription drugs that have been dispensed by another pharmacy into compliance packaging under the following conditions:

A prescription drug order shall not be repackaged beyond the assigned expiration date noted on the prescription label of the dispensed drug, if applicable, or beyond one year from the date the drug was originally dispensed by a pharmacy, whichever date is earlier.
The compliance packaging shall comply with the requirements of 18VAC110-20-340 B.
A record of repackaging shall be made and maintained for one year from the date of repackaging and shall include the following:

a. Date of repackaging;

b. Name of client;

c. Prescription number of the originally dispensed prescription drug order;

d. Pharmacy name;

e. Drug name and strength;

f. Quantity of drug repackaged; and

g. Initials of the person performing the repackaging and verifying the accuracy of the repackaged drug container.

Any portion of a prescription drug order remaining at the CSB, BHA, or PACE site that has exceeded any labeled expiration date or one year from the original pharmacy dispensing date on the label shall be separated from unexpired drugs, stored within a designated area of the board-approved drug storage location, and destroyed within 30 days of expiration with the written agreement of the client. Remaining portions of discontinued prescription drug orders retained by the CSB, BHA, or PACE site shall also be separated from active stock and either returned to the client or destroyed within 30 days of discontinuance with the written agreement of the client.

B. A primary provider pharmacy may also provide this service in compliance with the provisions of 18VAC110-20-535.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 23, eff. August 15, 2012; amended, Virginia Register Volume 31, Issue 19, eff. June 17, 2015; Volume 32, Issue 14, eff. April 21, 2016.

18VAC110-20-728 Drugs for immediate treatment in crisis stabilization units

A. In accordance with § 54.1-3423 of the Code of Virginia, a crisis stabilization unit shall apply for and obtain a controlled substances registration in order to maintain a stock of Schedules II through VI controlled substances for immediate treatment of patients in crisis. The responsible party listed on the application shall be a nurse who regularly administers controlled substances at the crisis stabilization unit and the supervising practitioner shall be either the medical director for the unit or a pharmacist from a provider pharmacy.

B. In consultation with a provider pharmacist, the medical director for the unit shall determine the list of controlled substances to be stocked at the crisis stabilization unit. The list shall be limited to those drugs routinely used for treatment of patients admitted for crisis stabilization. Only drugs on this drug list may be stocked.

C. A nurse administering a drug from this stock pursuant to an oral order of a prescriber in accordance with § 54.1-3423 of the Code of Virginia shall record such order in the patient's medical record.

D. Records.

A record shall be maintained of all drugs received as stock by the crisis stabilization unit.
A record shall be made documenting administration or other authorized disposition of stocked drugs that includes the following:

a. Name of patient;

b. Date and time of administration;

c. Drug name, strength, and quantity administered;

d. Name or initials of person administering; and

e. Prescriber name.

Records shall be maintained at the same location listed on the controlled substances registration or, if maintained in an offsite database, retrieved and made available for inspection or audit within 48 hours of a request by the board or an authorized agent. Any computerized system used to maintain records shall also provide retrieval via computer monitor display or printout of the history for drugs administered during the past two years. It shall also have the capacity of producing a printout of any data that the registrant is responsible for maintaining.
Manual records may be maintained as an electronic image that provides an exact image of the document and is clearly legible.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 28, Issue 23, eff. August 15, 2012; amended, Virginia Register Volume 42, Issue 22, eff. July 15, 2026.

18VAC110-20-730 Requirements for practitioner of medicine or osteopathy in free clinics

A. Any practitioner of medicine or osteopathy who provides controlled substances that have been donated pursuant to subdivision 11 of § 54.1-3301 of the Code of Virginia shall apply for a controlled substances registration.

B. A practitioner in a free clinic may only accept donated drugs pursuant to this registration if they are donated by an entity or practitioner who holds a current active license, permit, or registration issued by the board authorizing the dispensing or distribution of drugs.

C. A practitioner shall store such donated drugs for dispensing in compliance with the storage and security requirements set forth in 18VAC110-20-710, and a drug that has exceeded its expiration date shall not be dispensed. A practitioner shall be responsible for maintaining and complying with a written procedure for reviewing inventory for the purpose of removing expired drugs.

D. A practitioner shall package any dispensed drugs in accordance with the provisions of §§ 54.1-3426 and 54.1-3427 of the Code of Virginia and 18VAC110-20-340 and 18VAC110-20-350.

E. A practitioner shall label any dispensed drugs in accordance with the provisions of §§ 54.1-3410 and 54.1-3463 of the Code of Virginia and 18VAC110-20-330 to include the free clinic name and address; name of the prescriber; patient name; date of dispensing; drug name to include the generic name if the drug has a single active ingredient; drug strength, if applicable; quantity; and directions for use.

F. A practitioner shall comply with all recordkeeping requirements of § 54.1-3404 of the Code of Virginia and shall also maintain a chronological record of all Schedule II through VI drugs dispensed showing patient name and address; date of dispensing; drug name, strength, and quantity dispensed; and name or initials of the dispensing practitioner.

G. A practitioner under this section may enter into a contract or written agreement with a pharmacy whereby the pharmacy maintains all or part of the donated stock, dispenses the prescription pursuant to a written prescription by a prescriber at the free clinic, and delivers the dispensed prescription to the free clinic for pick up by the patient in accordance with subsection C of 18VAC110-20-275.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 20, eff. July 16, 2003.

18VAC110-20-735 Requirements for dispensing of naloxone by trained individuals

A. Persons authorized by the Department of Behavioral Health and Developmental Services to train individuals on the administration of naloxone in an injectable formulation with a hypodermic needle or syringe and dispense the naloxone for opioid overdose reversal pursuant to subsection Y of § 54.1-3408 of the Code of Virginia shall maintain the following records:

The prescriber's standing order issued in accordance with subsection Y of § 54.1-3408 of the Code of Virginia authorizing the trained individual to dispense naloxone.
Invoices or other records showing receipts of naloxone shall be maintained but may be stored in an electronic database or record as an electronic image that provides an exact, clearly legible image of the document or in secured storage either on site or off site. All records in off-site storage or database shall be retrieved and made available for inspection or audit within 48 hours of a request by the board or an authorized agent.
A manual or electronic log indicating the name, strength, lot, expiration date, and quantity of naloxone transferred to and from the controlled substances registration location to the off-site training location, along with date of transfer and the name of the trained individual approved by the Department of Behavioral Health and Developmental Services.
Record of dispensing indicating the name of the person receiving naloxone, address or contact information if available, date of dispensing, drug name, strength, quantity, lot number, expiration date, and the name of the trained individual approved by the Department of Behavioral Health and Developmental Services to dispense naloxone.

B. The naloxone shall be labeled with directions for use in accordance with the prescriber's standing order, date of dispensing, name of person receiving the drug, drug name and strength, and the name and telephone number for the entity associated with the controlled substances registration.

C. The naloxone shall be stored and transported under appropriate storage conditions in accordance with the manufacturer's directions to protect it from adulteration.

D. In the event of a manufacturer recall, the supervising practitioner or responsible party associated with the controlled substances registration certificate shall ensure compliance with recall procedures as issued by the manufacturer, the U.S. Food and Drug Administration, or the board to ensure an affected drug is transferred to a person or entity authorized to possess the drug for return or destruction.

E. Except for a prescriber's standing order, which shall be maintained on site for a period of not less than two years from the date of the last dispensing, records shall be filed chronologically and maintained for a period of not less than two years from the date of transaction.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 35, Issue 9, eff. January 23, 2019; amended, Virginia Register Volume 41, Issue 22, eff. July 31, 2025.

18VAC110-20-740 Drug donation sites

Any pharmacy with a current active pharmacy permit may apply on a form provided by the board for registration as a drug donation site. A registered drug donation site may receive eligible donated drugs, transfer such donated drugs to another registered drug donation site, or redispense the donated drugs in accordance with § 54.1-3411.1 of the Code of Virginia to patients of clinics organized in whole or in part for the delivery of health care services to the indigent. Drugs collected under the drug donation program may not be dispensed to any other patient, sold, or otherwise distributed except as authorized in 18VAC110-20-770 or 18VAC110-20-790.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 27, Issue 3, eff. November 10, 2010.

18VAC110-20-750 Eligible drugs

A. Drugs may be accepted by a registered drug donation site only if the following criteria are met:

Official compendium storage requirements are assured and the drugs are in manufacturers' original sealed containers or in sealed individual dose or unit dose packaging that meets official compendium Class A or B container requirements, or better, as set forth in § 54.1-3411.1 A 2 of the Code of Virginia;
The drugs bear an expiration date that is not less than 90 days from the date the drug is donated; and
The drugs have not been adulterated or misbranded.

B. The following drugs shall not be accepted by a drug donation site:

Schedule II-V controlled substances or any other drug if such return is inconsistent with federal law;
Drugs determined to be hazardous for donation based on (i) the pharmacist's professional judgment, experience or knowledge, or (ii) available reference materials;
Drugs that may only be dispensed to a patient registered with the drug manufacturer under a restricted distribution system; and
Drugs that have been previously compounded.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 27, Issue 3, eff. November 10, 2010.

18VAC110-20-760 Procedures for collecting eligible donated drugs

A. A pharmacist or a pharmacy technician under the personal supervision of a pharmacist shall receive and conduct the initial screening for eligibility of donated drugs.

B. At the time of accepting donated drugs, the drug donation site shall ensure that a donor form is completed. The drug donation site shall give a copy of the donor form to the person donating the drug at the time of the donation and shall maintain the original donor form. A donor form is not required for drugs donated by a patient residing in a long-term care facility or other facility where drugs are administered to that patient if the drugs are donated directly to the provider pharmacy for that facility and such provider pharmacy is registered as a drug donation site.

C. A donor form shall include the following information:

A statement that the donor is the patient or patient's agent for whom the prescription drug was dispensed;
A statement that the donor intends to voluntarily donate the prescription drug for redispensing;
A statement attesting that the drugs have been properly stored at all times while in the possession of the patient according to official compendium storage requirements;
Contact information for the patient or patient's agent;
The date of donation;
A listing of the donated drugs to include name, strength, and quantity;
A statement that private health information will be protected;
The signature of the patient or patient's agent; and
The initials of the receiving pharmacist, or the initials of the receiving pharmacy technician and supervising pharmacist.

D. Donated prescription drugs shall be stored within the prescription department, separate from other drug inventory.

E. Prior to transferring any donated drugs or redispensing donated drugs, a pharmacist shall perform a final review of any donated drug for eligibility and shall ensure that all the donor's patient specific information has been removed from previous labeling or rendered unreadable.

F. A drug donation site may not charge a fee for collecting donated drugs.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 27, Issue 3, eff. November 10, 2010.

18VAC110-20-770 Procedure for transferring donated prescription drugs

A. A drug donation site may transfer eligible donated prescription drugs to another drug donation site for the purpose of redispensing.

B. The transferring drug donation site shall provide a transfer record to the receiving drug donation site that includes the following:

The names and addresses of the transferring site and the receiving site;
The name, strength, and quantity of each donated drug being transferred; and
The date of transfer.

C. The original transfer record shall be maintained by the transferring drug donation site.

D. A copy of the transfer record shall be provided to the receiving drug donation site, the date of receipt shall be recorded on the copy, and it shall be maintained by the receiving drug donation site.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 27, Issue 3, eff. November 10, 2010.

18VAC110-20-780 Procedure for dispensing donated prescription drugs

A. A drug donation site redispensing donated prescription drugs shall comply with applicable federal and state laws and regulations for dispensing prescription drugs.

B. The pharmacy redispensing donated drugs shall not charge for cost of donated drugs, but may charge a dispensing or administrative fee for each such drug redispensed, consistent with the provisions of subdivision 10 of § 54.1-3301 of the Code of Virginia.

C. Recipients of a redispensed donated drug shall sign a form prior to receiving the drug that includes a statement that the recipient understands that the drug received has been donated for the purpose of redispensing pursuant to § 54.1-3411.1 of the Code of Virginia. The drug donation site shall maintain this form.

D. A drug donation site is under no obligation to obtain a prescription drug that is not in inventory at the time of a request for such drug.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 27, Issue 3, eff. November 10, 2010.

18VAC110-20-790 Procedures for disposing of donated prescription drugs

A. A drug donation site in possession of donated prescription drugs ineligible for redispensing shall dispose of such drugs in compliance with 18VAC110-20-210.

B. A drug donation site shall maintain records of disposal or transfer for disposal of donated prescription drugs separately from other pharmacy disposal records.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 27, Issue 3, eff. November 10, 2010.

18VAC110-20-800 Records

A. All records required for drug donation programs shall be maintained chronologically for two years.

B. Records and prescriptions related to donated drugs shall be maintained separately from other pharmacy records.

C. Storage of records.

Transfer, dispensing, and disposal records may be stored in an electronic database or record.
Prescriptions and signed forms, as well as any other records, may be stored as an electronic image that provides an exact, clearly legible image of the document.
Records may be stored in secured storage, either on or offsite.

D. All records in offsite storage or database shall be retrieved and made available for inspection or audit within 48 hours of a request by the board or an authorized agent.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 27, Issue 3, eff. November 10, 2010.

18VAC110-20-810 Laboratory requirements for pharmaceutical processors

A laboratory handling, testing, or analyzing cannabis products for a pharmaceutical processor shall:

Ensure independence from all other persons involved in the cannabis industry in Virginia, which shall mean that no person with a direct or indirect interest in the laboratory shall have a direct or indirect financial interest in a pharmacist, pharmaceutical processor, cannabis dispensing facility, certifying practitioner, or any other entity that may benefit from the production, manufacture, dispensing, sale, purchase, or use of cannabis products.
Employ at least one person to oversee and be responsible for the laboratory testing who has earned from a college or university accredited by a national or regional certifying authority at least (i) a master's degree in chemical or biological sciences and a minimum of two years of post-degree laboratory experience or (ii) a bachelor's degree in chemical or biological sciences and a minimum of four years of post-degree laboratory experience.
Obtain a controlled substances registration certificate pursuant to § 54.1-3423 of the Code of Virginia authorizing the testing of cannabis products.
Provide proof to the board of accreditation in testing and calibration in accordance with the most current version of the International Standard for Organization and the ISO/IEC 17025 or proof that the laboratory has applied for accreditation in testing and calibration in the most current version of ISO/IEC 17025. Any testing and calibration method utilized to perform a cannabis-related analysis for pharmaceutical processors shall be in accordance with the laboratory's ISO/IEC 17025 accreditation. The accrediting body shall be recognized by International Laboratory Accreditation Cooperation.

a. A laboratory applying for authorization to provide cannabis-related analytical tests for pharmaceutical processors shall receive ISO/IEC 17025 accreditation within two years from the date the laboratory applied for ISO/IEC 17025 accreditation. A laboratory may request and the board may grant for good cause shown additional time for the laboratory to receive ISO/IEC 17025 accreditation.

b. A laboratory shall send proof of ISO/IEC 17025 accreditation to the board for cannabis-related analytical test methods for pharmaceutical processors for which it has received ISO/IEC 17025 accreditation no later than five business days after the date on which the accreditation was received.

c. A laboratory may use nonaccredited analytical test methods as long as the laboratory has commenced an application for ISO/IEC 17025 accreditation for analytical test methods for cannabis-related analysis for pharmaceutical processors. No laboratory shall use nonaccredited analytical test methods for cannabis-related analysis for pharmaceutical processors if it has applied for and has not received ISO/IEC 17025 accreditation within two years. The laboratory may request and the board may grant for good cause shown additional time for the laboratory to utilize nonaccredited analytical test methods for cannabis-related analysis.

d. At such time that a laboratory loses its ISO/IEC 17025 accreditation for any cannabis-related analytical test methods for pharmaceutical processors, the laboratory shall inform the board within 24 hours. The laboratory shall immediately stop handling, testing, or analyzing cannabis for pharmaceutical processors.

Comply with a transportation protocol for transporting cannabis or cannabis products to or from the laboratory or to or from pharmaceutical processors.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 14, eff. April 9, 2026.

Chapter 21 Regulations Governing the Licensure of Pharmacists and Registration of Pharmacy Technicians

Part I General Provisions

18VAC110-21-10 Definitions

"ACPE" means the Accreditation Council for Pharmacy Education.

"ASHP" means the American Society of Health-System Pharmacists.

"Board" means the Virginia Board of Pharmacy.

"CE" means continuing education as required for renewal of licensure by the board.

"CEU" means a continuing education unit awarded for credit as the equivalent of 10 contact hours.

"Contact hour" means the amount of credit awarded for 60 minutes of participation in and successful completion of a continuing education program.

"Foreign school of pharmacy" means a school outside the United States and its territories offering a course of study in basic sciences, pharmacology, and pharmacy of at least four years in duration resulting in a degree that qualifies a person to practice pharmacy in that country.

"FPGEC certificate" means the certificate given by the Foreign Pharmacy Equivalency Committee of NABP that certifies that the holder of such certificate has passed the Foreign Pharmacy Equivalency Examination and a credential review of foreign training to establish educational equivalency to board approved schools of pharmacy and has passed approved examinations establishing proficiency in English.

"Inactive license" means a license that is registered with the Commonwealth but does not entitle the licensee to practice, and the holder of which is not required to submit documentation of CE necessary to hold an active license.

"NABP" means the National Association of Boards of Pharmacy.

"NHA" means National Healthcareer Association.

"Pharmacy technician trainee" means a person who is registered with the board and is currently enrolled in an approved pharmacy technician training program to perform duties restricted to pharmacy technicians for the purpose of obtaining practical experience in accordance with provisions of subsection G of § 54.1-3321 of the Code of Virginia.

"PTCB" means the Pharmacy Technician Certification Board, co-founded by the American Pharmaceutical Association and the American Society of Health System Pharmacists, as the national organization for the voluntary examination and certification of pharmacy technicians.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 6, eff. December 11, 2019; amended, Virginia Register Volume 39, Issue 7, eff. December 21, 2022.

18VAC110-21-20 Fees

A. Unless otherwise provided, fees listed in this section shall not be refundable.

B. Unless otherwise provided, any fees for taking required examinations shall be paid directly to the examination service as specified by the board.

C. Initial application fees.

| 1. Pharmacist license | $300 | | --- | --- | | 2. Pharmacy intern registration | $30 | | 3. Pharmacy technician trainee registration | $30 | | 4. Pharmacy technician registration | $40 | | 5. Approval of a continuing education program | $190 |

D. Annual renewal fees.

| 1. Pharmacist active license – due no later than December 31 | $175 | | --- | --- | | 2. Pharmacist inactive license – due no later than December 31 | $95 | | 3. Pharmacy technician registration – due no later than December 31 | $45 |

E. Late fees. The following late fees shall be paid in addition to the current renewal fee to renew an expired license or registration within one year of the expiration date. In addition, engaging in activities requiring a license or registration after the expiration date of such license or registration shall be grounds for disciplinary action by the board.

| 1. Pharmacist license | $40 | | --- | --- | | 2. Pharmacist inactive license | $20 | | 3. Pharmacy technician registration | $15 |

F. Reinstatement fees. Any person or entity attempting to renew a license or registration more than one year after the expiration date shall submit an application for reinstatement with any required fees. Reinstatement is at the discretion of the board and, except for reinstatement following revocation or suspension, may be granted by the executive director of the board upon completion of an application and payment of any required fees.

| 1. Pharmacist license | $300 | | --- | --- | | 2. Pharmacist license after revocation or suspension | $750 | | 3. Pharmacy technician registration | $50 | | 4. Pharmacy technician or pharmacy technician trainee registration after revocation or suspension | $200 | | 5. Pharmacy technician trainee | $25 |

G. Miscellaneous fees.

| 1. Duplicate wall certificate | $50 | | --- | --- | | 2. Handling fee for returned check or a dishonored credit card or debit card | $50 | | 3. Duplicate license or registration | $20 | | 4. Verification of licensure or registration | $35 |

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 6, eff. December 11, 2019; amended, Virginia Register Volume 37, Issue 2, eff. October 14, 2020; Volume 37, Issue 12, eff. March 18, 2021; Volume 39, Issue 7, eff. December 21, 2022; Volume 43, Issue 1, eff. September 23, 2026.

18VAC110-21-30 Current name and address

A. It shall be the duty and responsibility of each licensee and registrant to inform the board of his current name and address. A licensee or registrant shall notify the board within 14 days in writing or electronically of a name change or a change of an address of record. Properly updating a name or an address of record directly through the board's web-based application or other approved means shall constitute lawful notification.

B. All notices required by law or by this chapter are deemed to be received by the licensee or registrant when sent to the address of record and shall not relieve the licensee or registrant of the obligation to comply.

C. An individual licensed by or registered with the board who has provided the board with a public address that is different from the address of record shall notify the board in writing if there is a change in the address.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-21-31 Application to include e-profile number

An application for licensure as a pharmacist by examination or endorsement or for registration as a pharmacy intern or pharmacy technician shall include an e-profile number issued by NABP.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-21-40 Unprofessional conduct

The following practices shall constitute unprofessional conduct within the meaning of § 54.1-3316 of the Code of Virginia:

Failing to comply with provisions of § 32.1-127.1:03 of the Code of Virginia related to the confidentiality and disclosure of patient records or related to providing patient records to another practitioner or to the patient or the patient's personal representative;
Willfully or negligently breaching the confidentiality of a patient unless otherwise required or permitted by applicable law;
Failing to maintain the confidentiality of information received from the Prescription Monitoring Program, obtaining such information for reasons other than to assist in determining the validity of a prescription to be filled, or misusing information received from the program;
Engaging in disruptive or abusive behavior in a pharmacy or other health care setting that interferes with patient care or could reasonably be expected to adversely impact the quality of care rendered to a patient;
Engaging or attempting to engage in a relationship with a patient that constitutes a professional boundary violation in which the practitioner uses his professional position to take advantage of the vulnerability of a patient or the patient's family, including sexual misconduct with a patient or a member of the patient's family or other conduct that results or could result in personal gain at the expense of the patient;
Failing to maintain adequate safeguards against the diversion of controlled substances;
Failing to appropriately respond to a known dispensing error in a manner that protects the health and safety of the patient;
Delegating a task within the practice of pharmacy to a person who is not adequately trained to perform such a task;
Failing by the pharmacist in charge to ensure that pharmacy interns, pharmacy technicians, and pharmacy technician trainees working in the pharmacy are registered and that such registration is current;
Failing to exercise professional judgment in determining whether a prescription meets the requirements of law before dispensing;
Obtaining money or property of a patient or client by fraud or misrepresentation;
Providing false information or failing to cooperate with an employee of the Department of Health Professions in the conduct on an investigation or inspection;
Violating any provision of this chapter, 18VAC110-20, or Chapter 33 (§ 54.1-3300 et seq.) or 34 (§ 54.1-3400 et seq.) of Title 54.1 of the Code of Virginia;
Performing any act likely to deceive, defraud, or harm the public; or
Having a restriction of a license to practice pharmacy or a registration as a pharmacy technician in another jurisdiction in the United States.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 6, eff. December 11, 2019; amended, Virginia Register Volume 39, Issue 7, eff. December 21, 2022.

18VAC110-21-45 Kickbacks, fee-splitting, interference with supplier

A. A pharmacist shall not solicit or foster prescription practice with a prescriber of drugs or any other person providing for rebates, kickbacks, fee-splitting, or special charges in exchange for prescription orders.

B. A pharmacist shall not interfere with the patient's right to choose his supplier of medication or cooperate with any person or persons in denying a patient the opportunity to select his supplier of prescribed medications.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-21-46 Initiation of treatment by a pharmacist

A. Pursuant to § 54.1-3303.1 of the Code of Virginia, a pharmacist may initiate treatment with, dispense, or administer the following drugs and devices to persons 18 years of age or older with whom the pharmacist has a bona fide pharmacist-patient relationship:

Naloxone or other opioid antagonist, including such controlled paraphernalia as defined in § 54.1-3466 of the Code of Virginia as may be necessary to administer such naloxone or other opioid antagonist;
Epinephrine;
Injectable or self-administered hormonal contraceptives, provided the patient completes an assessment consistent with the United States Medical Eligibility Criteria for Contraceptive Use;
Prenatal vitamins for which a prescription is required;
Dietary fluoride supplements, in accordance with recommendations of the American Dental Association for prescribing of such supplements for persons whose drinking water has a fluoride content below the concentration recommended by the U.S. Department of Health and Human Services;
Drugs and devices as defined in § 54.1-3401 of the Code of Virginia, controlled paraphernalia as defined in § 54.1-3466 of the Code of Virginia, and other supplies and equipment available over the counter covered by the patient's health carrier when the patient's out-of-pocket cost is lower than the out-of-pocket cost to purchase an over-the-counter equivalent of the same drug, device, controlled paraphernalia, or other supplies or equipment;
Vaccines included on the Immunization Schedule published by the Centers for Disease Control and Prevention and vaccines for COVID-19;
Tuberculin purified protein derivative for tuberculosis testing;
Controlled substances for the prevention of human immunodeficiency virus, including controlled substances prescribed for pre-exposure and post-exposure prophylaxis pursuant to guidelines and recommendations of the Centers for Disease Control and Prevention;
Nicotine replacement and other tobacco-cessation therapies, including controlled substances as defined in the Drug Control Act (§ 54.1-3400 et seq. of the Code of Virginia), together with appropriate patient counseling;
Tests for COVID-19 and other coronaviruses; and
Controlled substances or devices for the initiation of treatment of the following diseases or conditions for which clinical decision making can be guided by a clinical test that is classified as waived under the federal Clinical Laboratory Improvement Amendments of 1988, 42 USC § 263a:

a. Group A Streptococcus bacteria infection;

b. Influenza virus infection;

c. COVID-19 virus infection; and

d. Urinary tract infection.

B. Notwithstanding the provisions of § 54.1-3303 of the Code of Virginia, a pharmacist may initiate treatment with, dispense, or administer the following drugs and devices to persons three years of age or older:

Vaccines included on the Immunization Schedule published by the Centers for Disease Control and Prevention and vaccines for COVID-19; and
Tests for COVID-19 and other coronaviruses.

The provisions of this subsection will become effective upon expiration of the provisions of the federal Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-19 related to the vaccination and COVID-19 testing of minors.

C. Pharmacists who initiate treatment with, dispense, or administer a drug, device, controlled paraphernalia, or other supplies or equipment pursuant to subsections A and B of this section shall:

Follow the statewide protocol adopted by the board for each drug, device, controlled paraphernalia, or other supplies or equipment.
Notify the patient's primary health care provider that treatment has been initiated with such drug, device, controlled paraphernalia, or other supplies or equipment or that such drug, device, controlled paraphernalia, or other supplies or equipment have been dispensed or administered to the patient, provided that the patient consents to such notification. No pharmacist shall limit the ability of notification to be sent to the patient's primary care provider by requiring use of email that is secure or compliant with the federal Health Insurance Portability and Accountability Act (42 USC § 1320d et seq.) (HIPAA). If the patient does not have a primary health care provider, the pharmacist shall counsel the patient regarding the benefits of establishing a relationship with a primary health care provider and, upon request, provide information regarding primary health care providers, including federally qualified health centers, free clinics, or local health departments serving the area in which the patient is located. If the pharmacist is initiating treatment with, dispensing, or administering injectable or self-administered hormonal contraceptives, the pharmacist shall counsel the patient regarding seeking preventative care, including (i) routine well-woman visits, (ii) testing for sexually transmitted infections, and (iii) pap smears. If the pharmacist is administering a vaccine pursuant to this section, the pharmacist shall report such administration to the Virginia Immunization Information System in accordance with the requirements of § 32.1-46.01 of the Code of Virginia.

3.Maintain a patient record for a minimum of six years following the last patient encounter with the following exceptions:

a. Records that have previously been transferred to another practitioner or health care provider or provided to the patient or the patient's personal representative; or

b. Records that are required by contractual obligation or federal law to be maintained for a longer period of time.

Perform the activities in a manner that protects patient confidentiality and complies with HIPAA.
Obtain a history from the patient, including questioning the patient for any known allergies, adverse reactions, contraindications, or health diagnoses or conditions that would be adverse to the initiation of treatment, dispensing, or administration.
If administering a vaccination to a minor pursuant to subdivision B 1 of this section, provide written notice to the minor's parent or guardian that the minor should visit a pediatrician annually.

D. A pharmacist may initiate treatment with, dispense, or administer drugs, devices, controlled paraphernalia, and other supplies and equipment pursuant to this section through telemedicine services, as defined in § 38.2-3418.16 of the Code of Virginia, in compliance with requirements of § 54.1-3303 of the Code of Virginia and consistent with the applicable standard of care.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3303.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 39, Issue 7, eff. December 21, 2022; amended, Virginia Register Volume 40, Issue 4, eff. November 8, 2023; Volume 41, Issue 5, eff. November 20, 2024; Volume 42, Issue 1, eff. September 24, 2025.

Part II Licensure Requirement for Pharmacists

18VAC110-21-50 Requirements for pharmacy practical experience

A. Each applicant for licensure as a pharmacist shall have gained practical experience in the practice of pharmacy as set forth in this section and 18VAC110-21-60.

B. An applicant for licensure as a pharmacist shall attain a minimum of 1,500 hours of practical experience.

C. Practical experience that is gained within an ACPE-accredited school of pharmacy, that conforms to the current ACPE standards, and that allows the student to gain at least 1,500 hours of practical experience shall meet the board's practical experience requirements for licensure as a pharmacist.

D. All practical experience credit gained outside of an ACPE-accredited school of pharmacy program shall only be gained after successful completion of the equivalent of at least two semesters in an ACPE-accredited school of pharmacy. Credit shall not be given for more than 50 hours in one week and not less than an average of 20 hours per week averaged over a month. The board may grant an exception to the minimum number of hours for good cause shown.

E. In accordance with § 54.1-3312 of the Code of Virginia, all practical experience required by this section shall be gained within the United States.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-21-60 Procedure for gaining practical experience

A. Each person desiring to gain practical pharmacy experience in Virginia shall first register with the board as a pharmacy intern on a form provided by the board prior to becoming so engaged as a pharmacy intern. This requirement shall apply to any person gaining practical experience within the Commonwealth whether for licensure in Virginia or in another state.

B. In order to be eligible to register as a pharmacy intern, an applicant shall meet at least one of the following criteria:

The applicant shall be enrolled in and have started course work in a professional degree program of a board-approved school of pharmacy. Such registration is only valid while the student is enrolled in the school of pharmacy and is satisfactorily progressing toward meeting the requirements for licensure as a pharmacist. An expiration date shall be assigned to the registration to cover the estimated time period for the student to complete the school program and pass the required examinations. If the student is no longer enrolled in the school program, takes a voluntary break from the program, or is otherwise not actively participating in the school program, except for regularly scheduled school breaks, the registration is no longer valid and shall be returned to the board immediately;
The applicant is a graduate of a board-approved school of pharmacy or a graduate of a foreign school of pharmacy, has established educational equivalency and proficiency in English by obtaining the FPGEC certificate, and desires to gain required practical experience required for licensure as a pharmacist. Such applicant shall provide documentation on a board-approved form of current employment or an employment start date within 90 days in a pharmacy in Virginia with approval by the supervising pharmacist. An expiration date shall be assigned to cover the estimated time period needed to obtain the required practical experience hours and take the required examinations to become licensed as a pharmacist;
The applicant has already gained the required practical experience but is an otherwise qualified applicant awaiting examination for licensure. A three-month expiration date shall be assigned to allow the applicant time to take required examinations; or
The applicant is an applicant for reactivation or reinstatement of a previously issued pharmacist license and is meeting board requirements for relicensure. An expiration date shall be assigned to reasonably cover the period of time necessary to meet the board requirements.

C. For documented good cause shown, the executive director of the board may extend the expiration date of the intern registration upon submission of an application form approved by the board and payment of the initial application fee.

D. A pharmacy intern shall be supervised by a pharmacist who holds a current, unrestricted license and assumes full responsibility for the training, supervision, and conduct of the intern.

E. The intern registration of a pharmacy student shall be valid only while the student is enrolled in a school of pharmacy. The registration card issued by the board shall be returned to the board upon failure to be enrolled.

F. Practical experience gained within any other state must be registered with and certified by the board of that state in order to be accepted or certified by the board. In the event that a state relies on the pharmacy school to certify the hours of experience, an affidavit from the pharmacy school certifying the hours of experience gained in the United States may be accepted in lieu of board certification.

G. All practical experience of the pharmacy intern shall be evidenced by an affidavit approved by the board, which shall be filed prior to or with the application for examination for licensure.

H. An applicant for licensure by endorsement may provide verification acceptable to the board of practical experience hours worked as a pharmacist in another state within the United States in lieu of prelicensure intern hours in order to meet the practical experience requirement.

I. A pharmacy intern shall notify the board in writing of any change in address of record within 14 days of such change.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-21-70 Curriculum and approved schools of pharmacy

A. The following minimum educational requirements for the specified periods shall be recognized by the board for the purpose of licensure.

On and after June 1, 1936, but before June 1, 1964, the applicant for licensure shall have been graduated from a four-year course of study with a Bachelor of Science degree in pharmacy awarded.
On and after June 1, 1964, the applicant for licensure shall have been graduated from at least a five-year course of study with a Bachelor of Science degree in pharmacy or a Doctorate of Pharmacy degree awarded.

B. In order to be licensed as a pharmacist within this Commonwealth, the applicant shall have been granted the first professional degree from a program of a school of pharmacy that meets the requirements of § 54.1-3312 of the Code of Virginia or shall satisfy the requirements of 18VAC110-21-90.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-21-80 Content of the examination and grades required; limitation on admittance to examination

A. Prior to admission to any examination required for licensure, the applicant shall have met all other requirements to include education and practical experience requirements, but in no case shall the applicant be admitted if grounds exist to deny licensure under § 54.1-3316 of the Code of Virginia.

B. The applicant shall achieve a passing score as determined by the board on the licensure examination that is approved by the board and that shall consist of an integrated examination of pharmacy practice, pharmacology, pharmacy mathematics, and such other subjects as are necessary to assure that the candidate possesses the necessary knowledge and skills to practice pharmacy.

C. When an applicant for licensure by examination fails to meet the passing requirements of the board-approved integrated pharmacy examination on three occasions, the applicant shall not be readmitted to the examination until he has completed an additional 1,000 hours of practical experience as a pharmacy intern as set forth in 18VAC110-21-60.

D. The applicant shall also achieve a passing score as determined by the board on an examination that tests the candidate's knowledge of federal and state laws related to pharmacy practice. If an applicant has not subsequently been issued a license by any jurisdiction in the United States within three years of achieving a passing score, the applicant shall retake the examination in order to be licensed in Virginia.

E. When an applicant fails to pass the law examination, the applicant shall not be allowed to retake it for a period of 30 days.

F. If an applicant requests a testing accommodation for either examination based on a physical or mental impairment that substantially limits one or more major life activities, subject to the Americans with Disabilities Act, the board may approve a reasonable accommodation that does not compromise the security or integrity of the examination.

Supporting documentation shall be provided by the applicant to include the following to be considered for review:

a. A letter of request from the candidate that specifies the testing accommodation requested;

b. A written report of an evaluation (educational, psychological, or physical) within the preceding two years from a qualified professional that states a diagnosis of the disability, describes the disability, recommends specific accommodations, and provides justification that the accommodation is appropriate and necessary for the diagnosed disability. If the comprehensive evaluation was done more than two years ago and the condition is one that is not subject to change, the original evaluation report may be submitted along with a current letter from the qualified professional stating that there has been no change in the condition since the time of the evaluation; and

c. A written statement from the appropriate person at the applicant's school of pharmacy that describes any testing accommodations made while the student was enrolled, if applicable.

The applicant will be notified in writing of the decision. If the request for accommodation is granted, the approval information will be forwarded to the examination contractor and the form of the accommodation will be coordinated with the contractor.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-21-90 Requirements for foreign-trained applicants

A. Applicants for licensure who were trained in foreign schools of pharmacy shall obtain the FPGEC certificate prior to being allowed to register as a pharmacy intern and gain the required practical experience in Virginia.

B. After obtaining the FPGEC certificate, the applicant may apply for a pharmacy intern registration and shall fulfill the requirements for practical experience set forth in 18VAC110-21-50 and 18VAC110-21-60 before being admitted to examinations required by 18VAC110-21-80.

C. Applicants for licensure who were trained in foreign schools of pharmacy shall also complete and achieve passing scores on the examinations set forth in 18VAC110-21-80 before being licensed as a pharmacist.

D. Applicants for licensure who were trained in foreign schools of pharmacy, but who subsequently have been granted a professional degree from a program of a school of pharmacy that meets the requirements of § 54.1-3312 of the Code of Virginia, as specified in 18VAC110-21-70, shall be exempt from the requirement for a FPGEC certificate but shall fulfill the requirements for practical experience set forth in 18VAC110-21-50 and 18VAC110-21-60 before being admitted to examinations required by 18VAC110-21-80.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-21-100 Registration for voluntary practice by out-of-state licensees

Any pharmacist who seeks registration to practice on a voluntary basis pursuant to subdivision 12 of § 54.1-3301 of the Code of Virginia under the auspices of a publicly supported, all volunteer, nonprofit organization that sponsors the provision of health care to populations of underserved people shall:

File a complete application for registration on a form provided by the board at least five business days prior to engaging in such practice;
Provide a complete list of each state in which the pharmacist has held a pharmacist license and a copy of any current license;
Provide the name of the nonprofit organization and the dates and location of the voluntary provision of services;
Pay a registration fee of $10; and
Provide a notarized statement from a representative of the nonprofit organization attesting to its compliance with the provisions of subdivision 12 of § 54.1-3301 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 6, eff. December 11, 2019.

Part III Requirements for Renewal or Reinstatement of Licensure

18VAC110-21-110 Renewal and reinstatement of license

A. Pharmacist licenses expire on December 31 and shall be renewed annually prior to that date by the submission of a renewal fee, renewal form, an e-profile number issued by NABP, and statement of compliance with continuing education requirements.

B. A pharmacist newly licensed on or after October 1 shall not be required to renew that license until December 31 of the following year.

C. A pharmacist who fails to renew his license by the expiration date may renew his license at any time within one year of its expiration by submission of the renewal fee and late fee, renewal form, and statement of compliance with continuing education requirements.

D. A pharmacist who fails to renew his license for more than one year following expiration and who wishes to reinstate such license shall submit an application for reinstatement, pay the current renewal fee and a reinstatement fee, and submit documentation showing compliance with continuing education requirements. Reinstatement is at the discretion of the board and may be granted by the executive director of the board provided no grounds exist to deny said reinstatement.

E. A pharmacist who has been registered as inactive for more than one year must apply for reactivation, submit documentation showing compliance with continuing education requirements, and pay the difference between the inactive fee and the current year active renewal fee in order to resume active licensure.

F. In order to reactivate or reinstate a license to active status, a pharmacist who holds an inactive license, who has allowed his license to lapse, or who has had his license suspended or revoked must submit evidence of completion of CEUs or hours equal to the requirements for the number of years in which his license has not been active, not to exceed a total of 60 hours of CE.

G. A pharmacist whose license has been lapsed, is in inactive status, or has been suspended or revoked for more than five years shall, as a condition of reinstatement or reactivation in addition to 60 hours CE, take and receive a passing score on the board-approved law examination and furnish acceptable documentation of one of the following:

Active pharmacy practice within the past five years as a properly licensed pharmacist in another state; or
Practical experience as a pharmacy intern registered with the board of at least 160 hours within six months immediately prior to being reinstated or reactivated.

H. The practice of pharmacy without a current, active pharmacist license is unlawful and shall constitute grounds for disciplinary action by the board.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-21-120 Requirements for continuing education

A. A pharmacist shall be required to have completed a minimum of 1.5 CEUs or 15 contact hours of continuing pharmacy education in an approved program for each annual renewal of licensure. CEUs or hours in excess of the number required for renewal may not be transferred or credited to another year.

B. A pharmacy education program approved for continuing pharmacy education is:

One that is approved by the ACPE;
One that is approved as a Category I continuing medical education course, the primary focus of which is pharmacy, pharmacology, or drug therapy; or
One that is approved by the board in accordance with the provisions of 18VAC110-21-130.

C. Of the 15 contact hours required for annual renewal, at least three hours shall be obtained in courses or programs that are live or real-time interactive. Included in the three hours, the following may be credited:

A maximum of one hour for attendance at a board meeting or formal hearing;
A maximum of one hour for serving as a preceptor for a pharmacy student or resident in an accredited school or program or for a foreign-trained student obtaining hours of practical experience; or
A maximum of two hours for the delivery of volunteer pharmacy services in accordance with provisions of subsection D of this section.

D. Up to two hours of the 15 hours required for annual renewal may be satisfied through delivery of pharmacy services as a pharmacist, without compensation, to low-income individuals receiving health services through a local health department or a free clinic organized in whole or primarily for the delivery of those services. One hour of continuing education may be credited for three hours of providing such volunteer services, as documented by the health department or free clinic.

E. The board may grant an extension pursuant to § 54.1-3314.1 E of the Code of Virginia. Any subsequent extension shall be granted only for good cause shown.

F. Pharmacists are required to attest to compliance with the CE requirements in a manner approved by the board at the time of their annual license renewal. Following each renewal period, the board may conduct an audit of the immediate past two years CE documents to verify compliance with the requirements. Pharmacists are required to maintain for two years following renewal the original certificates documenting successful completion of CE, showing the date and title of the CE program or activity, the number of CEUs or contact hours awarded, and a certifying signature or other certification of the approved provider. Pharmacists selected for audit must provide these original documents to the board by the deadline date specified by the board in the audit notice.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 6, eff. December 11, 2019; amended, Virginia Register Volume 37, Issue 12, eff. March 18, 2021.

18VAC110-21-130 Approval of continuing education programs

A. The board will approve without application or further review any program offered by an ACPE-approved provider and will accept for credit certificates bearing the official ACPE logo and program number.

B. The board may approve an individual CE program under the following provisions:

An approved individual program is a course, activity, or lecture that includes subject matter related to the competency of the practice of pharmacy and that has been approved for CE credit by the board.
In order to receive approval for an individual program, the sponsor or provider must apply prior to offering the program on a form provided by the board. The information that must be provided shall include:

a. Name of provider;

b. Location;

c. Date and time of program;

d. Charges to participants;

e. Description of program content and objectives;

f. Credentials of speaker or author;

g. Method of delivery;

h. Evaluation procedure;

i. Evidence of a post assessment;

j. Credits requested;

k. Mechanism for recordkeeping; and

l. Any such information as the board deems necessary to assure quality and compliance.

The sponsor applying for board approval of an individual program shall pay a fee as required in 18VAC110-21-20 C 5.
The board shall notify the provider or sponsor within 60 days following the receipt of a completed application of approval or disapproval of a program and the number of credits that may be awarded. The board shall also assign an expiration date for approval of the program not to exceed two years from the date of approval.
The provider of an approved program shall provide to each participant who completes the required hours and passes the post-test a certification with the name of the provider, name of the participant, description of course and method of delivery, number of hours credited, date of completion, and program identification number.
The provider of an approved program shall maintain all records on that program, program participants, and hours awarded for a period of five years and shall make those records available to the board upon request.
The board shall periodically review and monitor programs. The provider of a CE program shall waive registration fees for a representative of the board for that purpose.
Any changes in the information previously provided about an approved program or provider shall be submitted, or the board may withdraw its approval. If a provider wants to give a live program more than once, all program dates shall either be submitted on the original application or provided to the board in subsequent correspondence at least five days prior to giving the program.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-21-135 Registration as a pharmacy technician trainee

A. A person desiring to gain practical pharmacy experience toward completion of a pharmacy technician training program in Virginia shall first register with the board as a pharmacy technician trainee on a form provided by the board prior to engaging in the duties of a pharmacy technician pursuant to § 54.1-3321 of the Code of Virginia.

B. In order to be eligible to register as a pharmacy technician trainee, an applicant shall be enrolled in a pharmacy technician training program. An expiration date, not to exceed two years, shall be assigned to the registration to cover the estimated time period for the trainee to complete the practical pharmacy experience required for completion of the training program and pass the required examination. If the trainee is no longer enrolled in the training program, takes a voluntary break from the program, or is otherwise not actively progressing toward completion of such program, the registration is no longer valid and shall be returned to the board immediately.

C. A pharmacy technician trainee shall be directly monitored by a supervising pharmacist who holds a current active license and assumes full responsibility for the training and supervision of the trainee.

D. A pharmacy technician trainee shall notify the board in writing of any change in address of record within 14 days of such change.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 39, Issue 7, eff. December 21, 2022.

Part IV Requirements for Pharmacy Technician Registration

18VAC110-21-140 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 36, Issue 6, eff. December 11, 2019; amended, Virginia Register Volume 39, Issue 7, eff. December 21, 2022; repealed, Virginia Register Volume 41, Issue 20, eff. July 3, 2025.

18VAC110-21-141 Requirements for pharmacy technician training

A. Any person wishing to apply for registration as a pharmacy technician shall submit the application fee and an application on a form approved by the board.

B. To be registered as a pharmacy technician, an applicant shall provide evidence of the following:

Completion of a pharmacy technician training program that is:

a. Jointly accredited by the ASHP and ACPE;

b. An accredited training program operated through the Department of Education's Career and Technical Education Program;

c. Operated through a federal agency or branch of the military;

d. Accredited by an accreditation body approved by the board; or

e. Recognized by the Pharmacy Technician Certification Board or the National Healthcareer Association.

Successfully having passed a national certification examination administered by PTCB or NHA.

C. A pharmacy technician who has previously practiced in another United States jurisdiction may be eligible to obtain registration as a pharmacy technician upon documentation of previous practice and having passed a national certification examination administered by PTCB or NHA.

D. A person who successfully completed or was enrolled in a board-approved pharmacy technician training program but did not successfully pass a national examination prior to July 1, 2022, may be eligible to obtain registration as a pharmacy technician after successfully passing a national certification examination administered by PTCB or NHA and submitting to the board documentation of such completion or enrollment in a board-approved pharmacy technician training program and passing examination score.

E. A person who passed a national certification examination administered by PTCB or NHA but did not complete a board-approved pharmacy technician training program prior to July 1, 2022, may be eligible to obtain registration as a pharmacy technician upon documentation of having passed such examination.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 39, Issue 7, eff. December 21, 2022; amended, Virginia Register Volume 42, Issue 4, eff. November 5, 2025.

18VAC110-21-150 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 36, Issue 6, eff. December 11, 2019; amended, Virginia Register Volume 39, Issue 7, eff. December 21, 2022; repealed, Virginia Register Volume 41, Issue 20, eff. July 3, 2025.

18VAC110-21-160 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 36, Issue 6, eff. December 11, 2019; repealed, Virginia Register Volume 39, Issue 7, eff. December 21, 2022.

18VAC110-21-170 Renewal and reinstatement of registration

A. Pharmacy technician registrations expire on December 31 and shall be renewed annually prior to that date by the submission of a renewal fee, renewal form, and an e-profile number issued by NABP. A pharmacy technician newly registered on or after July 1 shall not be required to renew that registration until December 31 of the following year. Failure to receive the application for renewal shall not relieve the pharmacy technician of the responsibility for renewing the registration by the expiration date.

B. A pharmacy technician who fails to renew his registration by the expiration date may renew his registration at any time within one year of its expiration by submission of the renewal fee and late fee, renewal form, and attestation of having met the continuing education requirements.

C. A pharmacy technician who fails to renew his registration for more than one year following expiration and who wishes to reinstate such registration shall submit an application for reinstatement, pay the current renewal fee and a reinstatement fee, and submit documentation showing compliance with continuing education requirements. Reinstatement is at the discretion of the board and may be granted by the executive director of the board provided no grounds exist to deny said reinstatement. Practicing as a pharmacy technician with a lapsed registration shall be illegal and may subject the registrant to disciplinary action by the board.

D. A person who fails to reinstate a pharmacy technician registration within five years of expiration shall:

Take and pass a national certification examination administered by PTCB or NHA, unless national certification is currently maintained;
Document completion of 20 hours of continuing education; and
Pay the current renewal fee and a reinstatement fee.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 6, eff. December 11, 2019; amended, Virginia Volume 39, Issue 7, eff. December 21, 2022.

18VAC110-21-180 Requirements for continued competency

A. A pharmacy technician shall be required to have completed a minimum of 0.5 CEUs or five contact hours of approved continuing education for each annual renewal of registration. Hours in excess of the number required for renewal may not be transferred or credited to another year.

B. An approved continuing education program shall meet the requirements as set forth in 18VAC110-21-120 B or 18VAC110-21-130 B.

C. Upon written request of a pharmacy technician, the board may grant an extension of up to one year in order for the pharmacy technician to fulfill the continuing education requirements for the period of time in question. The granting of an extension shall not relieve the pharmacy technician from complying with current year requirements. Any subsequent extension shall be granted for good cause shown.

D. Up to one hour of the five hours required for annual renewal may be satisfied through delivery of pharmacy services as a pharmacy technician, without compensation, to low-income individuals receiving health services through a local health department or a free clinic organized in whole or primarily for the delivery of those services. One hour of continuing education may be credited for three hours of providing such volunteer services, as documented by the health department or free clinic.

E. Documentation showing successful completion of continuing education programs shall be maintained by the pharmacy technician for a period of two years following the renewal of his registration. The pharmacy technician shall provide such documentation to the board upon request in a manner to be determined by the board.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 6, eff. December 11, 2019; amended, Virginia Register Volume 39, Issue 7, eff. December 21, 2022.

Chapter 30 Regulations for Practitioners of the Healing Arts to Sell Controlled Substances

Part I Definitions and Fees

18VAC110-30-10 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise.

"Board" means the Virginia Board of Pharmacy.

"Controlled substance" means a drug, substance, or immediate precursor in Schedules I through VI of the Drug Control Act.

"Licensee" means a practitioner who is licensed by the Board of Pharmacy to sell controlled substances.

"Personal supervision" means the licensee must be physically present and render direct, personal control over the entire service being rendered or acts being performed. Neither prior nor future instructions shall be sufficient nor shall supervision be rendered by telephone, written instructions, or by any mechanical or electronic methods.

"Practitioner" or "practitioner of the healing arts" means a doctor of medicine, osteopathic medicine, or podiatry who possesses a current active license issued by the Board of Medicine. For the purpose of a limited-use permit for a nonprofit facility, a "practitioner" or "practitioner of the healing arts" may also mean a physician assistant with a current active license issued by the Board of Medicine or an advanced practice registered nurse with a current active license issued by the Joint Boards of Nursing and Medicine.

"Sale" means barter, exchange, or gift, or offer thereof, and each such transaction made by any person, whether as an individual, proprietor, agent, servant, or employee. It does not include the gift of manufacturer's samples to a patient.

"Special packaging" means packaging that is designed or constructed to be significantly difficult for children under five years of age to open or obtain a toxic or harmful amount of the controlled substance within a reasonable time and not difficult for normal adults to use properly, but does not mean packaging that all such children cannot open or obtain a toxic or harmful amount within a reasonable time.

"U.S.P.-N.F." means the United States Pharmacopeia-National Formulary.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-2 § 1.1, eff. May 9, 1990; amended, Virginia Register Volume 17, Issue 7, eff. January 17, 2001; Volume 22, Issue 10, eff. February 22, 2006; Volume 38, Issue 12, eff. March 3, 2022; Volume 41, Issue 26, eff. September 25, 2025.

18VAC110-30-15 Fees

A. Unless otherwise provided, fees listed in this section shall not be refundable.

B. Initial application fees.

License for practitioner of the healing arts to sell controlled substances: $300.
Permit for facility in which practitioners of the healing arts sell controlled substances: $700.

C. Annual renewal fees.

License for practitioner of the healing arts to sell controlled substances: $175.
Permit for facility in which practitioners of the healing arts sell controlled substances: $490.

D. Late fees. The following late fees shall be paid in addition to the current renewal fee to renew an expired license within one year of the expiration date.

License for practitioner of the healing arts to sell controlled substances: $40.
Permit for facility in which practitioners of the healing arts sell controlled substances: $120.

E. Reinstatement fees. Any person or entity attempting to renew a license or permit more than one year after the expiration date shall submit an application for reinstatement with any required fees.

License for practitioner of the healing arts to sell controlled substances: $300.
Permit for facility in which practitioners of the healing arts sell controlled substances: $415.
Application fee for reinstatement of a license or permit that has been revoked or suspended indefinitely: $750.

F. Facilities in which only one practitioner of the healing arts is licensed by the board to sell controlled substances shall be exempt from fees associated with obtaining and renewing a facility permit. Facilities that change from only one practitioner to more than one shall notify the board within 30 days of such change.

G. The fee for reinspection of any facility shall be $435.

H. The handling fee for returned check or a dishonored credit card or debit card shall be $50.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 17, Issue 7, eff. January 17, 2001; amended, Virginia Register Volume 19, Issue 4, eff. December 4, 2002; Volume 22, Issue 10, eff. February 22, 2006; Volume 22, Issue 15, eff. May 3, 2006; Volume 23, Issue 4, eff. November 29, 2006; Volume 24, Issue 10, eff. February 20, 2008; Volume 26, Issue 2, eff. October 28, 2009; Volume 33, Issue 20, eff. June 28, 2017; Volume 37, Issue 2, eff. October 14, 2020; Volume 37, Issue 12, eff. March 18, 2021; Volume 43, Issue 1, eff. September 23, 2026.

Part II Licensure and Permit Requirements

18VAC110-30-20 Application for licensure

A. Prior to engaging in the sale of controlled substances, a practitioner shall make application on a form provided by the board and be issued a license. After June 7, 2016, the practitioner shall engage in such sale from a location that has been issued a facility permit.

B. Prior to engaging in the sale of Schedule VI controlled substances, excluding the combination of misoprostol and methotrexate, and hypodermic syringes and needles for the administration of prescribed controlled substances from a nonprofit facility, a doctor of medicine, osteopathic medicine, or podiatry, an advanced practice registered nurse, or a physician assistant shall make application on a form provided by the board and be issued a limited-use license.

C. Any disciplinary action taken by the Board of Medicine, or in the case of an advanced practice registered nurse, by the Joint Boards of Nursing and Medicine, against the practitioner's license to practice shall constitute grounds for the board to deny, restrict, or place terms on the license to sell.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-2 § 2.1, eff. May 9, 1990; amended, Virginia Register Volume 8, Issue 13, eff. April 22, 1992; Volume 10, Issue 1, eff. November 3, 1993; Volume 17, Issue 7, eff. January 17, 2001; Volume 22, Issue 10, eff. February 22, 2006; Volume 29, Issue 21, eff. August 2, 2013; Volume 33, Issue 20, eff. June 28, 2017; Volume 38, Issue 12, eff. March 3, 2022; Volume 41, Issue 26, eff. September 25, 2025.

18VAC110-30-21 Application for facility permit

A. After June 7, 2016, any location at which practitioners of the healing arts sell controlled substances shall have a permit issued by the board in accordance with § 54.1-3304.1 of the Code of Virginia. A licensed practitioner of the healing arts shall apply for the facility permit on a form provided by the board.

B. For good cause shown, the board may issue a limited-use facility permit when the scope, degree, or type of services provided to the patient is of a limited nature. The permit to be issued shall be based on conditions of use requested by the applicant or imposed by the board in cases where certain requirements of this chapter may be waived.

The limited-use facility permit application shall list the regulatory requirements for which a waiver is requested, if any, and a brief explanation as to why each requirement should not apply to that practice.
A policy and procedure manual detailing the type and volume of controlled substances to be sold and safeguards against diversion shall accompany the application.
The issuance and continuation of a limited-use facility permit shall be subject to continuing compliance with the conditions set forth by the board.
A limited-use facility permit may be issued to a nonprofit facility for the purpose of dispensing Schedule VI controlled substances, excluding the combination of misoprostol and methotrexate, and hypodermic syringes and needles for the administration of prescribed controlled substances.

C. The executive director may grant a waiver of the security system when storing and selling multiple strengths and formulations of no more than five different topical Schedule VI drugs intended for cosmetic use.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 20, eff. June 28, 2017; amended, Virginia Register Volume 38, Issue 12, eff. March 3, 2022.

18VAC110-30-30 Renewal of license or permit

A. A license or facility permit so issued shall be valid until December 31 of the year of issue. Renewal of the license shall be made on or before December 31 of each year.

B. If a practitioner fails to renew his license or facility permit to sell within the Commonwealth by the renewal date, he must pay the renewal fee plus the late fee. He may renew his license or facility permit by payment of these fees for one year from the date of expiration.

C. Failure to renew the license or facility permit to sell within one year following expiration shall cause the license or permit to lapse. The selling of controlled substances with a lapsed license or permit shall be illegal and may subject the practitioner to disciplinary action by the board. To reinstate a lapsed license or permit, a practitioner shall submit an application for reinstatement and pay the reinstatement fee, plus the reinspection fee if a reinspection is required as set forth in subsection D of this section. Reinstatement is at the discretion of the board and may be granted by the executive director on the board's behalf provided no grounds exist to deny said reinstatement.

D. Prior to reinstatement of a facility permit that has been lapsed for more than one year, a reinspection of the storage and selling area shall be conducted. A practitioner seeking reinstatement of a facility permit shall not stock drugs until approved by the board or its authorized agent.

E. The selling of controlled substances without a current, active license or facility permit is unlawful and shall constitute grounds for disciplinary action by the board.

History

Statutory Authority: §§ 54.1-2400, 54.1-3304.1, and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-2 § 2.2, eff. May 9, 1990; amended, Virginia Register Volume 8, Issue 13, eff. April 22, 1992; Volume 10, Issue 1, eff. November 3, 1993; Volume 17, Issue 7, eff. January 17, 2001; Volume 22, Issue 10, eff. February 22, 2006; Volume 33, Issue 20, eff. June 28, 2017.

18VAC110-30-35 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 17, Issue 7, eff. January 17, 2001; repealed, Virginia Register Volume 22, Issue 10, eff. February 22, 2006.

18VAC110-30-40 Acts to be performed by the licensee

A. The selection of the controlled substance from the stock, any preparation or packaging of a controlled substance or the preparation of a label for a controlled substance to be transferred to a patient shall be the personal responsibility of the licensee.

Any compounding of a controlled substance shall be personally performed by the licensee or a registered pharmacy technician under the supervision of the licensee.
A licensee may supervise one person who may be present in the storage and selling area to assist in performance of pharmacy technician tasks, as set forth in § 54.1-3321 of the Code of Virginia, provided such person is not licensed to sell controlled substances and is either:

a. A pharmacy technician registered with the board; or

b. A licensed nurse or physician assistant who has received training in technician tasks consistent with training required for pharmacy technicians.

Unless using one of the board-approved training courses for pharmacy technicians, a licensee who uses a nurse or physician assistant to perform pharmacy technician tasks shall develop and maintain a training manual and shall document that such licensee has successfully completed general training in the following areas:

a. The entry of prescription information and drug history into a data system or other recordkeeping system;

b. The preparation of prescription labels or patient information;

c. The removal of the drug to be dispensed from inventory;

d. The counting or measuring of the drug to be dispensed to include pharmacy calculations;

e. The packaging and labeling of the drug to be dispensed and the repackaging thereof;

f. The stocking or loading of automated dispensing devices or other devices used in the dispensing process, if applicable; and

g. Applicable laws and regulations related to dispensing.

A licensee who employs or uses pharmacy technicians, licensed nurses or physician assistants to assist in the storage and selling area shall develop and maintain a site-specific training program and manual for training to work in that practice. The program shall include training consistent with that specific practice to include training in proper use of site-specific computer programs and equipment, proper use of other equipment used in the practice in performing technician duties, and pharmacy calculations consistent with the duties in that practice.
A licensee shall maintain documentation of successful completion of the site-specific training program for each pharmacy technician, nurse or physician assistant for the duration of the employment and for a period of two years from date of termination of employment. Documentation for currently employed persons shall be maintained on site or at another location where the records are readily retrievable upon request for inspection. After employment is terminated, such documentation may be maintained at an off-site location where it is retrievable upon request.

B. Prior to the dispensing, the licensee shall:

Conduct a prospective drug review and offer to counsel a patient in accordance with provisions of § 54.1-3319 of the Code of Virginia; and
Inspect the prescription product to verify its accuracy in all respects, and place his initials on the record of sale as certification of the accuracy of, and the responsibility for, the entire transaction.

C. If the record of sale is maintained in an automated data processing system as provided in 18VAC110-30-200, the licensee shall personally place his initials with each entry of a sale as a certification of the accuracy of, and the responsibility for, the entire transaction.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-2 § 2.3, eff. May 9, 1990; amended, Virginia Register Volume 10, Issue 1, eff. November 3, 1993; Volume 22, Issue 10, eff. February 22, 2006; Volume 38, Issue 12, eff. March 3, 2022.

18VAC110-30-50 Licensees ceasing to sell controlled substances; inventory required prior to disposal

A. Any licensee who intends to cease selling controlled substances shall notify the board 10 days prior to cessation and surrender his license, and his license will be placed on expired status. If no other practitioner of the healing arts licensed to sell controlled substances intends to sell controlled substances from the same location, the practitioner shall also surrender the facility permit, and the permit will be placed on expired status.

B. Any Schedules II through V controlled substances shall be inventoried and may be disposed of by transferring the controlled substance stock to another licensee or other person authorized by law to possess such drugs or by destruction as set forth in this chapter.

C. The licensee or other responsible person shall inform the board of the name and address of the licensee to whom the controlled substances are transferred.

D. A licensee who has surrendered his license or facility permit pursuant to this section may request that it be made current again at any time within the same renewal year without having to pay an additional fee, provided the licensee is selling from the same location or from another location that has been inspected and approved by the board.

History

Statutory Authority: §§ 54.1-2400, 54.1-3304.1, and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-2 § 2.4, eff. May 9, 1990; amended, Virginia Register Volume 8, Issue 13, eff. April 22, 1992; Volume 10, Issue 1, eff. November 3, 1993; Volume 17, Issue 7, eff. January 17, 2001; Volume 22, Issue 10, eff. February 22, 2006; Volume 33, Issue 20, eff. June 28, 2017.

18VAC110-30-60 (Repealed.)

Historical Notes

Derived from VR530-01-2 § 2.5, eff. May 9, 1990; amended, Virginia Register Volume 10, Issue 1, eff. November 3, 1993; repealed, Virginia Register Volume 17, Issue 7, eff. January 17, 2001.

Part III Inspection Requirements, Standards, and Security for Storage Areas; Disposal of Controlled Substances

18VAC110-30-70 Practitioner in charge in a permitted facility

A facility with a permit for practitioners of the healing arts to sell controlled substances shall:

Designate a practitioner with a license to sell controlled substances who shall be the primary person responsible for the stock, the required inventory, the records of receipt and destruction, safeguards against diversion and compliance with this chapter;
Report to the board the name of the licensee and the location of the controlled substance stock on a form provided by the board;
Upon a change in the licensee so designated, an inventory of all Schedules II through V controlled substances shall be conducted in the manner set forth in § 54.1-3404 of the Drug Control Act of the Code of Virginia and such change shall immediately be reported to the board; and
Nothing shall relieve the other individual licensees who sell controlled substances at the location of the responsibility for the requirements set forth in this chapter.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3304.1, and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-2 § 3.1, eff. May 9, 1990; amended, Virginia Register Volume 8, Issue 13, eff. April 22, 1992; Volume 10, Issue 1, eff. November 3, 1993; Volume 33, Issue 20, eff. June 28, 2017.

18VAC110-30-80 Inspection and notice required

A. The area designated for the storage and selling of controlled substances shall be inspected by an agent of the board prior to the issuance of the first license to sell controlled substances from that site. Inspection prior to issuance of subsequent licenses at the same location shall be conducted at the discretion of the board.

B. Applications for facility permits that indicate a requested inspection date, or requests that are received after the application is filed, shall be honored provided a 14-day notice to the board is allowed prior to the requested inspection date.

C. Requested inspection dates that do not allow a 14-day notice to the board may be adjusted by the board to provide 14 days for the scheduling of the inspection.

D. At the time of the inspection, the controlled substance selling and storage area shall comply with 18VAC110-30-90, 18VAC110-30-100, 18VAC110-30-110, 18VAC110-30-120, and 18VAC110-30-130.

E. If an applicant substantially fails to meet the requirements for issuance of a facility permit and a reinspection is required, or if the applicant is not ready for the inspection on the established date and fails to notify the inspector or the board at least 24 hours prior to the inspection, the applicant shall pay a reinspection fee as specified in 18VAC110-30-15 prior to a reinspection being conducted.

F. No facility permit shall be issued to sell controlled substances until adequate safeguards against diversion have been provided for the controlled substance storage and selling area and approved by the inspector or board staff.

G. The licensee shall notify the board of any substantive changes to the approved selling and storage area including moving the location of the area, making structural changes to the area, or making changes to the alarm system for the area prior to the changes being made and pay a reinspection fee. An inspection shall be conducted prior to approval of the new or altered selling and storage area.

History

Statutory Authority: §§ 54.1-2400, 54.1-3304.1, and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-2 § 3.2, eff. May 9, 1990; amended, Virginia Register Volume 8, Issue 13, eff. April 22, 1992; Volume 10, Issue 1, eff. November 3, 1993; Volume 17, Issue 7, eff. January 17, 2001; Volume 22, Issue 10, eff. February 22, 2006; Volume 33, Issue 20, eff. June 28, 2017.

18VAC110-30-90 Physical standards

Physical standards for the controlled substance selling and storage area:

The building in which the controlled substances selling and storage area is located shall be constructed of permanent and secure materials. Trailers and other movable facilities shall not be permitted;
There shall be an enclosed area of not less than 40 square feet that is designated as the controlled substances selling and storage area, which shall be used exclusively for storage, preparation, and dispensing. Records related to the sale of controlled substances may be maintained outside the selling and storage area with access limited to the licensee and those persons authorized to assist in the area. The work space used in preparation of the drugs shall be contained within the enclosed area. A controlled substance selling and storage area inspected and approved prior to November 3, 1993, shall not be required to meet the size requirement of this chapter;
Controlled substances maintained for ultimate sale shall be maintained separately from any other controlled substances maintained for other purposes. Controlled substances maintained for other purposes such as administration or samples may be stored within the selling and storage area provided they are clearly separated from the stock maintained for sale;
The selling and storage area, work counter space and equipment in the area shall be maintained in a clean and orderly manner;
A sink with hot and cold running water shall be available within 20 feet of the selling and storage area and not located within an examination room or restroom; and
The entire area described in this chapter shall be well lighted and ventilated; the proper storage temperature shall be maintained to meet official specifications for controlled substance storage.

History

Statutory Authority: §§ 54.1-2400, 54.1-3304.1, and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-2 § 3.3, eff. May 9, 1990; amended, Virginia Register Volume 8, Issue 13, eff. April 22, 1992; Volume 10, Issue 1, eff. November 3, 1993; Volume 17, Issue 7, eff. January 17, 2001; Volume 29, Issue 21, eff. August 2, 2013; Volume 33, Issue 20, eff. June 28, 2017.

18VAC110-30-100 Access to selling area

Access to stock rooms, rest rooms, and other areas other than an office that is exclusively used by the licensee shall not be through the selling and storage area. The selling and storage area may be in an office that is exclusively used by the licensee and to which only the licensee has access, provided the office is at least 40 square feet in area; provided the drugs are stored in a cabinet, closet, or other lockable area that can be locked when the practitioner is using the office for purposes other than dispensing; and provided the office meets all other requirements of 18VAC110-30-90, 18VAC110-30-120, and 18VAC110-30-130.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-2 § 3.4, eff. May 9, 1990; amended, Virginia Register Volume 17, Issue 7, eff. January 17, 2001; Volume 29, Issue 21, eff. August 2, 2013.

18VAC110-30-110 Minimum equipment

The licensee shall be responsible for maintaining the following equipment in the designated area:

A current dispensing information reference source, either hard copy or electronic;
A refrigerator with a monitoring thermometer, located in the selling area, if any controlled substances requiring refrigeration are maintained;
Equipment consistent with requirements of § 54.1-3410.2 of the Code of Virginia and USP-NF standards, if sterile products are to be prepared;
Prescription balances, sensitive to 15 milligrams, and weights or an electronic scale, if the licensee is engaged in dispensing activities that require the weighing of components; and
Other equipment, supplies, and references consistent with the practitioner's scope of practice and with the public safety.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-2 § 3.5, eff. May 9, 1990; amended, Virginia Register Volume 17, Issue 7, eff. January 17, 2001; Volume 22, Issue 10, eff. February 22, 2006.

18VAC110-30-120 Safeguards against diversion of controlled substances

A device for the detection of breaking shall be installed in the controlled substances selling and storage area. The installation and the device shall be based on accepted burglar alarm industry standards, and shall be subject to the following conditions:

The device shall be a sound, microwave, photoelectric, ultrasonic, or any other generally accepted and suitable device;
The device shall be maintained in operating order;
The device shall fully protect the immediate controlled substance selling and storage areas and shall be capable of detecting breaking by any means whatsoever in the area when the area is closed;
The alarm system must have an auxiliary source of power;
The alarm system shall be capable of being activated and operated separately from any other alarm system in the area or the business in which the controlled substance selling and storage area is located;
The alarm system is controlled only by the licensee; and
An emergency key or access code to the system may be maintained as set forth in 18VAC110-30-130 B of this chapter.

History

Statutory Authority: §§ 54.1-113, 54.1-2400 and 54.1-3304.1 of the Code of Virginia.
Historical Notes: Derived from VR530-01-2 § 3.6, eff. May 9, 1990; amended, Virginia Register Volume 10, Issue 1, eff. November 3, 1993.

18VAC110-30-130 Selling area enclosures

A. The controlled substance selling and storage area of the licensee shall be provided with enclosures subject to the following conditions:

The enclosure shall be constructed in such a manner that it protects the controlled substance stock from unauthorized entry and from pilferage at all times whether or not the licensee is on duty.
The enclosure shall be locked and alarmed at all times when the licensee is not on duty.
The enclosure shall be capable of being locked in a secure manner at any time the licensee on duty is not present in the storage and selling area.

B. The door keys or other means of entry and alarm access code to the selling and storage area shall be restricted to the licensee with the following exceptions:

Other persons authorized to assist the licensee in the selling and storage area may possess a key or other means of entry into a locked area only when the licensee is on duty. Such key or other means of entry shall not allow entry when the licensee is not on duty; and
The licensee may place a key or other means of opening the locking device and the alarm access code in a sealed envelope or other sealed container with the licensee's signature across the seal in a safe or vault within the office or other secured place for use by another licensee for emergency access. In lieu of the licensee's signature across a seal, the executive director for the board may approve other methods of securing the emergency keys or access codes to the enclosed area.

C. The controlled substance selling and storage area is restricted to the licensee and one person designated by the licensee. The designated person may be present in the selling and storage area only during the hours when the licensee is on duty to render personal supervision.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-2 § 3.7, eff. May 9, 1990; amended, Virginia Register Volume 10, Issue 1, eff. November 3, 1993; Volume 22, Issue 10, eff. February 22, 2006; Volume 29, Issue 21, eff. August 2, 2013.

18VAC110-30-140 Prescriptions awaiting delivery

Prescriptions prepared for delivery to the patient may be placed in a secure place outside of the controlled substance selling area and access to the prescriptions restricted by the licensee to designated assistants. The prepared prescriptions may be transferred to the patient whether or not the licensee is on duty with prior approval of the licensee.

History

Statutory Authority: §§ 54.1-113, 54.1-2400 and 54.1-3304.1 of the Code of Virginia.
Historical Notes: Derived from VR530-01-2 § 3.8, eff. May 9, 1990; amended, Virginia Register Volume 10, Issue 1, eff. November 3, 1993.

18VAC110-30-150 Expired controlled substances; security

Any controlled substance which has exceeded the expiration date shall not be dispensed or sold and shall be separated from the stock used for selling but shall be maintained in the selling and storage area prior to the disposal of the expired controlled substances.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-2 § 3.9, eff. May 9, 1990; amended, Virginia Register Volume 22, Issue 10, eff. February 22, 2006.

18VAC110-30-160 Disposal of Schedule II through VI controlled substances

A. If a licensee wishes to dispose of unwanted Schedule II through VI controlled substances, he shall use one of the following procedures:

Transfer the drugs to another person or entity authorized to possess Schedule II through VI drugs; or
Destroy the drugs by burning in an incinerator in compliance with all applicable local, state, and federal laws and regulations.

B. If Schedule II through V drugs are to be destroyed, the following additional procedures shall apply:

At least 14 days prior to the destruction date, the licensee shall provide a written notice to the board office. The notice shall state the following:

a. Date, time, manner, and place of destruction;

b. The names of the licensees who will witness the destruction process.

If the destruction date is to be changed or the destruction does not occur, a new notice stating the information required in subdivision 1 of this subsection shall be provided to the board;
The actual destruction shall be witnessed by the licensee conducting the destruction and another licensee of the board who is not employed by the licensee conducting the destruction;
At the conclusion of the destruction of the controlled substance stock, the DEA drug destruction form shall be fully completed and used as the record of all drugs to be destroyed. A copy of the destruction form shall be retained at the practitioner's office with other inventory records.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3304 of the Code of Virginia.
Historical Notes: Derived from VR530-01-2 § 3.10, eff. May 9, 1990; amended, Virginia Register Volume 10, Issue 1, eff. November 3, 1993; Volume 17, Issue 7, eff. January 17, 2001.

Part IV Written Prescription and Record Keeping Standards

18VAC110-30-170 Sign and written prescription requirements

A. The licensee shall conspicuously display a sign in the public area of the office and in each patient examination room advising patients of their right to choose where they have their prescriptions filled.

B. The licensee shall advise patients of their right to obtain the controlled substance from him or from a pharmacy.

C. If the patient chooses to obtain the controlled substance from a pharmacy, the licensee shall either provide the patient with a written prescription or transmit the prescription orally, electronically or by fax to a pharmacy of his choice.

D. If the patient chooses to purchase the controlled substance from the licensee, the licensee shall either:

Have the patient sign the written prescription and return it to the licensee. If the licensee chooses to use the hard copy prescription as his record of sale, he shall record all information and file as required by 18VAC110-30-190. If the licensee chooses to record the sale in book form or maintain it in an automated data system, he shall mark the prescription void, file chronologically, and maintain for a period of two years; or
In lieu of a written prescription, have the patient sign a separate waiver form to be maintained for at least two years with the dispensing records according to date of dispensing. The waiver form may not be kept in the patient's chart.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-2 § 4.1, eff. May 9, 1990; amended, Virginia Register Volume 10, Issue 1, eff. November 3, 1993; Volume 17, Issue 7, eff. January 17, 2001; Volume 22, Issue 10, eff. February 22, 2006.

18VAC110-30-180 Manner of maintaining inventory records for licensees selling controlled substances

Each licensee shall maintain the inventories and records of controlled substances as follows:

Inventories and records of all controlled substances listed in Schedule II shall be maintained separately from all other records of the licensee;
Inventories and records of controlled substances listed in Schedules III, IV and V may be maintained separately or with records of Schedule VI controlled substances but shall not be maintained with other records of the licensee;
All records of Schedule II through V controlled substances shall be maintained at the same location as the stock of controlled substances to which the records pertain except that records maintained in an off-site database shall be retrieved and made available for inspection within 48 hours of a request by the board or an authorized agent;
In the event that an inventory is taken as the result of a theft of controlled substances pursuant to § 54.1-3404 of the Drug Control Act of the Code of Virginia, the inventory shall be used as the opening inventory within the current biennial period. Such an inventory does not preclude the taking of the required inventory on the required biennial inventory date;
All inventories required by § 54.1-3404 of the Code of Virginia shall be signed and dated by the person taking the inventory and shall indicate whether the inventory was taken prior to the opening of business or after close of business; and
All records required by this section shall be filed chronologically.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-2 § 4.2, eff. May 9, 1990; amended, Virginia Register Volume 10, Issue 1, eff. November 3, 1993; Volume 22, Issue 10, eff. February 22, 2006.

18VAC110-30-190 Manner of maintaining records for Schedule II through VI controlled substances sold

A. A hard copy prescription shall be placed on file for every new prescription dispensed and be maintained for two years from date of last refill. All prescriptions shall be filed chronologically from date of initial dispensing. In lieu of a hard copy prescription, a licensee may have an alternative record of all drugs sold maintained for two years from date of dispensing or of refilling an order. Such record shall be in chronological order by date of initial dispensing with refills listed with initial dispensing information or by date of dispensing.

B. The hard copy prescription or records of sale for Schedule II controlled substances shall be maintained as follows:

They shall be maintained separately from other records; and
They shall be maintained in chronological order and shall show the selling date, a number which identifies the sale, the name and address of the patient, the name and strength of the controlled substance, the initials of the licensee, and the quantity sold.

C. The hard copy prescription or records of sale for Schedule III through V controlled substances shall be maintained as follows:

They shall be maintained in the manner set forth in subsection A of this section; and
The hard copy prescription or records of sale for Schedule III through V controlled substances may be maintained separately from other selling records or may be maintained with selling records for Schedule VI controlled substances provided the Schedule III through V controlled substance records are readily retrievable from the selling records for Schedule VI controlled substances. The records shall be deemed readily retrievable if a red "C" is placed uniformly on the record entry line for each Schedule III through V controlled substance sold. However, if the licensee employs an automated data processing system or other electronic recordkeeping system for prescriptions that permits identification by prescription number and retrieval of original documents by prescriber's name, patient's name, drug dispensed, and date filled, then the requirement to mark the hard copy record with a red "C" is waived.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-2 § 4.3, eff. May 9, 1990; amended, Virginia Register Volume 10, Issue 1, eff. November 3, 1993; Volume 17, Issue 7, eff. January 17, 2001; Volume 22, Issue 10, eff. February 22, 2006.

18VAC110-30-200 Automated data processing records of sale

A. An automated data processing system may be used for the storage and retrieval of the sale of controlled substances instead of manual recordkeeping requirements, subject to the following conditions:

Any computerized system shall also provide retrieval via computer monitor display or printout of the sale of all controlled substances during the past two years, the listing to be in chronological order and shall include all information required by the manual method; and
If the system provides a printout of each day's selling activity, the printout shall be verified, dated and signed by the licensee. The licensee shall verify that the data indicated is correct and then sign the document in the same manner as he would sign a check or legal document (e.g., J.H. Smith or John H. Smith). In place of such printout, the licensee shall maintain a bound log book, or separate file, in which the licensee shall sign a statement each day, in the manner previously described, attesting to the fact that the selling information entered into the computer that day under his initials has been reviewed by him and is correct as shown.

B. Any computerized system shall have the capability of producing a printout of any selling data which the practitioner is responsible for maintaining under the Drug Control Act and such printout shall be provided within 48 hours of a request of an authorized agent.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-2 § 4.4, eff. May 9, 1990; amended, Virginia Register Volume 10, Issue 1, eff. November 3, 1993; Volume 17, Issue 7, eff. January 17, 2001; Volume 22, Issue 10, eff. February 22, 2006.

Part V Packaging, Repackaging and Label Standards

18VAC110-30-210 Repackaging of controlled substances; records required; labeling requirements

A. A licensee repackaging controlled substances shall maintain adequate control records for a period of one year or until the expiration, whichever is greater. The records shall show the name of the controlled substances repackaged, strength, if any, quantity prepared, initials of the licensee supervising the process, the assigned control number, or the manufacturer's or distributor's name and control number, and an expiration date.

B. The controlled substance name, strength, if any, the assigned control number, or the manufacturer's or distributor's name and control number, and an appropriate expiration date determined by the licensee in accordance with USP-NF guidelines shall appear on any subsequently repackaged or reconstituted units.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-2 § 5.1, eff. May 9, 1990; amended, Virginia Register Volume 10, Issue 1, eff. November 3, 1993; Volume 17, Issue 7, eff. January 17, 2001; Volume 22, Issue 10, eff. February 22, 2006.

18VAC110-30-220 Labeling of prescription as to content and quantity

Any controlled substances sold by a licensee shall bear on the label of the container, in addition to other requirements, the following information:

The name and address of the practitioner and the name of the patient;
The date of the dispensing;
The drug name and strength, when strength is applicable:

a. For any drug product possessing a single active ingredient, the generic name of the drug shall be included on the label.

The number of dosage units or, if liquid, the number of millimeters dispensed.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-2 § 5.2, eff. May 9, 1990; amended, Virginia Register Volume 17, Issue 7, eff. January 17, 2001; Volume 22, Issue 10, eff. February 22, 2006.

18VAC110-30-230 Packaging standards for controlled substance sold

A controlled substance shall be sold only in packaging approved by the current U.S.P.-N.F. for the controlled substance. In the absence of such packaging standard for the controlled substance, it shall be dispensed in a well-closed container.

History

Statutory Authority: §§ 54.1-113, 54.1-2400 and 54.1-3304.1 of the Code of Virginia.
Historical Notes: Derived from VR530-01-2 § 5.3, eff. May 9, 1990.

18VAC110-30-240 Special packaging

A. Each controlled substance sold to a person in a household shall be sold in special packaging, except when otherwise requested by the purchaser, or when such controlled substance is exempted from such requirements promulgated pursuant to the Poison Prevention Packaging Act of 1970, 15 USC §§ 1471-1476.

B. Each licensee may have a sign posted near the compounding and selling area advising the patients that nonspecial packaging may be requested.

C. If nonspecial packaging is requested, a signed release of such request shall be obtained from the patient or the patient's authorized agent and maintained for two years from the date of dispensing.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-2 § 5.4, eff. May 9, 1990; amended, Virginia Register Volume 10, Issue 1, eff. November 3, 1993; Volume 17, Issue 7, eff. January 17, 2001; Volume 22, Issue 10, eff. February 22, 2006.

Part VI Patient's Choice of Supplier, Purchase of Drugs, and Return of Controlled Substances

18VAC110-30-250 Choice of controlled substance supplier

A licensee shall neither interfere with the patient's right to choose his supplier of medication nor cooperate with any person or persons in denying a patient the opportunity to select his supplier of prescribed medications.

History

Statutory Authority: §§ 54.1-113, 54.1-2400 and 54.1-3304.1 of the Code of Virginia.
Historical Notes: Derived from VR530-01-2 § 6.1, eff. May 9, 1990.

18VAC110-30-255 Purchase of drugs

Except for an emergency purchase from another licensee or pharmacy, a licensee may only purchase Schedule II through VI drugs from a wholesale distributor licensed or registered by the board.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3304 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 17, Issue 7, eff. January 17, 2001.

18VAC110-30-260 Returning of controlled substances

Controlled substances shall not be accepted for return or exchange by any licensee for resale after such controlled substances have been taken from the premises where sold, unless such controlled substances are in the manufacturer's original sealed container or in a unit-dose container which meets the U.S.P.-N.F. Class A or Class B container requirement, have been stored under conditions in which official compendium storage requirements can be assured and provided such return or exchange is consistent with federal law and regulation.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-2 § 6.2, eff. May 9, 1990; amended, Virginia Register Volume 17, Issue 7, eff. January 17, 2001; Volume 22, Issue 10, eff. February 22, 2006.

Part VII Grounds for Disciplinary Action

18VAC110-30-270 Grounds for disciplinary action

In addition to those grounds listed in § 54.1-3316 of the Code of Virginia, the board may revoke, suspend, or refuse to issue or renew a license to sell controlled substances or may deny any application if it finds that the licensee or applicant has had his license to practice medicine, osteopathic medicine, or podiatry or license as a physician assistant or advanced practice registered nurse suspended or revoked in Virginia or in any other state or no longer holds a current active license to practice in the Commonwealth of Virginia.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from VR530-01-2 § 7.1, eff. May 9, 1990; amended, Virginia Register Volume 17, Issue 7, eff. January 17, 2001; Volume 22, Issue 10, eff. February 22, 2006; Volume 38, Issue 12, eff. March 3, 2022; Volume 41, Issue 26, eff. September 25, 2025.

Chapter 50 Regulations Governing Wholesale Distributors, Manufacturers, Third-Party Logistics Providers, and Warehousers

Part I General Provisions

18VAC110-50-10 Definitions

"Authorized collector" means a registered manufacturer, wholesale distributor, or reverse distributor that is authorized by the U.S. Drug Enforcement Administration to receive drugs from an ultimate user, a person lawfully entitled to dispose of an ultimate user decedent's property, or a long-term care facility on behalf of an ultimate user who resides or has resided at that facility for the purpose of destruction.

"Authorized distributor of record" means a wholesale distributor with whom a manufacturer has entered into a written agreement under which such wholesale distributor is either authorized to distribute all of that manufacturer's prescription drug products, or only those products listed in the agreement, for such a period of time or number of shipments as specified in the agreement.

"Control number" means the unique identifying customer number assigned by the Virginia Department of Motor Vehicles to an individual when issuing a driver's license, learner's permit, or official identification card. This number is displayed on the driver's license or ID card in lieu of the social security number.

"DEA" means the U.S. Drug Enforcement Administration.

"Drop shipment" means the sale and distribution of a prescription drug in which a manufacturer or a third-party logistics provider directly ships the prescription drug to a pharmacy, chain drug warehouse, or other person authorized to dispense or administer the prescription drug, and the pharmacy, chain drug warehouse or other authorized person is invoiced by a wholesale distributor that took title to the prescription drug during the shipping, but did not take physical possession of the prescription drug.

"Expiration date" means that date placed on a drug package by the manufacturer or repacker beyond which the product may not be dispensed or used.

"FDA" means the U.S. Food and Drug Administration.

"Ultimate user" means a person who has lawfully obtained, and who possesses, a controlled substance for his own use or for the use of a member of his household or for an animal owned by him or a member of his household.

"USP-NF" means the United States Pharmacopeia-National Formulary.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 24, eff. September 6, 2006; amended, Volume 24, Issue 10, eff. February 20, 2008; Volume 32, Issue 12, eff. March 24, 2016; Volume 33, Issue 19, eff. June 29, 2017.

18VAC110-50-20 Fees

A. Unless otherwise provided, fees listed in this section shall not be refundable.

B. Initial application fees.

| 1. Nonrestricted manufacturer permit | $1,000 | | --- | --- | | 2. Restricted manufacturer permit | $850 | | 3. Wholesale distributor license | $750 | | 4. Warehouser permit | $510 | | 5. Nonresident wholesale distributor registration | $750 | | 6. Controlled substances registration | $180 | | 7. Third-party logistics provider permit | $750 | | 8. Nonresident manufacturer registration | $1,000 | | 9. Nonresident warehouser registration | $510 | | 10. Nonresident third-party logistics provider registration | $750 |

C. Annual renewal fees shall be due on February 28 of each year.

D. Late fees. The following late fees shall be paid in addition to the current renewal fee to renew an expired license within one year of the expiration date. In addition, engaging in activities requiring a license, permit, or registration after the expiration date of such license, permit, or registration shall be grounds for disciplinary action by the board.

| 1. Nonrestricted manufacturer permit | $120 | | --- | --- | | 2. Restricted manufacturer permit | $80 | | 3. Wholesale distributor license | $120 | | 4. Warehouser permit | $120 | | 5. Nonresident wholesale distributor registration | $120 | | 6. Controlled substances registration | $40 | | 7. Third-party logistics provider permit | $120 | | 8. Nonresident manufacturer registration | $120 | | 9. Nonresident warehouser registration | $120 | | 10. Nonresident third-party logistics provider registration | $120 |

E. Reinstatement fees.

Any entity attempting to renew a license, permit, or registration more than one year after the expiration date shall submit an application for reinstatement with any required fees. Reinstatement is at the discretion of the board and, except for reinstatement following license revocation or suspension, may be granted by the executive director of the board upon completion of an application and payment of any required fees.
Engaging in activities requiring a license, permit, or registration after the expiration date of such license, permit, or registration shall be grounds for disciplinary action by the board. Facilities or entities that cease operation and wish to resume shall not be eligible for reinstatement but shall apply for a new permit or registration.
Facilities or entities that failed to renew and continued to operate for more than one renewal cycle shall pay the current and all back renewal fees for the years in which they were operating plus the following reinstatement fees:

| a. Nonrestricted manufacturer permit | $440 | | --- | --- | | b. Restricted manufacturer permit | $385 | | c. Wholesale distributor license | $440 | | d. Warehouser permit | $440 | | e. Nonresident wholesale distributor registration | $440 | | f. Controlled substances registration | $350 | | g. Third-party logistics provider permit | $440 | | h. Nonresident manufacturer registration | $440 | | i. Nonresident warehouser registration | $440 | | j. Nonresident third-party logistics provider registration | $440 |

F. Application for change or inspection fees.

| 1. Reinspection fee | $435 | | --- | --- | | 2. Inspection fee for change of location, structural changes, or security system changes | $435 | | 3. Change of ownership fee | $125 | | 4. Change of responsible party | $125 |

G. The handling fee for a returned check or a dishonored credit card or debit card shall be $50.

H. The fee for verification of license, permit, or registration shall be $35.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 24, eff. September 6, 2006; amended, Virginia Register Volume 23, Issue 4, eff. November 29, 2006; Volume 26, Issue 2, eff. October 28, 2009; Volume 26, Issue 6, eff. December, 23, 2009; Volume 31, Issue 20, eff. July 16, 2015; Volume 33, Issue 19, eff. June 29, 2017; Volume 35, Issue 12, eff. March 22, 2019; Volume 37, Issue 2, eff. October 14, 2020; Volume 37, Issue 12, eff. March 18, 2021; Volume 43, Issue 1, eff. September 23, 2026.

18VAC110-50-30 Application; location of business; inspection required

A. Any person or entity desiring to obtain a license as a wholesale distributor; registration as a nonresident wholesale distributor, nonresident manufacturer, nonresident warehouser, or nonresident third-party logistics provider; or permit as a manufacturer, warehouser, or third-party logistics provider shall file an application with the board on a form approved by the board. An application shall be filed for a new license, registration, or permit, or for acquisition of an existing wholesale distributor, manufacturer, warehouser, nonresident wholesale distributor, nonresident manufacturer, third-party logistics provider, nonresident warehouser, or nonresident third-party logistics provider.

B. A licensee or permit holder proposing to change the location of an existing license or permit, or make structural or security system changes to an existing location, shall file an application for approval of the changes following an inspection conducted by an authorized agent of the board.

C. A license, permit, or registration shall not be issued to any wholesale distributor, manufacturer, warehouser, nonresident warehouser, nonresident wholesale distributor, nonresident manufacturer, third-party logistics provider, or nonresident third-party logistics provider to operate from a private dwelling or residence or to operate without meeting the applicable facility requirements for proper storage and distribution of drugs or devices. Before any license, permit, or registration is issued, the applicant shall demonstrate compliance with all federal, state, and local laws and ordinances.

D. If a wholesale distributor, manufacturer, warehouser, or third-party logistics provider engages in receiving, possessing, storing, using, manufacturing, distributing, or otherwise disposing of any Schedules II through V controlled substances, it shall also obtain a controlled substances registration from the board in accordance with § 54.1-3422 of the Code of Virginia and shall also be duly registered with the DEA and in compliance with all applicable laws and rules for the storage, distribution, shipping, handling, and transporting of controlled substances.

E. The proposed location, structural changes, or security system changes shall be inspected by an authorized agent of the board prior to issuance of a license or permit.

Applications that indicate a requested inspection date, or requests that are received after the application is filed, shall be honored provided a 14-day notice is allowed prior to the requested inspection date.
Requested inspection dates that do not allow a 14-day notice to the board may be adjusted by the board to provide 14 days for the scheduling of the inspection.
At the time of the inspection, the proposed prescription drug storage area shall comply with 18VAC110-50-40 and 18VAC110-50-50, and wholesale distributors shall meet the requirements of 18VAC110-50-90.
If an applicant substantially fails to meet the requirements for issuance of a permit or license and a reinspection is required, or if the applicant is not ready for the inspection on the established date and fails to notify the inspector or the board at least 24 hours prior to the inspection, the applicant shall pay a reinspection fee as specified in 18VAC110-50-20 prior to a reinspection being conducted.

F. Prescription drugs shall not be stocked within the proposed location or moved to a new location until approval is granted by the inspector or board staff.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 24, eff. September 6, 2006; amended, Virginia Register Volume 33, Issue 19, eff. June 29, 2017; Volume 35, Issue 12, eff. March 22, 2019.

18VAC110-50-40 Safeguards against diversion of drugs

A. The holder of the license as a wholesale distributor or permit as a manufacturer, warehouser, or third-party logistics provider, or registration as a nonresident wholesale distributor, nonresident warehouser, nonresident third-party logistics provider, or nonresident manufacturer shall restrict access to all areas in which prescription drugs are stored or kept for sale to only those persons specifically designated as necessary for the manufacture, receipt, storage, distribution, or quality control of the controlled substance inventory and shall provide reasonable security measures to include appropriate locking devices on all access doors to these areas and adequate lighting both inside and outside the facility to deter unauthorized entry and diversion.

B. The holder of the license, permit, or registration, except for those distributors of only medical gases other than nitrous oxide, shall install a device for the detection of breaking subject to the following conditions:

The device shall be a sound, microwave, photoelectric, ultrasonic, or any other generally accepted and suitable device.
One communication line installation shall be hardwired and both the installation and device shall be based on accepted burglar alarm industry standards to include wireless motion sensors.
The device shall be maintained in operating order, shall have an auxiliary source of power, and shall be capable of sending an alarm signal to the monitoring entity when breached if the communication line is not operational.
The device shall fully protect all areas where prescription drugs are stored and shall be capable of detecting breaking by any means when activated.
Access to the alarm system shall be restricted to the person named on the application as the responsible party or to persons specifically designated in writing in a policy and procedure manual.
The system shall be activated whenever the drug storage areas are closed for business.

C. Distribution or delivery of prescription drugs shall be accomplished in a manner to prevent diversion or possession of drugs by unauthorized persons.

The holder of the license, permit, or registration shall only deliver prescription drugs to a person authorized to possess such drugs at a location where the person is authorized to possess such drugs and only at a time when someone authorized to possess such drugs is in attendance.
The holder of the license, permit, or registration shall affirmatively verify that the person to whom prescription drugs are delivered is authorized by law to receive such drugs.
Prescription drugs may be transferred to an authorized agent of a person who may lawfully possess prescription drugs, provided the transfer occurs on the premises of the wholesale distributor, manufacturer, warehouser, third-party logistics provider, nonresident wholesale distributor, nonresident warehouser, nonresident third-party logistics provider, or nonresident manufacturer and provided the identity and authorization of the agent is verified, and such transfer is only used to meet the immediate needs of a patient.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 24, eff. September 6, 2006; amended, Virginia Register Volume 29, Issue 21, eff. August 2, 2013; Volume 33, Issue 19, eff. June 29, 2017; Volume 35, Issue 12, eff. March 22, 2019; Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-50-50 Storage

A. All prescription drugs and devices shall be stored at appropriate temperatures and under appropriate conditions in accordance with requirements, if any, in the labeling of such drugs, or with requirements of USP-NF.

B. If no specific storage requirements are established for a drug or a device, it may be held at controlled room temperature, as defined in USP-NF, to help ensure that its identity, strength, quality, and purity are not adversely affected.

C. Appropriate manual, electromechanical, or electronic temperature and humidity recording equipment, or logs shall be utilized to document proper storage of prescription drugs.

D. Packaging of the prescription drugs should be in accordance with USP-NF standards.

E. Schedule II-V controlled substances shall be separated from Schedule VI prescription drugs and stored in a secure area in accordance with DEA security requirements and standards.

F. Any facility shall be of adequate size and construction and have the proper equipment necessary for the proper storage of prescription drugs and devices as set forth in this section.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 24, eff. September 6, 2006.

18VAC110-50-51 Disposal of drugs by authorized collectors

Any manufacturer, wholesale distributor, or reverse distributor wishing to accept for return a previously dispensed drug in Schedules II through V for the purpose of destruction from an ultimate user, or a person lawfully entitled to dispose of an ultimate user decedent's property, shall first be authorized by the DEA as a collector. The process used to collect and destroy drugs, along with any required recordkeeping, shall comply with federal and state law.

Prior to collecting drugs, an authorized collector shall submit in writing to the board:

a. The name, address, and license number, if applicable, of the facility;

b. The intended method or methods of collection (i.e., collection receptacle or mail-back program); and

c. Signature of the responsible party.

If an authorized collector chooses to cease acting as a collector, the responsible party shall notify the board within 30 days.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 12, eff. March 24, 2016.

18VAC110-50-55 Delivery of Schedule VI devices

A. In accordance with the provisions of subsection A of § 54.1-3415.1 of the Code of Virginia, a manufacturer, nonresident manufacturer, wholesale distributor, nonresident wholesaler distributor, third-party logistics provider, nonresident third-party logistics provider, warehouser, or nonresident warehouser licensed, permitted, or registered in Virginia may deliver Schedule VI prescription devices directly to an ultimate user or consumer on behalf of a medical equipment supplier.

Such delivery shall only occur in accordance with an agreement between a delivering entity named in this subsection and a medical equipment supplier in compliance with law and regulation.
The agreement shall be between an individual delivering entity or multiple delivering entities under shared ownership and an individual medical equipment supplier or multiple medical equipment suppliers under shared ownership. The agreement shall be applicable to all ultimate users or consumers receiving services from the medical equipment supplier who require delivery of Schedule VI prescription devices.
The medical equipment supplier shall represent to the delivering entity that it has complied with the provisions of § 54.1-3415.1 of the Code of Virginia regarding the existence of a valid order from a prescriber for the delivery of a Schedule VI prescription device to an ultimate user or consumer. Validation of orders of prescribers shall be the responsibility of the medical equipment supplier upon request of the board or delivering entity.

B. In accordance with the provisions of subsection B of § 54.1-3415.1 of the Code of Virginia, a manufacturer, nonresident manufacturer, wholesale distributor, nonresident wholesaler distributor, third-party logistics provider, nonresident third-party logistics provider, warehouser, or nonresident warehouser licensed, permitted, or registered in Virginia may deliver Schedule VI prescription devices directly to an ultimate user's or consumer's residence to be administered by persons authorized to administer such devices, provided that (i) such delivery is made on behalf of a medical director of a home health agency, nursing home, assisted living facility, or hospice who has requested the distribution of the Schedule VI prescription device and directs the delivery of such device to the ultimate user's or consumer's residence and (ii) the medical director on whose behalf such Schedule VI prescription device is being delivered has entered into an agreement with the manufacturer, nonresident manufacturer, wholesale distributor, nonresident wholesale distributor, warehouser, nonresident warehouser, third-party logistics provider, or nonresident third-party logistics provider for such delivery.

Such delivery shall only occur in accordance with an agreement between a delivering entity authorized in this subsection and a medical director of a home health agency, nursing home, assisted living facility, or hospice and in compliance with law and regulation.
The agreement shall be between an individual delivering entity or multiple delivering entities under shared ownership and the medical director of an individual home health agency, nursing home, assisted living facility, or hospice, or multiple such entities under shared ownership. The agreement shall be applicable to all ultimate users or consumers of the home health agency, nursing home, assisted living facility, or hospice who require delivery of Schedule VI prescription devices.
The home health agency, nursing home, assisted living facility, or hospice shall represent to the delivering entity that it has complied with provisions of § 54.1-3415.1 of the Code of Virginia regarding the existence of a request from a prescriber for the delivery of a Schedule VI prescription device to an ultimate user or consumer. Validation of the request from a prescriber shall be the responsibility of the home health agency, nursing home, assisted living facility, or hospice upon request of the board or delivering entity.

C. The agreement, as required by subdivisions A 1 and B 1 of this section, shall be in written or electronic format and shall be retained in a format available upon request to the board at all times the agreement is in effect and for two years after the date the agreement is terminated or concluded.

D. An agreement shall not contain any patient specific or patient health information that would be subject to the provisions of the Health Insurance Portability and Accountability Act of 1996, P.L. No. 104-191.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 37, Issue 12, eff. March 3, 2021.

Part II Wholesale Distributors and Third-Party Logistics Providers

18VAC110-50-60 Special or limited-use licenses

The board may issue a limited-use wholesale distributor license, limited-use nonresident wholesale distributor registration, limited-use manufacturer, limited-use nonresident manufacturer, limited-use third-party logistics provider permit, or limited-use nonresident third-party logistics provider registration to entities that do not engage in the wholesale distribution of prescription drugs or in the acts of a third-party logistics provider except medical gases and may waive certain requirements of regulation based on the limited nature of such distribution. The issuance of such a license shall be subject to continuing compliance with the conditions set forth by the board.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 24, eff. September 6, 2006; amended, Virginia Register Volume 33, Issue 19, eff. June 29, 2017; Volume 35, Issue 12, eff. March 22, 2019; Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-50-70 Minimum required information

A. The application form for a new license, registration as a nonresident wholesale distributor or a nonresident third-party logistics provider, or permit as a third-party logistics provider or any change of ownership shall include at least the following information:

The name, full business address, and telephone number of the applicant or licensee, registrant, or permit holder and name and telephone number of a designated contact person;
All trade or business names used by the applicant or licensee, registrant, or permit holder;
The federal employer identification number of the applicant or licensee, registrant, or permit holder;
The type of ownership and name of the owner of the entity, including:

a. If an individual, the name, address, and social security number or control number;

b. If a partnership, the name, address, and social security number or control number of each partner who is specifically responsible for the operations of the facility, and the name of the partnership and federal employer identification number;

c. If a corporation:

(1) The name and address of the corporation, federal employer identification number, state of incorporation, and the name and address of the resident agent of the corporation;

(2) The name, address, social security number or control number, and title of each corporate officer and director who is specifically responsible for the operations of the facility;

(3) For nonpublicly held corporations, the name and address of each shareholder that owns 10% or more of the outstanding stock of the corporation;

(4) The name, federal employer identification number, and state of incorporation of the parent company;

d. If a sole proprietorship, the full name, address, and social security number or control number of the sole proprietor and the name and federal employer identification number of the business entity;

e. If a limited liability company, the name and address of each member, the name and address of each manager, the name of the limited liability company and federal employer identification number, the name and address of the resident agent of the limited liability company, and the name of the state in which the limited liability company was organized;

Name, business address and telephone number, social security number or control number, and documentation of required qualifications as stated in 18VAC110-50-80 of the person who will serve as the responsible party;
A list of all states in which the entity is licensed, registered, or permitted to purchase, possess, and distribute prescription drugs, and into which it ships prescription drugs;
A list of all disciplinary actions imposed against the entity by state or federal regulatory bodies, including any such actions against the responsible party, principals, owners, directors, or officers over the last seven years;
A full description, for nonresident wholesale distributors, including the address, square footage, security and alarm system description, temperature and humidity control, and other relevant information of the facility or warehouse space used for prescription drug storage and distribution; and
An attestation providing a complete disclosure of any past criminal convictions and violations of the state and federal laws regarding drugs or devices or an affirmation and attestation that the applicant has not been involved in, or convicted of, any criminal or prohibited acts. Such attestation shall include the responsible party, principals, owners, directors, or officers.

B. An applicant or licensee, registrant, or permit holder shall notify the board of any changes to the information required in this section within 30 days of such change.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 24, eff. September 6, 2006; amended, Virginia Register Volume 29, Issue 21, eff. August 2, 2013; Volume 33, Issue 19, eff. June 29, 2017; Volume 35, Issue 12, eff. March 22, 2019.

18VAC110-50-80 Minimum licensure and permitting qualifications and eligibility; responsible party

A. The board shall use the following factors in determining the eligibility for licensure of wholesale distributors, registration of nonresident wholesale distributors or nonresident third-party logistics providers, and permitting of third-party logistics providers:

The existence of grounds to deny an application as set forth in § 54.1-3435.1 of the Code of Virginia;
The applicant's past experience in the manufacture or distribution of drugs or devices;
Compliance with the recordkeeping requirements;
Prior disciplinary action by a regulatory authority, prior criminal convictions, or ongoing investigations related to the manufacturing, distribution, prescribing, or dispensing of drugs by the responsible party or immediate family members of the responsible party, and owners, directors, or officers; and
The responsible party's credentials as set forth in subsection B of this section.

B. Requirements for the person named as the responsible party.

The responsible party shall be the primary contact person for the board as designated by the wholesale distributor, nonresident wholesale distributor, third-party logistics provider, or nonresident third-party logistics provider, who shall be responsible for managing the wholesale distribution operations at that location;
The responsible party shall have a minimum of two years of verifiable experience in a pharmacy or wholesale distributor or third-party logistics provider licensed, registered, or permitted in Virginia or another state where the person's responsibilities included managing or supervising the recordkeeping, storage, and shipment for drugs or devices;
A person may only serve as the responsible party for one wholesale distributor license, nonresident wholesale distributor registration, third-party logistics provider permit, or nonresident third-party logistics provider registration at any one time;
The responsible party shall be employed full time in a managerial position and actively engaged in daily operations of the wholesale distributor, nonresident wholesale distributor, third-party logistics provider, or nonresident third-party logistics provider;
The responsible party shall be present on a full-time basis at the location of the wholesale distributor, nonresident wholesale distributor, third-party logistics provider, or nonresident third-party logistics provider during normal business hours, except for time periods when absent due to illness, family illness or death, vacation, or other authorized absence; and
The responsible party shall be aware of, and knowledgeable about, all policies and procedures pertaining to the operations of the wholesale distributor, nonresident wholesale distributor, third-party logistics provider, or nonresident third-party logistics provider and all applicable state and federal laws related to wholesale distribution of prescription drugs or the legal acts of a third-party logistics provider.

C. The person named as the responsible party on the application shall submit the following with the application:

A passport size and quality photograph taken within 30 days of submission of the application;
A resume listing employment, occupations, or offices held for the past seven years including names, addresses, and telephone numbers of the places listed;
An attestation disclosing whether the person has a criminal conviction or is the subject of any pending criminal charges within or outside the Commonwealth;
A federal criminal history record check; and
A description of any involvement by the person with any business, including any investments, other than the ownership of stock in a publicly traded company or mutual fund, during the past seven years, that manufactured, administered, prescribed, distributed, or stored drugs and devices and any lawsuits, regulatory actions, or criminal convictions related to drug laws or laws concerning third-party logistics providers or wholesale distribution of prescription drugs in which such businesses were named as a party.

D. Responsibilities of the responsible party.

Ensuring that any employee engaged in operations is adequately trained in the requirements for the lawful and appropriate wholesale distribution of prescription drugs or the legal acts of a third-party logistics provider;
Requiring any employee who has access to prescription drugs to attest that the employee has not been convicted of a violation of any federal or state drug law or any law relating to third-party logistics providers or to the manufacture, distribution, or dispensing of prescription drugs;
Maintaining current working knowledge of requirements for wholesale distributors or third-party logistics providers and assuring continued training for employees;
Maintaining proper security, storage, and shipping conditions for all prescription drugs; and
Maintaining all required records.

E. Each nonresident wholesale distributor or nonresident third-party logistics provider shall designate a registered agent in Virginia for service of any notice or other legal document. Any nonresident wholesale distributor or nonresident third-party logistics provider that does not designate a registered agent shall be deemed to have designated the Secretary of the Commonwealth to be its true and lawful agent, upon whom may be served all legal process in any action or proceeding against such nonresident wholesale distributor or nonresident third-party logistics provider. A copy of any such service of legal documents shall be mailed to the nonresident wholesale distributor or nonresident third-party logistics provider by the board by certified mail at the address of record.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 24, eff. September 6, 2006; amended, Virginia Register Volume 29, Issue 21, eff. August 2, 2013; Volume 33, Issue 19, eff. June 29, 2017; Volume 35, Issue 12, eff. March 22, 2019; Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-50-90 Minimum requirements for the storage, handling, transport, and shipment of prescription drugs

A. All locations where prescription drugs are received, stored, warehoused, handled, held, offered, marketed, displayed, or transported from shall:

Be of suitable construction to ensure that all drugs and devices in the facilities are maintained in accordance with the labeling of such drugs and devices or with official USP-NF compendium standards;
Be of suitable size and construction to facilitate cleaning, maintenance, and proper wholesale distribution operations;
Have adequate storage areas to provide adequate lighting, ventilation, temperature, sanitation, humidity, space, equipment, and security conditions;
Have a quarantine area for storage of drugs and devices that are outdated, damaged, deteriorated, misbranded, adulterated, counterfeit or suspected of being counterfeit, otherwise unfit for distribution, or that are in immediate or sealed secondary containers that have been opened;
Be maintained in a clean and orderly condition; and
Be free from infestation of any kind.

B. The facility shall provide for the secure and confidential storage of information with restricted access and policies and procedures to protect the integrity and confidentiality of the information.

C. The facility shall provide and maintain appropriate inventory controls in order to detect and document any theft, counterfeiting, or diversion of prescription drugs.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 24, eff. September 6, 2006.

18VAC110-50-100 Examination of drug shipments and accompanying documents

A. Upon receipt, each shipping container shall be visually examined for identity to determine if it may contain contaminated, contraband, counterfeit, suspected of being counterfeit, or damaged drugs, or drugs or devices that are otherwise unfit for distribution. This examination shall be adequate to reveal container damage that would suggest possible contamination, adulteration, misbranding, counterfeiting, suspected counterfeiting, or other damage to the contents.

B. Upon receipt of drugs, a wholesale distributor, nonresident wholesale distributor, third-party logistics provider, or nonresident third-party logistics provider must review records for accuracy, completeness, and the integrity of the drugs considering the total facts and circumstances surrounding the transactions and the wholesale distributor, nonresident wholesale distributor, third-party logistics provider, or nonresident third-party logistics provider involved.

C. Each outgoing shipment shall be carefully inspected for identity of the drugs and to ensure that there is no delivery of drugs that have been damaged in storage or held under improper conditions.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 24, eff. September 6, 2006; amended, Virginia Register Volume 33, Issue 19, eff. June 29, 2017; Volume 35, Issue 12, eff. March 22, 2019.

18VAC110-50-110 Returned, damaged, and counterfeit drugs; investigations

A. Any drug or device returned to a manufacturer, another wholesale distributor, or a third-party logistics provider shall be kept under the proper conditions and documentation showing that proper conditions were maintained shall be provided to the manufacturer, wholesale distributor, nonresident wholesale distributor, third-party logistics provider, or nonresident third-party logistics provider to which the drugs are returned.

B. Any drug or device that, or any drug whose immediate or sealed outer or secondary container or labeling, is outdated, damaged, deteriorated, misbranded, adulterated, counterfeited, suspected of being counterfeited or adulterated, or otherwise deemed unfit for human consumption shall be quarantined and physically separated from other drugs and devices until its appropriate disposition.

C. When a drug or device is adulterated, misbranded, counterfeited, or suspected of being counterfeit, or when the immediate or sealed outer or secondary container or labeling of any drug or device is adulterated, misbranded other than misbranding identified by the manufacturer through a recall or withdrawal, counterfeited, or suspected of being counterfeit, the wholesale distributor, nonresident wholesale distributor, third-party logistics provider, or nonresident third-party logistics provider shall:

Provide notice to the board and the manufacturer, wholesale distributor, or third-party logistics provider from which such drug or device was acquired within three business days of that determination.
Maintain any such drug or device, its containers and labeling, and its accompanying documentation or any evidence of criminal activity until its disposition by the appropriate state and federal government authorities.

D. The wholesale distributor, nonresident wholesale distributor, third-party logistics provider, or nonresident third-party logistics provider shall fully cooperate with authorities conducting any investigation of counterfeiting or suspected counterfeiting to include the provision of any records related to receipt or distribution of the suspect drug or device.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 24, eff. September 6, 2006; amended, Virginia Register Volume 33, Issue 19, eff. June 29, 2017; Volume 35, Issue 12, eff. March 22, 2019.

18VAC110-50-120 Policies and procedures

All wholesale distributors, nonresident wholesale distributors, third-party logistics providers, or nonresident third-party logistics providers shall establish, maintain, and adhere to written policies and procedures for the proper receipt, security, storage, inventory, and distribution of prescription drugs. Wholesale distributors, nonresident wholesale distributors, third-party logistics providers, or nonresident third-party logistics providers shall include in their policies and procedures at least the following:

A procedure for reporting thefts or losses of prescription drugs to the board and other appropriate authorities;
A procedure whereby the oldest approved stock of a prescription drug is distributed first. The procedure may permit deviation from this process provided the deviation is temporary and appropriate for the distribution;
A procedure for handling recalls and withdrawals of prescription drugs and devices;
Procedures for preparing for, protecting against, and handling emergency situations that affect the security and integrity of drugs or the operations of the wholesale distributor, nonresident wholesale distributor, third-party logistics provider, or nonresident third-party logistics provider;
A procedure to ensure that outdated drugs are segregated from other drugs to include the disposition of such drugs;
A procedure to ensure initial and ongoing training of all employees;
A procedure for ensuring, both initially and on an ongoing basis, that persons with access to prescription drugs have not been convicted of a violation of a drug law or any law related to wholesale distribution of prescription drugs or to third-party logistics providers; and
A procedure for reporting counterfeit or suspected counterfeit prescription drugs or counterfeiting or suspected counterfeiting activities to the board and other appropriate law enforcement or regulatory agencies.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 24, eff. September 6, 2006; amended, Virginia Register Volume 33, Issue 19, eff. June 29, 2017; Volume 35, Issue 12, eff. March 22, 2019.

18VAC110-50-130 Recordkeeping

A. All records and documentation required in this subsection shall be maintained and made available for inspection and photocopying upon request by an authorized agent of the board for a period of three years following the date the record was created or received by the wholesale distributor, nonresident wholesale distributor, third-party logistics provider, or nonresident third-party logistics provider. If records are not maintained onpremises at the address of record, they shall be made available within 48 hours of such request. A wholesale distributor, nonresident wholesale distributor, third-party logistics provider, or nonresident third party logistics provider shall establish and maintain the following:

Unless otherwise indicated in federal law, inventories and records of all transactions, including the dates of receipt and distribution or other disposition or provision, and records related to the federal requirements for an electronic, interoperable system to identify, trace, and verify prescription drugs as they are distributed;
Records documenting monitoring of environmental conditions to ensure compliance with the storage requirements as required in 18VAC110-50-50;
Documentation of visual inspection of drugs and accompanying documents required in 18VAC110-50-100, including the date of such inspection and the identity of the person conducting the inspection;
Documentation of quarantine of any product and steps taken for the proper reporting and disposition of the product, including the handling and disposition of all outdated, damaged, deteriorated, misbranded, or adulterated drugs;
An ongoing list of persons or entities from whom it receives prescription drugs and persons or entities to whom it distributes prescription drugs or provides prescription drugs as a third-party logistics provider or nonresident third-party logistics provider; and
Copies of the mandated report of thefts or unusual losses of Schedules II through V controlled substances in compliance with the requirements of § 54.1-3404 of the Code of Virginia.

B. Records shall either (i) be kept at the inspection site or immediately retrievable by computer or other electronic means and made readily available at the time of inspection or (ii) if kept at a central location and not electronically retrievable at the inspection site, be made available for inspection within 48 hours of a request by an authorized agent of the board.

C. All facilities shall have adequate backup systems to protect against the inadvertent loss or deliberate destruction of data.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 24, eff. September 6, 2006; amended, Virginia Register Volume 33, Issue 19, eff. June 29, 2017; Volume 35, Issue 12, eff. March 22, 2019.

18VAC110-50-140 Due diligence

A. Prior to the initial purchase of prescription drugs from another wholesale distributor or third-party logistics provider not residing and licensed in Virginia, a wholesale distributor or third-party logistics provider shall obtain, and update annually, the following information from the selling wholesale distributor or third-party logistics provider:

A copy of the license to wholesale distribute or act as a third-party logistics provider from the resident state. If the resident state does not require licensure as a third-party logistics provider, documentation confirming active registration with the U.S. Food and Drug Administration is acceptable;
The most recent facility inspection report, if available;
A list of other names under which the wholesale distributor or third-party logistics provider is doing business, or was formerly known as;
A list of principals, directors, officers, or any shareholder who owns 10% or more of outstanding stock in any nonpublicly held corporation;
A list of all disciplinary actions by state and federal agencies;
A description, including the address, dimensions, and other relevant information, of each facility or warehouse used for drug storage and distribution or for the legal acts of a third-party logistics provider; and
A listing of any manufacturers for whom the wholesale distributor or third-party logistics provider is an authorized distributor of record.

B. If the selling wholesale distributor's or third-party logistics provider's facility has not been inspected by the resident board or the board's agent within three years of the contemplated purchase, the purchasing wholesale distributor or third-party logistics provider may conduct an inspection of the wholesale distributor's or third-party logistics provider's facility prior to the first purchase of drugs or devices from another wholesale distributor or third-party logistics provider to ensure compliance with applicable laws and regulations relating to the storage and handling of drugs or devices. A third party may be engaged to conduct the site inspection on behalf of the purchasing wholesale distributor or third-party logistics provider.

C. Prior to the first purchase of drugs from another wholesale distributor or third-party logistics provider not residing in and licensed in Virginia, the purchasing wholesale distributor or third-party logistics provider shall secure a national criminal background check of all of the wholesale distributor's or third-party logistics provider's owners, corporate officers, and the person named as the responsible party with the resident board or licensing agency.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 24, eff. September 6, 2006; amended, Virginia Register Volume 33, Issue 19, eff. June 29, 2017.

Part III Manufacturers

18VAC110-50-150 Good manufacturing practices

A. The Good Manufacturing Practice for Finished Pharmaceuticals regulations set forth in 21 CFR Part 211 are adopted by reference.

B. Each manufacturer or nonresident manufacturer of drugs shall comply with the requirements set forth in the federal regulations referred to in subsection A of this section.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 24, eff. September 6, 2006; amended, Virginia Register Volume 33, Issue 19, eff. June 29, 2017.

18VAC110-50-160 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 24, Issue 10, eff. February 20, 2008; repealed, Virginia Register Volume 33, Issue 19, eff. June 29, 2017.

18VAC110-50-170 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 24, Issue 10, eff. February 20, 2008; repealed, Virginia Register Volume 33, Issue 19, eff. June 29, 2017.

18VAC110-50-180 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 24, Issue 10, eff. February 20, 2008; repealed, Virginia Register Volume 33, Issue 19, eff. June 29, 2017.

18VAC110-50-190 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 24, Issue 10, eff. February 20, 2008; repealed, Virginia Register Volume 33, Issue 19, eff. June 29, 2017.

Chapter 60 Regulations Governing Pharmaceutical Processors [Repealed]

Part I General Provisions [Repealed]

18VAC110-60-10 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 23, eff. August 7, 2019; amended, Virginia Register Volume 37, Issue 1, eff. September 30, 2020; Volume 37, Issue 25, eff. September 1, 2021; Volume 38, Issue 11, eff. February 16, 2022; Volume 39, Issue 24, eff. August 16, 2023; repealed, Virginia Register Volume 40, Issue 17, eff. April 8, 2024.

18VAC110-60-20 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 23, eff. August 7, 2019; amended, Virginia Register Volume 37, Issue 1, eff. September 30, 2020; Volume 37, Issue 12, eff. March 18, 2021; Errata 37:14 VA.R. 2151 March 1, 2021; Volume 37, Issue 25, eff. September 1, 2021; Volume 39, Issue 24, eff. August 16, 2023; repealed, Virginia Register Volume 40, Issue 17, eff. April 8, 2024.

Part II Requirements for Practitioners and Patients [Repealed]

18VAC110-60-30 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 23, eff. August 7, 2019; amended, Virginia Register Volume 37, Issue 1, eff. September 30, 2020; Volume 37, Issue 25, eff. September 1, 2021; repealed, Virginia Register Volume 40, Issue 17, eff. April 8, 2024.

18VAC110-60-40 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 23, eff. August 7, 2019; amended, Virginia Register Volume 37, Issue 1, eff. September 30, 2020; Volume 37, Issue 25, eff. September 1, 2021; repealed, Virginia Register Volume 40, Issue 17, eff. April 8, 2024.

18VAC110-60-50 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 23, eff. August 7, 2019; amended, Virginia Register Volume 37, Issue 1, eff. September 30, 2020; Volume 37, Issue 25, eff. September 1, 2021; Volume 39, Issue 24, eff. August 16, 2023; repealed, Virginia Register Volume 40, Issue 17, eff. April 8, 2024.

18VAC110-60-60 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 23, eff. August 7, 2019; amended, Virginia Register Volume 37, Issue 1, eff. September 30, 2020; Volume 37, Issue 25, eff. September 1, 2021; Volume 39, Issue 24, eff. August 16, 2023; repealed, Virginia Register Volume 40, Issue 17, eff. April 8, 2024.

18VAC110-60-70 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 23, eff. August 7, 2019; amended, Virginia Register Volume 37, Issue 1, eff. September 30, 2020; Volume 37, Issue 25, eff. September 1, 2021; Volume 39, Issue 24, eff. August 16, 2023; repealed, Virginia Register Volume 40, Issue 17, eff. April 8, 2024.

18VAC110-60-80 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 23, eff. August 7, 2019; amended, Virginia Register Volume 37, Issue 1, eff. September 30, 2020; Volume 37, Issue 25, eff. September 1, 2021; Volume 39, Issue 24, eff. August 16, 2023; repealed, Virginia Register Volume 40, Issue 17, eff. April 8, 2024.

18VAC110-60-90 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 23, eff. August 7, 2019; amended, Virginia Register Volume 37, Issue 1, eff. September 30, 2020; Volume 37, Issue 25, eff. September 1, 2021; Volume 39, Issue 24, eff. August 16, 2023; repealed, Virginia Register Volume 40, Issue 17, eff. April 8, 2024.

Part III Application and Approval Process for Pharmaceutical Processors and Cannabis Dispensing Facilities [Repealed]

18VAC110-60-100 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 23, eff. August 7, 2019; repealed, Virginia Register Volume 40, Issue 17, eff. April 8, 2024.

18VAC110-60-110 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 23, eff. August 7, 2019; amended, Virginia Register Volume 37, Issue 1, eff. September 30, 2020; Volume 37, Issue 25, eff. September 1, 2021; repealed, Virginia Register Volume 40, Issue 17, eff. April 8, 2024.

18VAC110-60-120 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 23, eff. August 7, 2019; amended, Virginia Register Volume 37, Issue 1, eff. September 30, 2020; Volume 37, Issue 25, eff. September 1, 2021; repealed, Virginia Register Volume 40, Issue 17, eff. April 8, 2024.

18VAC110-60-130 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 23, eff. August 7, 2019; amended, Virginia Register Volume 37, Issue 1, eff. September 30, 2020; Volume 37, Issue 25, eff. September 1, 2021; repealed, Virginia Register Volume 40, Issue 17, eff. April 8, 2024.

18VAC110-60-135 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 37, Issue 25, eff. September 1, 2021; repealed, Virginia Register Volume 40, Issue 17, eff. April 8, 2024.

18VAC110-60-136 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 37, Issue 25, eff. September 1, 2021; repealed, Virginia Register Volume 40, Issue 17, eff. April 8, 2024.

18VAC110-60-140 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 23, eff. August 7, 2019; amended, Virginia Register Volume 37, Issue 25, eff. September 1, 2021; Volume 39, Issue 24, eff. August 16, 2023; repealed, Virginia Register Volume 40, Issue 17, eff. April 8, 2024.

18VAC110-60-150 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 23, eff. August 7, 2019; amended, Virginia Register Volume 37, Issue 25, eff. September 1, 2021; repealed, Virginia Register Volume 40, Issue 17, eff. April 8, 2024.

18VAC110-60-160 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 23, eff. August 7, 2019; amended, Virginia Register Volume 37, Issue 1, eff. September 30, 2020; Volume 37, Issue 25, eff. September 1, 2021; Volume 38, Issue 11, eff. February 16, 2022; Volume 39, Issue 24, eff. August 16, 2023; repealed, Virginia Register Volume 40, Issue 17, eff. April 8, 2024.

Part IV Requirements for Pharmaceutical Processor Personnel [Repealed]

18VAC110-60-170 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 23, eff. August 7, 2019; amended, Virginia Register Volume 37, Issue 1, eff. September 30, 2020; Volume 37, Issue 25, eff. September 1, 2021; repealed, Virginia Register Volume 40, Issue 17, eff. April 8, 2024.

18VAC110-60-180 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 23, eff. August 7, 2019; amended, Virginia Register Volume 37, Issue 1, eff. September 30, 2020; Volume 37, Issue 25, eff. September 1, 2021; repealed, Virginia Register Volume 40, Issue 17, eff. April 8, 2024.

18VAC110-60-190 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 23, eff. August 7, 2019; amended, Virginia Register Volume 37, Issue 1, eff. September 30, 2020; Volume 37, Issue 25, eff. September 1, 2021; Volume 38, Issue 11, eff. February 16, 2022; Volume 39, Issue 24, eff. August 16, 2023; repealed, Virginia Register Volume 40, Issue 17, eff. April 8, 2024.

18VAC110-60-195 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 37, Issue 25, eff. September 1, 2021; repealed, Virginia Register Volume 40, Issue 17, eff. April 8, 2024.

18VAC110-60-200 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 23, eff. August 7, 2019; amended, Virginia Register Volume 37, Issue 1, eff. September 30, 2020; Volume 37, Issue 25, eff. September 1, 2021; Volume 39, Issue 24, eff. August 16, 2023; repealed, Virginia Register Volume 40, Issue 17, eff. April 8, 2024.

Part V Operation of a Pharmaceutical Processor [Repealed]

18VAC110-60-210 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 23, eff. August 7, 2019; amended, Virginia Register Volume 37, Issue 1, eff. September 30, 2020; Volume 37, Issue 25, eff. September 1, 2021; Volume 38, Issue 18, eff. May 25, 2022; Volume 39, Issue 24, eff. August 16, 2023; repealed, Virginia Register Volume 40, Issue 17, eff. April 8, 2024.

18VAC110-60-215 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 37, Issue 25, eff. September 1, 2021; amended, Virginia Register Volume 39, Issue 24, eff. August 16, 2023; repealed, Virginia Register Volume 40, Issue 17, eff. April 8, 2024.

18VAC110-60-220 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 23, eff. August 7, 2019; amended, Virginia Register Volume 37, Issue 1, eff. September 30, 2020; Volume 37, Issue 25, eff. September 1, 2021; Volume 39, Issue 24, eff. August 16, 2023; repealed, Virginia Register Volume 40, Issue 17, eff. April 8, 2024.

18VAC110-60-230 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 23, eff. August 7, 2019; amended, Virginia Register Volume 37, Issue 1, eff. September 30, 2020; Volume 37, Issue 25, eff. September 1, 2021; Volume 38, Issue 11, eff. February 16, 2022; Volume 39, Issue 24, eff. August 16, 2023; repealed, Virginia Register Volume 40, Issue 17, eff. April 8, 2024.

18VAC110-60-240 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 23, eff. August 7, 2019; amended, Virginia Register Volume 37, Issue 1, eff. September 30, 2020; Volume 37, Issue 25, eff. September 1, 2021; Errata, 38:1 VA.R. 172 August 30, 2021; repealed, Virginia Register Volume 40, Issue 17, eff. April 8, 2024.

18VAC110-60-250 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 23, eff. August 7, 2019; amended, Virginia Register Volume 37, Issue 1, eff. September 30, 2020; Volume 37, Issue 25, eff. September 1, 2021; Volume 39, Issue 24, eff. August 16, 2023; repealed, Virginia Register Volume 40, Issue 17, eff. April 8, 2024.

18VAC110-60-251 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 37, Issue 25, eff. September 1, 2021; amended, Virginia Register Volume 39, Issue 24, eff. August 16, 2023; repealed, Virginia Register Volume 40, Issue 17, eff. April 8, 2024.

18VAC110-60-260 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 23, eff. August 7, 2019; amended, Virginia Register Volume 37, Issue 1, eff. September 30, 2020; Volume 37, Issue 25, eff. September 1, 2021; repealed, Virginia Register Volume 40, Issue 17, eff. April 8, 2024.

18VAC110-60-270 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 23, eff. August 7, 2019; amended, Virginia Register Volume 37, Issue 1, eff. September 30, 2020; Volume 37, Issue 25, eff. September 1, 2021; repealed, Virginia Register Volume 40, Issue 17, eff. April 8, 2024.

Part VI Cultivation, Production, and Dispensing of Cannabis Products [Repealed]

18VAC110-60-280 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 23, eff. August 7, 2019; amended, Virginia Register Volume 37, Issue 01, eff. September 30, 2020; Volume 37, Issue 12, eff. March 18, 2021; Volume 37, Issue 25, eff. September 1, 2021; Volume 39, Issue 24, eff. August 16, 2023; repealed, Virginia Register Volume 40, Issue 17, eff. April 8, 2024.

18VAC110-60-281 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 39, Issue 24, eff. August 16, 2023; repealed, Virginia Register Volume 40, Issue 17, eff. April 8, 2024.

18VAC110-60-285 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 23, eff. August 7, 2019; amended, Virginia Register Volume 37, Issue 1, eff. September 30, 2020; Volume 37, Issue 25, eff. September 1, 2021; Volume 39, Issue 24, eff. August 16, 2023; repealed, Virginia Register Volume 40, Issue 17, eff. April 8, 2024.

18VAC110-60-290 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 23, eff. August 7, 2019; amended, Virginia Register Volume 37, Issue 1, eff. September 30, 2020; Volume 37, Issue 25, eff. September 1, 2021; Volume 39, Issue 24, eff. August 16, 2023; repealed, Virginia Register Volume 40, Issue 17, eff. April 8, 2024.

18VAC110-60-295 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 39, Issue 24, eff. August 16, 2023; repealed, Virginia Register Volume 40, Issue 17, eff. April 8, 2024.

18VAC110-60-300 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 23, eff. August 7, 2019; amended, Virginia Register Volume 37, Issue 1, eff. September 30, 2020; Volume 37, Issue 25, eff. September 1, 2021; Errata, 38:1 VA.R. 172 August 30, 2021; Volume 38, Issue 11, eff. February 16, 2022; Volume 39, Issue 24, eff. August 16, 2023; repealed, Virginia Register Volume 40, Issue 17, eff. April 8, 2024.

18VAC110-60-310 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 23, eff. August 7, 2019; amended, Virginia Register Volume 37, Issue 1, eff. September 30, 2020; Volume 37, Issue 25, eff. September 1, 2021; Volume 38, Issue 18, eff. May 25, 2022; Volume 39, Issue 24, eff. August 16, 2023; repealed, Virginia Register Volume 40, Issue 17, eff. April 8, 2024.

18VAC110-60-320 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 23, eff. August 7, 2019; amended, Virginia Register Volume 37, Issue 25, eff. September 1, 2021; Volume 39, Issue 24, eff. August 16, 2023; repealed, Virginia Register Volume 40, Issue 17, eff. April 8, 2024.

18VAC110-60-321 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 37, Issue 25, eff. September 1, 2021; repealed, Virginia Register Volume 40, Issue 17, eff. April 8, 2024.

18VAC110-60-330 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 35, Issue 23, eff. August 7, 2019; amended, Virginia Register Volume 37, Issue 1, eff. September 30, 2020; Volume 37, Issue 25, eff. September 1, 2021; Volume 39, Issue 24, eff. August 16, 2023; repealed, Virginia Register Volume 40, Issue 17, eff. April 8, 2024.

Agency 112 Board of Physical Therapy

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

18VAC112-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Board of Physical Therapy. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

18VAC112-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Board of Physical Therapy, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

Part II Notification of Interested Persons

18VAC112-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

18VAC112-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 18VAC112-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

Part III Public Participation Procedures

18VAC112-11-50 Public comment

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008; amended, Virginia Register Volume 33, Issue 12, eff. March 23, 2017.

18VAC112-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

18VAC112-11-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

18VAC112-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

18VAC112-11-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

18VAC112-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

18VAC112-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

Chapter 20 Regulations Governing the Practice of Physical Therapy

Part I General Provisions

18VAC112-20-10 Definitions

In addition to the words and terms defined in §§ 54.1-3473 and 54.1-3486 of the Code of Virginia, the following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Active practice" means a minimum of 320 hours of professional practice as a physical therapist or physical therapist assistant within the 48-month period immediately preceding renewal. Active practice may include supervisory, administrative, educational, or consultative activities or responsibilities for the delivery of such services.

"Approved program" means an educational program accredited by CAPTE.

"CAPTE" means the Commission on Accreditation in Physical Therapy Education of the American Physical Therapy Association.

"Compact" means the Physical Therapy Licensure Compact (§ 54.1-3485 of the Code of Virginia).

"Contact hour" means 60 minutes of time spent in continuing learning activity exclusive of breaks, meals, or vendor exhibits.

"Direct supervision" means a physical therapist or a physical therapist assistant is physically present and immediately available and is fully responsible for the physical therapy tasks or activities being performed.

"Discharge" means the discontinuation of interventions in an episode of care that have been provided in an unbroken sequence in a single practice setting and related to the physical therapy interventions for a given condition or problem.

"Encounter" means an interaction between a patient and a physical therapist or physical therapist assistant for the purpose of providing health care services or assessing the health and therapeutic status of a patient.

"Evaluation" means a process in which the physical therapist makes clinical judgments based on data gathered during an examination or screening in order to plan and implement a treatment intervention, provide preventive care, reduce risks of injury and impairment, or provide for consultation.

"FCCPT" means the Foreign Credentialing Commission on Physical Therapy.

"FSBPT" means the Federation of State Boards of Physical Therapy.

"General supervision" means a physical therapist shall be available for consultation.

"National examination" means the examinations developed and administered by the Federation of State Boards of Physical Therapy and approved by the board for licensure as a physical therapist or physical therapist assistant.

"Physical Therapy Compact Commission" or "commission" means the national administrative body whose membership consists of all states that have enacted the compact.

"Reevaluation" means a process in which the physical therapist makes clinical judgments based on data gathered during an examination or screening in order to determine a patient's response to the treatment plan and care provided.

"Support personnel" means a person who is performing designated routine tasks related to physical therapy under the direction and supervision of a physical therapist or physical therapist assistant within the scope of this chapter.

"TOEFL" means the Test of English as a Foreign Language.

"Trainee" means a person seeking licensure as a physical therapist or physical therapist assistant who is undergoing a traineeship.

"Traineeship" means a period of active clinical practice during that an applicant for licensure as a physical therapist or physical therapist assistant works under the direct supervision of a physical therapist approved by the board.

"TSE" means the Test of Spoken English.

"Type 1" means continuing learning activities offered by an approved organization as specified in 18VAC112-20-131.

"Type 2" means continuing learning activities that may or may not be offered by an approved organization but shall be activities considered by the learner to be beneficial to practice or to continuing learning.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 25, eff. September 27, 2000; amended, Virginia Register Volume 17, Issue 25, eff. September 12, 2001; Volume 19, Issue 1, eff. October 23, 2002; Volume 20, Issue 24, eff. September 8, 2004; Volume 25, Issue 26, eff. September 30, 2009; Volume 29, Issue 21, eff. July 17, 2013; Volume 30, Issue 10, eff. February 27, 2014; Volume 34, Issue 10, eff. February 7, 2018; Volume 37, Issue 14, eff. April 30, 2021; Volume 37, Issue 17, eff. May 12, 2021.

18VAC112-20-20 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 16, Issue 25, eff. September 27, 2000; repealed, Virginia Register Volume 20, Issue 24, eff. September 8, 2004.

18VAC112-20-25 Current name and address

Each licensee shall furnish the board his current name and address of record. All notices required by law or by this chapter to be given by the board to any licensee shall be validly given when sent to the latest address of record provided or when served to the licensee. Any change of name or change in the address of record or the public address, if different from the address of record, shall be furnished to the board within 30 days of such change.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3474 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 25, eff. September 27, 2000; amended, Virginia Register Volume 25, Issue 17, eff. July 1, 2009; Volume 37, Issue 14, eff. April 30, 2021.

18VAC112-20-26 Criteria for delegation of informal fact-finding proceedings to an agency subordinate

A. Decision to delegate. In accordance with subdivision 10 of § 54.1-2400 of the Code of Virginia, the board may delegate an informal fact-finding proceeding to an agency subordinate.

B. Criteria for delegation. Cases that may not be delegated to an agency subordinate include those that involve:

Intentional or negligent conduct that causes or is likely to cause injury to a patient;
Mandatory suspension resulting from action by another jurisdiction or a felony conviction;
Impairment with an inability to practice with skill and safety;
Sexual misconduct; and
Unauthorized practice.

C. Criteria for an agency subordinate.

An agency subordinate authorized by the board to conduct an informal fact-finding proceeding may include board members and professional staff or other persons deemed knowledgeable by virtue of training and experience in administrative proceedings involving the regulation and discipline of health professionals.
The executive director shall maintain a list of appropriately qualified persons to whom an informal fact-finding proceeding may be delegated.
The board may delegate to the executive director the selection of the agency subordinate who is deemed appropriately qualified to conduct a proceeding based on the qualifications of the subordinate and the type of case being heard.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3474 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 21, Issue 19, eff. June 29, 2005; amended, Virginia Register Volume 40, Issue 24, eff. September 26, 2024.

18VAC112-20-27 Fees

A. Unless otherwise provided, fees listed in this section shall not be refundable.

B. Licensure by examination. The application fee shall be $140 for a physical therapist and $100 for a physical therapist assistant.

C. Licensure by endorsement. The fee for licensure by endorsement shall be $140 for a physical therapist and $100 for a physical therapist assistant.

D. Licensure renewal and reinstatement.

The fee for active license renewal for a physical therapist shall be $135 and for a physical therapist assistant shall be $70 and shall be due by December 31 in each even-numbered year.
The fee for an inactive license renewal for a physical therapist shall be $70 and for a physical therapist assistant shall be $35 and shall be due by December 31 in each even-numbered year.
A fee of $50 for a physical therapist and $25 for a physical therapist assistant for processing a late renewal within one renewal cycle shall be paid in addition to the renewal fee.
The fee for reinstatement of a license that has been expired for two or more years shall be $180 for a physical therapist and $120 for a physical therapist assistant and shall be submitted with an application for licensure reinstatement.

E. Other fees.

The fee for an application for reinstatement of a license that has been revoked shall be $1,000; the fee for an application for reinstatement of a license that has been suspended shall be $500.
The fee for a duplicate license shall be $5.00, and the fee for a duplicate wall certificate shall be $15.
The handling fee for a returned check or a dishonored credit card or debit card shall be $50.
The fee for a letter of good standing or verification to another jurisdiction shall be $10.
The application fee for direct access certification shall be $75 for a physical therapist to obtain certification to provide services without a referral.
The state fee for obtaining or renewing a compact privilege to practice in Virginia shall be $50.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 30, Issue 10, eff. February 27, 2014; amended, Virginia Register Volume 32, Issue 3, eff. November 4, 2015; Volume 36, Issue 11, eff. March 5, 2020; Volume 37, Issue 03, eff. October 28, 2020; Volume 37, Issue 17, eff. May 12, 2021; Volume 41, Issue 20, eff. June 18, 2025.

Part II Licensure: General Requirements

18VAC112-20-30 General requirements

Licensure as a physical therapist or physical therapist assistant shall be by examination or by endorsement.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3475 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 25, eff. September 27, 2000.

18VAC112-20-40 Education requirements: graduates of approved programs

A. An applicant for licensure who is a graduate of an approved program shall submit documented evidence of his graduation from such a program with the required application and fee.

B. If an applicant is a graduate of an approved program located outside of the United States or Canada, he shall provide proof of proficiency in the English language by passing TOEFL and TSE or the TOEFL iBT, the Internet-based tests of listening, reading, speaking and writing by a score determined by the board or an equivalent examination approved by the board. TOEFL iBT or TOEFL and TSE may be waived upon evidence that the applicant's physical therapy program was taught in English or that the native tongue of the applicant's nationality is English.

History

Statutory Authority: § 54.1-2400 and Chapter 34.1 (§ 54.1-3473 et seq.) of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 25, eff. September 27, 2000; amended, Virginia Register Volume 20, Issue 24, eff. September 8, 2004; Volume 25, Issue 26, eff. September 30, 2009.

18VAC112-20-50 Education requirements: graduates of schools not approved by an accrediting agency approved by the board

A. An applicant for initial licensure as a physical therapist who is a graduate of a school not approved by an accrediting agency approved by the board shall submit the required application and fee and provide documentation of the physical therapist's certification by a report from the FCCPT or of the physical therapist eligibility for licensure as verified by a report from any other credentialing agency approved by the board that substantiates that the physical therapist has been evaluated in accordance with requirements of subsection B of this section.

B. The board shall only approve a credentialing agency that:

Utilizes the FSBPT Coursework Evaluation Tool for Foreign Educated Physical Therapists, as required to sit for FSBPT examination, and utilizes original source documents to establish substantial equivalency to an approved physical therapy program;
Conducts a review of any license or registration held by the physical therapist in any country or jurisdiction to ensure that the license or registration is current and unrestricted or was unrestricted at the time it expired or was lapsed; and
Verifies English language proficiency by passage of the TOEFL and TSE examination or the TOEFL iBT, the Internet-based tests of listening, reading, speaking, and writing or by review of evidence that the applicant's physical therapy program was taught in English or that the native tongue of the applicant's nationality is English.

C. An applicant for licensure as a physical therapist assistant who is a graduate of a school not approved by the board shall submit with the required application and fee the following:

Proof of proficiency in the English language by passing TOEFL and TSE or the TOEFL iBT, the Internet-based tests of listening, reading, speaking, and writing by a score determined by the board or an equivalent examination approved by the board. TOEFL iBT or TOEFL and TSE may be waived upon evidence that the applicant's physical therapist assistant program was taught in English or that the native tongue of the applicant's nationality is English.
A copy of the original certificate or diploma that has been certified as a true copy of the original by a notary public, verifying the applicant's graduation from a physical therapy curriculum. If the certificate or diploma is not in the English language, submit either:

a. An English translation of such certificate or diploma by a qualified translator other than the applicant; or

b. An official certification in English from the school attesting to the applicant's attendance and graduation date.

Verification of the equivalency of the applicant's education to the educational requirements of an approved program for physical therapist assistants from a scholastic credentials service approved by the board and based upon the FSBPT coursework tool for physical therapist assistants.

D. An applicant for initial licensure as a physical therapist or a physical therapist assistant who is not a graduate of an approved program shall also submit verification of having successfully completed a 1,000-hour traineeship within a two-year period under the direct supervision of a licensed physical therapist. The board may grant an extension beyond two years for circumstances beyond the control of the applicant, such as temporary disability, officially declared disasters, or mandatory military service.

The traineeship shall be in accordance with requirements in 18VAC112-20-140.
The traineeship requirements of this part may be waived if the applicant for a license can verify, in writing, the successful completion of one year of clinical physical therapy practice as a licensed physical therapist or physical therapist assistant in the United States, its territories, the District of Columbia, or Canada, equivalent to the requirements of this chapter.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3474 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 25, eff. September 27, 2000; amended, Virginia Register Volume 20, Issue 24, eff. September 8, 2004; Volume 22, Issue 23, eff. August 23, 2006; Volume 25, Issue 26, eff. September 30, 2009; Volume 29, Issue 21, eff. July 17, 2013; Volume 37, Issue 14, eff. April 30, 2021.

18VAC112-20-60 Requirements for licensure by examination

Every applicant for initial licensure by examination shall submit:

Documentation of having met the educational requirements specified in 18VAC112-20-40 or 18VAC112-20-50;
The required application, fees, and credentials to the board, including a criminal history background check as required by § 54.1-3484 of the Code of Virginia; and
Documentation of passage of the national examination as prescribed by the board.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 25, eff. September 27, 2000; amended, Virginia Register Volume 20, Issue 24, eff. September 8, 2004; Volume 25, Issue 26, eff. September 30, 2009; Volume 30, Issue 10, eff. February 27, 2014; Volume 37, Issue 17, eff. May 12, 2021.

18VAC112-20-65 Requirements for licensure by endorsement

A. A physical therapist or physical therapist assistant who holds a current, unrestricted license in the United States, its territories, the District of Columbia, or Canada may be licensed in Virginia by endorsement.

B. An applicant for licensure by endorsement shall submit:

Documentation of having met the educational requirements prescribed in 18VAC112-20-40 or 18VAC112-20-50. In lieu of meeting such requirements, an applicant may provide evidence of clinical practice consisting of at least 2,500 hours of patient care during the five years immediately preceding application for licensure in Virginia with a current, unrestricted license issued by another United States jurisdiction or Canadian province;
The required application, fees, and credentials to the board, including a criminal history background check as required by § 54.1-3484 of the Code of Virginia;
A current report from the National Practitioner Data Bank (NPDB);
Documentation of passage of the national examination as prescribed by the board; and
Documentation of active practice in physical therapy in another United States jurisdiction or Canada for at least 320 hours within the four years immediately preceding application for licensure. A physical therapist who does not meet the active practice requirement shall successfully complete 320 hours in a traineeship in accordance with requirements in 18VAC112-20-140.

C. A physical therapist assistant seeking licensure by endorsement who has not actively practiced physical therapy for at least 320 hours within the four years immediately preceding application for licensure shall successfully complete 320 hours in a traineeship in accordance with the requirements in 18VAC112-20-140.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 25, eff. September 27, 2000; amended, Virginia Register Volume 20, Issue 24, eff. September 8, 2004; Volume 22, Issue 23, eff. August 23, 2006; Volume 25, Issue 26, eff. September 30, 2009; Volume 29, Issue 21, eff. July 17, 2013; Volume 30, Issue 10, eff. February 27, 2014; Volume 34, Issue 10, eff. February 7, 2018; Volume 37, Issue 14, eff. April 30, 2021; Volume 37, Issue 17, eff. May 12, 2021; Volume 41, Issue 20, eff. June 18, 2025; Volume 42, Issue 14, eff. April 9, 2026.

18VAC112-20-70 Traineeship for unlicensed graduate scheduled to sit for the national examination

A. Upon approval of the president of the board or his designee, an unlicensed graduate who is registered with the Federation of State Boards of Physical Therapy to sit for the national examination may be employed as a trainee under the direct supervision of a licensed physical therapist until the results of the national examination are received.

B. The traineeship, which shall be in accordance with requirements in 18VAC112-20-140, shall terminate five working days following receipt by the candidate of the licensure examination results.

C. The unlicensed graduate may reapply for a new traineeship while awaiting to take the next examination, provided he has registered to retake the examination. A new traineeship shall not be approved if more than one year has passed following the receipt of the first examination results. An unlicensed graduate who has passed the examination may be granted a new traineeship for the period between passage of the examination and granting of a license. An unlicensed graduate shall not be granted more than three traineeships within the one year following the receipt of the first examination results.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3474 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 25, eff. September 27, 2000; amended, Virginia Register Volume 20, Issue 24, eff. September 8, 2004; Volume 25, Issue 26, eff. September 30, 2009; Volume 29, Issue 21, eff. July 17, 2013; Volume 37, Issue 14, eff. April 30, 2021.

18VAC112-20-80 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 16, Issue 25, eff. September 27, 2000; repealed, Virginia Register Volume 20, Issue 24, eff. September 8, 2004.

18VAC112-20-81 Requirements for direct access certification

A. An applicant for certification to provide services to patients without a referral as specified in § 54.1-3482.1 of the Code of Virginia shall hold an active, unrestricted license as a physical therapist in Virginia and shall submit evidence satisfactory to the board that the applicant has one of the following qualifications:

Completion of a transitional program in physical therapy as recognized by the board; or
At least three years of postlicensure, active practice with evidence of 15 contact hours of continuing education in medical screening or differential diagnosis, including passage of a postcourse examination. The required continuing education shall be offered by a provider or sponsor approved by the board as provided in 18VAC112-20-131 and may be face-to-face or online education courses.

B. In addition to the evidence of qualification for certification required in subsection A of this section, an applicant seeking direct access certification shall submit to the board:

A completed application as provided by the board;
Any additional documentation as may be required by the board to determine eligibility of the applicant; and
The application fee as specified in 18VAC112-20-27.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3482.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 18, eff. June 10, 2009; amended, Virginia Register Volume 32, Issue 3, eff. November 4, 2015; Volume 41, Issue 20, eff. June 18, 2025.

18VAC112-20-82 Requirements for a compact privilege

To obtain a compact privilege to practice physical therapy in Virginia, a physical therapist or physical therapist assistant licensed in a remote state shall comply with the rules adopted by the Physical Therapy Compact Commission in effect at the time of application to the commission.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 37, Issue 17, eff. May 12, 2021.

18VAC112-20-90 General responsibilities

A. The physical therapist shall be responsible for managing all aspects of the physical therapy care of each patient and shall provide:

The initial evaluation for each patient and its documentation in the patient record;
Periodic reevaluation, including documentation of the patient's response to therapeutic intervention; and
The documented status of the patient at the time of discharge, including the response to therapeutic intervention. If a patient is discharged from a health care facility without the opportunity for the physical therapist to reevaluate the patient, the final note in the patient record may document patient status.

B. The physical therapist shall communicate the overall plan of care to the patient or the patient's legally authorized representative and shall also communicate with a referring doctor of medicine, osteopathy, chiropractic, podiatry, or dental surgery; nurse practitioner; or physician assistant to the extent required by § 54.1-3482 of the Code of Virginia.

C. A physical therapist assistant may assist the physical therapist in performing selected components of physical therapy intervention to include treatment, measurement, and data collection but not to include the performance of an evaluation as defined in 18VAC112-20-10.

D. A physical therapist assistant's encounters with a patient may be made under general supervision.

E. A physical therapist providing services with a direct access certification as specified in § 54.1-3482 of the Code of Virginia shall utilize the Direct Access Patient Attestation and Medical Release Form prescribed by the board or otherwise include in the patient record the information, attestation and written consent required by subsection B of § 54.1-3482 of the Code of Virginia.

F. A physical therapist or physical therapist assistant practicing in Virginia on a compact privilege shall comply with all applicable laws and regulations pertaining to physical therapy practice in Virginia.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 25, eff. September 27, 2000; amended, Virginia Register Volume 17, Issue 25, eff. September 12, 2001; Volume 20, Issue 24, eff. September 8, 2004; Volume 25, Issue 18, eff. June 10, 2009; Volume 25, Issue 26, eff. September 30, 2009; Volume 30, Issue 10, eff. February 27, 2014; Volume 37, Issue 14, eff. April 30, 2021; Volume 37, Issue 17, eff. May 12, 2021.

18VAC112-20-100 Supervisory responsibilities

A. A physical therapist shall be fully responsible for any action of persons performing physical therapy functions under the physical therapist's supervision or direction.

B. Support personnel shall only perform routine assigned physical therapy tasks under the direct supervision of a licensed physical therapist or a licensed physical therapist assistant, who shall only assign those tasks or activities that are nondiscretionary and do not require the exercise of professional judgment.

C. A physical therapist shall provide direct supervision to no more than three individual trainees or students at any one time.

D. A physical therapist shall provide direct supervision to a student in an approved program who is satisfying clinical educational requirements in physical therapy. A physical therapist or a physical therapist assistant shall provide direct supervision to a student in an approved program for physical therapist assistants.

E. A physical therapist shall provide direct supervision to a student who is satisfying clinical educational requirements in physical therapy in a nonapproved physical therapist program that has been granted the Candidate for Accreditation status from CAPTE. Either a physical therapist or physical therapist assistant shall provide direct supervision to a student who is satisfying clinical education requirements in a nonapproved physical therapist assistant program that has been granted the Candidate for Accreditation status from CAPTE.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3474 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 25, eff. September 27, 2000; amended, Virginia Register Volume 20, Issue 24, eff. September 8, 2004; Volume 37, Issue 14, eff. April 30, 2021.

18VAC112-20-110 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 16, Issue 25, eff. September 27, 2000; repealed, Virginia Register Volume 20, Issue 24, eff. September 8, 2004.

18VAC112-20-120 Responsibilities to patients

A. The initial patient encounter shall be made by the physical therapist for evaluation of the patient and establishment of a plan of care.

B. The physical therapist assistant's first encounter with the patient shall only be made after verbal or written communication with the physical therapist regarding patient status and plan of care. Documentation of such communication shall be made in the patient's record.

C. Documentation of physical therapy interventions shall be recorded on a patient's record by the physical therapist or physical therapist assistant providing the care.

D. The physical therapist shall reevaluate the patient as needed, but not less than according to the following schedules:

For inpatients in hospitals as defined in § 32.1-123 of the Code of Virginia, it shall be not less than once every seven consecutive days.
For patients in other settings, it shall be not less than one of 12 encounters made to the patient during a 30-day period, or once every 30 days from the last reevaluation, whichever occurs first.
For patients who have been receiving physical therapy care for the same condition or injury for six months or longer, it shall be at least every 90 days from the last reevaluation.

Failure to abide by this subsection due to the absence of the physical therapist in case of illness, vacation, or professional meeting for a period not to exceed five consecutive days will not constitute a violation of these provisions.

E. The physical therapist shall be responsible for ongoing involvement in the care of the patient to include regular communication with a physical therapist assistant regarding the patient's plan of treatment.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3474 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 25, eff. September 27, 2000; amended, Virginia Register Volume 20, Issue 24, eff. September 8, 2004; Volume 25, Issue 26, eff. September 30, 2009; Volume 30, Issue 10, eff. February 27, 2014; Volume 37, Issue 14, eff. April 30, 2021.

18VAC112-20-121 Practice of dry needling

A. Dry needling is not an entry level skill but an advanced procedure that requires additional post-graduate training.

The training shall be specific to dry needling and shall include emergency preparedness and response, contraindications and precautions, secondary effects or complications, palpation and needle techniques, and physiological responses.
The training shall consist of didactic and hands-on laboratory education and shall include passage of a theoretical and practical examination. The hands-on laboratory education shall be face-to-face.
The training shall be in a course approved or provided by a sponsor approved by the board as provided in subsection B of 18VAC112-20-131.
The practitioner shall not perform dry needling beyond the scope of the highest level of the practitioner's training.

B. Prior to the performance of dry needling, the physical therapist shall obtain informed consent from the patient or the patient's representative. The informed consent shall include the risks and benefits of the technique. The informed consent form shall be maintained in the patient record.

C. Dry needling shall only be performed by a physical therapist trained pursuant to subsection A of this section and shall not be delegated to a physical therapist assistant or other support personnel.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 37, Issue 2, eff. October 29, 2020; amended, Virginia Register Volume 40, Issue 4, eff. November 8, 2023; Volume 41, Issue 20, eff. June 18, 2025.

18VAC112-20-130 Biennial renewal of license

A. A physical therapist or physical therapist assistant who intends to continue practice shall renew his license biennially by December 31 in each even-numbered year and pay to the board the renewal fee prescribed in 18VAC112-20-27.

B. A licensee whose licensure has not been renewed by the first day of the month following the month in which renewal is required shall pay a late fee as prescribed in 18VAC112-20-27.

C. In order to renew an active license, a licensee shall be required to:

Complete a minimum of 320 hours of active practice in the preceding four years; and
Comply with continuing competency requirements set forth in 18VAC112-20-131.

D. The board may grant an extension of the deadline for completing active practice requirements for up to one year for good cause shown upon a written request from the licensee prior to the renewal date.

E. The board may grant an exemption to the active practice requirement for circumstances beyond the control of the licensee, such as temporary disability, mandatory military service, or officially declared disaster, upon a written request from the licensee prior to the renewal date.

F. In order to renew a compact privilege to practice in Virginia, the holder shall comply with the rules adopted by the Physical Therapy Compact Commission in effect at the time of the renewal.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 25, eff. September 27, 2000; amended, Virginia Register Volume 19, Issue 1, eff. October 23, 2002; Volume 20, Issue 24, eff. September 8, 2004; Volume 22, Issue 13, eff. April 5, 2006; Volume 25, Issue 18, eff. June 10, 2009; Volume 32, Issue 3, eff. November 4, 2015; Volume 37, Issue 14, eff. April 30, 2021; Volume 37, Issue 17, eff. May 12, 2021.

18VAC112-20-131 Continued competency requirements for renewal of an active license

A. In order to renew an active license biennially, a physical therapist or a physical therapist assistant shall complete at least 30 contact hours of continuing learning activities within the two years immediately preceding renewal. In choosing continuing learning activities or courses, the licensee shall consider the following: (i) the need to promote ethical practice, (ii) an appropriate standard of care, (iii) patient safety, (iv) application of new medical technology, (v) appropriate communication with patients, and (vi) knowledge of the changing health care system.

B. To document the required hours, the licensee shall maintain the Continued Competency Activity and Assessment Form that is provided by the board and that shall indicate completion of the following:

A minimum of 20 of the contact hours required for physical therapists and 15 of the contact hours required for physical therapist assistants shall be in Type 1 courses. For the purpose of this section, "course" means an organized program of study, classroom experience, or similar educational experience that is directly related to the clinical practice of physical therapy and approved or provided by an organization approved by the board.

One credit hour of a college course shall be considered the equivalent of 15 contact hours of Type 1 continuing education.

No more than 10 of the contact hours required for physical therapists and 15 of the contact hours required for physical therapist assistants may be Type 2 activities or courses, which may or may not be offered by an approved organization, but which shall be related to the clinical practice of physical therapy. For the purposes of this subdivision, Type 2 activities may include:

a. Consultation with colleagues, independent study, and research or writing on subjects related to practice.

b. Delivery of physical therapy services, without compensation, to low-income individuals receiving services through a local health department or a free clinic organized in whole or primarily for the delivery of health services for up to two of the Type 2 hours.

c. Attendance at a meeting of the board or disciplinary proceeding conducted by the board for up to two of the Type 2 hours.

d. Classroom instruction of workshops or courses.

e. Clinical supervision of students and research and preparation for the clinical supervision experience.

Forty hours of clinical supervision or instruction shall be considered the equivalent of one contact hour of Type 2 activity.

Documentation of specialty certification by the American Physical Therapy Association may be provided as evidence of completion of continuing competency requirements for the biennium in which initial certification or recertification occurs.
Documentation of graduation from a transitional doctor of physical therapy program may be provided as evidence of completion of continuing competency requirements for the biennium in which the physical therapist was awarded the degree.

C. A licensee shall be exempt from the continuing competency requirements for the first biennial renewal following the date of initial licensure by examination in Virginia.

D. The licensee shall retain records on the completed Continued Competency Activity and Assessment Form with all supporting documentation for a period of four years following the renewal of an active license.

E. The licensees selected in a random audit conducted by the board shall provide the completed Continued Competency Activity and Assessment Form and all supporting documentation within 30 days of receiving notification of the audit.

F. Failure to comply with these requirements may subject the licensee to disciplinary action by the board.

G. The board may grant an extension of the deadline for continuing competency requirements for up to one year for good cause shown upon a written request from the licensee prior to the renewal date.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3474 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 1, eff. October 23, 2002; amended, Virginia Register Volume 25, Issue 18, eff. June 10, 2009; Volume 25, Issue 26, eff. September 30, 2009; Volume 29, Issue 21, eff. July 17, 2013; Volume 29, Issue 25, eff. September 26, 2013; Volume 32, Issue 3, eff. November 4, 2015; Volume 33, Issue 15, eff. May 5, 2017; Volume 34, Issue 10, eff. February 7, 2018; Volume 34, Issue 9, eff. February 8, 2018; Volume 35, Issue 9, eff. February 10, 2019; Volume 37, Issue 14, eff. April 30, 2021; Volume 41, Issue 20, eff. June 18, 2025.

18VAC112-20-135 Inactive license

A. A physical therapist or physical therapist assistant who holds a current, unrestricted license in Virginia shall, upon a request on the renewal application and submission of the required renewal fee, be issued an inactive license.

The holder of an inactive license shall not be required to meet active practice requirements.
An inactive licensee shall not be entitled to perform any act requiring a license to practice physical therapy in Virginia.

B. A physical therapist or physical therapist assistant who holds an inactive license may reactivate his license by:

Paying the difference between the renewal fee for an inactive license and that of an active license for the biennium in which the license is being reactivated;
Providing proof of 320 active practice hours in any jurisdiction in which the physical therapist or physical therapist assistant was licensed for active practice within the four years immediately preceding application for reactivation.

If the inactive licensee does not meet the requirement for active practice, the license may be reactivated by completing 320 hours in a traineeship that meets the requirements prescribed in 18VAC112-20-140 ; and

Completing the number of continuing competency hours required for the period in which the license has been inactive, not to exceed four years.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3474 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 25, eff. September 27, 2000; amended, Virginia Register Volume 18, Issue 8, eff. January 30, 2002; Volume 19, Issue 1, eff. October 23, 2002; Volume 22, Issue 1, eff. October 19, 2005; Volume 25, Issue 26, eff. September 30, 2009; Volume 27, Issue 2, eff. October 27, 2010; Volume 29, Issue 21, eff. July 17, 2013; Volume 30, Issue 10, eff. February 27, 2014; Volume 34, Issue 10, eff. February 7, 2018; Volume 37, Issue 14, eff. April 30, 2021.

18VAC112-20-136 Reinstatement requirements

A. A physical therapist or physical therapist assistant whose Virginia license is lapsed for two years or less may reinstate his license by payment of the renewal and late fees as set forth in 18VAC112-20-27 and completion of continued competency requirements as set forth in 18VAC112-20-131.

B. A physical therapist or physical therapist assistant whose Virginia license is lapsed for more than two years and who is seeking reinstatement shall:

Apply for reinstatement and pay the fee specified in 18VAC112-20-27;
Complete the number of continuing competency hours required for the period in which the license has been lapsed, not to exceed four years; and
Have actively practiced physical therapy in any jurisdiction in which the physical therapist or physical therapist assistant was licensed for active practice for at least 320 hours within the four years immediately preceding applying for reinstatement.

If a licensee does not meet the requirement for active practice, the license may be reinstated by completing 320 hours in a traineeship that meets the requirements prescribed in 18VAC112-20-140 .

History

Statutory Authority: §§ 54.1-2400 and 54.1-3474 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 1, eff. October 23, 2002; Volume 25, Issue 26, eff. September 30, 2009; Volume 29, Issue 21, eff. July 17, 2013; Volume 30, Issue 10, eff. February 27, 2014; Volume 34, Issue 10, eff. February 7, 2018; Volume 37, Issue 14, eff. April 30, 2021.

18VAC112-20-140 Traineeship requirements

A. The traineeship shall be approved by the board and served under the direction and supervision of a licensed physical therapist.

B. Supervision and identification of trainees:

There shall be a limit of two physical therapists assigned to provide supervision for each trainee.
The supervising physical therapist shall countersign patient documentation (i.e., notes, records, charts) for services provided by a trainee.
The trainee shall wear identification designating them as a "physical therapist trainee" or a "physical therapist assistant trainee."

C. Completion of traineeship.

The physical therapist supervising the trainee shall submit a report to the board at the end of the required number of hours on forms supplied by the board.
If the traineeship is not successfully completed at the end of the required hours, as determined by the supervising physical therapist, the president of the board or his designee shall determine if a new traineeship shall commence. If the president of the board determines that a new traineeship shall not commence, then the application for licensure shall be denied.
The second traineeship may be served under a different supervising physical therapist and may be served in a different organization than the initial traineeship. If the second traineeship is not successfully completed, as determined by the supervising physical therapist, then the application for licensure shall be denied.

D. A traineeship shall not be approved for an applicant who has not completed a criminal background check for initial licensure pursuant to § 54.1-3484 of the Code of Virginia .

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 25, eff. September 27, 2000; amended, Virginia Register Volume 19, Issue 1, eff. October 23, 2002; Volume 25, Issue 26, eff. September 30, 2009; Volume 29, Issue 21, eff. July 17, 2013; Volume 30, Issue 10, eff. February 27, 2014; Volume 37, Issue 14, eff. April 30, 2021; Volume 37, Issue 17, eff. May 12, 2021.

18VAC112-20-150 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 16, Issue 25, eff. September 27, 2000; amended, Virginia Register Volume 18, Issue 8, eff. January 30, 2002; Volume 22, Issue 1, eff. October 19, 2005; Volume 22, Issue 13, eff. April 5, 2006; Volume 25, Issue 18, eff. June 10, 2009; Volume 25, Issue 26, eff. September 30, 2009; Volume 27, Issue 2, eff. October 27, 2010; repealed, Virginia Register Volume 30, Issue 10, eff. February 27, 2014.

18VAC112-20-151 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 18, Issue 8, eff. January 30, 2002; repealed, Virginia Register Volume 22, Issue 1, eff. October 19, 2005.

Part IV Standards of Practice

18VAC112-20-160 Requirements for patient records

A. Practitioners shall comply with provisions of § 32.1-127.1:03 of the Code of Virginia related to the confidentiality and disclosure of patient records.

C. Practitioners shall properly manage and keep timely, accurate, legible and complete patient records.

D. Practitioners who are employed by a health care institution, school system or other entity, in which the individual practitioner does not own or maintain his own records, shall maintain patient records in accordance with the policies and procedures of the employing entity.

E. Practitioners who are self-employed or employed by an entity in which the individual practitioner does own and is responsible for patient records shall:

Maintain a patient record for a minimum of six years following the last patient encounter with the following exceptions:

a. Records of a minor child shall be maintained until the child reaches the age of 18 or becomes emancipated, with a minimum time for record retention of six years from the last patient encounter regardless of the age of the child;

b. Records that have previously been transferred to another practitioner or health care provider or provided to the patient or his personal representative; or

c. Records that are required by contractual obligation or federal law may need to be maintained for a longer period of time.

From (six months from the effective date of the regulation), post information or in some manner inform all patients concerning the time frame for record retention and destruction. Patient records shall only be destroyed in a manner that protects patient confidentiality, such as by incineration or shredding.

F. When a practitioner is closing, selling or relocating his practice, he shall meet the requirements of § 54.1-2405 of the Code of Virginia for giving notice that copies of records can be sent to any like-regulated provider of the patient's choice or provided to the patient.

History

Statutory Authority: § 54.1-2400 and Chapter 34.1 (§ 54.1-3473 et seq.) of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 26, eff. September 30, 2009.

18VAC112-20-170 Confidentiality and practitioner-patient communication

B. Communication with patients.

Except as provided in § 32.1-127.1:03 F of the Code of Virginia, a practitioner shall accurately present information to a patient or his legally authorized representative in understandable terms and encourage participation in decisions regarding the patient's care.
A practitioner shall not deliberately make a false or misleading statement regarding the practitioner's skill or the efficacy or value of a treatment or procedure provided or directed by the practitioner in the treatment of any disease or condition.
Before any invasive procedure is performed, informed consent shall be obtained from the patient and documented in accordance with the policies of the health care entity. Practitioners shall inform patients of the risks, benefits, and alternatives of the recommended invasive procedure that a reasonably prudent practitioner in similar practice in Virginia would tell a patient. In the instance of a minor or a patient who is incapable of making an informed decision on his own behalf or is incapable of communicating such a decision due to a physical or mental disorder, the legally authorized person available to give consent shall be informed and the consent documented.
Practitioners shall adhere to requirements of § 32.1-162.18 of the Code of Virginia for obtaining informed consent from patients prior to involving them as subjects in human research with the exception of retrospective chart reviews.

C. Termination of the practitioner/patient relationship.

The practitioner or the patient may terminate the relationship. In either case, the practitioner shall make the patient record available, except in situations where denial of access is allowed by law.
A practitioner shall not terminate the relationship or make his services unavailable without documented notice to the patient that allows for a reasonable time to obtain the services of another practitioner.

History

Statutory Authority: § 54.1-2400 and Chapter 34.1 (§ 54.1-3473 et seq.) of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 26, eff. September 30, 2009.

18VAC112-20-180 Practitioner responsibility

A. A practitioner shall not:

Perform procedures or techniques that are outside the scope of his practice or for which he is not trained and individually competent;
Knowingly allow persons under his supervision to jeopardize patient safety or provide patient care outside of such person's scope of practice or area of responsibility. Practitioners shall delegate patient care only to persons who are properly trained and supervised;
Engage in an egregious pattern of disruptive behavior or interaction in a health care setting that interferes with patient care or could reasonably be expected to adversely impact the quality of care rendered to a patient; or
Exploit the practitioner/patient relationship for personal gain.

B. A practitioner shall not knowingly and willfully solicit or receive any remuneration, directly or indirectly, in return for referring an individual to a facility or institution as defined in § 37.2-100 of the Code of Virginia, or hospital as defined in § 32.1-123 of the Code of Virginia.

C. A practitioner shall not willfully refuse to provide information or records as requested or required by the board or its representative pursuant to an investigation or to the enforcement of a statute or regulation.

D. A practitioner shall report any disciplinary action taken by a physical therapy regulatory board in another jurisdiction within 30 days of final action.

History

Statutory Authority: § 54.1-2400 and Chapter 34.1 (§ 54.1-3473 et seq.) of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 26, eff. September 30, 2009.

18VAC112-20-190 Sexual contact

A. For purposes of § 54.1-3483 (10) of the Code of Virginia and this section, sexual contact includes, but is not limited to, sexual behavior or verbal or physical behavior that:

May reasonably be interpreted as intended for the sexual arousal or gratification of the practitioner, the patient, or both; or
May reasonably be interpreted as romantic involvement with a patient regardless of whether such involvement occurs in the professional setting or outside of it.

B. Sexual contact with a patient.

The determination of when a person is a patient for purposes of § 54.1-3483 (10) of the Code of Virginia is made on a case-by-case basis with consideration given to the nature, extent, and context of the professional relationship between the practitioner and the person. The fact that a person is not actively receiving treatment or professional services from a practitioner is not determinative of this issue. A person is presumed to remain a patient until the patient-practitioner relationship is terminated.
The consent to, initiation of, or participation in sexual behavior or involvement with a practitioner by a patient does not change the nature of the conduct nor negate the statutory prohibition.

D. Sexual contact between a practitioner and a key third party shall constitute unprofessional conduct if the sexual contact is a result of the exploitation of trust, knowledge or influence derived from the professional relationship or if the contact has had or is likely to have an adverse effect on patient care. For purposes of this section, key third party of a patient shall mean spouse or partner, parent or child, guardian, or legal representative of the patient.

History

Statutory Authority: § 54.1-2400 and Chapter 34.1 (§ 54.1-3473 et seq.) of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 26, eff. September 30, 2009.

18VAC112-20-200 Advertising ethics

A. Any statement specifying a fee, whether standard, discounted, or free, for professional services that does not include the cost of all related procedures, services, and products that, to a substantial likelihood, will be necessary for the completion of the advertised service as it would be understood by an ordinarily prudent person shall be deemed to be deceptive or misleading, or both. Where reasonable disclosure of all relevant variables and considerations is made, a statement of a range of prices for specifically described services shall not be deemed to be deceptive or misleading.

B. Advertising a discounted or free service, examination, or treatment and charging for any additional service, examination, or treatment that is performed as a result of and within 72 hours of the initial office visit in response to such advertisement is unprofessional conduct unless such professional services rendered are as a result of a bona fide emergency. This provision may not be waived by agreement of the patient and the practitioner.

C. No licensee or holder of a compact privilege of the board shall advertise information that is false, misleading, or deceptive. Advertisements of discounts shall disclose the full fee that has been discounted. The practitioner shall maintain documented evidence to substantiate the discounted fees and shall make such information available to a consumer upon request.

D. No licensee or holder of a compact privilege shall use the term "board certified" or any similar word or phrase calculated to convey the same meaning in any advertising for the practitioner's practice unless the practitioner holds certification in a clinical specialty issued by the American Board of Physical Therapy Specialties.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 26, eff. September 30, 2009; amended, Virginia Register Volume 37, Issue 17, eff. May 12, 2021; Volume 41, Issue 20, eff. June 18, 2025.

Agency 115 Board of Counseling

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

18VAC115-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Board of Counseling. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008.

18VAC115-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Board of Counseling, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008.

Part II Notification of Interested Persons

18VAC115-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008.

18VAC115-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 18VAC115-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008.

Part III Public Participation Procedures

18VAC115-11-50 Public comment

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008; amended, Virginia Register Volume 33, Issue 7, eff. January 12, 2017.

18VAC115-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008.

18VAC115-11-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008.

18VAC115-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008.

18VAC115-11-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008.

18VAC115-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008.

18VAC115-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 1, 2008.

Chapter 20 Regulations Governing the Practice of Professional Counseling

Part I General Provisions

18VAC115-20-10 Definitions

A. The following words and terms when used in this chapter shall have the meaning ascribed to them in § 54.1-3500 of the Code of Virginia:

"Board"

"Counseling"

"Professional counselor"

B. The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"Applicant" means any individual who has submitted an official application and paid the application fee for licensure as a professional counselor.

"CACREP" means the Council for Accreditation of Counseling and Related Educational Programs.

"Candidate for licensure" means a person who has satisfactorily completed all educational and experience requirements for licensure and has been deemed eligible by the board to sit for its examinations.

"Clinical counseling services" means activities such as assessment, diagnosis, treatment planning, and treatment implementation.

"Competency area" means an area in which a person possesses knowledge and skill and the ability to apply them in the clinical setting.

"Conversion therapy" means any practice or treatment as defined in § 54.1-2409.5 A of the Code of Virginia.

"CORE" means Council on Rehabilitation Education.

"Exempt setting" means an agency or institution in which licensure is not required to engage in the practice of counseling according to the conditions set forth in § 54.1-3501 of the Code of Virginia.

"Face-to-face" means the in-person delivery of clinical counseling services for a client.

"Group supervision" means the process of clinical supervision of no more than six persons in a group setting provided by a qualified supervisor.

"Internship" means a formal academic course from a regionally accredited college or university in which supervised, practical experience is obtained in a clinical setting in the application of counseling principles, methods, and techniques.

"Jurisdiction" means a state, territory, district, province, or country that has granted a professional certificate or license to practice a profession, use a professional title, or hold oneself out as a practitioner of that profession.

"Nonexempt setting" means a setting that does not meet the conditions of exemption from the requirements of licensure to engage in the practice of counseling as set forth in § 54.1-3501 of the Code of Virginia.

"Regional accrediting agency" means one of the regional accreditation agencies recognized by the U.S. Secretary of Education responsible for accrediting senior postsecondary institutions.

"Residency" means a postgraduate, supervised, clinical experience.

"Resident" means an individual who has a supervisory contract and has been issued a temporary license by the board to provide clinical services in professional counseling under supervision.

"Supervision" means the ongoing process performed by a supervisor who monitors the performance of the person supervised and provides regular, documented individual or group consultation, guidance, and instruction that is specific to the clinical counseling services being performed with respect to the clinical skills and competencies of the person supervised.

"Supervisory contract" means an agreement that outlines the expectations and responsibilities of the supervisor and resident in accordance with regulations of the board.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR560-01-02 § 1.1, eff. July 6, 1988; amended, Virginia Register Volume 5, Issue 24, eff. September 27, 1989; Volume 7, Issue 14, eff. May 8, 1991; Volume 9, Issue 25, eff. October 6, 1993; Volume 16, Issue 13, eff. April 12, 2000; Volume 24, Issue 24, eff. September 3, 2008; Volume 30, Issue 19, eff. July 3, 2014; Volume 32, Issue 24, eff. August 24, 2016; Volume 37, Issue 20, eff. June 23, 2021; Volume 37, Issue 24, eff. August 18, 2021; Volume 42, Issue 6, eff. December 18, 2025.

18VAC115-20-20 Fees required by the board

A. The board has established the following fees applicable to licensure as a professional counselor or a resident in counseling:

| Initial licensure by examination: Application processing and initial licensure as a professional counselor | $175 | | --- | --- | | Initial licensure by endorsement: Application processing and initial licensure as a professional counselor | $175 | | Application and initial licensure as a resident in counseling | $65 | | Pre-review of education only | $75 | | Duplicate license | $10 | | Verification of licensure to another jurisdiction | $30 | | Active annual license renewal for a professional counselor | $130 | | Inactive annual license renewal for a professional counselor | $65 | | Annual renewal for a resident in counseling | $30 | | Inactive annual renewal for a resident in counseling | $15 | | Late renewal for a professional counselor | $45 | | Late renewal for a resident in counseling | $10 | | Reinstatement of a lapsed license for a professional counselor | $200 | | Reinstatement following revocation or suspension | $600 | | Replacement of or additional wall certificate | $25 | | Returned check or dishonored credit or debit card | $50 |

B. All fees are nonrefundable.

C. Examination fees shall be determined and made payable as determined by the board.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the Code of Virginia.
Historical Notes: Derived from VR560-01-02 § 1.2, eff. July 6, 1988; amended, Virginia Register Volume 5, Issue 24, eff. September 27, 1989; Volume 7, Issue 14, eff. May 8, 1991; Volume 9, Issue 25, eff. October 6, 1993; Volume 13, Issue 7, eff. January 22, 1997; Volume 13, Issue 25, eff. August 7, 1997; Volume 16, Issue 13, eff. April 12, 2000; Volume 20, Issue 24, eff. September 8, 2004; Volume 22, Issue 2, eff. January 14, 2006; Volume 22, Issue 14, eff. April 19, 2006; Volume 23, Issue 14, eff. April 18, 2007; Volume 26, Issue 14, eff. April 14, 2010; Volume 30, Issue 19, eff. July 3, 2014; Volume 33, Issue 10, eff. February 8, 2017; Volume 37, Issue 1, eff. October 15, 2020; Volume 37, Issue 20, eff. June 23, 2021; Volume 42, Issue 6, eff. December 18, 2025.

18VAC115-20-30 (Repealed.)

Historical Notes

Derived from VR560-01-02 § 1.3, eff. July 6, 1988; amended, Virginia Register Volume 5, Issue 24, eff. September 27, 1989; Volume 7, Issue 14, eff. May 8, 1991; Volume 9, Issue 25, eff. October 6, 1993; repealed, Virginia Register Volume 16, Issue 13, eff. April 12, 2000.

18VAC115-20-35 Sex offender treatment provider certification

Anyone licensed by the board who is seeking certification as a sex offender treatment provider shall adhere to the Regulations Governing the Certification of Sex Offender Treatment Providers, 18VAC125-30-10 et seq.

History

Statutory Authority: §§ 54.1-103, 54.1-2400 and Chapter 35 (§ 54.1-3500 et seq.) of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 13, eff. April 12, 2000.

Part II Requirements for Licensure as a Professional Counselor

18VAC115-20-40 Prerequisites for licensure by examination

Every applicant for licensure examination by the board shall:

Meet the degree program requirements prescribed in 18VAC115-20-49, the coursework requirements prescribed in 18VAC115-20-51, and the experience requirements prescribed in 18VAC115-20-52;
Pass the licensure examination specified by the board;
Submit the following to the board:

a. A completed application;

b. Official transcripts documenting the applicant's completion of the degree program and coursework requirements prescribed in 18VAC115-20-49 and 18VAC115-20-51. Transcripts previously submitted for board approval of a resident license do not have to be resubmitted unless additional coursework was subsequently obtained;

c. Verification of supervision forms documenting fulfillment of the residency requirements of 18VAC115-20-52 and copies of all required evaluation forms, including verification of current licensure of the supervisor if any portion of the residency occurred in another jurisdiction;

d. Verification of any other mental health or health professional license or certificate ever held in another jurisdiction;

e. The application processing and initial licensure fee as prescribed in 18VAC115-20-20; and

f. A current report from the U.S. Department of Health and Human Services National Practitioner Data Bank (NPDB); and

Have no unresolved disciplinary action against a mental health or health professional license or certificate held in Virginia or in another jurisdiction. The board will consider history of disciplinary action on a case-by-case basis.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the Code of Virginia.
Historical Notes: Derived from VR560-01-02 § 2.1, eff. July 6, 1988; amended, Virginia Register Volume 5, Issue 24, eff. September 27, 1989; Volume 7, Issue 14, eff. May 8, 1991; Volume 9, Issue 25, eff. October 6, 1993; Volume 13, Issue 25, eff. August 7, 1997; Volume 16, Issue 13, eff. April 12, 2000; Errata, 16:16 VA.R. 2081 April 24, 2000; amended, Virginia Register Volume 26, Issue 1, eff. October 14, 2009; Volume 30, Issue 19, eff. July 3, 2014; Volume 32, Issue 24, eff. August 24, 2016; Volume 37, Issue 20, eff. June 23, 2021.

18VAC115-20-45 Licensure by endorsement

Every applicant for licensure by endorsement shall hold or have held a professional counselor license in another jurisdiction of the United States that allows independent assessment, diagnosis, and treatment of behavioral health conditions and shall submit the following:

A completed application;
The application processing and initial licensure fee as prescribed in 18VAC115-20-20;
Verification of all mental health or health professional licenses, certificates, or registrations ever held in any other jurisdiction. In order to qualify for endorsement, the applicant shall have no unresolved action against a license, certificate, or registration. The board will consider history of disciplinary action on a case-by-case basis;
Verification of a passing score on an examination required for counseling licensure in the jurisdiction in which licensure was obtained;
A current report from the U.S. Department of Health and Human Services National Practitioner Data Bank (NPDB); and
Official transcript documenting the applicant's completion of a graduate degree program.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 13, eff. April 12, 2000; amended, Virginia Register Volume 24, Issue 24, eff. September 3, 2008; Volume 25, Issue 20, eff. July 23, 2009; Volume 26, Issue 1, eff. October 14, 2009; Volume 30, Issue 19, eff. July 3, 2014; Volume 32, Issue 24, eff. August 24, 2016; Volume 42, Issue 20, eff. July 2, 2026.

18VAC115-20-49 Degree program requirements

A. The applicant shall have completed a graduate degree from a program that prepares individuals to practice counseling as defined in § 54.1-3500 of the Code of Virginia, is offered by a college or university accredited by a regional accrediting agency, and meets the following criteria:

There must be a sequence of academic study with the expressed intent to prepare counselors as documented by the institution;
There must be an identifiable counselor training faculty and an identifiable body of students who complete that sequence of academic study; and
The academic unit must have clear authority and primary responsibility for the core and specialty areas.

B. Programs that are approved by CACREP or CORE are recognized as meeting the requirements of subsection A of this section.

C. Graduates of programs that are not within the United States or Canada shall provide documentation from an acceptable credential evaluation service that provides information that allows the board to determine if the program meets the requirements set forth in this chapter.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 13, eff. April 12, 2000; Errata, 16:16 VA.R. 2081 April 24, 2000; amended, Virginia Register Volume 30, Issue 19, eff. July 3, 2014; Volume 32, Issue 24, eff. August 24, 2016; Volume 36, Issue 12, eff. March 4, 2020.

18VAC115-20-50 [Expired]

Historical Notes

Derived from VR560-01-02 § 2.2, eff. July 6, 1988; amended, Virginia Register Volume 5, Issue 24, eff. September 27, 1989; Volume 7, Issue 14, eff. May 8, 1991; Volume 9, Issue 25, eff. October 6, 1993; Volume 13, Issue 25, eff. August 7, 1997; Volume 16, Issue 13, eff. April 12, 2000; expired, Virginia Register Volume 16, Issue 13, eff. April 12, 2002.

18VAC115-20-51 Coursework requirements

A. The applicant shall have successfully completed 60 semester hours or 90 quarter hours of graduate study in the following core coursework with a minimum of three semester hours or 4.0 quarter hours in each of subdivisions 1 through 12 of this subsection:

Professional counseling identity, function, and ethics;
Theories of counseling and psychotherapy;
Counseling and psychotherapy techniques;
Human growth and development;
Group counseling and psychotherapy theories and techniques;
Career counseling and development theories and techniques;
Appraisal, evaluation, and diagnostic procedures;
Abnormal behavior and psychopathology;
Multicultural counseling theories and techniques;
Research;
Diagnosis and treatment of addictive disorders;
Marriage and family systems theory; and
Supervised internship of at least 600 hours to include 240 hours of face-to-face client contact.

B. If 60 graduate hours in counseling were completed prior to April 12, 2000, the board may accept those hours if they meet the regulations in effect at the time the 60 hours were completed.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 13, eff. April 12, 2002; amended, Virginia Register Volume 24, Issue 24, eff. September 3, 2008; Volume 30, Issue 19, eff. July 3, 2014; Volume 32, Issue 24, eff. August 24, 2016; Volume 42, Issue 6, eff. December 18, 2025.

18VAC115-20-52 Resident license and residency requirements

A. Resident license. Applicants for temporary licensure as a resident in counseling shall:

Apply for licensure on a form provided by the board to include the following: (i) verification of a supervisory contract, (ii) the name and licensure number of the clinical supervisor and location for the supervised practice, and (iii) an attestation that the applicant will be providing clinical counseling services;
Have submitted an official transcript documenting a graduate degree that meets the requirements specified in 18VAC115-20-49 to include completion of the coursework and internship requirement specified in 18VAC115-20-51;
Pay the registration fee;
Submit a current report from the U.S. Department of Health and Human Services National Practitioner Data Bank (NPDB); and
Have no unresolved disciplinary action against a mental health or health professional license, certificate, or registration in Virginia or in another jurisdiction. The board will consider the history of disciplinary action on a case-by-case basis.

B. Residency requirements.

The applicant for licensure as a professional counselor shall have completed a supervised residency in the role of a professional counselor working with various populations, clinical problems, and theoretical approaches.
The residency shall include a minimum of 2,000 hours of face-to-face client contact providing clinical counseling services.
The residency shall include a minimum of 200 hours of in-person supervision between supervisor and resident in the consultation and review of clinical counseling services provided by the resident.

a. Supervision shall occur at a minimum of one hour and a maximum of four hours per 40 hours of work experience during the period of the residency.

b. For the purpose of meeting the 200-hour supervision requirement, in-person may include the use of secured technology that maintains client confidentiality and provides real-time, visual contact between the supervisor and the resident.

c. No more than half of the 200 hours may be satisfied with group supervision. One hour of group supervision will be deemed equivalent to one hour of individual supervision.

The resident will complete a minimum of 1,000 hours of face-to-face client contact and 100 hours of supervision within two years immediately preceding application to the board for licensure as a professional counselor.
Supervision that is not concurrent with a residency will not be accepted, nor will residency hours be accrued in the absence of approved supervision.
The residency shall be completed in not less than 21 months.
A resident shall meet the renewal requirements of 18VAC115-20-100 in order to maintain a license in current, active status.
The board may consider special requests in the event that the regulations create an undue burden in regard to geography or disability that limits the resident's access to qualified supervision.
Residents may not call themselves professional counselors, directly bill for services rendered, or in any way represent themselves as independent, autonomous practitioners or professional counselors. During the residency, residents shall use their names and the initials of their degree, and the title "Resident in Counseling" in all written communications. The resident shall inform clients in writing that the resident does not have authority for independent practice and is under supervision and shall provide the resident's supervisor's name, professional address, and telephone number.
Residents shall not engage in practice under supervision in any areas for which they have not had appropriate education.
The board will accept residency hours approved by the licensing board in another United States jurisdiction that meet the requirements of this section.

C. Supervisory qualifications. A person who provides supervision for a resident in professional counseling shall:

Document two years of post-licensure clinical experience;
Have received professional training in supervision, consisting of three credit hours or 4.0 quarter hours in graduate-level coursework in supervision or at least 20 hours of continuing education in supervision offered by a provider approved under 18VAC115-20-106; and
Hold an active, unrestricted license as a professional counselor or a marriage and family therapist in the jurisdiction where the supervision is being provided. At least 100 hours of the supervision shall be rendered by a licensed professional counselor.

D. Supervisory responsibilities.

Supervision by any individual whose relationship to the resident compromises the objectivity of the supervisor is prohibited.
The supervisor of a resident shall assume full responsibility for the clinical activities of that resident specified within the supervisory contract for the duration of the residency.
The supervisor shall complete evaluation forms to be given to the resident at the end of each three-month period.
The supervisor shall report the total hours of residency and shall evaluate the applicant's competency.
The supervisor shall provide supervision as defined in 18VAC115-20-10.

E. Applicants shall document successful completion of their residency on the Verification of Supervision Form at the time of application. Applicants must receive a satisfactory competency evaluation on each item on the evaluation sheet.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 13, eff. April 12, 2000; amended, Virginia Register Volume 24, Issue 24, eff. September 3, 2008; Volume 30, Issue 19, eff. July 3, 2014; Volume 32, Issue 24, eff. August 24, 2016; Volume 36, Issue 2, eff. October 16, 2019; Volume 37, Issue 20, eff. June 23, 2021; Volume 42, Issue 6, eff. December 18, 2025.

18VAC115-20-60 (Repealed.)

Historical Notes

Derived from VR560-01-02 § 2.3, eff. July 6, 1988; amended, Virginia Register Volume 5, Issue 24, eff. September 27, 1989; Volume 7, Issue 14, eff. May 8, 1991; Volume 9, Issue 25, eff. October 6, 1993; repealed, Virginia Register Volume 16, Issue 13, eff. April 12, 2000.

Part III Examinations

18VAC115-20-70 General examination requirements

A. Every applicant for initial licensure by examination by the board as a professional counselor shall pass a written examination as prescribed by the board.

B. Every applicant for licensure by endorsement shall have passed a licensure examination in the jurisdiction in which licensure was obtained.

C. The board shall establish a passing score on the written examination.

D. A resident shall remain in a residency practicing under supervision until the resident has passed the licensure examination and been granted a license as a professional counselor.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the Code of Virginia.
Historical Notes: Derived from VR560-01-02 § 3.1, eff. July 6, 1988; amended, Virginia Register Volume 5, Issue 24, eff. September 27, 1989; Volume 7, Issue 14, eff. May 8, 1991; Volume 9, Issue 25, eff. October 6, 1993; Volume 13, Issue 25, eff. August 7, 1997; Volume 16, Issue 13, eff. April 12, 2000; Volume 26, Issue 1, eff. October 14, 2009; Volume 30, Issue 19, eff. July 3, 2014; Volume 32, Issue 24, eff. August 24, 2016; Volume 37, Issue 20, eff. June 23, 2021; Volume 42, Issue 6, eff. December 18, 2025.

18VAC115-20-80 (Repealed.)

Historical Notes

Derived from VR560-01-02 § 3.2, eff. July 6, 1988; amended, Virginia Register Volume 5, Issue 24, eff. September 27, 1989; Volume 7, Issue 14, eff. May 8, 1991; Volume 9, Issue 25, eff. October 6, 1993; repealed, Virginia Register Volume 16, Issue 13, eff. April 12, 2000.

18VAC115-20-90 (Repealed.)

History

Historical Notes: Derived from VR560-01-02 § 3.3, eff. July 6, 1988; amended, Virginia Register Volume 5, Issue 24, eff. September 27, 1989; Volume 7, Issue 14, eff. May 8, 1991; Volume 9, Issue 25, eff. October 6, 1993; Volume 13, Issue 25, eff. August 7, 1997; repealed, Virginia Register Volume 26, Issue 1, eff. October 14, 2009.

Part IV Licensure Renewal; Reinstatement

18VAC115-20-100 Licensure renewal

A. Every licensee who intends to continue an active practice shall submit to the board on or before June 30 of each year:

A completed form for renewal of the license on which the licensee attests to compliance with the continuing competency requirements prescribed in this chapter; and
The renewal fee prescribed in 18VAC115-20-20.

B. A licensee who wishes to place a license in an inactive status may do so upon payment of the inactive renewal fee as established in 18VAC115-20-20. No person shall practice counseling in Virginia unless the person holds a current active license. A licensee in inactive status may become active by fulfilling the reactivation requirements set forth in subsection C of 18VAC115-20-110.

C. For renewal of a resident license in counseling, the following shall apply:

On the annual renewal, the resident shall attest that a supervisory contract is in effect with a board-approved supervisor for each of the locations at which the resident is currently providing clinical counseling services.
On the annual renewal, the resident in counseling shall attest to completion of three hours in continuing education courses that emphasize the ethics, standards of practice, or laws governing behavioral science professions in Virginia, offered by an approved provider as set forth in subsection B of 18VAC115-20-106.

D. Licensees shall notify the board of a change in the address of record or the public address, if different from the address of record within 60 days. Failure to receive a renewal notice from the board shall not relieve the license holder from the renewal requirement.

E. Practice with an expired license is prohibited and may constitute grounds for disciplinary action.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the Code of Virginia.
Historical Notes: Derived from VR560-01-02 § 4.1, eff. July 6, 1988; amended, Virginia Register Volume 5, Issue 24, eff. September 27, 1989; Volume 7, Issue 14, eff. May 8, 1991; Volume 9, Issue 25, eff. October 6, 1993; Volume 13, Issue 7, eff. January 22, 1997; Volume 16, Issue 13, eff. April 12, 2000; Volume 20, Issue 24, eff. September 8, 2004; Volume 25, Issue 22, eff. August 5, 2009; Volume 26, Issue 1, eff. October 14, 2009; Volume 30, Issue 19, eff. July 3, 2014; Volume 37, Issue 20, eff. June 23, 2021; Errata, 37:22 3448 VA.R. June 21, 2021; amended, Virginia Register Volume 42, Issue 6, eff. December 18, 2025.

18VAC115-20-105 Continued competency requirements for renewal of a license

A. Licensed professional counselors shall be required to have completed a minimum of 20 hours of continuing competency for each annual licensure renewal. A minimum of two of these hours shall be in courses that emphasize the ethics, standards of practice, or laws governing behavioral science professions in Virginia.

B. The board may grant an extension for good cause of up to one year for the completion of continuing competency requirements upon written request from the licensee prior to the renewal date. Such extension shall not relieve the licensee of the continuing competency requirement.

C. The board may grant an exemption for all or part of the continuing competency requirements due to circumstances beyond the control of the licensee such as temporary disability, mandatory military service, or officially declared disasters.

D. Those individuals dually licensed by this board will not be required to obtain continuing competency for each license. Dually licensed individuals will only be required to provide the hours set out in subsection A of this section, subsection A of 18VAC115-50-95 in the Regulations Governing the Practice of Marriage and Family Therapy, or subsection A of 18VAC115-60-115 in the Regulations Governing the Practice of Licensed Substance Abuse Treatment Practitioners.

E. Up to two hours of the 20 hours required for annual renewal may be satisfied through delivery of counseling services, without compensation, to low-income individuals receiving health services through a local health department or a free clinic organized in whole or primarily for the delivery of those services. One hour of continuing education may be credited for three hours of providing such volunteer services, as documented by the health department or free clinic.

F. A professional counselor who was licensed by examination is exempt from meeting continuing competency requirements for the first renewal following initial licensure.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 24, eff. September 8, 2004; amended, Virginia Register Volume 33, Issue 11, eff. March 9, 2017; Volume 34, Issue 6, eff. December 28, 2017.

18VAC115-20-106 Continuing competency activity criteria

A. Continuing competency activities must focus on increasing knowledge or skills in one or more of the following areas:

Ethics, standards of practice, or laws governing behavioral science professions;
Counseling theory;
Human growth and development;
Social and cultural foundations;
The helping relationship;
Group dynamics, processing, and counseling;
Lifestyle and career development;
Appraisal of individuals;
Research and evaluation;
Professional orientation;
Clinical supervision;
Marriage and family therapy; or
Addictions.

B. Approved hours of continuing competency activity shall be one of the following types:

Formally organized learning activities or home study. Activities may be counted at their full hour value. Hours shall be obtained from one or a combination of the following board-approved, mental health-related activities:

a. Regionally accredited university or college level academic courses in a behavioral health discipline.

b. Continuing education programs offered by universities or colleges.

c. Workshops, seminars, conferences, or courses in the behavioral health field offered by federal, state, or local governmental agencies or licensed health facilities and licensed hospitals.

d. Workshops, seminars, conferences, or courses in the behavioral health field offered by an individual or organization that has been certified or approved by one of the following:

(1) The International Association of Marriage and Family Counselors and its state affiliates.

(2) The American Association for Marriage and Family Therapy and its state affiliates.

(3) The American Association of State Counseling Boards.

(4) The American Counseling Association and its state and local affiliates.

(5) The American Psychological Association and its state affiliates.

(6) The Commission on Rehabilitation Counselor Certification.

(7) NAADAC, The Association for Addiction Professionals and its state and local affiliates.

(8) National Association of Social Workers.

(9) National Board for Certified Counselors.

(10) A national behavioral health organization or certification body.

(11) Individuals or organizations that have been approved as continuing competency sponsors by the American Association of State Counseling Boards or a counseling board in another state.

(12) The American Association of Pastoral Counselors.

Individual professional activities.

a. Publication/presentation/new program development.

(1) Publication of articles. Activity will count for a maximum of eight hours. Publication activities are limited to articles in refereed journals or a chapter in an edited book.

(2) Publication of books. Activity will count for a maximum of 18 hours.

(3) Presentations. Activity will count for a maximum of eight hours. The same presentations may be used only once in a two-year period. Only actual presentation time may be counted.

(4) New program development. Activity will count for a maximum of eight hours. New program development includes a new course, seminar, or workshop. New courses shall be graduate or undergraduate level college or university courses.

b. Dissertation. Activity will count for a maximum of 18 hours. Dissertation credit may only be counted once.

c. Clinical supervision/consultation. Activity will count for a maximum of 10 hours. Continuing competency can only be granted for clinical supervision/consultation received on a regular basis with a set agenda. Continuing competency cannot be granted for supervision provided to others.

d. Leadership. Activity will count for a maximum of eight hours. The following leadership positions are acceptable for continuing competency credit: officer of state or national counseling organization; editor and/or reviewer of professional counseling journals; member of state counseling licensure/certification board; member of a national counselor certification board; member of a national ethics disciplinary review committee rendering licenses; active member of a counseling committee producing a substantial written product; chair of a major counseling conference or convention; or other leadership positions with justifiable professional learning experiences. The leadership positions must take place for a minimum of one year after the date of first licensure.

e. Practice related programs. Activity will count up to a maximum of eight hours. The board may allow up to eight contact hours of continuing competency as long as the regulant submits proof of attendance plus a written justification of how the activity assists him in his direct service of his clients. Examples include language courses, software training, and medical topics, etc.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 24, eff. September 8, 2004; amended, Virginia Register Volume 22, Issue 12, eff. March 22, 2006; Volume 26, Issue 2, eff. November 12, 2009; Volume 30, Issue 19, eff. July 3, 2014.

18VAC115-20-107 Documenting compliance with continuing competency requirements

A. All licensees are required to maintain original documentation for a period of two years following renewal.

B. After the end of each renewal period, the board may conduct a random audit of licensees to verify compliance with the requirement for that renewal period.

C. Upon request, a licensee shall provide documentation as follows:

To document completion of formal organized learning activities, the licensee shall provide:

a. Official transcripts showing credit hours earned; or

b. Certificates of participation.

Documentation of home study shall be made by identification of the source material studied, summary of content, and a signed affidavit attesting to completion of the home study.
Documentation of individual professional activities shall be by one of the following:

a. Certificates of participation;

b. Proof of presentations made;

c. Reprints of publications;

d. Letters from educational institutions or agencies approving continuing education programs;

e. Official notification from the association that sponsored the item writing workshop or continuing education program; or

f. Documentation of attendance at formal staffing by a signed affidavit on a form provided by the board.

D. Continuing competency hours required by a disciplinary order shall not be used to satisfy renewal requirements.

History

Statutory Authority: § 54.1-103, 54.1-2400, and 54.1-3505.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 24, eff. September 8, 2004.

18VAC115-20-110 Late renewal; reinstatement

A. A person whose license has expired may renew it within one year after its expiration date by paying the late fee prescribed in 18VAC115-20-20 as well as the license renewal fee prescribed for the year the license was not renewed and providing evidence of having met all applicable continuing competency requirements.

B. A person who fails to renew a license after one year or more and wishes to resume practice shall apply for reinstatement, pay the reinstatement fee for a lapsed license, submit verification of any mental health license he holds or has held in another jurisdiction, if applicable, and provide evidence of having met all applicable continuing competency requirements not to exceed a maximum of 80 hours. The board may require the applicant for reinstatement to submit evidence regarding the continued ability to perform the functions within the scope of practice of the license.

C. A person wishing to reactivate an inactive license shall submit (i) the renewal fee for active licensure minus any fee already paid for inactive licensure renewal; (ii) documentation of continued competency hours equal to the number of years the license has been inactive not to exceed a maximum of 80 hours; and (iii) verification of any mental health license he holds or has held in another jurisdiction, if applicable. The board may require the applicant for reactivation to submit evidence regarding the continued ability to perform the functions within the scope of practice of the license.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR560-01-02 § 4.2, eff. July 6, 1988; amended, Virginia Register Volume 5, Issue 24, eff. September 27, 1989; Volume 7, Issue 14, eff. May 8, 1991; Volume 9, Issue 25, eff. October 6, 1993; Volume 13, Issue 7, eff. January 22, 1997; Volume 13, Issue 25, eff. August 7, 1997; Volume 16, Issue 13, eff. April 12, 2000; Volume 20, Issue 24, eff. September 8, 2004; Volume 30, Issue 19, eff. July 3, 2014.

18VAC115-20-120 (Repealed.)

Historical Notes

Derived from VR560-01-02 § 5.1, eff. July 6, 1988; amended, Virginia Register Volume 5, Issue 24, eff. September 27, 1989; Volume 7, Issue 14, eff. May 8, 1991; Volume 9, Issue 25, eff. October 6, 1993; repealed, Virginia Register Volume 24, Issue 24, eff. September 3, 2008.

Part V Standards of Practice; Unprofessional Conduct; Disciplinary Actions; Reinstatement

18VAC115-20-130 Standards of practice

A. The protection of the public health, safety, and welfare and the best interest of the public shall be the primary guide in determining the appropriate professional conduct of all persons whose activities are regulated by the board. Regardless of the delivery method, whether in person, by phone, or electronically, these standards shall apply to the practice of counseling.

B. Persons licensed or registered by the board shall:

Practice in a manner that is in the best interest of the public and does not endanger the public health, safety, or welfare;
Practice only within the boundaries of their competence, based on their education, training, supervised experience, and appropriate professional experience and represent their education, training, and experience accurately to clients;
Stay abreast of new counseling information, concepts, applications, and practices that are necessary to providing appropriate, effective professional services;
Be able to justify all services rendered to clients as necessary and appropriate for diagnostic or therapeutic purposes;
Document the need for and steps taken to terminate a counseling relationship when it becomes clear that the client is not benefiting from the relationship. Document the assistance provided in making appropriate arrangements for the continuation of treatment for clients, when necessary, following termination of a counseling relationship;
Make appropriate arrangements for continuation of services, when necessary, during interruptions such as vacations, unavailability, relocation, illness, and disability;
Disclose to clients all experimental methods of treatment and inform clients of the risks and benefits of any such treatment. Ensure that the welfare of the clients is in no way compromised in any experimentation or research involving those clients;
Neither accept nor give commissions, rebates, or other forms of remuneration for referral of clients for professional services;
Inform clients of the purposes, goals, techniques, procedures, limitations, potential risks, and benefits of services to be performed; the limitations of confidentiality; and other pertinent information when counseling is initiated and throughout the counseling process as necessary. Provide clients with accurate information regarding the implications of diagnosis, the intended use of tests and reports, fees, and billing arrangements;
Select tests for use with clients that are valid, reliable, and appropriate and carefully interpret the performance of individuals not represented in standardized norms;
Determine whether a client is receiving services from another mental health service provider, and if so, refrain from providing services to the client without having an informed consent discussion with the client and having been granted communication privileges with the other professional;
Use only in connection with one's practice as a mental health professional those educational and professional degrees or titles that have been earned at a college or university accredited by an accrediting agency recognized by the U.S. Department of Education, or credentials granted by a national certifying agency, and that are counseling in nature;
Advertise professional services fairly and accurately in a manner that is not false, misleading, or deceptive; and
Not engage in conversion therapy with any person younger than 18 years of age.

C. In regard to patient records, persons licensed by the board shall:

Maintain written or electronic clinical records for each client to include treatment dates and identifying information to substantiate diagnosis and treatment plan, client progress, and termination;
Maintain client records securely, inform all employees of the requirements of confidentiality, and provide for the destruction of records that are no longer useful in a manner that ensures client confidentiality;
Disclose or release records to others only with the client's expressed written consent or that of the client's legally authorized representative in accordance with § 32.1-127.1:03 of the Code of Virginia;
Ensure confidentiality in the usage of client records and clinical materials by obtaining informed consent from the client or the client's legally authorized representative before (i) videotaping, (ii) audio recording, (iii) permitting third party observation, or (iv) using identifiable client records and clinical materials in teaching, writing, or public presentations; and
Maintain client records for a minimum of five years or as otherwise required by law from the date of termination of the counseling relationship with the following exceptions:

a. At minimum, records of a minor child shall be maintained for five years after attaining the age of majority (18 years) or 10 years following termination, whichever comes later;

b. Records that are required by contractual obligation or federal law to be maintained for a longer period of time; or

c. Records that have been transferred to another mental health service provider or given to the client or his legally authorized representative.

D. In regard to dual relationships, persons licensed by the board shall:

Avoid dual relationships with clients that could impair professional judgment or increase the risk of harm to clients. Examples of such relationships include familial, social, financial, business, bartering, or close personal relationships with clients. Counselors shall take appropriate professional precautions when a dual relationship cannot be avoided, such as informed consent, consultation, supervision, and documentation to ensure that judgment is not impaired and no exploitation occurs;
Not engage in any type of romantic relationships or sexual intimacies with clients or those included in a collateral relationship with the client and not counsel persons with whom they have had a romantic relationship or sexual intimacy. Counselors shall not engage in romantic relationships or sexual intimacies with former clients within a minimum of five years after terminating the counseling relationship. Counselors who engage in such relationship or intimacy after five years following termination shall have the responsibility to examine and document thoroughly that such relations do not have an exploitive nature, based on factors such as duration of counseling, amount of time since counseling, termination circumstances, client's personal history and mental status, or adverse impact on the client. A client's consent to, initiation of, or participation in sexual behavior or involvement with a counselor does not change the nature of the conduct nor lift the regulatory prohibition;
Not engage in any romantic relationship or sexual intimacy or establish a counseling or psychotherapeutic relationship with a supervisee or student. Counselors shall avoid any nonsexual dual relationship with a supervisee or student in which there is a risk of exploitation or potential harm to the supervisee or student or the potential for interference with the supervisor's professional judgment; and
Recognize conflicts of interest and inform all parties of the nature and directions of loyalties and responsibilities involved.

E. Persons licensed by this board shall report to the board known or suspected violations of the laws and regulations governing the practice of professional counseling.

F. Persons licensed by the board shall advise their clients of their right to report to the Department of Health Professions any information of which the licensee may become aware in his professional capacity indicating that there is a reasonable probability that a person licensed or certified as a mental health service provider, as defined in § 54.1-2400.1 of the Code of Virginia, may have engaged in unethical, fraudulent, or unprofessional conduct as defined by the pertinent licensing statutes and regulations.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR560-01-02 § 6.1, eff. July 6, 1988; amended, Virginia Register Volume 5, Issue 24, eff. September 27, 1989; Volume 7, Issue 14, eff. May 8, 1991; Volume 9, Issue 25, eff. October 6, 1993; Volume 16, Issue 13, eff. April 12, 2000; Volume 22, Issue 7, eff. January 11, 2006; Volume 23, Issue 21, eff. July 25, 2007; Volume 25, Issue 20, eff. July 23, 2009; Volume 30, Issue 19, eff. July 3, 2014; Volume 32, Issue 24, eff. August 24, 2016; Volume 37, Issue 24, eff. August 18, 2021.

18VAC115-20-140 Grounds for revocation, suspension, probation, reprimand, censure, or denial of renewal of license

A. Action by the board to revoke, suspend, deny issuance or renewal of a license, or take disciplinary action may be taken in accordance with the following:

Conviction of a felony, or of a misdemeanor involving moral turpitude, or violation of or aid to another in violating any provision of Chapter 35 (§ 54.1-3500 et seq.) of Title 54.1 of the Code of Virginia, any other statute applicable to the practice of professional counseling, or any provision of this chapter;
Procurement of a license, including submission of an application or supervisory forms, by fraud or misrepresentation;
Conducting one's practice in such a manner as to make it a danger to the health and welfare of one's clients or to the public, or if one is unable to practice counseling with reasonable skill and safety to clients by reason of illness, abusive use of alcohol, drugs, narcotics, chemicals, or other type of material or result of any mental or physical condition;
Intentional or negligent conduct that causes or is likely to cause injury to a client or clients;
Performance of functions outside the demonstrable areas of competency;
Failure to comply with the continued competency requirements set forth in this chapter;
Violating or abetting another person in the violation of any provision of any statute applicable to the practice of counseling, or any part or portion of this chapter; or
Performance of an act likely to deceive, defraud, or harm the public.

B. Following the revocation or suspension of a license, the licensee may petition the board for reinstatement upon good cause shown or as a result of substantial new evidence having been obtained that would alter the determination reached.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR560-01-02 § 6.2, eff. July 6, 1988; amended, Virginia Register Volume 5, Issue 24, eff. September 27, 1989; Volume 7, Issue 14, eff. May 8, 1991; Volume 9, Issue 25, eff. October 6, 1993; Volume 16, Issue 13, eff. April 12, 2000; Volume 20, Issue 24, eff. September 8, 2004; Volume 22, Issue 7, eff. January 11, 2006; Volume 30, Issue 19, eff. July 3, 2014.

18VAC115-20-150 Reinstatement following disciplinary action

A. Any person whose license has been suspended or who has been denied reinstatement by board order, having met the terms of the order, may submit a new application and fee for reinstatement of licensure.

B. The board in its discretion may, after an administrative proceeding, grant the reinstatement sought in subsection A of this section.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the Code of Virginia.
Historical Notes: Derived from VR560-01-02 § 6.3, eff. July 6, 1988; amended, Virginia Register Volume 5, Issue 24, eff. September 27, 1989; Volume 7, Issue 14, eff. May 8, 1991; Volume 9, Issue 25, eff. October 6, 1993; Volume 13, Issue 25, eff. August 7, 1997; Volume 16, Issue 13, eff. April 12, 2000; Volume 22, Issue 7, eff. January 11, 2006.

Chapter 30 Regulations Governing the Certification of Substance Abuse Counselors and Substance Abuse Counseling Assistants

Part I General Provisions

18VAC115-30-10 Definitions

A. The following words and terms when used in this chapter shall have the meaning ascribed to them in § 54.1-3500 of the Code of Virginia:

"Board"

"Certified substance abuse counselor"

"Certified substance abuse counseling assistant"

"Licensed substance abuse treatment practitioner"

"Practice of substance abuse treatment"

"Substance abuse" and "substance dependence"

"Substance abuse treatment"

B. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Applicant" means an individual who has submitted a completed application with documentation and the appropriate fees to be examined for certification as a substance abuse counselor or substance abuse counseling assistant.

"Candidate" means a person who has been approved to take the examinations for certification as a substance abuse counselor or substance abuse counseling assistant.

"Clinical supervision" means the ongoing process performed by a clinical supervisor who monitors the performance of the person supervised and provides regular, documented face-to-face consultation, guidance and education with respect to the clinical skills and competencies of the person supervised.

"Clinical supervisor" means one who provides case-related supervision, consultation, education and guidance for the applicant. The supervisor must be credentialed as defined in 18VAC115-30-60 C.

"Competency area" means an area in which a person possesses knowledge and skill and the ability to apply them in the clinical setting.

"Contact hour" means the amount of credit awarded for 60 minutes of participation in and successful completion of a continuing education program.

"Conversion therapy" means any practice or treatment as defined in § 54.1-2409.5 A of the Code of Virginia.

"Didactic" means teaching-learning methods that impart facts and information, usually in the form of one-way communication (includes directed readings and lectures).

"Group supervision" means the process of clinical supervision of no less than two nor more than six persons in a group setting provided by a clinical supervisor.

"NAADAC" means the Association of Addiction Professionals.

"NCC AP" means the National Certification Commission for Addiction Professionals, an affiliate of NAADAC.

"Regionally accredited" means accredited by one of the regional accreditation agencies recognized by the U.S. Department of Education as responsible for accrediting senior postsecondary institutions.

"Substance abuse counseling" means applying a counseling process, treatment strategies and rehabilitative services to help an individual to:

Understand his substance use, abuse, or dependency; and
Change his drug-taking behavior so that it does not interfere with effective physical, psychological, social, or vocational functioning.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR560-01-03 § 1.1, eff. May 8, 1991; amended, Virginia Register Volume 10, Issue 14, eff. May 4, 1994; Volume 16, Issue 7, eff. January 19, 2000; Volume 19, Issue 18, eff. June 18, 2003; Volume 25, Issue 26, eff. October 15, 2009; Volume 36, Issue 11, eff. February 19, 2020; Volume 37, Issue 24, eff. August 18, 2021.

18VAC115-30-15 Maintenance of current name and address

A. Certified substance abuse counselors or counseling assistants shall notify the board of any change of name, email address, or address of record within 60 days.

B. Failure to receive a renewal notice and application forms shall not excuse the certified substance abuse counselor or counseling assistant from the renewal requirement.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 11, eff. February 19, 2020.

18VAC115-30-20 (Repealed.)

Historical Notes

Derived from VR560-01-03 § 1.2, eff. May 8, 1991; amended, Virginia Register Volume 10, Issue 14, eff. May 4, 1994; repealed, Virginia Register Volume 16, Issue 7, eff. January 19, 2000.

18VAC115-30-30 Fees required by the board

A. The board has established the following fees applicable to the certification of substance abuse counselors and substance abuse counseling assistants:

| Substance abuse counselor annual certification renewal | $65 | | --- | --- | | Substance abuse counseling assistant annual certification renewal | $50 | | Substance abuse counselor initial certification by examination: Application processing and initial certification | $115 | | Substance abuse counseling assistant initial certification by examination: Application processing and initial certification | $115 | | Initial certification by endorsement of substance abuse counselors: Application processing and initial certification | $115 | | Registration of supervision | $65 | | Add or change to supervision | $30 | | Duplicate certificate | $10 | | Certificate verification | $25 | | Late renewal | $25 | | Reinstatement of a lapsed certificate | $125 | | Replacement of or additional wall certificate | $25 | | Returned check or dishonored credit card or debit card | $50 | | Reinstatement following revocation or suspension | $600 |

B. All fees are nonrefundable.

C. Examination fees shall be paid directly to the examination services according to its requirements.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR560-01-03 § 1.3, eff. May 8, 1991; amended, Virginia Register Volume 10, Issue 14, eff. May 4, 1994; Volume 13, Issue 7, eff. January 22, 1997; Volume 13, Issue 25, eff. August 7, 1997; Volume 16, Issue 7, eff. January 19, 2000; Volume 16, Issue 13, eff. April 12, 2000; Volume 19, Issue 18, eff. June 18, 2003; Volume 22, Issue 2, eff. January 21, 2006; Volume 22, Issue 14, eff. April 19, 2006; Volume 23, Issue 14, eff. April 18, 2007; Volume 25, Issue 26, eff. October 15, 2009; Volume 26, Issue 14, eff. April 14, 2010; Volume 32, Issue 7, eff. January 15, 2016; Volume 33, Issue 10, eff. February 8, 2017; Volume 37, Issue 1, eff. October 15, 2020.

Part II Requirements for Certification

18VAC115-30-40 Prerequisites for certification by examination for substance abuse counselors

A. Every applicant for certification as a substance abuse counselor by examination shall pass a written examination approved by the board. The board shall determine the passing score on the examination.

If an applicant fails to achieve a passing score within two years of board approval to sit for the examination, the applicant shall reapply according to regulations in effect at that time.
An applicant who has applied twice and has not passed the examination shall not be approved to retake the examination, unless the applicant can provide evidence of extenuating circumstances for failure to pass the examination within the four-year period.

B. Every applicant for examination for certification by the board shall:

Meet the educational and experience requirements prescribed in 18VAC115-30-50 and 18VAC115-30-60;
Submit the following to the board:

a. A completed application form;

b. Official transcript documenting coursework and attainment of a bachelor's or post-baccalaureate degree;

c. Official transcripts or certificates verifying completion of the didactic training requirement set forth in subsection B of 18VAC115-30-50;

d. Attestation of supervisor's education and experience as required under 18VAC115-30-60 if supervised experience was not previously approved by the board;

e. Verification of supervision forms documenting fulfillment of the experience requirements of 18VAC115-30-60;

f. Verification of any other health or mental health license or certificate ever held in Virginia or in another jurisdiction. In order to qualify for certification by examination, the applicant shall have no unresolved action against a license or certificate. The board will consider history of disciplinary action on a case-by-case basis;

g. A current report from the U.S. Department of Health and Human Services National Practitioner Data Bank (NPDB);

h. The application processing and initial certification fee; and

i. Attestation of having read and understood the laws and regulations governing the practice of substance abuse counseling in Virginia.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the Code of Virginia.
Historical Notes: Derived from VR560-01-03 § 2.1, eff. May 8, 1991; amended, Virginia Register Volume 10, Issue 14, eff. May 4, 1994; Volume 13, Issue 25, eff. August 7, 1997; Volume 16, Issue 7, eff. January 19, 2000; Volume 16, Issue 13, eff. April 12, 2000; Volume 19, Issue 18, eff. June 18, 2003; Volume 26, Issue 1, eff. October 14, 2009; Volume 25, Issue 26, eff. October 15, 2009; Volume 32, Issue 7, eff. January 15, 2016; Volume 36, Issue 11, eff. February 19, 2020

18VAC115-30-45 Prerequisites for certification by endorsement for substance abuse counselors

Every applicant for certification by endorsement shall submit:

A completed application;
The application processing and initial certification fee;
Verification of all health or mental health licenses or certificates ever held in Virginia or in any other jurisdiction. In order to qualify for endorsement, the applicant shall have no unresolved action against a license or certificate. The board will consider history of disciplinary action on a case-by-case basis. The board will also determine whether any or all other professional licenses or certificates held in another jurisdiction are substantially equivalent to those sought in Virginia;
A current report from the U.S. Department of Health and Human Services National Practitioner Data Bank (NPDB);
Attestation of having read and understood the regulations and laws governing the practice of substance abuse counseling in Virginia;
Further documentation of one of the following:

a. Active, unrestricted licensure or certification as a substance abuse counselor in another jurisdiction obtained by standards substantially equivalent to the education and experience requirements set forth in this chapter as verified directly from the out-of-state licensing agency or a copy of the regulations in effect at the time of initial licensure or certification; or

b. Verification of a current certification in good standing issued by NCC AP or other board-recognized national certification in substance abuse counseling obtained by educational and experience standards substantially equivalent to those set forth in this chapter; and

Verification of a passing score on an examination in the jurisdiction in which licensure or certification was obtained or on a board-approved national examination at the level for which the applicant is seeking certification in Virginia.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 7, eff. January 19, 2000; amended, Virginia Register Volume 19, Issue 18, eff. June 18, 2003; Volume 26, Issue 1, eff. October 14, 2009; Volume 25, Issue 26, eff. October 15, 2009; Volume 32, Issue 7, eff. January 15, 2016; Volume 36, Issue 11, eff. February 19, 2020.

18VAC115-30-50 Educational requirements for substance abuse counselors

A. An applicant for examination for certification as a substance abuse counselor shall:

Have a bachelor's or post-baccalaureate degree; and
Have completed 240 clock hours of didactic training in substance abuse education from one of the following programs:

a. A regionally accredited university or college; or

b. Seminars and workshops that meet the requirements of subsection B of this section and are offered or approved by one of the following:

(1) Federal, state, or local governmental agencies; public school systems; or licensed health facilities.

(2) The American Association of Marriage and Family Therapists and its state affiliates.

(3) The American Association of State Counseling Boards.

(4) The American Counseling Association and its state and local affiliates.

(5) The American Psychological Association and its state affiliates.

(6) The Commission on Rehabilitation Counselor Certification.

(7) NAADAC and its state and local affiliates.

(8) National Association of Social Workers.

(9) National Board for Certified Counselors.

(10) A national behavioral health organization or certification body recognized by the board.

(11) Individuals or organizations that have been approved as continuing competency sponsors by the American Association of State Counseling Boards or a counseling board in another state.

B. Substance abuse education.

Of the 240 hours of didactic training in substance abuse counseling, a minimum of 120 hours shall be completed prior to registration of supervision.
Each applicant shall have received a minimum of 16 clock hours in each of the following 13 areas:

a. Dynamics of human behavior;

b. Signs and symptoms of substance abuse;

c. Counseling theories and techniques;

d. Continuum of care and case management skills;

e. Recovery process and relapse prevention methods;

f. Professional orientation and ethics;

g. Pharmacology of abused substances;

h. Trauma and crisis intervention;

i. Co-occurring disorders;

j. Cultural competency;

k. Substance abuse counseling approaches and treatment planning;

l. Group counseling; and

m. Prevention, screening, and assessment of substance use and abuse.

C. Groups and classes attended as a part of a therapy or treatment program will not be accepted as any part of the educational experience.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the Code of Virginia.
Historical Notes: Derived from VR560-01-03 § 2.2, eff. May 8, 1991; amended, Virginia Register Volume 10, Issue 14, eff. May 4, 1994; Volume 19, Issue 18, eff. June 18, 2003; Volume 25, Issue 26, eff. October 15, 2009; Volume 36, Issue 11, eff. February 19, 2020.

18VAC115-30-60 Experience requirements for substance abuse counselors

A. Registration. Supervision in Virginia shall be registered and approved by the board prior to the beginning of supervised experience in order to be counted toward certification. Supervision will not be accepted if it does not meet the requirements set forth in subsections B and C of this section. To register supervision for board approval prior to obtaining the supervised experience, an applicant shall submit in one package:

A supervisory contract;
Attestation of the supervisor's education and experience as required under subsections C and D of this section;
The registration fee;
An official transcript documenting attainment of a bachelor's or post-baccalaureate degree; and
Evidence of completion of at least 120 hours of didactic education as required by 18VAC115-30-50 B.

B. Experience requirements.

An applicant for certification as a substance abuse counselor shall have had 2,000 hours of supervised experience in the practice of substance abuse counseling services.
The supervised experience shall include a minimum of one hour and a maximum of four hours per 40 hours of work experience between the supervisor and the applicant to total 100 hours within the required experience. No more than half of these hours may be satisfied with group supervision. One hour of group supervision will be deemed equivalent to one hour of individual supervision.
The supervised experience shall be completed in not less than 12 months and not more than 60 months.

a. Supervisees who began a supervised experience before February 19, 2020, shall complete the supervised experience by February 19, 2025.

b. An individual who does not complete the supervised experience within 60 months may request an extension and shall submit evidence to the board demonstrating the extenuating circumstances that prevented completion of the supervised experience within the required timeframe.

Supervised experience obtained more than 10 years from February 19, 2020, shall not be accepted for certification by examination. The board may make an exception for an applicant who has been providing substance abuse counseling for a minimum of 2,000 hours within the past 60 months and who can submit evidence of such experience.
During the supervised experience, supervisees shall use their names and the title "supervisee" in all written communications. Clients shall be informed in writing of the supervisee's status and the supervisor's name, professional address, and phone number. Supervisees shall not directly bill for their services or represent themselves as independent or autonomous practitioners.
The supervised experience shall consist of 160 hours of experience performing the following tasks with substance abuse clients. Each of the following tasks shall be performed for at least eight hours under supervision as verified by the supervisor on an application for certification:

a. Screening clients to determine eligibility and appropriateness for admission to a particular program;

b. Intake of clients by performing the administrative and initial assessment tasks necessary for admission to a program;

c. Orientation of new clients to program's rules, goals, procedures, services, costs, and the rights of the client;

d. Assessment of client's strengths, weaknesses, problems, and needs for the development of a treatment plan;

e. Treatment planning with the client to identify and rank problems to be addressed, establish goals, and agree on treatment processes;

f. Counseling the client utilizing specialized skills in both individual and group approaches to achieve treatment goals and objectives;

g. Case management activities that bring services, agencies, people, and resources together in a planned framework of action to achieve established goals;

h. Crisis intervention responses to a client's needs during acute mental, emotional, or physical distress;

i. Education of clients by providing information about drug abuse and available services and resources;

j. Referral of clients in order to meet identified needs unable to be met by the counselor and assisting the client in effectively utilizing those resources;

k. Reporting and charting information about a client's assessment, treatment plan, progress, discharge summaries, and other client-related data; and

l. Consultation with other professionals to assure comprehensive quality care for the client.

C. Supervisor qualifications. A board-approved clinical supervisor shall hold an active, unrestricted license or certification and shall be:

A licensed substance abuse treatment practitioner;
A licensed professional counselor, licensed clinical psychologist, licensed clinical social worker, licensed marriage and family therapist, medical doctor, or registered nurse who has either:

a. A board-recognized national certification in substance abuse counseling obtained by standards substantially equivalent to those set forth in this chapter;

b. A certification as a substance abuse counselor issued by this board; or

c. A minimum of one year of experience in substance abuse counseling and at least 100 hours of didactic training covering the areas outlined in 18VAC115-30-50 B 2 a through 2 m; or

A substance abuse counselor certified by the Virginia Board of Counseling who has two years of experience as a Virginia board-certified substance abuse counselor.

D. Supervisor training. In order to be approved by the board after February 19, 2021, a clinical supervisor shall obtain professional training in supervision consisting of three credit hours or four quarter hours in graduate-level coursework in supervision or at least 20 hours of continuing education in supervision offered by a provider approved under 18VAC115-30-50.

E. Supervisory responsibilities.

Supervisors shall assume responsibility for the professional activities of the supervisee under their supervision.
Supervisors shall not provide supervision for activities for which supervisees have not had appropriate education.
Supervisors shall provide supervision only for those substance abuse counseling services that they are qualified to render.
At the time of the application for certification by examination, the board-approved supervisor shall document minimal competencies in the areas in 18VAC115-30-60 B 6, the total hours of supervision, and any needs for additional supervision or training. The supervisor shall document successful completion of the applicant's supervised experience on the Verification of Supervision Form and shall maintain documentation for five years post supervision.
Supervision by any individual whose relationship to the supervisee compromises the objectivity of the supervisor is prohibited.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the Code of Virginia.
Historical Notes: Derived from VR560-01-03 § 2.3, eff. May 8, 1991; amended, Virginia Register Volume 10, Issue 14, eff. May 4, 1994; Volume 13, Issue 25, eff. August 7, 1997; Volume 16, Issue 7, eff. January 19, 2000; Volume 19, Issue 18, eff. June 18, 2003; Volume 25, Issue 26, eff. October 15, 2009; Volume 32, Issue 7, eff. January 15, 2016; Volume 36, Issue 11, eff. February 19, 2020; Volume 38, Issue 10, eff. February 17, 2022.

18VAC115-30-61 Prerequisites for certification by examination for substance abuse counseling assistants

A. Every applicant for certification as a substance abuse counseling assistant shall pass a written examination approved by the board. The board shall determine the passing score on the examination.

If an applicant fails to achieve a passing score within two years of board approval to sit for the examination, the applicant shall reapply according to regulations in effect at that time.
An applicant who has applied twice and has not passed the examination shall not be approved to retake the examination, unless the applicant can provide evidence of extenuating circumstances for failure to pass the examination within the four-year period.

B. Every applicant for examination for certification by the board shall:

Meet the educational and experience requirements prescribed in 18VAC115-30-62 and 18VAC115-30-63; and
Submit the following to the board within the timeframe established by the board:

a. A completed application form;

b. Official transcript documenting attainment of a high school diploma, a general education development (GED) certificate, or a post-secondary degree;

c. The application processing and initial certification fee;

d. Verification of all health or mental health licenses or certificates ever held in Virginia or in any other jurisdiction. In order to qualify for certification, the applicant shall have no unresolved action against a license or certificate. The board will consider the history of disciplinary action on a case-by-case basis; and

e. A current report from the U.S. Department of Health and Human Services National Practitioner Data Bank (NPDB).

History

Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. June 18, 2003; amended, Virginia Register Volume 25, Issue 26, eff. October 15, 2009; Volume 36, Issue 11, eff. February 19, 2020.

18VAC115-30-62 Educational requirements for substance abuse counseling assistants

A. An applicant for certification as a substance abuse counseling assistant shall:

Have obtained a high school diploma, a general educational development (GED) certificate, or a post-secondary degree; and
Have completed substance abuse education from one of the following programs:

a. A regionally accredited university or college; or

b. Seminars and workshops that meet the educational requirements specified in subsection B of this section and are offered or approved by one of the following:

(1) Federal, state, or local governmental agencies; public school systems; or licensed health facilities.

(2) The American Association of Marriage and Family Therapists and its state affiliates.

(3) The American Association of State Counseling Boards.

(4) The American Counseling Association and its state and local affiliates.

(5) The American Psychological Association and its state affiliates.

(6) The Commission on Rehabilitation Counselor Certification.

(7) NAADAC and its state and local affiliates.

(8) National Association of Social Workers.

(9) National Board for Certified Counselors.

(10) A national behavioral health organization or certification body recognized by the board.

(11) Individuals or organizations that have been approved as continuing competency sponsors by the American Association of State Counseling Boards or a counseling board in another state.

B. Substance abuse education. The education will include 120 hours spent in receiving didactic training in substance abuse counseling. Each applicant shall have received a minimum of eight clock hours in each of the following 13 areas:

a. Understanding the dynamics of human behavior;

b. Signs and symptoms of substance abuse;

c. Counseling theories and techniques;

d. Case management skills and continuum of care;

e. Recovery process and relapse prevention methods;

f. Professional orientation and ethics;

g. Cultural competency;

h. Trauma and crisis intervention;

i. Pharmacology of abused substances;

j. Co-occurring disorders;

k. Substance abuse counseling approaches and treatment planning;

l. Group counseling; and

m. Prevention, screening, and assessment of substance use and abuse.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 18, eff. June 18, 2003; amended, Virginia Register Volume 25, Issue 26, eff. October 15, 2009; Volume 36, Issue 11, eff. February 19, 2020.

18VAC115-30-63 Experience requirements for substance abuse counseling assistants

A. In addition to the didactic training required in 18VAC115-30-62, the education shall include 180 hours of experience in a practicum or internship consistent with § 54.1-3507.2 C of the Code of Virginia performing the following tasks with substance abuse clients while under supervision:

Screening clients and gathering information used in making the determination for the need for additional professional assistance;
Intake of clients by performing the administrative tasks necessary for admission to a program;
Orientation of new clients to program's rules, goals, procedures, services, costs, and the rights of the client;
Assisting the client in identifying and ranking problems to be addressed, establishing goals, and agreeing on treatment processes;
Implementation of a substance abuse treatment plan as directed by the supervisor;
Implementation of case management activities that bring services, agencies, people, and resources together in a planned framework of action to achieve established goals;
Assistance in identifying appropriate crisis intervention responses to a client's needs during acute mental, emotional, or physical distress;
Education of clients by providing information about drug abuse and available services and resources;
Facilitating the client's utilization of available support systems and community resources to meet needs identified in clinical valuation or treatment planning;
Reporting and charting information about the client's treatment, progress, and other client-related data; and
Consultation with other professionals to assure comprehensive quality care for the client.

B. Each of these tasks shall be performed for at least eight hours under supervision and shall be verified as a part of the application by the supervisor.

C. Groups and classes attended as a part of a therapy or treatment program shall not be accepted as any part of the educational experience.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 11, eff. February 19, 2020.

18VAC115-30-70 (Repealed.)

Historical Notes

Derived from VR560-01-03 § 2.4, eff. May 8, 1991; amended, Virginia Register Volume 10, Issue 14, eff. May 4, 1994; Volume 16, Issue 7, eff. January 19, 2000; repealed, Virginia Register Volume 19, Issue 18, eff. June 18, 2003.

18VAC115-30-80 (Repealed.)

Historical Notes

Derived from VR560-01-03 § 2.5, eff. May 8, 1991; amended, Virginia Register Volume 10, Issue 14, eff. May 4, 1994; repealed, Virginia Register Volume 16, Issue 7, eff. January 19, 2000.

18VAC115-30-90 (Repealed.)

History

Historical Notes: Derived from VR560-01-03 § 3.1, eff. May 8, 1991; amended, Virginia Register Volume 10, Issue 14, eff. May 4, 1994; Volume 13, Issue 25, eff. August 7, 1997; Volume 16, Issue 7, eff. January 19, 2000; Volume 19, Issue 18, eff. June 18, 2003; Volume 25, Issue 26, eff. October 15, 2009; repealed, Virginia Register Volume 36, Issue 11, eff. February 19, 2020.

18VAC115-30-100 (Repealed.)

Historical Notes

Derived from VR560-01-03 § 3.2, eff. May 8, 1991; amended, Virginia Register Volume 10, Issue 14, eff. May 4, 1994; repealed, Virginia Register Volume 16, Issue 7, eff. January 19, 2000.

Part III Renewal and Reinstatement

18VAC115-30-110 Annual renewal of certificate

A. Every certificate issued by the board shall expire on June 30 of each year.

B. Along with the renewal form, the certified substance abuse counselor or certified substance abuse counseling assistant shall submit the renewal fee prescribed in 18VAC115-30-30 and shall attest to completion of continuing education as required by 18VAC115-30-111.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the Code of Virginia.
Historical Notes: Derived from VR560-01-03 § 4.1, eff. May 8, 1991; amended, Virginia Register Volume 10, Issue 14, eff. May 4, 1994; Volume 13, Issue 7, eff. January 22, 1997; Volume 16, Issue 7, eff. January 19, 2000; Volume 16, Issue 13, eff. April 12, 2000; Volume 19, Issue 18, eff. June 18, 2003; Volume 25, Issue 22, eff. August 5, 2009; Volume 26, Issue 1, eff. October 14, 2009; Volume 36, Issue 11, eff. February 19, 2020.

18VAC115-30-111 Continuing education requirements

A. Certified substance abuse counselors shall be required to have completed a minimum of 10 contact hours of continuing education in substance abuse and certified substance abuse counseling assistants shall be required to have completed a minimum of five contact hours of continuing education in substance abuse prior to renewal each year.

Continuing education hours shall be offered by an approved provider listed in 18VAC115-30-50 A or 18VAC115-30-62 A, and the course content shall be consistent with 18VAC115-30-50 B or 18VAC115-30-62 B.
Attestation of completion of continuing education is not required for the first renewal following initial certification in Virginia.

B. The board may grant an extension for good cause of up to one year for the completion of continuing education requirements upon written request from the certificate holder prior to the renewal date. Such extension shall not relieve the certificate holder of the continuing education requirement.

C. The board may grant an exemption for all or part of the continuing education requirements due to circumstances beyond the control of the certificate holder such as temporary disability, mandatory military service, or officially declared disasters upon written request from the certificate holder prior to the renewal date.

D. All certificate holders are required to maintain original documentation, including official transcripts showing credit hours earned or certificates of participation, for a period of three years following renewal.

E. The board may conduct an audit of certificate holders to verify compliance with the requirement for a renewal period. Upon request, a certificate holder shall provide documentation of credit hours or participation.

F. Continuing education hours required by disciplinary order shall not be used to satisfy renewal requirements.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 11, eff. February 19, 2020.

18VAC115-30-120 Reinstatement

A. A person whose certificate has expired may renew it within one year after its expiration date by paying the late renewal fee prescribed in 18VAC115-30-30 and the certification fee prescribed for the year the certificate was not renewed.

B. A person who fails to renew a certificate after one year or more shall:

Apply for reinstatement;
Pay the reinstatement fee for a lapsed certificate;
Submit verification of any other health or mental health license or certificate ever held in another jurisdiction;
Submit a current report from the U.S. Department of Health and Human Services National Practitioner Data Bank; and
Submit evidence of a minimum of 20 hours of substance abuse education that is consistent with course content specified in 18VAC115-30-50 B for substance abuse counselors and in 18VAC115-30-62 for substance abuse counseling assistants to demonstrate the continued ability to perform the functions within the scope of practice of the certificate. Courses shall be offered or approved by a provider listed in 18VAC115-30-50 A or 18VAC115-30-62 A.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the Code of Virginia.
Historical Notes: Derived from VR560-01-03 § 4.2, eff. May 8, 1991; amended, Virginia Register Volume 10, Issue 14, eff. May 4, 1994; Volume 13, Issue 7, eff. January 22, 1997; Volume 16, Issue 7, eff. January 19, 2000; Volume 16, Issue 13, eff. April 12, 2000; Volume 25, Issue 26, eff. October 15, 2009; Volume 36, Issue 11, eff. February 19, 2020.

18VAC115-30-130 (Repealed.)

Historical Notes

Derived from VR560-01-03 § 4.3, eff. May 8, 1991; amended, Virginia Register Volume 10, Issue 14, eff. May 4, 1994; repealed, Virginia Register Volume 16, Issue 7, eff. January 19, 2000.

Part V Standards of Practice; Disciplinary Actions; Reinstatement

18VAC115-30-140 Standards of practice

B. Persons certified by the board shall:

Practice in a manner that is in the best interest of the public and does not endanger the public health, safety, or welfare.
Be able to justify all services rendered to clients as necessary for diagnostic or therapeutic purposes.
Practice only within the competency area for which they are qualified by training or experience.
Report to the board known or suspected violations of the laws and regulations governing the practice of certified substance abuse counselors or certified substance abuse counseling assistants.
Neither accept nor give commissions, rebates, or other forms of remuneration for referral of clients for professional services. Make appropriate consultations and referrals based on the best interest of clients.
Stay abreast of new developments, concepts, and practices that are necessary to providing appropriate services.
Document the need for and steps taken to terminate a counseling relationship when it becomes clear that the client is not benefiting from the relationship. Document the assistance provided in making arrangements for the continuation of treatment for clients when necessary, following termination of a counseling relationship.
Not willfully or negligently breach the confidentiality between a practitioner and a client. A breach of confidentiality that is required or permitted by applicable law or beyond the control of the practitioner shall not be considered negligent or willful.
Not engage in conversion therapy with any person younger than 18 years of age.
Practice under supervision as specified in § 54.1-3507.1 of the Code of Virginia. Substance abuse counselors shall not directly bill for services rendered, or in any way represent themselves as independent, autonomous practitioners.

C. In regard to client records, persons certified by the board shall:

Disclose counseling records to others only in accordance with applicable law.
Maintain client records securely, inform all employees of the requirements of confidentiality, and provide for the destruction of records that are no longer useful in a manner that ensures client confidentiality.
Ensure confidentiality in the usage of client records and clinical materials by obtaining informed consent from the client or the client's legally authorized representative before (i) videotaping, (ii) audio recording, (iii) permitting third-party observation, or (iv) using identifiable client records and clinical materials in teaching, writing, or public presentations.
Maintain timely, accurate, legible, and complete written or electronic records for each client, to include counseling dates and identifying information to substantiate the substance abuse counseling plan, client progress, and termination.
Maintain client records for a minimum of five years or as otherwise required by law from the date of termination of the counseling relationship with the following exceptions:

a. At minimum, records of a minor child shall be maintained for five years after attaining the age of majority (18 years);

b. Records that are required by contractual obligation or federal law to be maintained for a longer period of time; or

c. Records that have been transferred to another mental health service provider or given to the client or the client's legally authorized representative.

D. In regard to dual relationships, persons certified by the board shall:

Not engage in dual relationships with clients, former clients, supervisees, and supervisors that are harmful to the client's or supervisee's well-being or that would impair the substance abuse counselor's, substance abuse counseling assistant's, or supervisor's objectivity and professional judgment or increase the risk of client or supervisee exploitation. This prohibition includes such activities as counseling close friends, former sexual partners, employees, or relatives or engaging in business relationships with clients.
Not engage in sexual intimacies or romantic relationships with current clients or supervisees. For at least five years after cessation or termination of professional services, certified substance abuse counselors and certified substance abuse counseling assistants shall not engage in sexual intimacies or romantic relationships with a client or those included in collateral therapeutic services. Because sexual or romantic relationships are potentially exploitative, certified substance abuse counselors and certified substance abuse counseling assistants shall bear the burden of demonstrating that there has been no exploitation. A client's consent to, initiation of, or participation in sexual behavior or involvement with a certified substance abuse counselor or certified substance abuse counseling assistants does not change the nature of the conduct nor lift the regulatory prohibition.
Recognize conflicts of interest and inform all parties of obligations, responsibilities, and loyalties to third parties.

E. Upon learning of evidence that indicates a reasonable probability that another mental health provider is or may be guilty of a violation of standards of conduct as defined in statute or regulation, persons certified by the board shall advise their clients of their right to report such misconduct to the Department of Health Professions in accordance with § 54.1-2400.4 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the Code of Virginia.
Historical Notes: Derived from VR560-01-03 § 5.1, eff. May 8, 1991; amended, Virginia Register Volume 10, Issue 14, eff. May 4, 1994; Volume 16, Issue 7, eff. January 19, 2000; Volume 19, Issue 1, eff. October 23, 2002; Volume 19, Issue 18, eff. June 18, 2003; Volume 36, Issue 11, eff. February 19, 2020; Volume 37, Issue 24, eff. August 18, 2021; Volume 38, Issue 10, eff. February 17, 2022.

18VAC115-30-150 Grounds for disciplinary action, denial of initial certification, or denial of renewal of certification

In accordance with subdivision 7 of § 54.1-2400 and § 54.1-2401 of the Code of Virginia, the board may revoke, suspend, restrict, impose a monetary penalty, or decline to issue or renew a certificate based upon the following conduct:

Conviction of a felony or of a misdemeanor involving moral turpitude, or violation of or aid to another in violating any provision of Chapter 35 (§ 54.1-3500 et seq.) of Title 54.1 of the Code of Virginia, any other statute applicable to the practice of substance abuse counseling, or any provision of this chapter;
Procuring a certificate, including submission of an application or supervisory forms, by fraud or misrepresentation;
Conducting one's practice in such a manner so as to make it a danger to the health and welfare of one's clients or to the public; or if one is unable to practice substance abuse counseling with reasonable skill and safety to clients by reason of illness, abusive use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition;
Violating or abetting another person in the violation of any provision of any statute applicable to the practice of substance abuse counseling or any regulation in this chapter;
Performance of functions outside the board-certified area of competency in accordance with regulations set forth in this chapter and §§ 54.1-3507.1 and 54.1-3507.2 of the Code of Virginia;
Performance of an act likely to deceive, defraud, or harm the public;
Intentional or negligent conduct that causes or is likely to cause injury to a client;
Failure to cooperate with an employee of the Department of Health Professions in the conduct of an investigation;
Failure to report evidence of child abuse or neglect as required in § 63.2-1509 of the Code of Virginia or elder abuse or neglect as required in § 63.2-1606 of the Code of Virginia; or
Action taken against a health or mental health license, certification, registration, or application in Virginia or another jurisdiction.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the Code of Virginia.
Historical Notes: Derived from VR560-01-03 § 5.2, eff. May 8, 1991; amended, Virginia Register Volume 10, Issue 14, eff. May 4, 1994; Volume 16, Issue 7, eff. January 19, 2000; Volume 24, Issue 14, eff. April 16, 2008; Volume 25, Issue 26, eff. October 15, 2009; Volume 36, Issue 11, eff. February 19, 2020.

18VAC115-30-160 Reinstatement following disciplinary action

A. Any person whose certificate has been suspended or denied renewal by the board under the provisions of 18VAC115-30-150 may, two years subsequent to such board action, submit a new application for reinstatement of certification. Any person whose certificate has been revoked by the board under the provisions of 18VAC115-30-150 may, three years subsequent to such board action, submit a new application to the board for certification to the board.

B. The board in its discretion may, after a hearing, grant the reinstatement sought in subsection A of this section.

C. The applicant for reinstatement, if approved, shall be certified upon payment of the appropriate fee applicable at the time of reinstatement.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR560-01-03 § 5.3, eff. May 8, 1991; amended, Virginia Register Volume 10, Issue 14, eff. May 4, 1994; Volume 13, Issue 25, eff. August 7, 1997; Volume 16, Issue 7, eff. January 19, 2000; Volume 16, Issue 13, eff. April 12, 2000; Volume 24, Issue 14, eff. April 16, 2008.

Chapter 40 Regulations Governing the Certification of Rehabilitation Providers

Part I General Provisions

18VAC115-40-10 Definitions

A. The terms "board," "certified rehabilitation provider," and " professional judgment," when used in this chapter, shall have the meanings ascribed to them in §§ 54.1-3500 and 54.1-3510 of the Code of Virginia.

B. The following words and terms, when used in this chapter, shall have the following meanings unless the context indicates otherwise:

"Competency area" means an area in which a person possesses knowledge and skills and the ability to apply them in the rehabilitation setting.

"Experience" means on-the-job experience under appropriate supervision as set forth in this chapter.

"Internship" means a supervised field experience as part of a degree requirement obtained from a regionally accredited university as set forth in 18VAC115-40-22.

"Regionally accredited" means an institution accredited by one of the regional accreditation agencies recognized by the United States Secretary of Education as responsible for accrediting senior post-secondary institutions and training programs.

"Rehabilitation client" means an individual receiving rehabilitation services whose benefits are regulated by the Virginia Workers' Compensation Commission.

"Supervisee" means any individual who has met the education requirements and is under appropriate supervision and working towards certification according to the requirements of this chapter. Services provided by the supervisee shall not involve the exercise of professional judgment as defined in § 54.1-3510 of the Code of Virginia.

"Supervision" means the ongoing process performed by a supervisor who monitors the performance of the person supervised and provides regular, documented, personal instruction, guidance, and education with respect to the skills and competencies of the person supervised.

"Supervisor" means one who provides case-related supervision, consultation, education, and guidance for the applicant. The supervisor must be credentialed as defined in 18VAC115-40-27.

"Training" means the educational component of on-the-job experience.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3515 of the Code of Virginia.
Historical Notes: Derived from VR560-01-04 § 1.1, eff. November 1, 1995; amended, Virginia Register Volume 13, Issue 13, eff. April 16, 1997; Volume 14, Issue 25, eff. September 30, 1998.

18VAC115-40-20 Fees required by the board

A. The board has established the following fees applicable to the certification of rehabilitation providers:

| Initial certification by examination: Processing and initial certification | $115 | | --- | --- | | Initial certification by endorsement: Processing and initial certification | $115 | | Certification renewal | $65 | | Duplicate certificate | $10 | | Verification of certification | $25 | | Late renewal | $25 | | Reinstatement of a lapsed certificate | $125 | | Replacement of or additional wall certificate | $25 | | Returned check or dishonored credit card or debit card | $50 | | Reinstatement following revocation or suspension | $600 |

B. Fees shall be paid to the board. All fees are nonrefundable.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR560-01-04 § 1.2, eff. November 1, 1995; amended, Virginia Register Volume 13, Issue 13, eff. April 16, 1997; Volume 14, Issue 25, eff. September 30, 1998; Volume 16, Issue 13, eff. April 12, 2000; Volume 22, Issue 14, eff. April 19, 2006; Volume 23, Issue 14, eff. April 18, 2007; Volume 26, Issue 14, eff. April 14, 2010; Volume 32, Issue 7, eff. January 15, 2016; Volume 33, Issue 10, eff. February 8, 2017; Volume 37, Issue 1, eff. October 15, 2020; Volume 38, Issue 1, eff. September 29, 2021; Errata, 38:3 VA.R. 391 September 27, 2021.

Part II Requirements for Certification

18VAC115-40-22 Criteria for eligibility

A. Education and experience requirements for certification are as follows:

Any baccalaureate degree from a regionally accredited college or university or a current registered nurse license in good standing in Virginia; and
Documentation of 2,000 hours of supervised experience in performing those services that will be offered to a workers' compensation claimant under § 65.2-603 of the Code of Virginia. Experience may be acquired through supervised training or experience or both. A supervised internship in rehabilitation services may count toward part of the required 2,000 hours. Any individual who does not meet the experience requirement for certification must practice under the supervision of an individual who meets the requirements of 18VAC115-40-27. Individuals shall not practice in an internship or supervisee capacity for more than five years.

B. A passing score on a board-approved examination shall be required.

C. The board may grant certification without examination to applicants certified as rehabilitation providers in other states or by nationally recognized certifying agencies, boards, associations and commissions by standards substantially equivalent to those set forth in the board's current regulation.

D. The applicant shall have no unresolved disciplinary action against a health, mental health, or rehabilitation-related license, certificate, or registration in Virginia or in another jurisdiction. The board will consider history of disciplinary action on a case-by-case basis.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 13, eff. April 16, 1997; amended, Virginia Register Volume 14, Issue 25, eff. September 30, 1998; Volume 38, Issue 1, eff. September 29, 2021.

18VAC115-40-23 [Reserved]. (Reserved)

18VAC115-40-25 Application process

The applicant shall submit to the board:

A completed application form;
The official transcript or transcripts submitted from the appropriate institutions of higher education;
Documentation, on the appropriate forms, of the successful completion of the supervised experience requirement of 18VAC115-40-26. Documentation of supervision obtained outside of Virginia must include verification of the supervisor's out-of-state license or certificate;
Documentation of passage of the examination required by 18VAC115-40-28;
A current report from the U.S. Department of Health and Human Services National Practitioner Data Bank (NPDB); and
Verification that the applicant's national or out-of-state license or certificate is in good standing where applicable.

History

Statutory Authority: §54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 13, eff. April 16, 1997; amended, Virginia Register Volume 14, Issue 25, eff. September 30, 1998; Volume 26, Issue 1, eff. October 14, 2009; Volume 32, Issue 7, eff. January 15, 2016; Volume 38, Issue 1, eff. September 29, 2021.

18VAC115-40-26 Supervised experience requirement

The following shall apply to the supervised experience requirement for certification:

On average, the supervisor and the supervisee shall consult for two hours per week in group or personal instruction. The total hours of personal instruction shall not be less than 100 hours within the 2,000 hours of experience. Group instruction shall not exceed six persons in a group.
Half of the personal instruction contained in the total supervised experience shall be face-to-face between the supervisor and supervisee. A portion of the face-to-face instruction shall include direct observation of the supervisee-rehabilitation client interaction.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 14, Issue 25, eff. September 30, 1998; amended, Virginia Register Volume 38, Issue 1, eff. September 29, 2021.

18VAC115-40-27 Supervisor requirements

A. A supervisor shall:

Be a licensed professional counselor, licensed psychologist, licensed clinical social worker, licensed marriage and family therapist, licensed substance abuse treatment practitioner, licensed physician or licensed registered nurse with a minimum of one year of experience in rehabilitation service provision;
Be a rehabilitation provider certified by the board who has national certification in rehabilitation service provision as outlined in subsection C of 18VAC115-40-22; or
Have two years experience as a board certified rehabilitation provider.

B. The supervisor shall assume responsibility for the professional activities of the supervisee.

C. At the time of application for certification by examination, the supervisor shall document for the board: (i) credentials to provide supervision in accordance with this section, (ii) the applicant's total hours of supervision, (iii) length of work experience, (iv) competence in rehabilitation service provision, and (v) any needs for additional supervision or training.

D. Supervision by any individual whose relationship to the supervisee compromises the objectivity of the supervisor is prohibited. This includes but is not limited to immediate family members (spouses, parents, siblings, children and in-laws).

History

Statutory Authority: §§ 54.1-2400 and 54.1-3515 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 14, Issue 25, eff. September 30, 1998.

Part III Examinations

18VAC115-40-28 General examination requirements

Every applicant for certification as a rehabilitation provider shall take a written examination approved by the board and achieve a passing score as determined by the board.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 13, eff. April 16, 1997; amended, Virginia Register Volume 32, Issue 7, eff. January 15, 2016.

18VAC115-40-29 [Reserved]. (Reserved)

Part IV Renewal and Reinstatement

18VAC115-40-30 Annual renewal of certificate

Every certificate issued by the board shall expire on June 30 of each year.

To renew certification, the certified rehabilitation provider shall submit a renewal form and fee as prescribed in 18VAC115-40-20.
Failure to receive a renewal notice and form shall not excuse the certified rehabilitation provider from the renewal requirement.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR560-01-04 § 2.1, eff. November 1, 1995; amended, Virginia Register Volume 26, Issue 1, eff. October 14, 2009; Volume 38, Issue 1, eff. September 29, 2021.

18VAC115-40-35 Reinstatement

A. A person whose certificate has expired may renew it within one year after its expiration date by paying the renewal fee and the late renewal fee prescribed in 18VAC115-40-20.

B. A person who fails to renew a certificate for one year or more shall apply for reinstatement, pay the reinstatement fee and submit evidence regarding the continued ability to perform the functions within the scope of practice of the certification, such as certificates of completion for continuing education, verification of practice in another jurisdiction, or maintenance of national certification.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 13, eff. April 16, 1997; amended, Virginia Register Volume 16, Issue 13, eff. April 12, 2000; Volume 38, Issue 1, eff. September 29, 2021.

18VAC115-40-36 [Reserved]. (Reserved)

18VAC115-40-38 Change of name or address

A certified rehabilitation provider whose name has changed or whose address of record or public address, if different from the address of record, has changed shall submit the name change or new address in writing to the board within 60 days of such change.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 13, eff. April 16, 1997; amended, Virginia Register Volume 25, Issue 22, eff. August 5, 2009; Volume 38, Issue 1, eff. September 29, 2021.

18VAC115-40-39 [Reserved]. (Reserved)

Part V Standards of Practice; Disciplinary Actions; Reinstatement

18VAC115-40-40 Standards of practice

A. The protection of the public health, safety and welfare, and the best interest of the public shall be the primary guide in determining the appropriate professional conduct of all persons whose activities are regulated by the board.

B. Each person certified by the board shall:

Provide services in a manner that is in the best interest of the public and does not endanger the public health, safety, or welfare.
Provide services only within the competency areas for which one is qualified by training or experience.
Not provide services under a false or assumed name, or impersonate another practitioner of a like, similar or different name.
Be aware of the areas of competence of related professions and make full use of professional, technical and administrative resources to secure for rehabilitation clients the most appropriate services.
Not commit any act which is a felony under the laws of this Commonwealth, other states, the District of Columbia or the United States, or any act which is a misdemeanor under such laws and involves moral turpitude.
Stay abreast of new developments, concepts and practices which are important to providing appropriate services.
State a rationale in the form of an identified objective or purpose for the provision of services to be rendered to the rehabilitation client.
Not engage in offering services to a rehabilitation client who is receiving services from another rehabilitation provider without attempting to inform such other providers in order to avoid confusion and conflict for the rehabilitation client.
Represent accurately one's competence, education, training and experience.
Refrain from undertaking any activity in which one's personal problems are likely to lead to inadequate or harmful services.
Not engage in improper direct solicitation of rehabilitation clients and shall announce services fairly and accurately in a manner which will aid the public in forming their own informed judgments, opinions and choices and which avoids fraud and misrepresentation through sensationalism, exaggeration or superficiality.
Recognize conflicts of interest and inform all parties of the nature and directions of loyalties and responsibilities involved.
Report to the board known or suspected violations of the laws and regulations governing the practice of rehabilitation providers.
Report to the board any unethical or incompetent practices by other rehabilitation providers that jeopardize public safety or cause a risk of harm to rehabilitation clients.
Provide rehabilitation clients with accurate information of what to expect in the way of tests, evaluations, billing, rehabilitation plans and schedules before rendering services.
Provide services and submission of reports in a timely fashion and ensure that services and reports respond to the purpose of the referral and include recommendations, if appropriate. All reports shall reflect an objective, independent opinion based on factual determinations within the provider's area of expertise and discipline. The reports of services and findings shall be distributed to appropriate parties and shall comply with all applicable legal regulations.
Specify, for the referral source and the rehabilitation client, at the time of initial referral, what services are to be provided and what practices are to be conducted. This shall include the identification, as well as the clarification, of services that are available by that member.
Assure that the rehabilitation client is aware, from the outset, if the delivery of service is being observed by a third party. Professional files, reports and records shall be maintained for three years beyond the termination of services.
Never engage in nonprofessional relationships with rehabilitation clients that compromise the rehabilitation client's well-being, impair the rehabilitation provider's objectivity and judgment or increase the risk of rehabilitation client exploitation.
Never engage in sexual intimacy with rehabilitation clients or former rehabilitation clients, as such intimacy is unethical and prohibited.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3515 of the Code of Virginia.
Historical Notes: Derived from VR560-01-04 § 3.1, eff. November 1, 1995; amended, Virginia Register Volume 14, Issue 25, eff. September 30, 1998.

18VAC115-40-50 Grounds for revocation, suspension, probation, reprimand, censure, denial of renewal of certificate; petition for rehearing

Action by the board to revoke, suspend, decline to issue or renew a certificate, to place such a certificate holder on probation or to censure, reprimand or fine a certified rehabilitation provider may be taken in accord with the following:

Procuring, attempting to procure, or maintaining a license, certificate, or registration by fraud or misrepresentation.
Violation of, or aid to another in violating, any regulation or statute applicable to the provision of rehabilitation services.
The denial, revocation, suspension or restriction of a registration, license, or certificate to practice in another state, or a United States possession or territory or the surrender of any such registration, license, or certificate while an active administrative investigation is pending.
Conviction of any felony, or of a misdemeanor involving moral turpitude.
Providing rehabilitation services without reasonable skill and safety to clients by virtue of physical, mental, or emotional illness or substance misuse;
Conducting one's practice in such a manner as to be a danger to the health and welfare of one's clients or to the public;
Performance of functions outside of one's board-certified area of competency;
Intentional or negligent conduct that causes or is likely to cause injury to a client;
Performance of an act likely to deceive, defraud, or harm the public;
Failure to cooperate with an employee of the Department of Health Professions in the conduct of an investigation;
Failure to report evidence of child abuse or neglect as required by § 63.2-1509 of the Code of Virginia or elder abuse or neglect as required by § 63.2-1606 of the Code of Virginia;
Knowingly allowing persons under supervision to jeopardize client safety or provide care to clients outside of such person's scope of practice or area of responsibility; or
Violating any provisions of this chapter, including practice standards set forth in 18VAC115-40-40.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR560-01-04 § 3.2, eff. November 1, 1995; amended, Virginia Register Volume 13, Issue 13, eff. April 16, 1997; Volume 14, Issue 25, eff. September 30, 1998; Volume 38, Issue 1, eff. September 29, 2021.

18VAC115-40-60 (Repealed.)

Historical Notes

Derived from VR560-01-04 § 3.3, eff. November 1, 1995; repealed, Virginia Register Volume 13, Issue 13, eff. April 16, 1997.

18VAC115-40-61 Reinstatement following disciplinary action

A. Any person whose certificate has been revoked, suspended or denied renewal by the board under the provisions of 18VAC115-40-50 must submit a new application for reinstatement of certification.

B. The board in its discretion may, after a hearing, grant the reinstatement sought in subsection A of this section.

C. The applicant for such reinstatement, if approved, shall be certified upon payment of the appropriate fee applicable at the time of reinstatement.

History

Statutory Authority: §§ 54.1-113 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 13, eff. April 12, 2000.

Chapter 60 Regulations Governing the Practice of Licensed Substance Abuse Treatment Practitioners

Part I General Provisions

18VAC115-60-10 Definitions

A. The following words and terms when used in this chapter shall have the meaning ascribed to them in § 54.1-3500 of the Code of Virginia:

"Board"

"Licensed substance abuse treatment practitioner"

"Substance abuse"

"Substance abuse treatment"

B. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Applicant" means any individual who has submitted an official application and paid the application fee for licensure as a substance abuse treatment practitioner.

"CACREP" means the Council for Accreditation of Counseling and Related Educational Programs.

"Clinical substance abuse treatment services" means activities such as assessment, diagnosis, treatment planning, and treatment implementation.

"COAMFTE" means the Commission on Accreditation for Marriage and Family Therapy Education.

"Competency area" means an area in which a person possesses knowledge and skill and the ability to apply them in the clinical setting.

"Conversion therapy" means any practice or treatment as defined in § 54.1-2409.5 A of the Code of Virginia.

"Exempt setting" means an agency or institution in which licensure is not required to engage in the practice of substance abuse treatment according to the conditions set forth in § 54.1-3501 of the Code of Virginia.

"Face-to-face" means the in-person delivery of clinical substance abuse treatment services for a client.

"Group supervision" means the process of clinical supervision of no more than six persons in a group setting provided by a qualified supervisor.

"Internship" means a formal academic course from a regionally accredited university in which supervised, practical experience is obtained in a clinical setting in the application of counseling principles, methods and techniques.

"Nonexempt setting" means a setting that does not meet the conditions of exemption from the requirements of licensure to engage in the practice of substance abuse treatment as set forth in § 54.1-3501 of the Code of Virginia.

"Regional accrediting agency" means one of the regional accreditation agencies recognized by the U.S. Secretary of Education responsible for accrediting senior postsecondary institutions.

"Residency" means a postgraduate, supervised, clinical experience.

"Resident" means an individual who has a supervisory contract and has been issued a temporary license by the board to provide clinical services in substance abuse treatment under supervision.

"Supervision" means the ongoing process performed by a supervisor who monitors the performance of the person supervised and provides regular, documented individual or group consultation, guidance, and instruction with respect to the clinical skills and competencies of the person supervised.

"Supervisory contract" means an agreement that outlines the expectations and responsibilities of the supervisor and resident in accordance with regulations of the board.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 7, eff. January 19, 2000; amended, Virginia Register Volume 24, Issue 24, eff. September 3, 2008; Volume 32, Issue 24, eff. August 24, 2016; Volume 37, Issue 20, eff. June 23, 2021; Volume 37, Issue 24, eff. August 18, 2021; Volume 42, Issue 6, eff. December 18, 2025.

18VAC115-60-20 Fees required by the board

A. The board has established the following fees applicable to licensure as a substance abuse treatment practitioner or resident in substance abuse treatment:

| Application and initial licensure as a resident in substance abuse treatment | $65 | | --- | --- | | Pre-review of education only | $75 | | Initial licensure by examination: Processing and initial licensure as a substance abuse treatment practitioner | $175 | | Initial licensure by endorsement: Processing and initial licensure as a substance abuse treatment practitioner | $175 | | Active annual license renewal for a substance abuse treatment practitioner | $130 | | Inactive annual license renewal for a substance abuse treatment practitioner | $65 | | Annual renewal for a resident in substance abuse treatment | $30 | | Inactive annual renewal for resident in substance abuse treatment | $15 | | Duplicate license | $10 | | Verification of license to another jurisdiction | $30 | | Late renewal for a substance abuse treatment practitioner | $45 | | Late renewal for a resident in substance abuse treatment | $10 | | Reinstatement of a lapsed license of a substance abuse treatment practitioner | $200 | | Replacement of or additional wall certificate | $25 | | Returned check or dishonored credit or debit card | $50 | | Reinstatement following revocation or suspension | $600 |

B. All fees are nonrefundable.

C. Examination fees shall be determined and made payable as determined by the board.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 7, eff. January 19, 2000; amended, Virginia Register Volume 17, Issue 18, eff. June 20, 2001; Volume 20, Issue 24, eff. September 8, 2004; Volume 22, Issue 14, eff. April 19, 2006; Volume 23, Issue 14, eff. April 18, 2007; Volume 26, Issue 14, eff. April 14, 2010; Volume 32, Issue 24, eff. August 24, 2016; Volume 33, Issue 10, eff. February 8, 2017; Volume 37, Issue 1, eff. October 15, 2020; Volume 37, Issue 20, eff. June 23, 2021; Volume 42, Issue 6, eff. December 18, 2025.

18VAC115-60-30 Sex offender treatment provider certification

History

Statutory Authority: § 54.1-2400 and Chapter 35 (§ 54.1-3500 et seq.) of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 7, eff. January 19, 2000.

Part II Requirements for Licensure as a Substance Abuse Treatment Practitioner

18VAC115-60-40 Application for licensure by examination

Every applicant for licensure by examination by the board shall:

Meet the degree program, coursework, and experience requirements prescribed in 18VAC115-60-60, 18VAC115-60-70, and 18VAC115-60-80;
Pass the examination required for initial licensure as prescribed in 18VAC115-60-90;
Submit the following items to the board:

a. A completed application;

b. Official transcripts documenting the applicant's completion of the degree program and coursework requirements prescribed in 18VAC115-60-60 and 18VAC115-60-70. Transcripts previously submitted for board approval of a resident license do not have to be resubmitted unless additional coursework was subsequently obtained;

c. Verification of supervision forms documenting fulfillment of the residency requirements of 18VAC115-60-80 and copies of all required evaluation forms, including verification of current licensure of the supervisor of any portion of the residency occurred in another jurisdiction;

d. Documentation of any other mental health or health professional license or certificate ever held in another jurisdiction;

e. The application processing and initial licensure fee as prescribed in 18VAC115-60-20; and

f. A current report from the U.S. Department of Health and Human Services National Practitioner Data Bank (NPDB); and

Have no unresolved disciplinary action against a mental health or health professional license or certificate held in Virginia or in another jurisdiction. The board will consider history of disciplinary action on a case-by-case basis.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 7, eff. January 19, 2000; amended, Virginia Register Volume 17, Issue 18, eff. June 20, 2001; Volume 26, Issue 1, eff. October 14, 2009; Volume 32, Issue 24, eff. August 24, 2016; Volume 37, Issue 20, eff. June 23, 2021.

18VAC115-60-50 Prerequisites for licensure by endorsement

Every applicant for licensure by endorsement shall submit:

A completed application;
The application processing and initial licensure fee as prescribed in 18VAC115-60-20;
Verification of all mental health or health professional licenses or certificates ever held in any other jurisdiction. In order to qualify for endorsement, the applicant shall have no unresolved disciplinary action against a license or certificate. The board will consider history of disciplinary action on a case-by-case basis;
Further documentation of one of the following:

a. A current substance abuse treatment license in good standing in another jurisdiction obtained by meeting requirements substantially equivalent to those set forth in this chapter;

b. A mental health license in good standing in a category acceptable to the board that required completion of a master's degree in mental health to include 60 graduate semester hours in mental health as documented by an official transcript; and

(1) Board-recognized national certification in substance abuse treatment;

(2) If the master's degree was in substance abuse treatment, two years of post-licensure experience in providing substance abuse treatment;

(3) If the master's degree was not in substance abuse treatment, five years of post-licensure experience in substance abuse treatment plus 12 credit hours of didactic training in the substance abuse treatment competencies set forth in 18VAC115-60-70 C as documented by an official transcript; or

(4) Current substance abuse counselor certification in Virginia in good standing or a Virginia substance abuse treatment specialty licensure designation with two years of post-licensure or certification substance abuse treatment experience; or

c. Documentation of education and supervised experience that met the requirements of the jurisdiction in which he was initially licensed as verified by an official transcript and a certified copy of the original application materials and evidence of post-licensure clinical practice for 24 of the last 60 months immediately preceding his licensure application in Virginia. Clinical practice shall mean the rendering of direct clinical substance abuse treatment services or clinical supervision of such services;

Verification of a passing score on a substance abuse licensure examination as established by the jurisdiction in which licensure was obtained. The examination is waived for an applicant who holds a current and unrestricted license as a professional counselor within the Commonwealth of Virginia;
An affidavit of having read and understood the regulations and laws governing the practice of substance abuse treatment in Virginia; and
A current report from the U.S. Department of Health and Human Services National Practitioner Data Bank (NPDB).

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 7, eff. January 19, 2000; amended, Virginia Register Volume 17, Issue 18, eff. June 20, 2001; Volume 24, Issue 24, eff. September 3, 2008; Volume 25, Issue 20, eff. July 23, 2009; Volume 26, Issue 1, eff. October 14, 2009; Volume 32, Issue 24, eff. August 24, 2016; Volume 34, Issue 6, eff. December 28, 2017.

18VAC115-60-55 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 19, Issue 10, eff. February 26, 2003; repealed, Virginia Register Volume 32, Issue 24, eff. August 24, 2016.

18VAC115-60-60 Degree program requirements

A. The applicant shall have completed a graduate degree from a program that prepares individuals to practice substance abuse treatment or a related counseling discipline as defined in § 54.1-3500 of the Code of Virginia from a college or university accredited by a regional accrediting agency that meets the following criteria:

There must be a sequence of academic study with the expressed intent to prepare counselors as documented by the institution;
There must be an identifiable counselor training faculty and an identifiable body of students who complete that sequence of academic study; and
The academic unit must have clear authority and primary responsibility for the core and specialty areas.

B. Programs that are approved by CACREP as programs in addictions counseling are recognized as meeting the requirements of subsection A of this section.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 7, eff. January 19, 2000; amended, Virginia Register Volume 32, Issue 24, eff. August 24, 2016; Volume 36, Issue 12, eff. March 4, 2020.

18VAC115-60-70 Coursework requirements

A. The applicant shall have successfully completed 60 semester hours or 90 quarter hours of graduate study.

B. The applicant shall have completed a general core curriculum containing a minimum of three semester hours or 4.0 quarter hours in each of the areas identified in this section:

Professional identity, function, and ethics;
Theories of counseling and psychotherapy;
Counseling and psychotherapy techniques;
Group counseling and psychotherapy, theories, and techniques;
Appraisal, evaluation, and diagnostic procedures;
Abnormal behavior and psychopathology;
Multicultural counseling, theories, and techniques;
Research; and
Marriage and family systems theory.

C. The applicant shall also have completed 12 graduate semester credit hours or 18 graduate quarter hours in the following substance abuse treatment competencies.

Assessment, appraisal, evaluation, and diagnosis specific to substance abuse;
Treatment planning models, client case management, interventions, and treatments to include relapse prevention, referral process, step models, and documentation process;
Understanding addictions: The biochemical, sociocultural, and psychological factors of substance use and abuse;
Addictions and special populations, including adolescents, women, ethnic groups, and the elderly; and
Client and community education.

D. The applicant shall have completed a supervised internship of 600 hours to include 240 hours of direct client contact, of which 200 hours shall be in treating substance abuse-specific treatment problems.

E. One course may satisfy study in more than one content area set forth in subsections B and C of this section.

F. If the applicant holds a current, unrestricted license as a professional counselor, clinical psychologist, or clinical social worker, the board may accept evidence of successful completion of 60 semester hours or 90 quarter hours of graduate study, including the hours specified in subsection C of this section.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 7, eff. January 19, 2000; amended, Virginia Register Volume 24, Issue 24, eff. September 3, 2008; Volume 32, Issue 24, eff. August 24, 2016; Volume 42, Issue 6, eff. December 18, 2025.

18VAC115-60-80 Resident license and residency requirements

A. Licensure. Applicants for a temporary resident license in substance abuse treatment shall:

Apply for licensure on a form provided by the board to include the following: (i) verification of a supervisory contract, (ii) the name and licensure number of the supervisor and location for the supervised practice, and (iii) an attestation that the applicant will be providing substance abuse treatment services;
Have submitted an official transcript documenting a graduate degree that meets the requirements specified in 18VAC115-60-60 to include completion of the coursework and internship requirement specified in 18VAC115-60-70;
Pay the registration fee;
Submit a current report from the U.S. Department of Health and Human Services National Practitioner Data Bank (NPDB); and
Have no unresolved disciplinary action against a mental health or health professional license, certificate, or registration in Virginia or in another jurisdiction. The board will consider the history of disciplinary action on a case-by-case basis.

B. Applicants who are beginning residencies in exempt settings shall register supervision with the board to ensure acceptability at the time of application.

C. Residency requirements.

The applicant for licensure as a substance abuse treatment practitioner shall have completed a supervised residency in substance abuse treatment with various populations, clinical problems, and theoretical approaches.
The residency shall include at least 2,000 hours of face-to-face client contact in providing clinical substance abuse treatment services with individuals, families, or groups of individuals suffering from the effects of substance abuse or dependence.
The residency shall include a minimum of 200 hours of in-person supervision between supervisor and resident occurring at a minimum of one hour and a maximum of four hours per 40 hours of work experience during the period of the residency.

a. No more than half of these hours may be satisfied with group supervision.

b. One hour of group supervision will be deemed equivalent to one hour of individual supervision.

c. Supervision that is not concurrent with a residency will not be accepted, nor will residency hours be accrued in the absence of approved supervision.

d. For the purpose of meeting the 200-hour supervision requirement, in-person supervision may include the use of technology that maintains client confidentiality and provides real-time, visual contact between the supervisor and the resident.

The resident will complete a minimum of 1,000 hours of face-to-face client contact and 100 hours of supervision within two years immediately preceding application to the board for licensure as a substance abuse treatment practitioner.
The residency shall be completed in not less than 21 months. A resident shall meet the renewal requirements of 18VAC115-60-110 in order to maintain a license in current, active status.
The board may consider special requests in the event that the regulations create an undue burden in regard to geography or disability that limits the resident's access to qualified supervision.
Residents may not call themselves substance abuse treatment practitioners, directly bill for services rendered, or in any way represent themselves as independent, autonomous practitioners or substance abuse treatment practitioners. During the residency, residents shall use their names and the initials of their degree, and the title "Resident in Substance Abuse Treatment" in all written communications. Clients shall be informed in writing that the resident does not have authority for independent practice and is under supervision and shall provide the supervisor's name, professional address, and telephone number.
Residents shall not engage in practice under supervision in any areas for which they have not had appropriate education.
The board will accept residency hours that are approved by the licensing board in another United States jurisdiction and that meet the requirements of this section.

D. Supervisory qualifications.

A person who provides supervision for a resident in substance abuse treatment shall hold an active, unrestricted license as a professional counselor or substance abuse treatment practitioner in the jurisdiction where the supervision is being provided.
All supervisors shall document two years post-licensure substance abuse treatment experience and at least 100 hours of didactic instruction in substance abuse treatment. Supervisors must document a three-credit-hour course in supervision, a 4.0-quarter-hour course in supervision, or at least 20 hours of continuing education in supervision offered by a provider approved under 18VAC115-60-116.

E. Supervisory responsibilities.

Supervision by any individual whose relationship to the resident compromises the objectivity of the supervisor is prohibited.
The supervisor of a resident shall assume full responsibility for the clinical activities of that resident specified within the supervisory contract for the duration of the residency.
The supervisor shall complete evaluation forms to be given to the resident at the end of each three-month period.
The supervisor shall report the total hours of residency and shall evaluate the applicant's competency.

F. Documentation of supervision. Applicants shall document successful completion of residency on the Verification of Supervision form at the time of application. Applicants must receive a satisfactory competency evaluation on each item on the evaluation sheet.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 7, eff. January 19, 2000; amended, Virginia Register Volume 24, Issue 24, eff. September 3, 2008; Volume 32, Issue 24, eff. August 24, 2016; Volume 37, Issue 20, eff. June 23, 2021; Volume 42, Issue 6, eff. December 18, 2025.

Part III Examinations

18VAC115-60-90 General examination requirements

A. Every applicant for licensure as a substance abuse treatment practitioner by examination shall pass a written examination as prescribed by the board.

B. Every applicant for licensure as a substance abuse treatment practitioner by endorsement shall have passed a substance abuse examination deemed by the board to be substantially equivalent to the Virginia examination.

C. The examination is waived for an applicant who holds a current and unrestricted license as a professional counselor issued by the board.

D. The board shall establish a passing score on the written examination.

E. A resident shall remain in a residency practicing under supervision until the resident has passed the licensure examination and been granted a license as a substance abuse treatment practitioner.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 7, eff. January 19, 2000; amended, Volume 26, Issue 1, eff. October 14, 2009; Volume 32, Issue 24, eff. August 24, 2016; Volume 37, Issue 20, eff. June 23, 2021; Volume 42, Issue 6, eff. December 18, 2025.

18VAC115-60-100 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 16, Issue 7, eff. January 19, 2000; repealed, Virginia Register Volume 26, Issue 1, eff. October 14, 2009.

Part IV Licensure Renewal; Reinstatement

18VAC115-60-110 Licensure renewal

A. Every licensee who intends to continue an active practice shall submit to the board on or before June 30 of each year:

A completed form for renewal of the license on which the licensee attests to compliance with the continuing competency requirements prescribed in this chapter; and
The renewal fee prescribed in 18VAC115-60-20.

B. A licensee who wishes to place a license in an inactive status may do so upon payment of the inactive renewal fee as established in 18VAC115-60-20. No person shall practice substance abuse treatment in Virginia unless the person holds a current active license. A licensee in inactive status may become active by fulfilling the reactivation requirements set forth in subsection C of 18VAC115-60-120.

C. For renewal of a resident license in substance abuse treatment, the following shall apply:

On the annual renewal, the resident shall attest that a supervisory contract is in effect with a board-approved supervisor for each of the locations at which the resident is currently providing substance abuse treatment services.
On the annual renewal, residents in substance abuse treatment shall attest to completion of three hours in continuing education courses that emphasize the ethics, standards of practice, or laws governing behavioral science professions in Virginia, offered by an approved provider as set forth in subsection B of 18VAC115-60-116.

E. After the renewal date, the license is expired; practice with an expired license is prohibited and may constitute grounds for disciplinary action.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 7, eff. January 19, 2000; amended, Virginia Register Volume 20, Issue 24, eff. September 8, 2004; Volume 25, Issue 22, eff. August 5, 2009; Volume 26, Issue 1, eff. October 14, 2009; Volume 32, Issue 24, eff. August 24, 2016; Volume 37, Issue 20, eff. June 23, 2021; Volume 42, Issue 6, eff. December 18, 2025.

18VAC115-60-115 Continued competency requirements for renewal of a license

A. Licensed substance abuse treatment practitioners shall be required to have completed a minimum of 20 hours of continuing competency for each annual licensure renewal. A minimum of two of these hours shall be in courses that emphasize the ethics, standard of practice, or laws governing behavioral science professions in Virginia.

C. The board may grant an exemption for all or part of the continuing competency requirements due to circumstances beyond the control of the licensee, such as temporary disability, mandatory military service, or officially declared disasters.

D. Those individuals dually licensed by this board will not be required to obtain continuing competency for each license. Dually licensed individuals will only be required to provide the hours set out in subsection A of this section, subsection A of 18VAC115-50-95 in the Regulations Governing the Practice of Marriage and Family Therapy, or subsection A of 18VAC115-20-105 in the Regulations Governing the Practice of Professional Counseling.

F. A substance abuse treatment practitioner who was licensed by examination is exempt from meeting continuing competency requirements for the first renewal following initial licensure.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 24, eff. September 8, 2004; amended, Virginia Register Volume 32, Issue 24, eff. August 24, 2016; Volume 33, Issue 11, eff. March 9, 2017; Volume 34, Issue 6, eff. December 28, 2017.

18VAC115-60-116 Continuing competency activity criteria

A. Continuing competency activities must focus on increasing knowledge or skills in one or more of the following areas:

Ethics, standards of practice or laws governing behavioral science professions;
Counseling theory;
Human growth and development;
Social and cultural foundations;
The helping relationship;
Group dynamics, processing and counseling;
Lifestyle and career development;
Appraisal of individuals;
Research and evaluation;
Professional orientation;
Clinical supervision;
Marriage and family therapy; or
Addictions.

B. Approved hours of continuing competency activity shall be one of the following types:

Formally organized learning activities or home study. Activities may be counted at their full hour value. Hours shall be obtained from one or a combination of the following board-approved, mental health-related activities:

a. Regionally accredited university-or college-level academic courses in a behavioral health discipline.

b. Continuing education programs offered by universities or colleges.

c. Workshops, seminars, conferences, or courses in the behavioral health field offered by federal, state, or local governmental agencies or licensed health facilities and licensed hospitals.

d. Workshops, seminars, conferences, or courses in the behavioral health field offered by an individual or organization that has been certified or approved by one of the following:

(1) The International Association of Marriage and Family Counselors and its state affiliates.

(2) The American Association for Marriage and Family Therapy and its state affiliates.

(3) The American Association of State Counseling Boards.

(4) The American Counseling Association and its state and local affiliates.

(5) The American Psychological Association and its state affiliates.

(6) The Commission on Rehabilitation Counselor Certification.

(7) NAADAC, The Association for Addiction Professionals, and its state and local affiliates.

(8) National Association of Social Workers.

(9) The National Board for Certified Counselors.

(10) A national behavioral health organization or certification body.

(11) Individuals or organizations that have been approved as continuing competency sponsors by the American Association of State Counseling Boards or a counseling board in another state.

Individual professional activities.

a. Publication/presentation/new program development.

(1) Publication of articles. Activity will count for a maximum of eight hours. Publication activities are limited to articles in refereed journals or a chapter in an edited book.

(2) Publication of books. Activity will count for a maximum of 18 hours.

(3) Presentations. Activity will count for a maximum of eight hours. The same presentations may be used only once in a two-year period. Only actual presentation time may be counted.

b. Dissertation. Activity will count for a maximum of 18 hours. Dissertation credit may only be counted once.

d. Leadership. Activity will count for a maximum of eight hours. The following leadership positions are acceptable for continuing competency credit: officers of state or national counseling organization; editor or reviewer of professional counseling journals; member of state counseling licensure/certification board; member of a national counselor certification board; member of a national ethics disciplinary review committee rendering licenses; active member of a counseling committee producing a substantial written product; chair of a major counseling conference or convention; other leadership positions with justifiable professional learning experiences. The leadership positions must take place for a minimum of one year after the date of first licensure.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 24, eff. September 8, 2004; amended, Virginia Register Volume 22, Issue 12, eff. March 22, 2006; Volume 32, Issue 24, eff. August 24, 2016.

18VAC115-60-117 Documenting compliance with continuing competency requirements

A. All licensees are required to maintain original documentation for a period of two years following renewal.

B. After the end of each renewal period, the board may conduct a random audit of licensees to verify compliance with the requirement for that renewal period.

C. Upon request, a licensee shall provide documentation as follows:

To document completion of formal organized learning activities, licensee shall provide:

a. Official transcripts showing credit hours earned; or

b. Certificates of participation.

Documentation of home study shall be made by identification of the source material studied, summary of content, and a signed affidavit attesting to completion of the home study.
Documentation of individual professional activities shall be by one of the following:

a. Certificates of participation;

b. Proof of presentations made;

c. Reprints of publications;

d. Letters from educational institutions or agencies approving continuing education programs;

e. Official notification from the association that sponsored the item writing workshop or continuing education program; or

f. Documentation of attendance at formal staffing shall be by signed affidavit on a form provided by the board.

D. Continuing competency hours required by a disciplinary order shall not be used to satisfy renewal requirements.

History

Statutory Authority: § 54.1-103, 54.1-2400, and 54.1-3505.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 24, eff. September 8, 2004.

18VAC115-60-120 Late renewal; reinstatement

A. A person whose license has expired may renew it within one year after its expiration date by paying the late renewal fee prescribed in 18VAC115-60-20, as well as the license fee prescribed for the year the license was not renewed and providing evidence of having met all applicable continuing competency requirements.

B. A person who fails to renew a license after one year or more and wishes to resume practice shall apply for reinstatement, pay the reinstatement fee for a lapsed license, submit verification of any mental health license he holds or has held in another jurisdiction, if applicable, and provide evidence of having met all applicable continuing competency requirements not to exceed a maximum of 80 hours obtained within the four years immediately preceding application for reinstatement. The board may require the applicant for reinstatement to submit evidence regarding the continued ability to perform the functions within the scope of practice of the license.

C. A person wishing to reactivate an inactive license shall submit (i) the renewal fee for active licensure minus any fee already paid for inactive licensure renewal; (ii) documentation of continued competency hours equal to the number of years the license has been inactive not to exceed a maximum of 80 hours obtained within the four years immediately preceding application for reactivation; and (iii) verification of any mental health license he holds or has held in another jurisdiction, if applicable. The board may require the applicant for reactivation to submit evidence regarding the continued ability to perform the functions within the scope of practice of the license.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 7, eff. January 19, 2000; amended, Virginia Register Volume 17, Issue 18, eff. June 20, 2001; Volume 20, Issue 24, eff. September 8, 2004; Volume 32, Issue 24, eff. August 24, 2016.

Part V Standards of Practice; Unprofessional Conduct; Disciplinary Actions; Reinstatement

18VAC115-60-130 Standards of practice

A. The protection of the public health, safety, and welfare and the best interest of the public shall be the primary guide in determining the appropriate professional conduct of all persons whose activities are regulated by the board. Regardless of the delivery method, whether in person, by phone or electronically, these standards shall apply to the practice of substance abuse treatment.

B. Persons licensed or registered by the board shall:

Practice in a manner that is in the best interest of the public and does not endanger the public health, safety, or welfare;
Practice only within the boundaries of their competence, based on their education, training, supervised experience and appropriate professional experience and represent their education, training and experience accurately to clients;
Stay abreast of new substance abuse treatment information, concepts, application, and practices that are necessary to providing appropriate, effective professional services;
Be able to justify all services rendered to clients as necessary and appropriate for diagnostic or therapeutic purposes;
Document the need for and steps taken to terminate a counseling relationship when it becomes clear that the client is not benefiting from the relationship. Document the assistance provided in making appropriate arrangements for the continuation of treatment for clients, when necessary, following termination of a counseling relationship;
Make appropriate arrangements for continuation of services, when necessary, during interruptions such as vacations, unavailability, relocation, illness, and disability;
Disclose to clients all experimental methods of treatment and inform clients of the risks and benefits of any such treatment. Ensure that the welfare of the clients is in no way compromised in any experimentation or research involving those clients;
Neither accept nor give commissions, rebates, or other forms of remuneration for referral of clients for professional services;
Inform clients of the purposes, goals, techniques, procedures, limitations, potential risks, and benefits of services to be performed; the limitations of confidentiality; and other pertinent information when counseling is initiated and throughout the counseling process as necessary. Provide clients with accurate information regarding the implications of diagnosis, the intended use of tests and reports, fees, and billing arrangements;
Select tests for use with clients that are valid, reliable, and appropriate and carefully interpret the performance of individuals not represented in standardized norms;
Determine whether a client is receiving services from another mental health service provider, and if so, refrain from providing services to the client without having an informed consent discussion with the client and having been granted communication privileges with the other professional;
Use only in connection with one's practice as a mental health professional those educational and professional degrees or titles that have been earned at a college or university accredited by an accrediting agency recognized by the U.S. Department of Education, or credentials granted by a national certifying agency, and that are counseling in nature;
Advertise professional services fairly and accurately in a manner that is not false, misleading or deceptive; and
Not engage in conversion therapy with any person younger than 18 years of age.

C. In regard to patient records, persons licensed by the board shall:

Maintain written or electronic clinical records for each client to include treatment dates and identifying information to substantiate diagnosis and treatment plan, client progress, and termination;
Maintain client records securely, inform all employees of the requirements of confidentiality and provide for the destruction of records that are no longer useful in a manner that ensures client confidentiality;
Disclose or release records to others only with clients' expressed written consent or that of their legally authorized representative in accordance with § 32.1-127.1:03 of the Code of Virginia;
Maintain client records for a minimum of five years or as otherwise required by law from the date of termination of the substance abuse treatment relationship with the following exceptions:

a. At minimum, records of a minor child shall be maintained for five years after attaining the age of majority (18 years) or 10 years following termination, whichever comes later;

b. Records that are required by contractual obligation or federal law to be maintained for a longer period of time; or

c. Records that have been transferred to another mental health service provider or given to the client; and

Ensure confidentiality in the usage of client records and clinical materials by obtaining informed consent from clients or their legally authorized representative before (i) videotaping, (ii) audio recording, (iii) permitting third party observation, or (iv) using identifiable client records and clinical materials in teaching, writing or public presentations.

D. In regard to dual relationships, persons licensed by the board shall:

Avoid dual relationships with clients that could impair professional judgment or increase the risk of harm to clients. Examples of such relationships include familial, social, financial, business, bartering, or close personal relationships with clients. Counselors shall take appropriate professional precautions when a dual relationship cannot be avoided, such as informed consent, consultation, supervision, and documentation to ensure that judgment is not impaired and no exploitation occurs;
Not engage in any type of romantic relationships or sexual intimacies with clients or those included in a collateral relationship with the client and not counsel persons with whom they have had a romantic relationship or sexual intimacy. Licensed substance abuse treatment practitioners shall not engage in romantic relationships or sexual intimacies with former clients within a minimum of five years after terminating the counseling relationship. Licensed substance abuse treatment practitioners who engage in such relationship or intimacy after five years following termination shall have the responsibility to examine and document thoroughly that such relations do not have an exploitive nature, based on factors such as duration of counseling, amount of time since counseling, termination circumstances, client's personal history and mental status, or adverse impact on the client. A client's consent to, initiation of or participation in sexual behavior or involvement with a licensed substance abuse treatment practitioner does not change the nature of the conduct nor lift the regulatory prohibition;
Not engage in any sexual intimacy or romantic relationship or establish a counseling or psychotherapeutic relationship with a supervisee or student. Licensed substance abuse treatment practitioners shall avoid any nonsexual dual relationship with a supervisee or student in which there is a risk of exploitation or potential harm to the supervisee or the potential for interference with the supervisor's professional judgment; and
Recognize conflicts of interest and inform all parties of the nature and directions of loyalties and responsibilities involved.

E. Persons licensed by this board shall report to the board known or suspected violations of the laws and regulations governing the practice of substance abuse treatment.

F. Persons licensed by the board shall advise their clients of their right to report to the Department of Health Professions any information of which the licensee may become aware in his professional capacity indicating that there is a reasonable probability that a person licensed or certified as a mental health service provider, as defined in § 54.1-2400.1 of the Code of Virginia, may have engaged in unethical, fraudulent or unprofessional conduct as defined by the pertinent licensing statutes and regulations.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 7, eff. January 19, 2000; amended, Virginia Register Volume 19, Issue 1, eff. October 23, 2002; Volume 22, Issue 7, eff. January 11, 2006; Volume 23, Issue 21, eff. July 25, 2007; Volume 25, Issue 20, eff. July 23, 2009; Volume 32, Issue 24, eff. August 24, 2016; Volume 37, Issue 24, eff. August 18, 2021.

18VAC115-60-140 Grounds for revocation, suspension, probation, reprimand, censure, or denial of renewal of license

A. Action by the board to revoke, suspend, deny issuance or renewal of a license, or take other disciplinary action may be taken in accord with the following:

Conviction of a felony, or of a misdemeanor involving moral turpitude, or violation of or aid to another in violating any provision of Chapter 35 (§ 54.1-3500 et seq.) of Title 54.1 of the Code of Virginia, any other statute applicable to the practice of substance abuse treatment, or any provision of this chapter;
Procurement of a license, including submission of an application or supervisory forms, by fraud or misrepresentation;
Conducting one's practice in such a manner as to make it a danger to the health and welfare of one's clients or to the public, or if one is unable to practice substance abuse treatment with reasonable skill and safety to clients by reason of illness, abusive use of alcohol, drugs, narcotics, chemicals, or other type of material or result of any mental or physical condition;
Intentional or negligent conduct that causes or is likely to cause injury to a client;
Performance of functions outside the demonstrable areas of competency;
Failure to comply with the continued competency requirements set forth in this chapter;
Violating or abetting another person in the violation of any provision of any statute applicable to the practice of licensed substance abuse therapy, or any part or portion of this chapter; or
Performance of an act likely to deceive, defraud, or harm the public.

B. Following the revocation or suspension of a license the licensee may petition the board for reinstatement upon good cause shown or as a result of substantial new evidence having been obtained that would alter the determination reached.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 7, eff. January 19, 2000; amended, Virginia Register Volume 20, Issue 24, eff. September 8, 2004; Volume 22, Issue 7, eff. January 11, 2006; Volume 32, Issue 24, eff. August 24, 2016.

18VAC115-60-150 Reinstatement following disciplinary action

A. Any person whose license has been suspended or who has been denied reinstatement by board order, having met the terms of the order, may submit a new application and fee to the board for reinstatement of licensure.

B. The board in its discretion may, after an administrative proceeding, grant the reinstatement sought in subsection A of this section.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 7, eff. January 19, 2000; amended, Virginia Register Volume 17, Issue 18, eff. June 20, 2001; Volume 22, Issue 7, eff. January 11, 2006.

Chapter 70 Regulations Governing the Registration of Peer Recovery Specialists

Part I General Provisions

18VAC115-70-10 Definitions

"Applicant" means a person applying for registration as a peer recovery specialist.

"Board" means the Virginia Board of Counseling.

"DBHDS" means the Virginia Department of Behavioral Health and Developmental Services.

"Mental health professional" means a person who by education and experience is professionally qualified and licensed in Virginia to provide counseling interventions designed to facilitate an individual's achievement of human development goals and remediate mental, emotional, or behavioral disorders and associated distresses that interfere with mental health and development.

"Peer recovery specialist" means a person who by education and experience is professionally qualified in accordance with 12VAC35-250 to provide collaborative services to assist individuals in achieving sustained recovery from the effects of mental illness or addiction, or both.

"Registered peer recovery specialist" or "registrant" means a person who by education and experience is professionally qualified in accordance with 12VAC35-250 and registered by the board to provide collaborative services to assist individuals in achieving sustained recovery from the effects of mental illness or addiction, or both. A registered peer recovery specialist shall provide such services as an employee or independent contractor of DBHDS, a provider licensed by the DBHDS, a practitioner licensed by or holding a permit issued from the Department of Health Professions, or a facility licensed by the Department of Health.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 4, eff. November 13, 2019.

18VAC115-70-20 Fees required by the board

A. The board has established the following fees applicable to the registration of peer recovery specialists:

| | Registration | $30 | | --- | --- | --- | | | Renewal of registration | $30 | | | Late renewal | $20 | | | Reinstatement of a lapsed registration | $60 | | | Duplicate certificate of registration | $10 | | | Returned check or dishonored credit card or debit card | $50 | | | Reinstatement following revocation or suspension | $500 |

B. Unless otherwise provided, fees established by the board shall not be refundable.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 4, eff. November 13, 2019; amended, Virginia Register Volume 37, Issue 1, eff. October 15, 2020.

18VAC115-70-30 Current name and address

Each registrant shall furnish the board the registrant's current name and address of record. Any change of name or address of record, or public address if different from the address of record, shall be furnished to the board within 60 days of such change. It shall be the duty and responsibility of each registrant to inform the board of the registrant's current address.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 4, eff. November 13, 2019.

Part II Requirements for Registration and Renewal

18VAC115-70-40 Requirements for registration as a peer recovery specialist

A. An applicant for registration shall submit:

A completed application on forms provided by the board and any applicable fee as prescribed in 18VAC115-70-20; and
A current report from the National Practitioner Data Bank (NPDB).

B. An applicant for registration as a peer recovery specialist shall provide evidence of meeting all requirements for peer recovery specialists set by DBHDS in 12VAC35-250-30.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 4, eff. November 13, 2019.

18VAC115-70-50 Annual renewal of registration

All registrants shall renew their registration on or before June 30 of each year. Along with the renewal form, the registrant shall submit the renewal fee as prescribed in 18VAC115-70-20.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 4, eff. November 13, 2019.

18VAC115-70-60 Continued competency requirements for renewal of peer recovery specialist registration

A. Registered peer recovery specialists shall be required to have completed a minimum of eight contact hours of continuing education for each annual registration renewal. A minimum of two of these hours shall be in courses that emphasize ethics.

Registered peer recovery specialists shall complete continuing competency activities that focus on increasing knowledge or skills in one or more of the following areas:

Current body of mental health or substance abuse knowledge;
Promoting services, supports, and strategies for the recovery process;
Crisis intervention;
Values for role of peer recovery specialist;
Basic principles related to health and wellness;
Stage appropriate pathways in recovery support;
Ethics and boundaries;
Cultural sensitivity and practice;
Trauma and impact on recovery;
Community resources; or
Delivering peer services within agencies and organizations.

B. The following organizations, associations, or institutions are approved by the board to provide continuing education:

Federal, state, or local governmental agencies, public school systems, or licensed health or mental health facilities.
A national or state recovery-oriented association or organization recognized by the profession.
A national behavioral health organization or certification body recognized by the board.
An agency or organization holding approval by DBHDS as a certifying body for peer recovery specialists.
The American Association for Marriage and Family Therapy and its state affiliates.
The American Association of State Counseling Boards.
The American Counseling Association and its state and local affiliates.
The American Psychological Association and its state affiliates.
The Commission on Rehabilitation Counselor Certification.
NAADAC, the Association for Addiction Professionals and its state and local affiliates.
National Association of Social Workers.
National Board for Certified Counselors.
Individuals or organizations that have been approved as continuing competency sponsors by the American Association of State Counseling Boards or a counseling board in another state.
Regionally accredited colleges or universities.

C. Attestation of completion of continuing education is not required for the first renewal following initial registration in Virginia.

D. The board may grant an extension for good cause of up to one year for the completion of continuing education requirements upon written request from the registrant prior to the renewal date. Such an extension shall not relieve the registrant of the continuing education requirement.

E. The board may grant an exemption for all or part of the continuing education requirements due to circumstances beyond the control of the registrant such as temporary disability, mandatory military service, or officially declared disasters upon written request from the registrant prior to the renewal date.

F. All registrants shall maintain original documentation of official transcripts showing credit hours earned or certificates of participation for a period of three years following renewal.

G. The board may conduct an audit of registrants to verify compliance with the requirement for a renewal period. Upon request, a registrant shall provide documentation as follows:

Official transcripts showing credit hours earned; or
Certificates of participation.

H. Continuing education hours required by a disciplinary order shall not be used to satisfy renewal requirements.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 4, eff. November 13, 2019.

Part III Standards of Practice; Disciplinary Actions; Reinstatement

18VAC115-70-70 Standards of practice

B. Persons registered by the board shall:

Practice in a manner that is in the best interest of the public and does not endanger the public health, safety, or welfare.
Be able to justify all services rendered to clients as necessary.
Practice only within the competency area for which they are qualified by training or experience.
Report to the board known or suspected violations of the laws and regulations governing the practice of registered peer recovery specialists.
Neither accept nor give commissions, rebates, or other forms of remuneration for referral of clients for professional services and make appropriate consultations and referrals based on the best interest of clients.
Stay abreast of new developments, concepts, and practices that are necessary to providing appropriate services.
Document the need for and steps taken to terminate services when it becomes clear that the client is not benefiting from the relationship or the client has decided to discontinue the relationship.

C. In regard to confidentiality and client records, persons registered by the board shall:

Not willfully or negligently breach the confidentiality between a practitioner and a client. A breach of confidentiality that is required or permitted by applicable law or beyond the control of the practitioner shall not be considered negligent or willful.
Disclose client records to others only in accordance with applicable law.
Maintain client records securely, inform all employees of the requirements of confidentiality, and provide for the destruction of records that are no longer useful in a manner that ensures client confidentiality.
Maintain timely, accurate, legible, and complete written or electronic records for each client, to include dates of service and identifying information to substantiate the recovery, resiliency, and wellness plan, client progress, and termination.

D. In regard to dual relationships, persons registered by the board shall:

Not engage in dual relationships with clients or former clients that are harmful to the client's well-being, that would impair the practitioner's objectivity and professional judgment, or that would increase the risk of client exploitation. This prohibition includes such activities as providing services to close friends, former sexual partners, employees, or relatives or engaging in business relationships with clients.
Not engage in sexual intimacies or romantic relationships with current clients. For at least five years after cessation or termination of professional services, practitioners shall not engage in sexual intimacies or romantic relationships with a client or those included in collateral therapeutic services. Because sexual or romantic relationships are potentially exploitative, the practitioner shall bear the burden of demonstrating that there has been no exploitation. A client's consent to, initiation of, or participation in sexual behavior or involvement with a practitioner does not change the nature of the conduct nor lift the regulatory prohibition.
Recognize conflicts of interest and inform all parties of obligations, responsibilities, and loyalties to third parties.

E. Upon learning of evidence that indicates a reasonable probability that another mental health service provider, as defined in § 54.1-2400.1 of the Code of Virginia, is or may be guilty of a violation of standards of conduct as defined in statute or regulation, persons registered by the board shall advise their clients of the client's right to report such misconduct to the Department of Health Professions in accordance with § 54.1-2400.4 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 4, eff. November 13, 2019.

18VAC115-70-80 Grounds for revocation, suspension, restriction, or denial of registration

In accordance with subdivision 7 of § 54.1-2400 of the Code of Virginia, the board may revoke, suspend, restrict, or decline to issue or renew a registration based upon the following conduct:

Conviction of a felony or of a misdemeanor involving moral turpitude or violation of or aid to another in violating any provision of Chapter 35 (§ 54.1-3500 et seq.) of Title 54.1 of the Code of Virginia, any other statute applicable to the practice of registered peer recovery specialists, or any provision of this chapter;
Procuring, attempting to procure, or maintaining a registration by fraud or misrepresentation;
Conducting one's practice in such a manner so as to make it a danger to the health and welfare of one's clients or to the public, or if one is unable to practice with reasonable skill and safety to clients by reason of illness or abusive use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition;
Violating or abetting another person in the violation of any provision of any statute applicable to the practice of peer recovery specialists or mental health professionals or any provision of this chapter;
Performance of functions outside the board-registered area of competency;
Performance of an act likely to deceive, defraud, or harm the public;
Intentional or negligent conduct that causes or is likely to cause injury to a client;
Action taken against a health or mental health license, certification, registration, or application in Virginia or other jurisdiction;
Failure to cooperate with an employee of the Department of Health Professions in the conduct of an investigation; or
Failure to report evidence of child abuse or neglect as required in § 63.2-1509 of the Code of Virginia or elder abuse or neglect as required in § 63.2-1606 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 4, eff. November 13, 2019.

18VAC115-70-90 Late renewal and reinstatement

A. A person whose registration has expired may renew it within one year after its expiration date by paying the late renewal fee and the registration fee as prescribed in 18VAC115-70-20 for the year in which the registration was not renewed and by providing documentation of completion of continuing education as prescribed in 18VAC115-70-60.

B. A person who fails to renew registration after one year or more shall:

Apply for reinstatement;
Pay the reinstatement fee for a lapsed registration; and
Submit evidence of current certification as a peer recovery specialist as prescribed by DBHDS in 12VAC35-250-30.

C. A person whose registration has been suspended or who has been denied reinstatement by board order, having met the terms of the order, may submit a new application and fee for reinstatement of registration as prescribed in 18VAC115-70-20. Any person whose registration has been revoked by the board may, three years subsequent to such board action, submit a new application and fee for reinstatement of registration as prescribed in 18VAC115-70-20. The board in its discretion may, after an administrative proceeding, grant the reinstatement sought in this subsection.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 4, eff. November 13, 2019.

Chapter 80 Regulations Governing the Registration of Qualified Mental Health Professionals

Part I General Provisions

18VAC115-80-10 Definitions

The following words and terms when used in this chapter have the following meanings unless the context clearly indicates otherwise:

"Board" means the Virginia Board of Counseling.

"DBHDS" means the Virginia Department of Behavioral Health and Developmental Services.

"Face-to-face" means the physical presence of the individuals involved in the supervisory relationship or the use of technology that provides real-time, visual, and audio contact among the individuals involved.

"Qualified mental health professional" or "QMHP" means the same as that term is defined in § 54.1-3500 of the Code of Virginia.

"Qualified mental health professional-trainee" or "QMHP-trainee" means the same as that term is defined in § 54.1-3500 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-2400, 54.1-3500, and 54.1-3505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 4, eff. November 13, 2019; amended, Virginia Register Volume 37, Issue 2, eff. October 29, 2020; Volume 41, Issue 17, eff. May 7, 2025.

18VAC115-80-20 Fees required by the board

A. The board has established the following fees applicable to the registration of qualified mental health professionals:

| Registration as a QMHP | $50 | | --- | --- | | Registration as a QMHP-trainee | $25 | | Renewal of registration as a QMHP | $30 | | Renewal of registration as a QMHP-trainee | $10 | | Late renewal | $20 | | Reinstatement of a lapsed registration | $75 | | Duplicate certificate of registration | $10 | | Returned check or dishonored credit card or debit card | $50 | | Reinstatement following revocation or suspension | $500 |

B. Unless otherwise provided, fees established by the board shall not be refundable.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 4, eff. November 13, 2019; amended, Virginia Register Volume 36, Issue 11, eff. February 19, 2020; Volume 37, Issue 1, eff. October 15, 2020; Volume 41, Issue 17, eff. May 7, 2025.

18VAC115-80-30 Current name and address

Each registrant shall furnish a current name and address of record to the board. Any change of name or address of record or public address if different from the address of record shall be furnished to the board within 60 days of such change.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 4, eff. November 13, 2019; amended, Virginia Register Volume 41, Issue 17, eff. May 7, 2025.

18VAC115-80-35 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 37, Issue 2, eff. October 29, 2020; repealed, Virginia Register Volume 41, Issue 17, eff. May 7, 2025.

Part II Requirements for Registration

18VAC115-80-40 Requirements for registration as a qualified mental health professional

A. An applicant for registration shall submit:

A completed application on forms provided by the board and any applicable fee as prescribed in 18VAC115-80-20;
A bachelor's degree from an institution of higher education listed as accredited on the U.S. Department of Education College Accreditation database found on the U.S. Department of Education website or accredited by another accrediting agency recognized by the board;
Evidence of completion of 80 hours of didactic education in a program recognized or approved by the board, unless such evidence was provided to the board to obtain a registration as a QMHP-trainee;
Evidence of 1,500 hours of supervised experience obtained within a five-year period immediately preceding application for registration;
A current report from the National Practitioner Data Bank (NPDB); and
Verification of any other mental health or health professional license, certification, or registration ever held in Virginia or another jurisdiction. An applicant for registration as a QMHP shall have no unresolved disciplinary action. The board will consider a history of disciplinary action on a case-by-case basis as grounds for denial under 18VAC115-80-100.

B. Experience required for registration.

To be registered as a QMHP, an applicant shall provide documentation of experience in providing direct services to individuals as part of a population of adults or children with mental illness in a setting where mental health treatment, practice, observation, or diagnosis occurs. The services provided shall be appropriate to the practice of a QMHP.
The following may serve as a supervisor for a QMHP-trainee:

a. A licensed mental health professional licensed by a board of the Department of Health Professions who has completed the required supervisor training;

b. A person under supervision who has been approved by the Board of Counseling, Board of Psychology, or Board of Social Work and who has completed the required supervisor training; or

c. A registered QMHP who has (i) practiced for three years and (ii) completed the required supervisor training.

Supervision obtained in another United States jurisdiction shall be provided by a mental health professional licensed in that jurisdiction.
Supervision shall consist of face-to-face training in the services of a QMHP until the supervisor determines competency in the provision of such services, after which supervision may be indirect in which the supervisor is either on site or immediately available for consultation with the person being trained.
Hours obtained in a bachelor's or master's level internship or practicum in a human services field may be counted toward completion of the required hours of experience.

History

Statutory Authority: §§ 54.1-2400, 54.1-3500, 54.1-3505, and 54.1-3520 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 4, eff. November 13, 2019; amended, Virginia Register Volume 37, Issue 2, eff. October 29, 2020; Volume 41, Issue 17, eff. May 7, 2025.

18VAC115-80-50 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 36, Issue 4, eff. November 13, 2019; amended, Virginia Register Volume 37, Issue 2, eff. October 29, 2020; repealed, Virginia Register Volume 41, Issue 17, eff. May 7, 2025.

18VAC115-80-60 [Reserved]

History

Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the Code of Virginia.
Historical Notes: Reserved, Virginia Register Volume 36, Issue 4, eff. November 13, 2019.

18VAC115-80-65 Requirements for registration as a qualified mental health professional-trainee

A. A licensed baccalaureate social worker shall not be required to register with the board or fulfill any additional training or education requirements in order to serve as a QMHP-trainee.

B. Prior to receiving supervised experience toward registration as a QMHP, an applicant for registration as a QMHP-trainee shall provide a completed application, the fee prescribed in 18VAC115-80-20, and verification of the following:

Enrollment in or completion of a bachelor's degree program from an institution of higher education listed as accredited on the U.S. Department of Education College Accreditation database found on the U.S. Department of Education website or accredited by another accrediting agency recognized by the board;
Evidence of completion of 60 hours of didactic education in a program recognized or approved by the board; and
Verification of any other mental health or health professional license, certification, or registration ever held in Virginia or another jurisdiction. An applicant for registration as a QMHP-trainee shall have no unresolved disciplinary action. The board will consider a history of disciplinary action on a case-by-case basis as grounds for denial under 18VAC115-80-100.

History

Statutory Authority: § 54.1-3521 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 41, Issue 17, eff. May 7, 2025; amended, Virginia Register Volume 42, Issue 4, eff. November 5, 2025.

Part III Renewal of Registration

18VAC115-80-70 Annual renewal of registration

All registrants as a QMHP or QMHP-trainee shall renew registration on or before June 30 of each year. Along with the renewal form, the registrant shall submit the renewal fee as prescribed in 18VAC115-80-20.

History

Statutory Authority: §§ 54.1-2400, 54.1-3500, and 54.1-3505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 4, eff. November 13, 2019; amended, Virginia Register Volume 37, Issue 2, eff. October 29, 2020; Volume 41, Issue 17, eff. May 7, 2025.

18VAC115-80-80 Continued competency requirements for renewal of registration for qualified mental health professionals

A. Qualified mental health professionals shall be required to have completed a minimum of eight contact hours of continuing education for each annual registration renewal. A minimum of one of these hours shall be in a course that emphasizes ethics.

B. Qualified mental health professionals shall complete continuing competency activities that focus on increasing knowledge or skills in areas directly related to the services provided by a QMHP.

C. The following organizations, associations, or institutions are approved by the board to provide continuing education, provided the hours are directly related to the provision of mental health services:

Federal, state, or local governmental agencies, public school systems, licensed health facilities, or an agency licensed by DBDHS; and
Entities approved for continuing education by a health regulatory board within the Department of Health Professions.

D. Completion of continuing education is not required for the first renewal following initial registration in Virginia.

E. The board may grant an extension for good cause of up to one year for the completion of continuing education requirements upon written request from the registrant prior to the renewal date. Such extension shall not relieve the registrant of the continuing education requirement.

F. The board may grant an exemption for all or part of the continuing education requirements due to circumstances beyond the control of the registrant, such as temporary disability, mandatory military service, or officially declared disasters, upon written request from the registrant prior to the renewal date.

G. All registrants shall maintain documentation of official transcripts showing credit hours earned or certificates of participation for a period of three years following renewal.

H. The board may conduct an audit of registrants to verify compliance with the requirement for a renewal period. Upon request, a registrant shall provide documentation as follows:

Official transcripts showing credit hours earned; or
Certificates of participation.

I. Continuing education hours required by a disciplinary order shall not be used to satisfy renewal requirements.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 4, eff. November 13, 2019; amended, Virginia Register Volume 41, Issue 17, eff. May 7, 2025; Errata, 41:21 VA.R. 2372 June 2, 2025.

Part IV Standards of Practice, Disciplinary Action, and Reinstatement

18VAC115-80-90 Standards of practice

B. Persons registered by the board shall:

Practice in a manner that is in the best interest of the public and does not endanger the public health, safety, or welfare.
Practice only within the competency area for which they are qualified by training or experience and shall not provide clinical mental health services for which a license is required pursuant to Chapters 35 (§ 54.1-3500 et seq.), 36 (§ 54.1-3600 et seq.), and 37 (§ 54.1-3700 et seq.) of the Code of Virginia.
Report to the board known or suspected violations of the laws and regulations governing the practice of qualified mental health professionals.
Neither accept nor give commissions, rebates, or other forms of remuneration for the referral of clients for professional services and make appropriate consultations and referrals based on the interest of patients or clients.
Stay abreast of new developments, concepts, and practices that are necessary to providing appropriate services.

C. In regard to confidentiality and client records, persons registered by the board shall:

Not willfully or negligently breach the confidentiality between a practitioner and a client. A breach of confidentiality that is required or permitted by applicable law or beyond the control of the practitioner shall not be considered negligent or willful.
Disclose client records to others only in accordance with applicable law.
Maintain client records securely, inform all employees of the requirements of confidentiality, and provide for the destruction of records that are no longer useful in a manner that ensures client confidentiality.
Maintain timely, accurate, legible, and complete written or electronic records for each client, to include dates of service and identifying information to substantiate treatment plan, client progress, and termination.

D. In regard to dual relationships, persons registered by the board shall:

Not engage in dual relationships with clients or former clients that are harmful to the client's well-being, that would impair the practitioner's objectivity and professional judgment, or that would increase the risk of client exploitation. This prohibition includes such activities as providing services to close friends, former sexual partners, employees, or relatives or engaging in business relationships with clients.
Not engage in sexual intimacies or romantic relationships with current clients. For at least five years after cessation or termination of professional services, practitioners shall not engage in sexual intimacies or romantic relationships with a client or those included in collateral therapeutic services. Because sexual or romantic relationships are potentially exploitative, the practitioner shall bear the burden of demonstrating that there has been no exploitation. A client's consent to, initiation of, or participation in sexual behavior or involvement with a practitioner does not change the nature of the conduct nor lift the regulatory prohibition.
Recognize conflicts of interest and inform all parties of obligations, responsibilities, and loyalties to third parties.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 4, eff. November 13, 2019.

18VAC115-80-100 Grounds for revocation, suspension, restriction, or denial of registration

The board may revoke, suspend, restrict, or decline to issue or renew a registration based upon the following conduct:

Conviction of a felony, or of a misdemeanor involving moral turpitude, or violation of or aid to another in violating any provision of Chapter 35 (§ 54.1-3500 et seq.) of Title 54.1 of the Code of Virginia, any other statute applicable to the practice of qualified mental health professionals, or any provision of this chapter;
Procuring, attempting to procure, or maintaining a registration by fraud or misrepresentation;
Conducting practice in such a manner so as to make it a danger to the health and welfare of clients or to the public, or lacking ability to conduct practice with reasonable skill and safety to clients by reason of illness or abusive use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition;
Violating or abetting another person in the violation of any provision of any statute applicable to the practice of qualified mental health professionals or any regulation in this chapter;
Performance of functions outside the board-registered area of competency;
Performance of an act likely to deceive, defraud, or harm the public;
Intentional or negligent conduct that causes or is likely to cause injury to a client;
Action taken against a health or mental health license, certification, registration, or application in Virginia or other jurisdiction;
Knowingly allowing persons under supervision to jeopardize client safety or provide care to clients outside of such person's scope of practice or area of responsibility;
Failure to cooperate with an employee of the Department of Health Professions in the conduct of an investigation; or
Failure to report evidence of child abuse or neglect as required in § 63.2-1509 of the Code of Virginia or elder abuse or neglect as required in § 63.2-1606 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 4, eff. November 13, 2019; amended, Virginia Register Volume 41, Issue 17, eff. May 7, 2025.

18VAC115-80-110 Late renewal and reinstatement

A. A person whose registration as a QMHP has expired may renew it within one year after its expiration date by paying the late renewal fee and the registration fee as prescribed in 18VAC115-80-20 for the year in which the registration was not renewed and by providing documentation of completion of continuing education as prescribed in 18VAC115-80-80.

B. A person who fails to renew registration after one year or more shall:

Apply for reinstatement;
Pay the reinstatement fee for a lapsed registration;
Provide a current report from the NPDB, if applicable; and
Submit evidence of completion of eight hours of continuing education for each year in which the license has been inactive or lapsed, not to exceed 32 hours.

C. A person whose registration has been suspended or who has been denied reinstatement by board order, having met the terms of the order, may submit a new application and fee for reinstatement of registration as prescribed in 18VAC115-80-20. Any person whose registration has been revoked by the board may, three years subsequent to such board action, submit a new application and fee for reinstatement of registration as prescribed in 18VAC115-80-20. The board in its discretion may, after an administrative proceeding, grant the reinstatement sought in this subsection.

History

Statutory Authority: §§ 54.1-2400, 54.1-3500, and 54.1-3505 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 36, Issue 4, eff. November 13, 2019; amended, Virginia Register Volume 37, Issue 2, eff. October 29, 2020; Volume 41, Issue 17, eff. May 7, 2025.

Chapter 100 Regulations Governing the Practice of Behavioral Health Technicians and Behavioral Health Technician Assistants

Part I General Provisions

18VAC115-100-10 Definitions

A. The following words and terms when used in this chapter shall have the meaning ascribed to them in § 54.1-3500 of the Code of Virginia:

"Behavioral health technician"

"Behavioral health technician assistant"

"Board"

B.The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"DBHDS" means the Virginia Department of Behavioral Health and Developmental Services.

"NPDB" means the National Practitioner Data Bank.

"Supervision" means the ongoing process performed by a supervisor who monitors the performance of the person supervised.

"Supervisor" means an individual who assumes responsibility for the activities of a person under supervision and who provides supervision consistent with the training and experience of both the supervisor and the person under supervision and with the type of services being provided.

History

Statutory Authority: §§ 54.1-3500, 54.1-3518, and 54.1-3519 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 41, Issue 17, eff. May 8, 2025.

18VAC115-100-20 Fees required by the board

A. The board has established fees for the following:

| Registration as a behavioral health technician | $40 | | --- | --- | | Registration as a behavioral health technician assistant | $25 | | Renewal of registration | $30 | | Late renewal | $20 | | Reinstatement of a lapsed registration | $75 | | Duplicate certificate of registration | $10 | | Returned check or dishonored credit card or debit card | $50 | | Reinstatement following revocation or suspension | $500 |

B. Unless otherwise established by the board, all fees shall be nonrefundable.

History

Statutory Authority: §§ 54.1-3500, 54.1-3518, and 54.1-3519 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 41, Issue 17, eff. May 8, 2025.

18VAC115-100-30 Current name and address

A. Each registrant shall furnish a current name and address of record to the board.

B. Registrants shall notify the board in writing within 60 days of:

Any name change; or
Any change of address of record or of the registrant's public address if different from the address of record.

History

Statutory Authority: §§ 54.1-3500, 54.1-3518, and 54.1-3519 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 41, Issue 17, eff. May 8, 2025.

Part II Requirements for Registration

18VAC115-100-40 Requirements for registration as a behavioral health technician

An applicant for registration as a behavioral health technician shall submit:

A completed application on forms provided by the board and any applicable fee as prescribed in 18VAC115-100-20;
An associate's degree or higher verified by an official transcript from an institution of higher education accredited by the U.S. Department of Education or an accrediting agency recognized by the board;
Evidence of completion of 40 hours of didactic education in a program recognized or approved by the board;
A current report from the NPDB, if applicable; and
Verification of any other mental health or health professional license, certification, or registration ever held in Virginia or another jurisdiction. An applicant for registration as a behavioral health technician shall have no unresolved disciplinary action on any license, certification, or registration in any jurisdiction. The board will consider a history of disciplinary action on a case-by-case basis as grounds for denial under 18VAC115-100-80.

History

Statutory Authority: §§ 54.1-3500, 54.1-3518, and 54.1-3519 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 41, Issue 17, eff. May 8, 2025.

18VAC115-100-50 Requirements for registration as a behavioral health technician assistant

An applicant for registration as a behavioral health technician assistant shall submit:

A completed application on forms provided by the board and any applicable fee as prescribed in 18VAC115-100-20;
Evidence of a high school diploma or equivalent;
Evidence of completion of 20 hours of didactic education in a program recognized or approved by the board;
A current report from the NPDB, if applicable; and
Verification of any other mental health or health professional license, certification, or registration ever held in Virginia or another jurisdiction. An applicant for registration as a behavioral health technician assistant shall have no unresolved disciplinary action on any license, certification, or registration in any jurisdiction. The board will consider a history of disciplinary action on a case-by-case basis as grounds for denial under 18VAC115-100-80.

History

Statutory Authority: §§ 54.1-3500, 54.1-3518, and 54.1-3519 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 41, Issue 17, eff. May 8, 2025.

18VAC115-100-60 Annual renewal of registration

Each registrant as a behavioral health technician or a behavioral health technician assistant shall renew registration on or before June 30 of each year. The registrant shall submit:

A completed form for renewal of the registration;
An attestation to completion of two hours of continuing education in ethics; and
The renewal fee prescribed in 18VAC115-100-20.

History

Statutory Authority: §§ 54.1-3500, 54.1-3518, and 54.1-3519 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 41, Issue 17, eff. May 8, 2025.

Part IV Standards of Practice, Disciplinary Action, and Reinstatement

18VAC115-100-70 Standards of practice

B. Each person registered by the board shall:

Practice in a manner that is in the best interest of the public and does not endanger the public health, safety, or welfare.
Practice only within the competency area for which the person is qualified by training or experience and shall not provide clinical mental health services for which a license is required pursuant to Chapters 35 (§ 54.1-3500 et seq.), 36 (§ 54.1-3600 et seq.), or 37 (§ 54.1-3700 et seq.) of Title 54.1 of the Code of Virginia.
Report to the board known or suspected violations of the laws and regulations governing the practice of behavioral health technicians or behavioral health technician assistants.
Neither accept nor give commissions, rebates, or other forms of remuneration for the referral of clients for professional services and make appropriate consultations and referrals based on the interest of patients or clients.
Stay abreast of new developments, concepts, and practices that are necessary to providing appropriate services.

C. In regard to confidentiality and client records, persons registered by the board shall:

Not willfully or negligently breach the confidentiality between a practitioner and a client. A breach of confidentiality that is required or permitted by applicable law or beyond the control of the practitioner shall not be considered willful or negligent.
Disclose client records to others only in accordance with applicable law.
Maintain client records securely, inform all employees of the requirements of confidentiality, and provide for the destruction of records that are no longer useful in a manner that ensures client confidentiality.
Maintain timely, accurate, legible, and complete written or electronic records for each client, to include dates of service and identifying information to substantiate services provided, progress, and termination.

D. No person registered by the board shall:

Engage in dual relationships with clients or former clients that are harmful to the client's well-being, that would impair the practitioner's objectivity and professional judgment, or that would increase the risk of client exploitation. This prohibition includes such activities as providing services to close friends, former sexual partners, employees, or relatives or engaging in business relationships with clients.
Engage in sexual intimacies or romantic relationships with current clients. For at least five years after cessation or termination of professional services, no practitioner shall engage in sexual intimacies or romantic relationships with a client or those included in collateral therapeutic services. Sexual or romantic relationships are potentially exploitative; therefore, the practitioner shall bear the burden of demonstrating that there has been no exploitation. A client's consent to, initiation of, or participation in sexual behavior or involvement with a practitioner does not change the nature of the conduct nor lift the regulatory prohibition.
As necessary, persons registered by the board shall recognize conflicts of interest and inform all parties of obligations, responsibilities, and loyalties to third parties.

History

Statutory Authority: §§ 54.1-3500, 54.1-3518, and 54.1-3519 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 41, Issue 17, eff. May 8, 2025.

18VAC115-100-80 Grounds for revocation, suspension, restriction, or denial of registration

The board may revoke, suspend, restrict, or decline to issue or renew a registration based upon the following conduct:

Conviction of a felony or of a misdemeanor involving moral turpitude, or violation of or aid to another in violating any provision of Chapter 35 (§ 54.1-3500 et seq.) of Title 54.1 of the Code of Virginia, any other statute applicable to the practice of behavioral health technicians, or any provision of this chapter;
Procuring, attempting to procure, or maintaining a registration by fraud or misrepresentation;
Conducting practice in such a manner so as to make it a danger to the health or welfare of clients or to the public, or lacking ability to conduct practice with reasonable skill and safety to clients by reason of illness or abusive use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition;
Violating or abetting another person in the violation of any provision of any statute applicable to the practice of behavioral health technicians or behavioral health technician assistants, or of this chapter;
Performance of an act likely to deceive, defraud, or harm the public;
Intentional or negligent conduct that causes or is likely to cause injury to a client;
Action taken against a health or mental health license, certification, registration, or application in Virginia or other jurisdiction;
Failure to cooperate with an employee of the Department of Health Professions in the conduct of an investigation; or
Failure to report evidence of child abuse or neglect as required in § 63.2-1509 of the Code of Virginia or elder abuse or neglect as required in § 63.2-1606 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-3500, 54.1-3518, and 54.1-3519 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 41, Issue 17, eff. May 8, 2025.

18VAC115-100-90 Late renewal and reinstatement

A. A person whose registration as a behavioral health technician or behavioral health technician assistant has expired may renew the registration within one year after the expiration date by paying the late renewal fee and the registration fee as prescribed in 18VAC115-100-20 for the year in which the registration was not renewed.

B. A person who fails to renew registration as a behavioral health technician or behavioral health technician assistant after one year or more shall:

Apply for reinstatement;
Pay the reinstatement fee for a lapsed registration;
Provide a current report from the NPDB, if applicable; and
Submit evidence of completion of two hours of continuing education for each year in which the license has been inactive or lapsed, not to exceed eight hours.

C. A person whose registration has been suspended or who has been denied reinstatement by board order, having met the terms of the order, may submit a new application and fee for reinstatement of registration as prescribed in 18VAC115-100-20. Any person whose registration has been revoked by the board may, three years subsequent to such board action, submit a new application and fee for reinstatement of registration as prescribed in 18VAC115-100-20. The board, in its discretion, may, after an administrative proceeding, grant the reinstatement sought in this subsection.

History

Statutory Authority: §§ 54.1-3500, 54.1-3518, and 54.1-3519 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 41, Issue 17, eff. May 8, 2025.

Agency 120 Department of Professional And Occupational Regulation

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

18VAC120-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Department of Professional and Occupational Regulation. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201, 54.1-831 and 54.1-1802 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 2, 2008.

18VAC120-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Department of Professional and Occupational Regulation, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201, 54.1-831 and 54.1-1802 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 2, 2008.

Part II Notification of Interested Persons

18VAC120-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201, 54.1-831 and 54.1-1802 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 2, 2008.

18VAC120-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 18VAC120-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201, 54.1-831 and 54.1-1802 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 2, 2008.

Part III Public Participation Procedures

18VAC120-11-50 Public comment

A. In considering any nonemergency, nonexempt regulatory action, the agency shall afford interested persons an opportunity to (i) submit data, views, and arguments, either orally or in writing, to the agency and (ii) be accompanied by and represented by counsel or other representative. Such opportunity to comment shall include an online public comment forum on the Town Hall.

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 2, 2008; amended, Virginia Register Volume 32, Issue 24, eff. September 8, 2016.

18VAC120-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201, 54.1-831 and 54.1-1802 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 2, 2008.

18VAC120-11-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201, 54.1-831 and 54.1-1802 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 2, 2008.

18VAC120-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201, 54.1-831 and 54.1-1802 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 2, 2008.

18VAC120-11-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201, 54.1-831 and 54.1-1802 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 2, 2008.

18VAC120-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201, 54.1-831 and 54.1-1802 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 2, 2008.

18VAC120-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201, 54.1-831 and 54.1-1802 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 26, eff. October 2, 2008.

Chapter 30 Regulations Governing Polygraph Examiners

Part I Definitions

18VAC120-30-10 Definitions

The following words and terms, when used in this chapter, have the following meanings unless the context clearly indicates otherwise:

"Advisory board" or "board" means the Polygraph Examiners Advisory Board.

"Polygraph examination" means the entire period of contact between a licensee and an examiner.

"Polygraph test" means the part of the polygraph examination during which the examinee is connected to a polygraph instrument that is continuously recording the examinee's reactions to questions.

"Reciprocity" means that any individual holding a current license in another jurisdiction may obtain a Virginia polygraph examiner license, provided the requirements and standards under which the license was issued are substantially equivalent to those established in this chapter and the individual meets all other requirements for licensure in Virginia.

"Reinstatement" means having a license restored to effectiveness after the expiration date on the license has passed.

"Relevant question" means a question asked of an examinee during a polygraph test that concerns an issue identified to the examinee during the pretest and that is to be reported by the licensee to any other person.

"Renewal" means continuing the effectiveness of a license for another period of time.

History

Statutory Authority: § 54.1-1802.1 of the Code of Virginia.
Historical Notes: Derived from VR190-03-1 § 1.1, eff. March 27, 1991; amended, Virginia Register Volume 11, Issue 19, eff. July 12, 1995; Volume 23, Issue 21, eff. August 1, 2007; Volume 42, Issue 4, eff. November 5, 2025.

18VAC120-30-20 (Repealed.)

History

Historical Notes: Derived from VR190-03-1 § 1.2; amended, Virginia Register Volume 11, Issue 19, eff. July 12, 1995; repealed, Virginia Register Volume 42, Issue 4, eff. November 5, 2025.

18VAC120-30-30 Advisory board

A. The Polygraph Examiners Advisory Board, consisting of eight members appointed by the director, will exercise the authority delegated by the director consistent with § 2.2-2100 A of the Code of Virginia and advise the department on any matters relating to the practice of polygraphy and the licensure of polygraph examiners in the Commonwealth of Virginia.

B. The advisory board will be composed of three Virginia licensed polygraph examiners employed by law-enforcement agencies of the Commonwealth or any of its political subdivisions, three Virginia licensed polygraph examiners employed in private industry, and two citizen members as defined in §§ 54.1-107 and 54.1-200 of the Code of Virginia. All members must be residents of the Commonwealth of Virginia.

C. Each member will serve a four-year term. No member will serve more than two consecutive four-year terms.

History

Statutory Authority: § 54.1-1802.1 of the Code of Virginia.
Historical Notes: Derived from VR190-03-1 § 1.2, eff. March 27, 1991; amended, Virginia Register Volume 11, Issue 19, eff. July 12, 1995; Volume 23, Issue 21, eff. August 1, 2007; Volume 42, Issue 4, eff. November 5, 2025.

Part II Entry Requirements

18VAC120-30-40 Basic qualifications for licensure and registration

A. Every applicant to the department for a license must provide information on the application establishing that the applicant meets the following qualifications:

The applicant is at least 18 years of age.
The applicant must disclose if the applicant has had a license as a polygraph examiner that was suspended, revoked, or surrendered in connection with a disciplinary action or that has been the subject of discipline in any jurisdiction prior to applying for licensure in Virginia. At the time of application for licensure, the applicant must also disclose any disciplinary action taken in another jurisdiction in connection with the applicant's practice as a polygraph examiner.
The applicant must disclose if the applicant has been convicted in any jurisdiction of a felony or misdemeanor involving lying, cheating, stealing, sexual offense, non-marijuana drug distribution, physical injury, or relating to the practice of the profession. The department, in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.
The applicant has disclosed the applicant's physical address and email address. A post office box is not acceptable as a physical address.
The applicant has signed, as part of the application, a statement certifying that the applicant has read and understands the Virginia polygraph examiner license law and regulations.
The applicant has submitted an application, provided by the department, that must include criminal history record information from the Central Criminal Records Exchange, with a report date within 30 days of the date the application is received by the department.

B. The department may (i) make further inquiries and investigations with respect to the qualifications of the applicant or (ii) require a personal interview with the applicant.

C. The applicant must pass all parts of the polygraph examiner licensing examination approved by the department within one year from examination approval in order to be eligible for a polygraph examiner license.

History

Statutory Authority: § 54.1-1802.1 of the Code of Virginia.
Historical Notes: Derived from VR190-03-1 § 2.1; Virginia Register Volume 11, Issue 19, eff. July 12, 1995; amended, Virginia Register Volume 23, Issue 21, eff. August 1, 2007; Volume 30, Issue 6, eff. January 1, 2014; Volume 38, Issue 5, eff. December 1, 2021; Volume 42, Issue 4, eff. November 5, 2025.

18VAC120-30-50 Registration of polygraph examiner interns

A. A polygraph examiner intern registration will be issued to applicants who fulfill the requirements of 18VAC120-30-40 and the following:

The applicant has met the experience requirements by having a high school diploma or equivalent and a minimum of five years of experience as an investigator or detective, or in a field acceptable to the department that demonstrates the ability to practice polygraphy.

a. The applicant will be credited two years of the five years of experience required in subdivision 1 of this subsection if the applicant has an associate degree from an accredited college or university.

b. The applicant will be credited all five years of experience required in subdivision 1 of this subsection if the applicant has a bachelor's degree from an accredited college or university.

The applicant has met the education requirements by either completing the required training in detection of deception at an accredited Polygraph Association Training Program or an equivalent polygraph school, or by submitting evidence of satisfactory completion of substantially equivalent training if the polygraph school at which the applicant received the training in the detection of deception is not approved by the department.

B. An intern registration will be valid for 12 months from the date of issue as indicated on the registration.

C. Each intern must be supervised by a licensed polygraph examiner who meets the qualifications in 18VAC120-30-60.

D. A polygraph intern may apply for an extension of a polygraph intern registration after the expiration of the initial intern registration for no more than one year by submitting the fee referenced in 18VAC120-30-100. Additional extensions will be allowed if the individual repeats the education requirements set forth in subdivision A 2 of 18VAC120-30-50.

History

Statutory Authority: § 54.1-1802.1 of the Code of Virginia.
Historical Notes: Derived from VR190-03-1 § 2.2, eff. March 27, 1991; amended, Virginia Register Volume 11, Issue 19, eff. July 12, 1995; Volume 23, Issue 21, eff. August 1, 2007; Volume 42, Issue 4, eff. November 5, 2025.

18VAC120-30-55 Qualifications for licensure by examination

A. A polygraph examiner license will be issued to applicants who fulfill the requirements of 18VAC120-30-40, 18VAC120-30-50, and subsections B and C of this section.

B. The applicant must have completed six months as a registered intern examiner under the supervision of an examiner qualified under 18VAC120-30-60 who must supervise each and every polygraph examination administered by the intern. The internship need not be accomplished in Virginia. However, any internship conducted outside of Virginia must comply fully with this regulation. An intern may not be eligible to sit for the license examination until the intern's supervisor has submitted to the department a written statement that the internship has been satisfactorily completed. The department may waive the internship for any person who practiced polygraphy in a federal jurisdiction or the United States military.

C. Upon submission of the completed application and fee, the applicant will be considered for the examination required by 18VAC120-30-110. Upon passing such examination, the applicant will be granted a polygraph examiner license provided the applicant is otherwise qualified.

History

Statutory Authority: § 54.1-1802.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 21, eff. August 1, 2007; amended, Virginia Register Volume 42, Issue 4, eff. November 5, 2025.

18VAC120-30-60 Qualifications for licensed polygraph examiners to act as supervisors of polygraph interns

Each supervisor for a registered intern examiner must be currently licensed and have held a valid Virginia examiner license for two years or submit evidence satisfactory to the department that the supervisor has qualifications that are substantially equivalent to those required in this chapter.

History

Statutory Authority: § 54.1-1802.1 of the Code of Virginia.
Historical Notes: Derived from VR190-03-1 § 2.3, eff. March 27, 1991; amended, Virginia Register Volume 11, Issue 19, eff. July 12, 1995; Volume 42, Issue 4, eff. November 5, 2025.

18VAC120-30-70 Procedures for licensed polygraph examiners to certify the procedures to be used to supervise an intern during an internship

A. Each licensee supervising an intern must review the intern's charts for quality control and address any deficiencies found in the charts prior to the intern rendering an opinion or conclusion on any polygraph examination administered by the intern.

B. In the event the licensed supervisor is unable to continue, any review of experience will be at the discretion of the board.

History

Statutory Authority: § 54.1-1802.1 of the Code of Virginia.
Historical Notes: Derived from VR190-03-1 § 2.4, eff. March 27, 1991; amended, Virginia Register Volume 11, Issue 19, eff. July 12, 1995; Volume 30, Issue 6, eff. January 1, 2014; Volume 42, Issue 4, eff. November 5, 2025.

18VAC120-30-80 Qualifications for licensure by reciprocity

An individual who is currently licensed as a polygraph examiner in another jurisdiction may obtain a Virginia license, provided the requirements and standards under which the license was issued are substantially equivalent to those in Virginia.

History

Statutory Authority: § 54.1-1802.1 of the Code of Virginia.
Historical Notes: Derived from VR190-03-1 § 2.5; Virginia Register Volume 11, Issue 19, eff. July 12, 1995; amended, Virginia Register Volume 42, Issue 4, eff. November 5, 2025.

18VAC120-30-90 (Repealed.)

History

Historical Notes: Derived from VR190-03-1 § 2.6; Virginia Register Volume 11, Issue 19, eff. July 12, 1995; repealed, Virginia Register Volume 23, Issue 21, eff. August 1, 2007.

18VAC120-30-100 Fees

A. All application fees for licenses and registrations are nonrefundable and will not be prorated. The date of receipt by the department is the date that will be used to determine whether or not the fee is on time.

B. Application and examination fees must be submitted with the application for licensure. All other fees are discussed in greater detail in later sections of this chapter.

C. The following fees listed in the table apply:

| FEE TYPE | AMOUNT DUE | WHEN DUE | | --- | --- | --- | | Application for Examiner License by Examination | $200 | With application | | Application for Examiner License by Reciprocity | $190 | With application | | Application for Intern Registration | $75 | With application | | | | | | Reexamination | $200 | With approval letter | | Renewal | $110 | Up to the expiration date on the license | | Reinstatement | $150 | From the expiration date to 24 calendar months after the expiration date on license |

History

Statutory Authority: § 54.1-1802.1 of the Code of Virginia.
Historical Notes: Derived from VR190-03-1 § 2.7; Virginia Register Volume 11, Issue 19, eff. July 12, 1995; amended, Virginia Register Volume 14, Issue 11, eff. April 1, 1998; Volume 15, Issue 26, eff. November 1, 1999; Volume 23, Issue 21, eff. August 1, 2007; Volume 30, Issue 6, eff. January 1, 2014; Volume 34, Issue 18, eff. July 1, 2018; Volume 36, Issue 17, eff. July 1, 2020; Volume 38, Issue 11, eff. March 1, 2022; Volume 38, Issue 18, eff. June 1, 2022; Volume 42, Issue 4, eff. November 5, 2025.

18VAC120-30-110 Examinations

All examinations required for licensure must be approved by the advisory board and provided by the department, a testing service acting on behalf of the advisory board, or another governmental agency or organization.

Applicants for licensure must pass a two-part licensing examination approved by the board, of which Part I is a written examination and Part II is an advisory board evaluation. Applicants must pass the written examination in order to sit for the advisory board evaluation.

The applicant must follow all rules established by the department with regard to conduct at the examination. Such rules include any written instructions communicated prior to the examination date and any instructions communicated at the site, either written or oral, on the date of the examination. Failure to comply with all rules established by the department with regard to conduct at the examination will be grounds for denial of application.

History

Statutory Authority: § 54.1-1802.1 of the Code of Virginia.
Historical Notes: Derived from VR190-03-1 § 2.8; amended, Virginia Register Volume 11, Issue 19, eff. July 12, 1995; Volume 30, Issue 6, eff. January 1, 2014; Volume 42, Issue 4, eff. November 5, 2025.

Part III Renewal

18VAC120-30-120 Renewal required

Licenses issued under this chapter shall expire 24 months from the last day of the month in which the license was issued, as indicated on the license.

History

Statutory Authority: § 54.1-1802.1 of the Code of Virginia.
Historical Notes: Derived from VR190-03-1 § 3.1; Virginia Register Volume 11, Issue 19, eff. July 12, 1995; amended, Virginia Register Volume 38, Issue 11, eff. March 1, 2022.

18VAC120-30-130 Procedures for renewal

The department will send a renewal notice to the licensee. Failure to receive this notice does not relieve the licensee of the obligation to renew. Prior to the expiration date shown on the license, each licensee desiring to renew a license must return to the department the appropriate fee as referenced in 18VAC120-30-100. Any licensee who fails to submit the renewal payment on or prior to the expiration date must apply for reinstatement.

History

Statutory Authority: § 54.1-1802.1 of the Code of Virginia.
Historical Notes: Derived from VR190-03-1 § 3.2; Virginia Register Volume 11, Issue 19, eff. July 12, 1995; amended, Virginia Register Volume 23, Issue 21, eff. August 1, 2007; Volume 38, Issue 11, eff. March 1, 2022; Volume 42, Issue 4, eff. November 5, 2025.

18VAC120-30-140 (Repealed.)

History

Historical Notes: Derived from VR190-03-1 § 3.3; Virginia Register Volume 11, Issue 19, eff. July 12, 1995; repealed, Virginia Register Volume 38, Issue 11, eff. March 1, 2022.

18VAC120-30-150 (Repealed.)

History

Historical Notes: Derived from VR190-03-1 § 3.4; Virginia Register Volume 11, Issue 19, eff. July 12, 1995; amended, Virginia Register Volume 23, Issue 21, eff. August 1, 2007; repealed, Virginia Register Volume 38, Issue 11, eff. March 1, 2022.

18VAC120-30-160 Qualifications for renewal

A. Applicants for renewal of a license must continue to meet the standards for entry as set forth in subdivisions A 2, A 3, and A 4 of 18VAC120-30-40.

B. The department may deny renewal of a license for the same reasons as it may refuse initial licensure or discipline a licensee. The licensee has a right to request further review of any such action by the department under the Virginia Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

C. Failure to timely pay any monetary penalty, reimbursement of cost, or other fee assessed by consent order or final order will result in delaying or withholding services provided by the department, such as renewal, reinstatement, processing of a new application, or exam administration.

History

Statutory Authority: § 54.1-1802.1 of the Code of Virginia.
Historical Notes: Derived from VR190-03-1 § 3.5; Virginia Register Volume 11, Issue 19, eff. July 12, 1995; amended, Virginia Register Volume 23, Issue 21, eff. August 1, 2007; Volume 30, Issue 6, eff. January 1, 2014; Volume 38, Issue 11, eff. March 1, 2022; Volume 42, Issue 4, eff. November 5, 2025.

Part IV Reinstatement

18VAC120-30-170 Reinstatement required

A. Any licensee who fails to renew a license on or prior to the expiration date on the license must apply for reinstatement and submit the proper fee referenced in 18VAC120-30-100.

B. Twenty-four calendar months after the expiration date on the license, reinstatement is no longer possible. To resume practice as a polygraph examiner, the former licensee must apply as a new applicant for licensure, meeting all then-current entry requirements at the time of reapplication, including retaking an examination.

C. Any examiner activity conducted subsequent to the expiration of the license may constitute unlicensed activity and may be subject to prosecution under § 54.1-111 of the Code of Virginia.

History

Statutory Authority: § 54.1-1802.1 of the Code of Virginia.
Historical Notes: Derived from VR190-03-1 § 4.1; Virginia Register Volume 11, Issue 19, eff. July 12, 1995; amended, Virginia Register Volume 30, Issue 6, eff. January 1, 2014; Volume 38, Issue 11, eff. March 1, 2022; Volume 42, Issue 4, eff. November 5, 2025.

18VAC120-30-180 Qualifications for reinstatement

A. Applicants for reinstatement of a license must continue to meet the standards for entry as set forth in subdivisions A 2, A 3, and A 4 of 18VAC120-30-40.

B. The department may deny reinstatement of a license for the same reasons as it may refuse initial licensure or discipline a licensee. The licensee has a right to request further review of any such action by the department under the Virginia Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: § 54.1-1802.1 of the Code of Virginia.
Historical Notes: Derived from VR190-03-1 § 4.2; Virginia Register Volume 11, Issue 19, eff. July 12, 1995; amended, Virginia Register Volume 23, Issue 21, eff. August 1, 2007; Volume 30, Issue 6, eff. January 1, 2014; Volume 38, Issue 11, eff. March 1, 2022; Volume 42, Issue 4, eff. November 5, 2025.

18VAC120-30-190 Status of a license during the period before reinstatement

A. When a license is reinstated, the licensee will continue to have the same license number and be assigned an expiration date two years from the previous expiration date of the license.

B. A licensee who reinstates a license will be regarded as having been continually licensed without interruption. Therefore, the licensee will remain under the disciplinary authority of the department during this entire period. Nothing in this chapter divests the department of its authority to discipline a licensee for a violation of the law or regulations during the period of licensure.

History

Statutory Authority: § 54.1-1802.1 of the Code of Virginia.
Historical Notes: Derived from VR190-03-1 § 4.3; Virginia Register Volume 11, Issue 19, eff. July 12, 1995; amended, Virginia Register Volume 23, Issue 21, eff. August 1, 2007; Volume 38, Issue 11, eff. March 1, 2022; Volume 42, Issue 4, eff. November 5, 2025.

Part V Standards of Practice and Conduct

18VAC120-30-200 Polygraph examination procedures

A. The examiner must provide the examinee with a written explanation of the provisions of 18VAC120-30-200, 18VAC120-30-210, and 18VAC120-30-220 at the beginning of each polygraph examination.

B. The examinee may request a recording of the polygraph examination being administered. Each examiner must maintain recording equipment and recording media adequate for such recording. The examiner must safeguard all examination recordings with the records the examiner is required to keep pursuant to 18VAC120-30-230. All recordings must be made available to the department, the examinee, or the examinee's attorney upon request. The examiner may charge the examinee a fee not to exceed $35 only if the examinee requests and receives a copy of an examination.

C. The examinee is entitled to a copy of all portions of any written report pertaining to the examinee's examination that is prepared by the examiner and provided to any person or organization. The examinee must make this request in writing to the examiner. The examiner must comply within 10 business days of providing the written report to any person or organization or receiving the examinee's written request, whichever occurs later. The examiner may collect not more than $1.00 per page from the examinee for any copy provided.

D. The provisions of subsections A, B, and C of this section are not applicable to any examination conducted by or on behalf of the Commonwealth or any of its political subdivisions when the examination is for the purpose of preventing or detecting crime or the enforcement of penal laws. However, examiners administering examinations as described in this section must comply with subsection A of this section through a verbal explanation of the provisions of 18VAC120-30-210 and 18VAC120-30-220.

E. The examiner must disclose to the examinee that the examination is subject to disclosure under the Virginia Freedom of Information Act (§ 2.2-3700 et seq. of the Code of Virginia).

History

Statutory Authority: § 54.1-1802.1 of the Code of Virginia.
Historical Notes: Derived from VR190-03-1 § 5.1; Virginia Register Volume 11, Issue 19, eff. July 12, 1995; amended, Virginia Register Volume 23, Issue 21, eff. August 1, 2007; Volume 30, Issue 6, eff. January 1, 2014; Volume 41, Issue 2, eff. November 1, 2024; Volume 42, Issue 4, eff. November 5, 2025.

18VAC120-30-210 Examination pretest procedure

A. Prior to administering any polygraph test, the examiner must inform the prospective examinee of all the issues to be covered during the polygraph examination and of all the items to be reported by the examiner to any other person.

B. The examiner must obtain written permission from the prospective examinee to administer the examination after fulfilling the requirements of 18VAC120-30-200 and before proceeding further with the administration of the examination.

History

Statutory Authority: § 54.1-1802.1 of the Code of Virginia.
Historical Notes: Derived from VR190-03-1 § 5.2, eff. March 27, 1991; amended, Virginia Register Volume 11, Issue 19, eff. July 12, 1995; Volume 42, Issue 4, eff. November 5, 2025.

18VAC120-30-220 Examination standards of practice

A. The examiner must comply with the following standards of practice and disclose to each examinee the provisions of this subsection and must not proceed to examine or continue the examination if it is or becomes apparent to the examiner that the examinee does not understand any of these disclosures:

All questions to be asked during the polygraph test must be reduced to writing and read to the examinee.
The examinee or the examiner may terminate the examination at any time.
If the examination is within the scope of § 40.1-51.4:3 of the Code of Virginia, the examiner must explain the provisions of that statute to the examinee.
No questions may be asked concerning any examinee's lawful religious affiliations, lawful political affiliations, or lawful labor activities. This provision does not apply to any such affiliation that is inconsistent with the oath of office for public law-enforcement officers.
The examinee must be provided the full name of the examiner and the name, address, and telephone number of the department.
During no part of a preemployment polygraph examination may the examiner ask questions concerning an examinee's sexual preferences or sexual activities, except as in accordance with § 40.1-51.4:3 or 54.1-1806 of the Code of Virginia.

B. An examiner must perform no more than five polygraph examinations in any 24-hour period.

C. An examiner must ask no more than 16 questions per chart on a single polygraph test. Nothing in this subsection prohibits an examiner from conducting more than one polygraph test during a polygraph examination.

D. An examiner must allow on every polygraph test a minimum time interval of 20 seconds between the examinee's answer to a question and the start of the next question.

E. An examiner must record, at a minimum, the following information on each polygraph test chart produced:

The name of the examinee;
The date of the examination;
The time that each test begins;
The examiner's name;
Any adjustment made to component sensitivity;
The point at which each question begins and each answer is given;
Each question number; and
Each answer given by the examinee.

F. An examiner must render only three evaluations of polygraph tests:

Significant response;
No significant response; or
Inconclusive.

An examiner may include in the examiner's report any information revealed by the examinee during the polygraph examination.

Nothing in this section prohibits an examiner from explaining the meaning of the above evaluations.

G. An examiner must not render a verbal or written report based upon polygraph test chart analysis without having conducted at least two polygraph charts. Each relevant question must have been asked at least once on each of at least two polygraph charts.

H. An examiner may make a hiring or retention recommendation for the examiner's employer, provided the hiring or retention decision is not based solely on the results of the polygraph examination.

History

Statutory Authority: § 54.1-1802.1 of the Code of Virginia.
Historical Notes: Derived from VR190-03-1 § 5.3, eff. March 27, 1991; amended, Virginia Register Volume 11, Issue 19, eff. July 12, 1995; Volume 23, Issue 21, eff. August 1, 2007; Volume 30, Issue 6, eff. January 1, 2014; Volume 42, Issue 4, eff. November 5, 2025.

18VAC120-30-230 Records

The licensed polygraph examiner or registered polygraph examiner intern must maintain the following for at least one year from the date of each polygraph examination:

Polygraphic charts;
Questions asked during the examination;
A copy of the results and the conclusions drawn;
A copy of every written report provided in connection with the examination; and
Electronic recordings of examinations made in compliance with subsection B of 18VAC120-30-200.

History

Statutory Authority: § 54.1-1802.1 of the Code of Virginia.
Historical Notes: Derived from VR190-03-1 § 5.4, eff. March 27, 1991; amended, Virginia Register Volume 11, Issue 19, eff. July 12, 1995; Volume 23, Issue 21, eff. August 1, 2007; Volume 30, Issue 6, eff. January 1, 2014; Volume 42, Issue 4, eff. November 5, 2025.

18VAC120-30-240 Prohibited acts

The department may fine, deny, suspend, or revoke any license or registration, or deny or withdraw school approval upon a finding that the applicant, licensee, registrant, or school:

Has presented false or fraudulent information when applying for any license or registration, renewal of license or registration, or approval;
Has violated, aided, or abetted others to violate Chapter 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), or 3 (§ 54.1-300 et seq.) of Title 54.1 or §§ 54.1-1800 through 54.1-1806 of the Code of Virginia, or of any other statute applicable to the practice of the profession regulated by this chapter, or of any provisions of this chapter;
Has been convicted or found guilty, regardless of the manner of adjudication, in any jurisdiction of the United States of any felony or non-marijuana misdemeanor. Review of convictions will be subject to the requirements of § 54.1-204 of the Code of Virginia;
Has made, in the course of soliciting for or advertising a business or service licensed under § 54.1-1802.1 of the Code of Virginia, a false, deceptive, or misleading statement orally, in writing, or in printed form;
Has allowed one's license or registration to be used by anyone else;
Has failed, within a reasonable period of time of 21 days, to provide any records or other information requested or demanded by the department;
Has displayed professional incompetence or negligence in the performance of polygraphy;
Has violated any provision of 18VAC120-30-220;
Has failed to maintain for a period of one year from the date of each administered polygraph examination a complete and legible copy of all documents relating to the polygraph examination including examination questions, results, conclusions drawn, and written or electronic reports;
Has failed to inform the department in writing within 30 days that the regulant, school's owner, or instructor has pleaded guilty or nolo contendere or was convicted and found guilty of any felony or any non-marijuana misdemeanor conviction;
Has refused or failed, upon request, to produce to the department or any of the department's agents any document, book, or record or copy of any document, book, or record in the regulant's or school owner's possession concerning all records for which the regulant, school owner, or instructor is required to maintain; or
Has failed to respond to an investigator or provides false, misleading, or incomplete information to an investigator seeking information in the investigation of a complaint filed with the department against the regulant, school owner, or instructor.

History

Statutory Authority: § 54.1-1802.1 of the Code of Virginia.
Historical Notes: Derived from VR190-03-1 § 5.5, eff. March 27, 1991; amended, Virginia Register Volume 11, Issue 19, eff. July 12, 1995; Volume 23, Issue 21, eff. August 1, 2007; Volume 30, Issue 6, eff. January 1, 2014; Volume 38, Issue 5, eff. December 1, 2021; Volume 42, Issue 4, eff. November 5, 2025.

18VAC120-30-250 Maintenance of license

A. Notice in writing must be given to the department in the event of any change of name, address, or email address. Such notice must be made to the department within 30 days of the change of the name or location. The department will not be responsible for the licensee's or registrant's failure to receive notices, communications, or correspondence caused by the licensee's or registrant's failure to promptly notify the department in writing of any change of name or address.

B. All licensees or registrants must operate under the name in which the license or registration was issued.

History

Statutory Authority: § 54.1-1802.1 of the Code of Virginia.
Historical Notes: Derived from VR190-03-1 § 5.6, eff. March 27, 1991; amended, Virginia Register Volume 11, Issue 19, eff. July 12, 1995; Volume 23, Issue 21, eff. August 1, 2007; Volume 42, Issue 4, eff. November 5, 2025.

Part VI Approval of Polygraphy School

18VAC120-30-260 Approval of polygraph school curriculum

Schools seeking approval of a polygraph curriculum must submit the application for approval of a polygraph school to the department for consideration. The application must include:

The name and address of the school;
The name and address of the proprietor, partnership, corporation, or association if different from the school name;
The owners of the school;
The names and qualifications of the instructors; and
The subject courses and the number of instruction hours assigned to each.

History

Statutory Authority: § 54.1-1802.1 of the Code of Virginia.
Historical Notes: Derived from VR190-03-1 § 6.1; amended, Virginia Register Volume 11, Issue 19, eff. July 12, 1995; Volume 30, Issue 6, eff. January 1, 2014; Volume 42, Issue 4, eff. November 5, 2025.

18VAC120-30-270 Minimum requirements for school curriculum

A. There must be one type of polygraph instrument per three students in the course.

B. To receive approval, the institution must offer a minimum of 240 hours of instruction, unless the school has obtained approval from the department for less than the minimum hours of course instruction. The following subject areas must be included in the school's curriculum:

Polygraph theory;
Examination techniques and question formulation;
Polygraph interrogation;
Case observation;
Polygraph case practice;
Chart interpretation;
Legal aspects of polygraph examination;
Physiological aspects of polygraphy;
Psychological aspects of polygraphy;
Instrumentation;
History of polygraph;
Reviews and examinations;
Ethics as it relates to polygraphy.

C. Out-of-state schools seeking approval of their curriculum which has been approved by their state must have the appropriate regulatory agency of their state certify such approval to the department.

History

Statutory Authority: § 54.1-1802.1 of the Code of Virginia.
Historical Notes: Derived from VR190-03-1 § 6.2; Virginia Register Volume 11, Issue 19, eff. July 12, 1995; amended, Virginia Register Volume 23, Issue 21, eff. August 1, 2007; Volume 30, Issue 6, eff. January 1, 2014.

18VAC120-30-280 Instructor minimum requirements

A. Any person teaching the subjects required by this chapter must meet the following minimum requirements for the subjects to be taught:

Legal Aspects of Polygraph Examination. The instructor must be licensed as an attorney in a state or jurisdiction of the United States.
Polygraph Interrogation. The instructor must have five years of experience in the field of interrogation.
Physiological Aspects of Polygraphy. The instructor must have a degree in a health-related science with coursework in physiology from an accredited institution of higher learning.
Psychological Aspects of Polygraphy. The instructor must have a degree in psychology from an accredited institution of higher learning.
All other courses must be taught by individuals having at least five years of experience as a polygraph examiner.

B. The department may make exception to the above qualifications when an instructor is otherwise qualified by education or experience and provides such evidence in writing to the department.

History

Statutory Authority: § 54.1-1802.1 of the Code of Virginia.
Historical Notes: Derived from VR190-03-1 § 6.3; Virginia Register Volume 11, Issue 19, eff. July 12, 1995; amended, Virginia Register Volume 23, Issue 21, eff. August 1, 2007; Volume 42, Issue 4, eff. November 5, 2025.

18VAC120-30-290 Amendments and changes

Any change in the information provided by a school to the department as required by 18VAC120-30-260, 18VAC120-30-270, or 18VAC120-30-280 must be reported to the department in writing within 30 days of such an occurrence.

History

Statutory Authority: § 54.1-1802.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 21, eff. August 1, 2007; amended, Virginia Register Volume 42, Issue 4, eff. November 5, 2025.

18VAC120-30-300 Periodic requalification for continued course approval

At times established by the department, or during the random audit of any course, the department may require that schools that have previously obtained course approval, provide the department with evidence, in a form set forth by the department, that they continue to comply with the requirements of 18VAC120-30-260, 18VAC120-30-270 and 18VAC120-30-280. Failure to continue to comply with the department's requirements or respond to such a request may result in the department withdrawing its approval.

History

Statutory Authority: § 54.1-1802.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 21, eff. August 1, 2007; amended, Virginia Register Volume 30, Issue 6, eff. January 1, 2014.

18VAC120-30-310 Grounds for withdrawing approval from a school

The department may withdraw approval from a school upon a finding that:

An instructor of the approved school fails to teach the curriculum as provided for in 18VAC120-30-270.
The owner, employee, or instructor of the approved school permits or allows a person to teach in the school who does not meet the requirements of 18VAC120-30-280.
The owner, employee, or teacher is guilty of any dishonest conduct, including but not limited to fraud or deceit, in the teaching of polygraphy or violates any of the provisions of 18VAC120-30-240.

History

Statutory Authority: § 54.1-1802.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 21, eff. August 1, 2007.

Chapter 40 Virginia Boxing, Martial Arts, and Professional Wrestling Regulations

Part I Scope

18VAC120-40-10 Scope

This chapter contains procedures and requirements for the licensure of individuals and firms to engage in the conduct of professional boxing, martial arts, and wrestling events as provided for in Chapter 8.1 (§ 54.1-828 et seq.) of Title 54.1 of the Code of Virginia.

The director of the department is empowered to (i) promulgate this chapter, (ii) issue licenses, (iii) investigate to determine compliance with this chapter, and (iv) take disciplinary action, in accordance with the Virginia Administrative Process Act, against those who fail to comply with this chapter. Furthermore, to the extent applicable, this chapter shall be construed in accordance with and governed by Virginia's Administrative Process Act. The director is also empowered to contract with a vendor to perform certain tasks on the director's behalf. These tasks include examining and recommending licensure, investigating and ensuring that events are conducted in compliance with statutes and regulations, performing clerical duties, collecting fees, maintaining records, developing proposed regulations, and recommending enforcement actions.

History

Statutory Authority: § 54.1-831 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 21, eff. August 5, 1999; amended, Virginia Register Volume 19, Issue 23, eff. August 27, 2003; Volume 23, Issue 24, eff. September 5, 2007; Volume 31, Issue 26, eff. October 1, 2015; Volume 32, Issue 25, eff. September 7, 2016.

18VAC120-40-15 Applicability

Event licensing and conduct standards for boxing are set forth in 18VAC120-40-85 and 18VAC120-40-230 through 18VAC120-40-410. Event licensing and conduct standards for kick boxing and other similar contests, including mixed martial arts, are set forth in 18VAC120-40-85 and 18VAC120-40-411 through 18VAC120-40-411.21.

Individuals participating in wrestling events are required to be licensed as a wrestler. Requirements to obtain a wrestler license are set forth in 18VAC120-40-70 and 18VAC120-40-90. Event licensing and conduct standards for wrestling are set forth in 18VAC120-40-415 through 18VAC120-40-415.3.

History

Statutory Authority: § 54.1-831 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 24, eff. September 5, 2007; amended, Virginia Register Volume 25, Issue 15, eff. May 14, 2009; Volume 32, Issue 25, eff. September 7, 2016.

Part II General Provisions

18VAC120-40-20 Definitions

A. Section 54.1-828 of the Code of Virginia provides definitions of the following terms:

Boxer

Boxing

Cable television system

Contractor

Department

Director

Event

Manager

Martial artist

Martial arts or mixed martial arts

Matchmaker

Person

Promote

Promoter

Regulant

Trainer, second, or cut man

Wrestler

Wrestling

B. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Assistant event inspector" means the individual assigned to assist the event inspector.

"Boxer registry" or "martial artist registry" means any entity certified by the Association of Boxing Commissions for the purposes of maintaining records and identification of boxers and martial artists.

"Charity event" means an event where all or a portion of the proceeds are donated to a charitable organization that is tax-exempt under § 501(c)(3) of the Internal Revenue Code.

"Contest," "bout," or "match" means the portion of an event wherein specific individuals (two boxers, two martial artists, or two or more wrestlers) engage in boxing or wrestling which ends when a decision is reached.

"Event," as defined in § 54.1-828 of the Code of Virginia, begins when a promoter takes possession or control of a facility or area as specified in the contract between the promoter and the facility and lasts until the promoter releases control of the facility or area. One event shall not exceed one 24-hour period.

"Event inspector" means the individual assigned to be in overall charge of the conduct of an event to assure compliance with this chapter.

"Event license" means a method of regulation whereby any promoter arranging or conducting a boxing or wrestling event is required to obtain a prior authorization from the department.

"Event officials" means those individuals assigned to carry out the duties of an event inspector, assistant event inspector, inspector, referee, timekeeper, judge, or ringside physician as established by this chapter.

"Firm" means any sole proprietorship, general partnership, limited partnership, limited liability company, association, corporation, or other business entity.

"Inspector" means the individual assigned to assist the event inspector as provided for in this chapter.

"Judge" means an individual assigned to score a boxing or martial arts contest as provided for in this chapter.

"Licensed event" means an event that has been issued a license from the department in accordance with this chapter.

"Rabbit punch" means a blow delivered by a boxer or martial artist against his opponent that strikes the back of the opponent's neck or head with a chopping motion or punch.

"Referee" means the event official assigned to a boxing or martial arts contest to assure the proper conduct of the contest and the safety of the contestants or the licensed wrestler assigned to a wrestling contest to assure the safety of the spectators as provided for in this chapter.

"Responsible management" means the following individuals:

The sole proprietor of a sole proprietorship;
The partners of a general partnership;
The general partners of a limited partnership;
The officers of a corporation;
The managers of a limited liability company; or
The officers and directors of an association.

"Ringside physician" means the medical doctor assigned to assure the medical health and safety of each boxer or martial artist as provided for in this chapter.

"Task force" means the professional boxing, martial arts, and wrestling task force.

"Ten point must system" means the winner of the round must receive 10 points.

"Timekeeper" means the individual assigned to time each round and the interval between rounds, and to count for knockdowns as provided for in this chapter.

History

Statutory Authority: § 54.1-831 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 21, eff. August 5, 1999; amended, Virginia Register Volume 19, Issue 23, eff. August 27, 2003; Volume 23, Issue 24, eff. September 5, 2007; Volume 32, Issue 25, eff. September 7, 2016.

18VAC120-40-30 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 15, Issue 21, eff. August 5, 1999; repealed, Virginia Register Volume 19, Issue 23, eff. August 27, 2003.

18VAC120-40-40 License expiration and renewal

A. Except as set out in subsection B of this section, each license, other than an event license or a limited boxer, martial artist, or wrestler license, shall expire on December 31 of the year in which the license was issued, except that licenses issued during the last 45 days of any calendar year shall expire on December 31 of the following calendar year.

B. Each license to conduct a boxing, martial arts, or wrestling event issued to a licensed promoter shall be valid only for the duration of the event described in the application for licensure. Each limited license issued to a boxer, martial artist, or wrestler shall be valid only for the duration of one specifically identified event or two specifically identified events held on consecutive days at the same location.

C. Prior to the expiration date shown on the license, each licensee desiring to renew the license shall cause the department or its contractor to receive a photocopy of his license and the fee specified in 18VAC120-40-50.

D. The department may deny renewal of a license for the same reasons as it may refuse initial licensure or discipline a current licensee.

History

Statutory Authority: § 54.1-831 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 21, eff. August 5, 1999; amended, Virginia Register Volume 19, Issue 23, eff. August 27, 2003; Volume 22, Issue 11, eff. April 23, 2006; Volume 32, Issue 25, eff. September 7, 2016.

18VAC120-40-50 Fees

A. Each applicant shall submit the following fee along with the application for licensure:

| | Boxer | $40 | | --- | --- | --- | | | Boxer--limited | $30 | | | Martial artist | $40 | | | Martial artist--limited | $30 | | | Wrestler | $40 | | | Wrestler--limited | $30 | | | Manager | $50 | | | Promoter | $500 | | | Trainer, second, and cut man | $40 | | | Matchmaker | $50 |

B. Each application for a boxing event license shall be accompanied by the following fee:

Scheduled events of 42 rounds or fewer, with no more than one nontitle 10-round or 12-round bout—$1,500.
Scheduled events exceeding 42 rounds, with more than one nontitle 10-round or 12-round bout or any event with a title bout—$2,000.

C. Each application for a wrestling event license shall be accompanied by a fee of $125.

D. All fees are nonrefundable.

History

Statutory Authority: § 54.1-831 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 21, eff. August 5, 1999; amended, Virginia Register Volume 19, Issue 23, eff. August 27, 2003; Volume 21, Issue 20, eff. August 1, 2005; Volume 22, Issue 11, eff. April 23, 2006; Volume 32, Issue 25, eff. September 7, 2016.

18VAC120-40-60 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 15, Issue 21, eff. August 5, 1999; amended, Virginia Register Volume 19, Issue 23, eff. August 27, 2003; repealed, Virginia Register Volume 24, Issue 3, eff. December 29, 2007.

18VAC120-40-70 Application requirements

A. Applicants shall apply on forms supplied by the department or its contractor.

B. Individual applicants shall be at least 18 years of age.

C. The applicant shall disclose the following information about himself, in the case of an individual, or about the firm and every member of the responsible management of the firm, in the case of a firm:

Any guilty finding by the department, or by a court of any competent jurisdiction, of any material misrepresentation while engaged in boxing, martial arts, wrestling, or other athletic activities, or any conviction, guilty plea, or finding of guilty, regardless of adjudication or deferred adjudication, of any felony or non-marijuana misdemeanor;
Any disciplinary action taken by the department or another jurisdiction in connection with the applicant's participation in or promotion of professional athletic contests or activities including monetary penalty, fine, suspension, revocation, or surrender of a license in connection with a disciplinary action; and
Any currently or previously held boxing, martial arts, or wrestling licenses issued by this Commonwealth or any other jurisdiction.

Any plea of nolo contendere shall be considered a conviction for the purposes of this subsection. A certified copy of a final order, decree, or case decision by a court or regulatory agency with the lawful authority to issue such order, decree, or case decision shall be admissible as prima facie evidence of such conviction or discipline. Subject to the provisions of § 54.1-204 of the Code of Virginia, the department may deny an application for a license if, in its judgment, the actions disclosed in subdivisions 1 and 2 of this subsection would render the applicant unfit or unsuited to engage in boxing, wrestling, or other athletic activities.

D. Each individual applicant shall disclose his physical address and each firm applying for licensure shall disclose the physical addresses of the firm and the firm's responsible management. A post office box shall not be accepted in lieu of a physical address.

E. The fee established by 18VAC120-40-50 A shall accompany the application and shall not be refunded.

F. The receipt of an application and the deposit of fees in no way indicate approval by the department.

History

Statutory Authority: § 54.1-831 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 21, eff. August 5, 1999; amended, Virginia Register Volume 19, Issue 23, eff. August 27, 2003; Volume 32, Issue 25, eff. September 7, 2016; Volume 38, Issue 4, eff. December 1, 2021.

Part III Individual Licensing Standards

18VAC120-40-80 Entry requirements for boxer and martial artist

Each applicant for a license as a boxer or martial artist shall submit a completed application as described in 18VAC120-40-70 and shall:

Have a satisfactory record of professional boxing, professional martial arts, or, in the case of applicants who have participated in fewer than five professional boxing or professional martial arts bouts, evidence of competency in the elements of offense and defense. Such evidence may take the form of signed statements from individuals who have provided training to the applicant or records of the applicant's conduct in amateur as well as professional boxing or professional martial arts competition and shall be sufficient to satisfy the department that the applicant has the ability to compete.
Submit the following certification:

"I understand as a professional boxer or professional martial artist I should be aware that this sport includes many health and safety risks, in particular the risk of brain injury. As such I will take the necessary medical exams that detect brain injury. If I need further information about these exams I will ask my doctor or staff of the department."

Submit a complete professional record or, if amateur just turning professional, an amateur record, an amateur passbook recognized by USA Boxing for boxers, or a letter from the applicant's trainer certifying the applicant's boxing or martial arts experience, skill level, physical condition, and current training program.
Submit a certification from a licensed physician within the past six months certifying that the applicant is in good physical health and that the physician has not observed any abnormalities or deficiencies that would prevent the applicant from participation in a boxing or martial arts event or endanger the applicant, the public, officials, or other licensees participating in the event. The department may require additional medical tests to determine the fitness of a boxer or martial artist upon receipt of reliable information of a preexisting condition that may present a danger to the boxer or martial artist.

History

Statutory Authority: § 54.1-831 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 21, eff. August 5, 1999; amended, Virginia Register Volume 19, Issue 23, eff. August 27, 2003; Volume 23, Issue 24, eff. September 5, 2007; Volume 32, Issue 25, eff. September 7, 2016.

18VAC120-40-85 Requirements for boxer, martial artist, or contestant prior to an event or contest

Each boxer or contestant shall provide the department a negative test for the following prior to an event or contest:

Antibodies to the human immunodeficiency virus;
Hepatitis B surface antigen (HBsAg); and
Antibodies of virus hepatitis C.

Such tests shall be conducted within the 180 days preceding the event. A boxer, martial artist, or contestant who fails to provide the department with the required negative test results shall not be permitted to compete in the event or contest. The provisions of this section shall not apply to participants in a wrestling or martial arts event.

History

Statutory Authority: § 54.1-831 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 15, eff. May 14, 2009; amended, Virginia Register Volume 32, Issue 25, eff. September 7, 2016.

18VAC120-40-90 Entry requirements for wrestler

A. Each applicant for a license as a wrestler shall submit a completed application as described in 18VAC120-40-70 and a statement certifying that the applicant is in good physical health, has no abnormalities or deficiencies that would prevent his participation in a wrestling event or endanger the applicant's health when engaging in a wrestling exhibition, and understands the health and safety risks involved in participation in a wrestling event and, if not previously licensed in the Commonwealth, a statement certifying his experience and training.

B. The department may deny the application for a license as a wrestler to any applicant who has suffered a serious head injury or other serious physical injury, and may, in any case, require an additional, specific medical examination to determine the applicant's suitability before approving the applicant for licensure as a wrestler.

C. The department may deny the application for a license as a wrestler of any applicant who has been subject to the following actions by agencies in other jurisdictions that regulate wrestling:

Denial or suspension of a license as a wrestler for reasons of medical safety when it has been determined by competent medical examination that participation in a wrestling event by the applicant may pose a risk to the applicant's health; or
A violation of a law or regulation governing wrestling which is substantially the same as that found in Chapter 8.1 (§ 54.1-828 et seq.) of Title 54.1 of the Code of Virginia or in this chapter.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 15, Issue 21, eff. August 5, 1999; amended, Virginia Register Volume 19, Issue 23, eff. August 27, 2003; Volume 23, Issue 24, eff. September 5, 2007.

18VAC120-40-100 Entry requirements for manager

Each applicant for a license as a manager shall submit a completed application as described 18VAC120-40-70 and a statement that the applicant possesses a knowledge of this chapter. The department shall approve and issue all licenses in accordance with the standards established by the federal Professional Boxing Safety Act of 1996 (15 USC § 6301 et seq.), as amended.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 15, Issue 21, eff. August 5, 1999; amended, Virginia Register Volume 19, Issue 23, eff. August 27, 2003; Volume 23, Issue 24, eff. September 5, 2007.

18VAC120-40-110 Entry requirements for matchmaker

Each applicant for a license as a matchmaker shall submit a completed application as described in 18VAC120-40-70 and a statement that the applicant does not employ and does not otherwise have a financial interest in or commercial connection with any wrestler, boxer, martial artist, manager, trainer, or second, except that which may be necessary to arrange a wrestler's, boxer's, or martial artist's participation in a specific event. The department shall approve and issue all licenses in accordance with the standards established by the federal Professional Boxing Safety Act of 1996 (15 USC § 6301 et seq.), as amended.

History

Statutory Authority: § 54.1-831 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 21, eff. August 5, 1999; amended, Virginia Register Volume 19, Issue 23, eff. August 27, 2003; Volume 23, Issue 24, eff. September 5, 2007; Volume 32, Issue 25, eff. September 7, 2016.

18VAC120-40-120 Entry requirements for promoter

Each applicant for a license as a promoter shall submit a completed application as described in 18VAC120-40-70, a statement that the applicant possesses knowledge of this chapter, and the following certification:

"I understand that I am not entitled to compensation in connection with a boxing or martial arts match, including gate fees, until I provide the department with a copy of any agreement in writing to which I and any boxer or martial artist participating in the match are parties; a statement made under penalty of perjury that there are no other agreements; a statement of fees, charges, and expenses that will be assessed by or through me on the boxer or martial artist, including any portion of the boxer's or martial artist's purse that I receive and training expenses; all payments, gifts, or benefits I am providing to any sanctioning organization affiliated with the event; and any reduction in the boxer's or martial artist's purse contract to a previous agreement between myself and the boxer or martial artist. Further, I understand that I am not entitled to compensation in connection with a boxing or martial artist match until I provide the boxer or martial artist I promote with the amounts of any compensation or consideration that I have contracted to receive from such match; all fees, charges, and expenses that will be assessed by or through me on the boxer or martial artist pertaining to the event, including any portion of the boxer's or martial artist's purse that I will receive and training expenses; and any reduction in a boxer's or martial artist's purse contract to a previous agreement between myself and the boxer or martial artist."

The department shall approve and issue all licenses in accordance with the standards established by the federal Professional Boxing Safety Act of 1996 (15 USC § 6301 et seq.), as amended.

History

Statutory Authority: § 54.1-831 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 21, eff. August 5, 1999; amended, Virginia Register Volume 19, Issue 23, eff. August 27, 2003; Volume 23, Issue 24, eff. September 5, 2007; Volume 32, Issue 25, eff. September 7, 2016.

18VAC120-40-130 Entry requirements for trainer, second, or cut man

Each applicant for a license as a trainer, second, or cut man shall submit a completed application as described in 18VAC120-40-70 and evidence of a knowledge of:

This chapter;
The treatment of injuries;
Physical conditioning, health care, nutrition, training, first aid, and the effects of alcohol as it relates to boxing and martial arts; and
The bandaging of a boxer's or martial artist's hand.

The required evidence may take the form of the applicant's official record from a state regulatory agency, signed statements from current or former client or clients, or other documentary evidence that establishes that the applicant is competent. The department shall approve and issue all licenses in accordance with the standards established by the federal Professional Boxing Safety Act of 1996 (15 USC § 6301 et seq.), as amended.

History

Statutory Authority: § 54.1-831 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 21, eff. August 5, 1999; amended, Virginia Register Volume 19, Issue 23, eff. August 27, 2003; Volume 23, Issue 24, eff. September 5, 2007; Volume 32, Issue 25, eff. September 7, 2016.

Part IV Official Approval and Assignment to Events

18VAC120-40-140 Requirements for approval to act as an event official

A. To qualify to act on the department's behalf as an event official, a person must:

Be at least 18 years of age;
Not have been convicted or found guilty, regardless of adjudication, of any felony or non-marijuana misdemeanor involving lying, cheating, or stealing; illegal drugs; or other acts involving the sport of boxing or martial arts. Any plea of nolo contendere shall be considered a conviction for the purposes of this chapter. The record of conviction, authenticated in such form as to be admissible as evidence under the laws of the jurisdiction where convicted, shall be admissible as prima facie evidence of such conviction; and
Submit verifications from three persons of his proficiency as an event inspector, locker room inspector, referee, judge, or timekeeper, whichever is appropriate. Evidence of approval by the department, its contractor, or another jurisdiction with a regulatory program substantially equivalent to this chapter, may be submitted in lieu of the verifications from three persons.

B. In addition to requirements set forth in subsection A of this section, each referee or judge shall submit the following certification:

"I understand that I am not entitled to receive any compensation in connection with a boxing or martial arts match until I provide the department a statement of all consideration, including reimbursement for expenses that will be received from any source for participation in the match."

History

Statutory Authority: § 54.1-831 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 21, eff. August 5, 1999; amended, Virginia Register Volume 19, Issue 23, eff. August 27, 2003; Volume 23, Issue 24, eff. September 5, 2007; Volume 32, Issue 25, eff. September 7, 2016; Volume 38, Issue 4, eff. December 1, 2021.

18VAC120-40-150 Requirements for approval of ringside physicians

To qualify to act on the department's behalf as a ringside physician, an applicant must provide evidence that the applicant meets the requirements for a ringside physician specified in § 54.1-829 of the Code of Virginia.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 15, Issue 21, eff. August 5, 1999; amended, Virginia Register Volume 23, Issue 24, eff. September 5, 2007; Volume 42, Issue 5, eff. November 19, 2025.

18VAC120-40-160 Assignment to event

A. The department or its contractor shall assign a sufficient number of event officials to each licensed event who shall discharge the duties established in this chapter and to assure compliance with Chapter 8.1 (§ 54.1-828 et seq.) of Title 54.1 of the Code of Virginia and this chapter.

B. Event officials not assigned to a licensed event shall be present at the event only upon payment of admission as a spectator.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 15, Issue 21, eff. August 5, 1999; amended, Virginia Register Volume 23, Issue 24, eff. September 5, 2007.

Part V Duties of Event Officials for Boxing, Kick Boxing and Similar Contests

18VAC120-40-170 Duties of event inspectors

A. An event inspector shall be assigned by the department or its contractor to each event and shall be in overall charge of the conduct of the event and shall assure that all assigned inspectors, referees, timekeepers, judges, and ringside physicians are present and perform their duties.

B. The event inspector shall officiate at weigh-in to assure that all boxers or martial artists are properly weighed and licensed and shall assure that the boxers or martial artists have no weights or other objects which could influence the accuracy of the weighing.

C. The assigned event inspector shall comply with all procedures established by the department and assure compliance with Chapter 8.1 (§ 54.1-828 et seq.) of Title 54.1 of the Code of Virginia and this chapter.

D. The assistant event inspector shall perform all duties assigned by the event inspector.

History

Statutory Authority: § 54.1-831 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 21, eff. August 5, 1999; amended, Virginia Register Volume 19, Issue 23, eff. August 27, 2003; Volume 23, Issue 24, eff. September 5, 2007; Volume 32, Issue 25, eff. September 7, 2016.

18VAC120-40-180 Duties of locker room inspectors

A. Locker room inspectors shall be assigned to each event to assist the event inspector in the discharge of his duties.

B. Locker room inspectors shall be assigned by the event inspector to be in charge of the locker room and the corners and shall accompany the boxers or martial artists to the corner. A locker room inspector shall remain in each corner and assure compliance with this chapter.

C. A locker room inspector shall assist the event inspector during the weigh-in and, when requested, assist the ringside physician during the physical examination.

D. Locker room inspectors shall comply with all procedures established by the department and perform other duties as assigned to assure compliance with this chapter.

History

Statutory Authority: § 54.1-831 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 21, eff. August 5, 1999; amended, Virginia Register Volume 19, Issue 23, eff. August 27, 2003; Volume 23, Issue 24, eff. September 5, 2007; Volume 32, Issue 25, eff. September 7, 2016.

18VAC120-40-190 Duties of referees

An assigned referee shall pass a prefight physical performed by the ringside physician in accordance with 18VAC120-40-220, comply with all procedures established by the department, perform other duties as assigned to assure compliance with this chapter, and perform the following duties before, during, and after each assigned contest:

Provide the prefight instructions to boxers or martial artists;
Assure that each boxer or martial artist is properly gloved and wearing the required safety equipment;
Exercise supervision over the conduct of the contest to assure compliance with this chapter and to take immediate corrective action when a failure to comply is observed;
Immediately stop any contest when, in his judgment, one of the boxers or martial artists is outclassed by the other, injured, or otherwise unable to safely continue to participate in the contest;
Endeavor to perform his duties in a manner which does not impede the fair participation of either boxer or martial artist;
Consult, when he feels it appropriate, with the ringside physician on the advisability of stopping the contest if either boxer or martial artist appears injured or unable to continue;
Count for knockdowns and knockouts;
Determine fouls and stop contests;
Immediately stop any contest and notify the department's representative or contractor present at the event if one or both of the boxers or martial artists is not putting forth his best effort; and
Assure the health and well-being of the boxers and martial artists to the greatest extent possible.

History

Statutory Authority: § 54.1-831 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 21, eff. August 5, 1999; amended, Virginia Register Volume 19, Issue 23, eff. August 27, 2003; Volume 23, Issue 24, eff. September 5, 2007; Volume 32, Issue 25, eff. September 7, 2016.

18VAC120-40-200 Duties of judges

An assigned judge shall comply with all procedures established by the department, perform other duties assigned to assure compliance with this chapter, and perform the following duties before, during, and after each assigned contest:

Be present and attentive during the entire contest;
Provide his scorecards to the event inspector or his designee at the end of each round; and
Report to the event inspector or his designee promptly at the time directed.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 15, Issue 21, eff. August 5, 1999; amended, Virginia Register Volume 19, Issue 23, eff. August 27, 2003; Volume 23, Issue 24, eff. September 5, 2007.

18VAC120-40-210 Duties of timekeepers

An assigned boxing or martial arts timekeeper shall comply with all procedures established by the department, perform other duties as assigned to assure compliance with this chapter, and perform the following duties before, during, and after each assigned contest:

Provide a chronometer of a type suitable for timing the rounds of a boxing or martial arts contest;
Assure that a warning is sounded 10 seconds before the start of each round by blowing a whistle or other sound easily heard by the boxers and martial artists and distinct from the sound signaling the beginning and end of each round;
Assure that each round and the interval between each round are correctly and uniformly timed and that a bell or gong with a distinctive tone which is easily heard by the boxers or martial artists is sounded at the beginning and end of each round;
Assist the referee in the counting for a knockdown to assure the downed boxer or martial artist receives the correct amount of time allowed by this chapter to return to the contest; and
Report to the event inspector or his designee promptly at the time directed.

History

Statutory Authority: § 54.1-831 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 21, eff. August 5, 1999; amended, Virginia Register Volume 19, Issue 23, eff. August 27, 2003; Volume 23, Issue 24, eff. September 5, 2007; Volume 32, Issue 25, eff. September 7, 2016.

18VAC120-40-220 Duties of ringside physicians

The assigned ringside physician shall comply with all procedures established by the department and perform the following duties before, during, and after each assigned contest:

Conduct a physical examination of each referee immediately before the contest to assure his fitness to act as a referee;
Conduct a physical examination and take a medical history of each boxer or martial artist immediately before the contest to assure his fitness to compete;
Report to the event inspector or his designee promptly at the time directed and remain at ringside during the entire duration of all contests assigned;
Signal the referee immediately in the event an injury is observed which the referee has not observed and enter the ring only after the referee has stopped or suspended the action;
Render immediate medical aid to any boxer or martial artist injured during a contest and, where appropriate, accompany the boxer or martial artist to the hospital or other place where competent medical aid may be delivered. In no case shall the assigned ringside physician cease the direct application of his skills as a physician to an injured boxer or martial artist until such time as the ringside physician, in his best medical judgment, determines that his services are no longer necessary or the injured boxer or martial artist is under the care of other medically competent individuals;
Assure all substances in the possession of seconds, trainers, or cut men are appropriate for use on boxers or martial artists during the course of the contest; and
Report immediately to the department or its contractor his determination of the fitness of each boxer or martial artist to participate in the boxing or martial arts contest. A written report summarizing the results of his examination of each boxer or martial artist shall be provided to the department or its contractor within 24 hours after the date of the licensed boxing or martial arts event.

History

Statutory Authority: § 54.1-831 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 21, eff. August 5, 1999; amended, Virginia Register Volume 19, Issue 23, eff. August 27, 2003; Volume 23, Issue 24, eff. September 5, 2007; Volume 32, Issue 25, eff. September 7, 2016.

Part VI Duties of Officials for Wrestling

18VAC120-40-221 Duties of event inspectors

A. An event inspector may be assigned by the department or its contractor to each event and shall be in overall charge of the conduct of the event and shall assure that all assigned officials are present and perform their duties.

B. The assigned event inspector shall comply with all procedures established by the department and assure compliance with Chapter 8.1 (§ 54.1-828 et seq.) of Title 54.1 of the Code of Virginia and this chapter.

C. An assistant event inspector shall perform all duties assigned by the event inspector.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 23, Issue 24, eff. September 5, 2007.

18VAC120-40-222 Duties of locker room inspectors

A. Locker room inspectors may be assigned to each event to assist the event inspector in the discharge of his duties.

B. Locker room inspectors shall comply with all procedures established by the department and perform other duties as assigned to assure compliance with this chapter.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 23, Issue 24, eff. September 5, 2007.

Part VII Event Licensing and Conduct Standards for Boxing

18VAC120-40-230 Application for a license to conduct a boxing event

A. At least 30 days before the date of any boxing event in the Commonwealth, the licensed promoter desiring to conduct the event shall deliver an application for a license to conduct a boxing event to the department or its contractor. The application shall be on forms provided by the department and shall include:

The card of boxing contests to be exhibited, including the name of each boxer, the boxer's federal identification number, and the number of rounds each is scheduled to compete. The promoter may modify the card at any time up to the day of the event by providing the required documents for the additions to and notice of the deletions from the card which accompanied the application;
Verification of all scheduled boxers' fight records;
The date, location, and time of the event for which a license is sought. The department will consider the size and configuration of the location and may deny approval of the event license for safety reasons;
Evidence that all boxers scheduled to compete are covered by a health insurance policy that covers medical expenses for injuries incurred during the boxing event, has a minimum of coverage of $50,000 and an accidental death insurance benefit coverage in a minimum amount of $50,000, and meets all requirements specified in 15 USC § 6304;
Evidence of a surety bond filed with the department or its contractor conditioned on the payment of gate fees and penalties imposed by Chapter 8.1 (§ 54.1-828 et seq.) of Title 54.1 of the Code of Virginia and on the fulfillment of contracts made with boxers. The bond shall be in form and substance satisfactory to the department and in an amount equal to the sum of (i) the total gate fee required by this chapter and § 54.1-833 A of the Code of Virginia if all seats were to be sold and (ii) the total amount due to all boxers for their appearance in the event. The bond shall not exceed $100,000 and shall be executed by a surety authorized to do business in the Commonwealth;
Acknowledgment that the boxing promoter will provide a copy of the contract between the promoter and each licensed boxer at weigh-in;
A copy of each contract by the promoter for the sale of rights to distribute in any manner such event by any video, telephonic, or other communication method involving the control of electrons or other charge carriers;
A statement that the applicant has read and understands this chapter and will conduct the event in full compliance with same; and
Verification of status as a charity event as defined in this chapter.

B. In no case shall the applicant for an event license announce or advertise, either directly or indirectly, the event to the public until the department has approved the application and issued the event license.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 15, Issue 21, eff. August 5, 1999; amended, Virginia Register Volume 19, Issue 23, eff. August 27, 2003; Volume 23, Issue 24, eff. September 5, 2007.

18VAC120-40-240 Equipment to be provided by boxing promoters

The promoter shall assure that each event shall have the following:

A fighting ring, which shall be in the shape of a square, a hexagon, or an octagon. A square ring shall not be less than 18 feet square inside the ropes and shall not exceed 20 feet square inside the ropes. A hexagon or octagon ring shall not be less than 18 feet (from any side to the opposite side) inside the ropes and shall not exceed 32 feet (from any side to the opposite side) inside the ropes.

The ring floor shall be padded with ensolite one inch thick or another similar closed-cell foam. The padded ring floor must extend at least 18 inches beyond the ring ropes and over the edge of the platform with a top covering of canvas or similar material tightly stretched and laced to the ring platform. Material that tends to gather in lumps or ridges or material with a slick covering shall not be used.

The ring platform shall not be more than five feet above the floor of the building and shall have suitable steps for use by boxers in their corners and by the ringside physician in a neutral corner.

Ring posts shall be of metal, not more than three inches in diameter, extending from the floor of the building to a height of 58 inches above the ring floor. The ring posts must be at least 18 inches away from the ropes.

There shall be four ring ropes not less than one inch in diameter, evenly spaced, with the bottom ring rope not less than 18 inches above the ring floor and the top ring rope not more than 52 inches above the ring floor. The ring ropes must be padded with a padding of closed cell padding of not less than 1/2 inch. Ropes are to be connected with soft rope ties six feet apart. All ring ropes are to be tight and approved by the department or its contractor.

All corners must be padded with approved pads. All turnbuckles are to be covered with a protective padding.

A ring stool and bucket shall be provided for each boxer's corner.

The ring shall have bright lights and light all four corners and middle of the ring equally. No lights shall shine into the face of the boxers or ringside judges; lights may only shine downward and not shine at any angle directly into the fighting ring area that may blind the boxers or judges.

The promoter shall provide a ringside restrictive barrier between the first row of ringside seats and the event official's area that will restrict the crowd from confronting either the boxers or event officials and will ensure that the boxers remain free from obstructions or distractions. The ringside barrier must be a minimum of eight feet from the outside edge of the ring.

A bell or gong located at the ring no higher than the floor level of the ring. The bell or gong must produce a clear tone easily heard by the boxers.
Locker rooms adequate in number and equipment to reasonably facilitate the boxer's activities before and after the contest. Separate locker rooms shall be provided when both male and female boxers are scheduled to compete. Locker rooms shall have restroom facilities available.
A fully equipped ambulance with a currently trained ambulance crew at the site of any boxing event for the entire duration of the event and any additional personnel or equipment required by 15 USC § 6304.
A notice to the nearest hospital and the persons in charge of its emergency room of the date, time, and location of the boxing event.
Boxing gloves of the proper weight that are set by weight classification by 18VAC120-40-295. Boxing gloves must have laces to secure proper fit. Gloves must have an attached thumb to the body of the glove. Gloves must be clean, free of cuts, have good laces, with no displacement or lumping of the padding material. Gloves used in world title fights shall be new and taken from the package just prior to issuing to the boxers. Gloves shall be inspected by the event inspector or his designee before each contest and those found defective shall be replaced before the contest begins. In all championship bouts, the boxers shall be gloved in the ring. A solution of 10% household bleach and water shall be used for cleansing of all gloves prior to and after each bout.
A sealed OTC pregnancy test kit, approved by the Food and Drug Administration, for each female boxer that will be given to the event inspector or his designee.
A clear plastic water bottle, a bucket containing ice, surgeon's adhesive tape and surgical gauze for each boxer.
A solution of one part bleach and nine parts water for disinfecting blood on the ring canvas or ropes shall be available ringside for use by staff stationed ringside to clean the ring canvas and ropes as needed.
The promoter shall provide each corner with biohazardous material bags and, after the event, shall discard all regulated medical waste in the proper manner in accordance with the Regulated Medical Waste Management Regulations (9VAC20-120) issued by the Virginia Waste Management Board and available from the Department of Environmental Quality.

History

Statutory Authority: § 54.1-831 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 21, eff. August 5, 1999; amended, Virginia Register Volume 19, Issue 23, eff. August 27, 2003; Volume 23, Issue 24, eff. September 5, 2007; Volume 25, Issue 15, eff. May 14, 2009.

18VAC120-40-250 Promoter to provide copy of contract with boxer at weigh-in; penalty for noncompliance; contents of contract

A. The promoter shall provide a copy of his contract with each boxer scheduled to compete in the event to the event inspector at the time of weigh-in.

B. Failure to provide a copy of the contract for a boxer at weigh-in shall result in the boxer's disqualification to compete in the event.

C. Each contract shall contain the name of the promoter, the name of the boxer, the amount of compensation to be paid to the boxer by the promoter, the date, time and location of the event, weigh-in and prefight physical and shall comply with the minimum provisions contained in the most current model contract developed by the Association of Boxing Commissions and contained in the federal Professional Boxing Safety Act of 1996 (15 USC § 6301 et seq.), as amended.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 15, Issue 21, eff. August 5, 1999; amended, Virginia Register Volume 19, Issue 23, eff. August 27, 2003; Volume 23, Issue 24, eff. September 5, 2007.

18VAC120-40-260 Equipment to be provided by boxing seconds

Each boxing second shall provide the following equipment for use at the event:

A solution approved by the Association of Boxing Commissions to stop hemorrhaging;
Scissors; and
One extra mouthpiece.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 15, Issue 21, eff. August 5, 1999; amended, Virginia Register Volume 19, Issue 23, eff. August 27, 2003; Volume 23, Issue 24, eff. September 5, 2007.

18VAC120-40-270 Equipment to be provided by each boxer

Each boxer shall provide the following equipment:

Boxing trunks for male boxers, and boxing trunks and tight upper body covering for female boxers;
Approved groin protector for male boxers and approved pelvic girdle and a padded sports bra for female boxers;
A mouth piece properly fitted to each boxer's mouth; and
Boxing shoes.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 15, Issue 21, eff. August 5, 1999; amended, Virginia Register Volume 23, Issue 24, eff. September 5, 2007.

18VAC120-40-280 Contest approval; request for reconsideration

A. The department or its contractor shall obtain information on each boxer from a boxer registry and examine that information for records,experience, and consecutive losses. Boxers with 10 or more consecutive losses must obtain a special exception before being placed on the fight card. The results of the prefight physical and any other pertinent information available, including the boxing severity index, will be used to determine, to the extent possible, that both boxers are substantially equal in skill and ability and are medically fit to compete. No contest shall take place without the approval of the department or its contractor and the ringside physician assigned to the event by the department or its contractor.

B. Each boxer must possess a current personal identification number as required by 15 USC § 6305.

C. No boxer shall participate in a boxing contest who has:

Been knocked out in the 60 days immediately preceding the date of the contest;
Been technically knocked out in the 30 days preceding the date of the contest;
Been a contestant in a boxing bout of more than six rounds during the 15 days preceding the date of the contest or six or fewer rounds during the seven days preceding the date of the contest;
Suffered a cerebral hemorrhage;
Suffered a serious head injury or other serious physical injury. The department or its contractor may require an additional, specific medical examination to determine the boxer's suitability;
Been found to be blind in one eye or whose vision in one eye is so poor that a physician recommends the boxer not participate in the contest. A boxer who is totally unsighted (uncorrected vision worse than 20/400) in one or both eyes shall be prohibited from competing; or
Been denied a license or approval to fight by another jurisdiction for medical reasons.

D. No boxer shall participate in a boxing contest while under a suspension from the boxing commission of another jurisdiction of the United States due to:

A recent knockout or series of consecutive losses;
An injury, requirement for a medical procedure, or physician denial of eligibility to compete;
Failure of a test for drugs or controlled substances; or
The use of false aliases or falsifying, or attempting to falsify, official identification cards or documents.

E. Any promoter or boxer may request a reconsideration by the director of the event inspector's decision by immediately providing in writing additional information or contradictory evidence concerning the boxer's skill, ability, or medical fitness.

F. A boxer who is suspended by a boxing commission of another jurisdiction of the United States may be allowed to compete if:

The boxer was suspended for a knockout, technical knockout, series of consecutive losses, an injury, a requirement of a medical procedure, or physician denial of certification and the time interval for knockouts and technical knockouts in subsection C of this section has been met and further proof of sufficiently improved medical or physical condition has been furnished;
The boxer was suspended for the failure of a drug test or the use of false aliases or falsifying, or attempting to falsify, official identification cards or documents and that a suspension was not, or is no longer, merited by the facts;
The boxer was suspended for any reason other than those mentioned in subdivisions 1 and 2 of this subsection and the department or the department's contractor notifies the suspending commission in writing and consults with the designated official of the suspending commission prior to the grant of approval for such boxer to participate in a boxing contest; or
The boxer was suspended for any reason other than those mentioned in subdivisions 1 and 2 of this subsection and the boxer's appeal to the Association of Boxing Commissions results in a determination that the suspension was without sufficient grounds, was for an improper purpose, or was not related to the health and safety of the boxer or the purposes of the federal Professional Boxing Safety Act of 1996 (15 USC § 6301 et seq.).

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 15, Issue 21, eff. August 5, 1999; amended, Virginia Register Volume 23, Issue 24, eff. September 5, 2007.

18VAC120-40-290 Boxing event conduct standards

A.Wrappingof each boxer's hands shall not exceedmore than one continuous winding of surgeon's adhesive tape around the wrist, not over 1-1/2 inches wide, placed directly on the hand to protect the part of the hand near the wrist. The tape may cover the hand but may not extend within 3/4 inch of the knuckles when the hand is clenched to make a fist. Soft surgical gauze, not over two inches wide, held in place by not more than six feet of surgeon's adhesive tape for each hand shall be used. Up to one 10-yard roll of surgical gauze may be used to complete the wrappings for each hand. Strips of tape may be used between the fingers to hold down the gauze, not to cover the knuckles. Gauze shall be adjusted in the locker room in the presence of the event inspector or his designee. Before putting on gloves the boxer shall present his wrapped hands for inspection by the event inspector or his designee.

B. Any boxer who has signed a contract to box on a promoter's program shall be subject to be called by the department to appear at any time to be weighed or to be examined by a physician designated by the department when the department has reason to believe the boxer may not be qualified or may not be medically sound to participate in the contest.

C. Each boxer who signs a contract to box on a promoter's program shall appear at a time and place designated by the department or its contractor to be weighed on department-approved scales in the presence of each other and a representative designated by the department. Boxers shall have all weights removed from their bodies before the weigh-in but may wear shorts in the case of males, and shorts and shirts in the case of females.

D. In accordance with 15 USC § 6304, each boxer shall be examined immediately before the contest by a ringside physician assigned to the event who certifies in writing on a form provided by the department whether the boxer is physically fit to safely compete. The original health certificate will be submitted to the event inspector or his designee. In addition, each female boxer shall take a pregnancy test in the presence of a female inspector, using the pregnancy kit required by subdivision 7 of 18VAC120-40-240 or provide the ringside physician with a negative pregnancy test result taken not more than 24 hours prior to the event. The inspector will give the results to the physician and the results will be noted on the physical form. If the physician's certification fails to certify that the boxer is physically fit to safely compete, the boxer shall not participate in the contest, and shall immediately be placed on suspension on the boxer registry. All boxers shall submit to a postfight physical if requested by the ringside physician or the department or its designee.

E. All boxing events shall be conducted in accordance with the rules set forth by the Association of Boxing Commissions. The department may use the Championship Rules adopted by the Association of Boxing Commissions in any championship fight.

F. Discretional use of petroleum jelly is permitted on the face, arms or any other part of the boxer's body. In the case of a cut, topical use of a solution approved by the Association of Boxing Commissions is permitted. All other solutions are prohibited.

G. Headgear is not permitted.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 15, Issue 21, eff. August 5, 1999; amended, Virginia Register Volume 19, Issue 23, eff. August 27, 2003; Volume 23, Issue 24, eff. September 5, 2007.

18VAC120-40-295 Weight classes and weigh-ins and prefight meeting

A. Weight classes are as follows:

| Weight Class | Weight in Lbs | Max Weight Spread | Glove sizes | | --- | --- | --- | --- | | Mini-Flyweight | 105 and below | 3 lbs | 8 oz | | Light-Flyweight | 105.1 - 108 | 3 lbs | 8 oz | | Flyweight | 108.1 - 112 | 3 lbs | 8 oz | | Junior Bantamweight | 112.1 - 115 | 3 lbs | 8 oz | | Bantamweight | 115.1 - 118 | 3 lbs | 8 oz | | Junior Featherweight | 118.1 - 122 | 4 lbs | 8 oz | | Featherweight | 122.1 - 126 | 4 lbs | 8 oz | | Junior Lightweight | 126.1 - 130 | 4 lbs | 8 oz | | Lightweight | 130.1 - 135 | 5 lbs | 8 oz | | Junior Welterweight | 135.1 - 140 | 5 lbs | 8 oz | | Welterweight | 140.1 - 147 | 7 lbs | 8 oz | | Super Welterweight | 147.1 - 154 | 7 lbs | 10 oz | | Middleweight | 154.1 - 160 | 7 lbs | 10 oz | | Super Middleweight | 160.1 - 168 | 7 lbs | 10 oz | | Light-Heavyweight | 168.1 - 175 | 7 lbs | 10 oz | | Cruiserweight | 175.1 - 200 | 12 lbs | 10 oz | | Heavyweight | 200.1 and up | No limit | 10 oz |

B. No boxer may engage in a contest without the approval of the department or the department's contractor if the difference in weight between the boxers exceeds the allowance shown in subsection A of this section.

C. If one of the two boxers in a contest is above or below the weights shown in subsection A of this section, both boxers shall wear the gloves of the higher weight.

D. Boxers shall be weighed within 24 hours prior to the scheduled event. Each boxer and second shall appear at a time and place designated by the promoter and approved by the department or the department's contractor to be weighed on scales approved by the department or the department's contractor in the presence of each other, the promoter or the promoter's representative, and a designee of the department or the department's contractor. Boxers shall have all weight removed from their bodies before the weigh-in but may wear shorts in the case of males, and shorts and shirts in the case of females. Once weigh-ins commence, the scales shall not be moved until weigh-ins are complete.

E. When weigh-ins occur within 24 hours, but not less than 12 hours prior to the event's scheduled start time, the boxer shall not exceed the weight specified in the contract with the promoter. If a boxer exceeds the weight specified in the contract, the boxer shall not compete unless the boxer:

Loses the weight exceeded in the contract at least 12 hours prior to the event's scheduled start time;
Loses all but two pounds of the weight exceeded in the contract at least 12 hours prior to the event's scheduled start time and loses the final two pounds at least six hours prior to the event's scheduled start time; or
Renegotiates the contract.

F. When weigh-ins occur less than 12 hours prior to an event's scheduled start time, the boxer shall not exceed the weight specified in the contract. No boxer shall be permitted to lose more than two pounds within 12 hours of a contest. If a boxer weighs more than two pounds over the weight specified in the contract, the boxer shall not compete unless the boxer:

Loses up to two pounds at least six hours prior to the event's scheduled start time; or
Renegotiates the contract.

G. The promoter is responsible for ensuring that all boxers and seconds are present at the prefight meeting. Any second who does not attend the prefight meeting will not be permitted in the corner of their boxer. All boxers will report to the event location and locker rooms at the specified time on the night of the event. Once the boxer reports to the event facility and to the locker room, the boxer will be disqualified if the boxer leaves the locker room before time for the bout or leaves the facility before the end of the bout.

History

Statutory Authority: § 54.1-831 of the Code of Virginia; 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 23, Issue 24, eff. September 5, 2007; amended, Virginia Register Volume 41, Issue 14, eff. May 1, 2025.

18VAC120-40-300 Access to boxer's locker rooms

On the day of a contest, only the following individuals are allowed in the locker room of a boxer:

The boxer's licensed manager;
The boxer's licensed trainers, seconds, or cut men;
The promoter or the promoter's representatives;
Any representative of the department or its contractor in the conduct of his official duties; and
Any representative of a law-enforcement agency of competent jurisdiction while discharging his official duties.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 15, Issue 21, eff. August 5, 1999; amended, Virginia Register Volume 23, Issue 24, eff. September 5, 2007.

18VAC120-40-310 Referee's instructions to boxers

The referee shall, before starting a contest, ascertain from each boxer the name of his chief second, and shall hold the chief second responsible for the conduct of the assistant seconds during the progress of the contest. The referee shall call boxers together before each bout for final instructions, at which time each boxer shall be accompanied by his chief second only.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 15, Issue 21, eff. August 5, 1999; amended, Virginia Register Volume 23, Issue 24, eff. September 5, 2007.

18VAC120-40-320 Number and conduct of seconds

A. Before a contest begins, the chief second and other seconds shall be identified for the officials. The corner shall present the boxer, ready to compete, when the event inspector calls the boxers to the ring and shall present the boxer, ready to box, when the referee calls the boxers to the center of the ring for final instructions.

B. No boxer may have more than three seconds, except that in a world title bout, the department or its contractor may authorize up to five seconds. Seconds must appear at the official weigh-in and prefight meeting at the time and place designated by the department or its contractor.

C. All seconds must keep their shoulders below the ring floor level during the bout. Seconds are prohibited from standing up or leaning on the edge of the ring, mat or floor or slapping the ring, mat or floor while the bout is in progress, or touching the ring ropes until the bell sounds to end the round. Seconds must keep coaching volume down while the bout is in progress and are prohibited from interfering with the officials in any physical or verbal way.

D. Only one of the seconds may be inside the ring ropes between rounds and shall not enter the ring until the bell signals the end of the round. During the rest period, the second may coach his boxer; treat cuts, abrasions or swelling; and provide water, ice, approved sport drinks, or other cooling-down techniques.

E. Any excessive or undue spraying or throwing of water on any boxer by a second between rounds is prohibited. Seconds are responsible for wiping up any fluids in their corners between rounds.

F. Seconds shall not enter the ring to assist or move a boxer who has been knocked down or injured until instructed to do so by the ringside physician. Seconds shall leave the ring at the sound of the timekeeper's warning that 10 seconds remain before the start of the next round, removing all buckets, stools and other equipment promptly.

G. Throwing in the towel is not permitted by any second. If a second enters the ring during the round, the boxer shall be disqualified by the referee. Only the referee can stop the bout.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 15, Issue 21, eff. August 5, 1999; amended, Virginia Register Volume 23, Issue 24, eff. September 5, 2007.

18VAC120-40-330 Length of contest and duration of round

No boxing contest shall be scheduled for less than four rounds or more than 10 rounds . Each round of boxing shall be three minutes in duration with a one-minute rest period between rounds, except that bouts between female boxers shall consist of two-minute rounds with a one-minute rest period between rounds. The department may permit 12 rounds in male bouts involving a state, regional, national or world title championship, or elimination box off.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 15, Issue 21, eff. August 5, 1999; amended, Virginia Register Volume 23, Issue 24, eff. September 5, 2007.

18VAC120-40-340 Determination of a knockdown, counting by referee during knockdowns and knockouts

A. It shall be ruled a knockdown when, as a result of a legal blow or series of legal blows, a boxer touches the floor with any part of the body other than his feet, or is being held up by the ropes, or is hanging on, through, or over the ropes without the ability to protect himself and cannot fall to the floor. A boxer who is knocked down shall receive a minimum count of eight seconds and a maximum count of 10 seconds. The referee shall begin his count when the boxer is down or is helpless on the ropes and after the opponent is in a neutral corner. The referee may stop the counting if the opponent fails to go to the neutral corner, and resume the count where he left off when the opponent returns to the neutral corner. If the boxer rises before the count of 10 is reached and goes back down immediately without being struck by his opponent, the referee shall resume the count where he left off.

B. A boxer who leaves the ring during a round for any reason shall have a count of 20 seconds to reenter the ring unassisted and cannot be touched while out of the ring by his second or others.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 15, Issue 21, eff. August 5, 1999; amended, Virginia Register Volume 23, Issue 24, eff. September 5, 2007.

18VAC120-40-342 Bout termination, knockout, technical knockout, medical suspensions

A. A referee may terminate the count and the bout at any point when he determines that the safety of a boxer is at risk. The ringside physician may terminate the bout when, after examination of the boxer and consultation with the referee, he determines that the safety of the boxer is at risk.]

B. When a boxer loses by way of knockout, is unable to rise by the count of 10 or, in the case of a boxer who has left the ring for any reason, before the count of 20, the department or its designee shall record in the records the letters KO (loss by knockout). A boxer losing by way of a knockout shall be placed on medical suspension by the department on the boxer registry and shall not participate in any boxing activity for a minimum period of 60 days.

C. When a cut is produced by a legal punch and the fight is stopped because of that cut, the injured boxer shall lose by technical knockout and the department or its designee shall record in the records the letters TKO (loss by technical knockout).

D. Any boxer losing by way of TKO resulting from head blows shall be placed on medical suspension by the department on the boxer registry and shall not participate in any boxing activity for a minimum of 30 days. Longer medical suspension periods may be issued for a knockout or technical knockout upon the advice of the ringside physician. The ringside physician may also request a medical suspension any time he believes it to be in the best interest of the safety of the boxer.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 23, Issue 24, eff. September 5, 2007.

18VAC120-40-350 Boxing fouls, duties of referee, and deduction of points

A. Any of the following acts committed by a boxer during a boxing contest shall constitute a foul:

Hitting below the navel or behind the ear.
Hitting an opponent who is down or is getting up after being down.
Holding an opponent with one hand and hitting with the other.
Holding or deliberately maintaining a clinch.
Wrestling or kicking.
Striking an opponent who is helpless as a result of previous blows and so supported by the ropes that he does not fall after being instructed by the referee to a neutral corner.
Butting with the head or shoulder or using the knee.
Hitting with the open glove, the butt of the hand, the wrist or the elbow, and all backhand blows.
Purposely going down without being hit.
Striking deliberately at that part of the body over the kidneys.
Using the rabbit punch (punch thrown to the back of the head and neck areas).
Jabbing the opponent's eyes with the thumb of the glove.
Using abusive language in the ring.
Engaging in any unsportsmanlike conduct including, but not limited to,a trick or other action which causes injury to an opponent.
Hitting on the break.
Hitting after the bell has sounded signaling the end of the round.
Hitting an opponent whose head is between or outside of the ropes.
Pushing an opponent about the ring or into the ropes.
Intentionally spitting out the mouthpiece.
Biting or spitting.
Not following referee's instructions.
Stepping on opponent.
Crouching below opponent's belt.
Leaving neutral corner.
Corner second shouting.

B. Referees are responsible for enforcing the rules of the contest and shall not permit fouls or other unfair practices which may cause an injury to a boxer. Referees shall warn each boxer who commits a foul during a boxing contest.

C. Any boxer who commits any foul after being warned by the referee may have points deducted by the referee or may lose the contest by disqualification by the referee.

D. Boxers who commit fouls or any other infraction may be penalized by the referee through the deduction of points from his score. The number of points to be deducted shall be determined by the referee based on his determination of the severity of the foul and its adverse effect on the opponent and shall be reported to the judges and both boxers as soon as practical. The points shall be deducted from the score of the round in which the fouls were committed.

E. The referee shall stop a contest when he determines that a foul has occurred and determine whether the fouled boxer is able to continue. The referee may order the contest suspended for a reasonable period of time, not to exceed five minutes, to allow the fouled boxer to recover if the referee determines the boxer's chance of winning has not been seriously jeopardized. The referee shall inform the event inspector or his designee of his determination that the foul was accidental.

F. The referee shall stop a contest when he determines that an injury resulting from an accidental foul is so severe as to adversely affect the fouled boxer's chances of winning. The contest shall be a draw if the accidental foul occurs during the first four rounds. The contest shall be determined by a tabulation of the scores of the completed rounds if the accidental foul occurs after the fourth round in a contest or more than four rounds.

G. The referee shall stop a contest when he determines that an injury resulting from an accidental foul has been aggravated by fair blows. The outcome of the contest shall be determined by scoring the completed rounds.

H. If a boxer commits an intentional foul in the ring and the foul causes an injury severe enough to terminate the bout immediately, the boxer causing the injury shall lose by disqualification. If an intentional foul causes an injury and the bout is allowed to continue, the referee will notify the event inspector and deduct two points from the boxer who caused the foul. Point deductions for intentional fouls are mandatory. If an intentional foul causes an injury and the injury results in the bout being stopped in a later round, the injured boxer will win by technical decision if he is ahead on the score cards or the bout will result in a technical draw if the injured boxer is behind or even on the score cards. If no action has occurred, the round should be scored as an even round. If the boxer injures himself while attempting to intentionally foul his opponent, the referee will not take any action in his favor, and the injury will be the same as one produced by a fair blow.

I. If the boxer conducts himself in an unsportsmanlike manner, the referee may stop the bout and disqualify the boxer.

J. If a boxer is injured by an accidental foul and the injury is severe enough for the referee to stop the bout immediately, the bout will result in a no decision if stopped before three completed rounds in bouts scheduled for four rounds. Rounds are complete when the bell rings signifying the end of the round. If a bout is scheduled for more than four rounds, the bout will result in a no decision if stopped before four completed rounds.

K. If the boxer is injured by an accidental foul that causes an injury severe enough for the referee to stop the bout immediately, the bout will result in a technical decision awarded to the boxer who is ahead on the score cards if the bout is stopped after three completed rounds in bouts scheduled for four rounds. If a bout is scheduled for more than four rounds and four rounds are completed, the bout will result in a technical decision, awarded to the boxer who is ahead on the score cards at the time the bout is stopped.

L. If a boxer is hit with an accidental low blow, he must be able to rise by the count of 10 and to continue after a reasonable amount of time not to exceed five minutes or he will lose the bout.

M. Disqualification for fouls to the body may occur if the fouls are flagrant or continual. The referee may order a deduction of points for any illegal blow to the body and may, at his discretion, give a rest period of up to five minutes for the injured boxer to recover. The referee may ask the ringside physician to examine the boxer before granting the rest period. If the referee rules the foul accidental and the injured boxer is unable to continue after the five minute rest period, the rules governing accidental fouls shall apply.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 15, Issue 21, eff. August 5, 1999; amended, Virginia Register Volume 19, Issue 23, eff. August 27, 2003; Volume 23, Issue 24, eff. September 5, 2007.

18VAC120-40-360 Scoring of boxing contest, decisions, and announcement of decisions

A. Each contest shall be scored by the judges approved and assigned by the department or its contractor. The referee will not score the contest. The scoring will be done on the 10 point must system. Judges will score each round based on clean punches (power versus quantity), effective aggressiveness, ring generalship, and defense. In a bout that is stopped in the middle of the round, the judges shall score all incomplete or partial rounds as if they were a complete round. Judges may deduct points for knockdowns only when they are called as such by the referee and for fouls when they are instructed to do so by the referee. Judges should avoid scoring a round even. At the end of each round, the score cards shall be presented to the event inspector or his designee who shall examine the score cards. The winner shall be the boxer who receives the highest score from the majority of the judges at the end of the contest. The contest is a draw if neither boxer scores so as to obtain a majority.

B. When the event inspector has examined the score cards and checked them for accuracy, he shall inform the ring announcer of the decision.

C. The department shall not change a decision rendered at the end of any boxing contest unless:

It is determined that there has been wrongful or illegal collusion affecting the result of the contest;
An error is found in the compilation of the scorecards resulting in the decision favoring the wrong boxer; or
The department determines through investigation that there was a violation of this chapter which adversely impacted on the fairness of the contest or the decision.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 15, Issue 21, eff. August 5, 1999; amended, Virginia Register Volume 23, Issue 24, eff. September 5, 2007.

18VAC120-40-370 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 15, Issue 21, eff. August 5, 1999; repealed, Virginia Register Volume 23, Issue 24, eff. September 5, 2007.

18VAC120-40-380 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 15, Issue 21, eff. August 5, 1999; amended, Virginia Register Volume 19, Issue 23, eff. August 27, 2003; repealed, Virginia Register Volume 23, Issue 24, eff. September 5, 2007.

18VAC120-40-385 Rules for elimination boxing contest only

This section governs elimination boxing contests only. To the extent any of the provisions of this section conflict with 18VAC120-40-230 through 18VAC120-40-410, the provisions of this section shall apply.

A boxer shall not be permitted to compete if he has a personal identification number as required by 15 USC § 6305.
A bout shall consist of three one-minute rounds with a one-minute rest period between rounds.
The standing eight count will be used. The three knockdown in any round rule will be in effect. If a fighter is knocked down four times in the bout, it shall be ruled as a technical knockout. No boxer shall be saved by the bell.
No boxer shall compete in more than five bouts in two days and three bouts in one day and must have a minimum rest period of 60 minutes between bouts.
No boxer shall be permitted to participate in any contest if he has been knocked out or technically knocked out within 60 days immediately preceding the contest.
No boxer shall be permitted to participate in an event within 30 days of his last event.
No boxer taking prescribed medication of any type shall be permitted to participate in any contest without approval from the ringside physician at the time of the physical. No boxer shall be permitted to participate who is under the influence of an illegal substance or who has consumed any type of alcoholic beverage within 24 hours of the scheduled contest. After the physical, a boxer shall be permitted to drink water only prior to the contest.
All boxers shall be required to wear headgear and have fitted mouth pieces during the bout. Male boxers shall wear an approved groin protector and female boxers shall wear an approved pelvic girdle and have a minimum requirement of a padded sports bra. The promoter is responsible for providing boxing gloves, groin protectors for males and pelvic girdles for females that shall be clean, free from cuts and with no displacements or lumping of padded material. Headgear shall meet minimum requirements set by USA Boxing. Dipped style, sparring and thin padded training/sparring headgear will not be allowed.
No bouts with a weight difference of more than 20 pounds shall approved with the exception of heavyweights (190 pounds and above) where this is no limit to weight differential.
All gloves used shall be a minimum of 16 ounces.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 23, Issue 24, eff. September 5, 2007.

18VAC120-40-390 Reporting the results of boxing contests

Not later than two business days after the conclusion of a boxing match, the department or its contractor shall report the results of such boxing match and any related ineligibility to compete in boxing contests to each boxer registry as required by the federal Professional Boxing Safety Act of 1996 (15 USC § 6301 et seq.), as amended.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 15, Issue 21, eff. August 5, 1999; amended, Virginia Register Volume 23, Issue 24, eff. September 5, 2007.

18VAC120-40-400 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 15, Issue 21, eff. August 5, 1999; amended, Virginia Register Volume 19, Issue 23, eff. August 27, 2003; repealed, Virginia Register Volume 23, Issue 24, eff. September 5, 2007.

18VAC120-40-410 Promoter to allow access to event and event facilities

A. The department may assign one or more representatives to each event to evaluate the contractor's performance or to assure compliance with Chapter 8.1 (§ 54.1-828 et seq.) of Title 54.1 of the Code of Virginia and this chapter.

B. All event officials and representatives of the department assigned to an event, whether to monitor the contractor's performance or for any other authorized purpose, shall be granted immediate access by the promoter and the promoter's representatives to the licensed event and to any area or portion of the event facilities.

C. The promoter is responsible for security of the locker room area and shall not permit access except as specified in 18VAC120-40-300.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 15, Issue 21, eff. August 5, 1999; amended, Virginia Register Volume 23, Issue 24, eff. September 5, 2007.

Part VIII Event Licensing and Conduct Standards for Kick Boxing and any Similar Contests

18VAC120-40-411 Application for a license to conduct a kick boxing event or similar contest

A. At least 30 days before the date of any kick boxing or similar contest in the Commonwealth, the licensed promoter desiring to conduct the event shall deliver an application for a license to conduct a kick boxing event or similar contest to the department or its contractor. The application shall be on forms provided by the department and shall include:

The card of the contest to be exhibited, including the name of each contestant and the number of rounds each is scheduled to compete. The promoter may modify the card at any time up to the day of the event by providing the required documents for the additions to and the notice of the deletions from the card that accompanied the application.
Verification of all scheduled contestants' fight records and location of the contestants last five fights.
The date, location, and time of the event for which a license is sought. The department will consider the size and configuration of the location and may deny approval of the event license for safety reasons.
Evidence that all contestants scheduled to compete are covered by a health insurance policy that covers expenses for injuries incurred during the event and has a minimum coverage of $50,000 and an accidental death insurance benefit coverage in the minimum amount of $50,000.
Evidence of a surety bond filed with the department or its contractor conditioned on the payment of gate fees and penalties imposed by Chapter 8.1 (§ 54.1-828 et seq.) of Title 54.1 of the Code of Virginia and on the fulfillment of the contracts made with the contestants. The bond shall be in form and substance satisfactory to the department and in an amount equal to the sum of (i) the total gate fee required by this chapter and § 54.1-833 A of the Code of Virginia if all seats were to be sold and (ii) the total amount due to all contestants for their appearance in the event. The bond shall not exceed $100,000 and shall be executed by a surety authorized to do business in the Commonwealth.
Acknowledgment that the promoter will provide a copy of the contract between the promoter and each of the contestants licensed at weigh-in.
A copy of each contract by the promoter for the sale of the rights to distribute in any manner such event by any video, telephonic, or other communication method involving the control of electrons or other charge carriers.
A statement that the applicant has read and understands this chapter and will conduct the event in full compliance with same.
Verification of status as a charity event as defined in this chapter.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 23, Issue 24, eff. September 5, 2007.

18VAC120-40-411.1 Equipment to be provided by promoters

The promoter shall assure that each event shall have the following:

A fighting ring that will be in the shape of a square, a hexagon, or an octagon. A square ring shall not be less than 18 feet square inside the ropes and shall not exceed 20 feet square inside the ropes. A hexagon or octagon ring shall not be less than 18 feet (from any side to the opposite side) inside the ropes and shall not exceed 32 feet (from any side to the opposite side) inside the ropes.

The ring floor shall be padded with ensolite one inch thick or another similar closed-cell foam. The padded ring floor must extend at least 18 inches beyond the ropes and over the edge of the platform with a top covering of canvas or other similar material tightly stretched and laced to the ring platform. Material that tends to gather in lumps or ridges shall not be used.

The ring platform shall not be more than five feet above the floor of the building and shall have suitable steps for use of the contestants in their corners and by the ringside physician in a neutral corner.

Ring posts shall be of metal, not more than three inches in diameter, extending from the floor of the building to a height of 58 inches above the ring floor. The ring posts shall be at least 18 inches away from the ring ropes.

There shall be four ring ropes, no more than one inch in diameter, evenly spaced, with the bottom ring rope not less than 18 inches above the ring floor and the top ring rope not more than 52 inches above the ring floor. The bottom ring rope must be padded with a padding of closed cell padding of not less than 1/2 inch (it is recommended that all ring roped be padded of the same thickness and material). Ropes are to be connected with soft rope ties six feet apart. All ring ropes are to be tight and approved.

All corners must be padded with approved pads. All turnbuckles are to be covered with a protective padding.

A ring stool and bucket shall be provided for each contestant's corner. The ring shall have bright lights and light all four corners and middle of the ring equally. No lights shall shine into the face of the contestants or ringside judges, lights may only shine downward and not shine at any angle directly into the fighting ring area that may blind the contestants or judges.

The promoter shall provide a ringside restrictive barrier between the first row of ringside seats and the event official's area that will prevent the crowd from confronting either the contestants or event officials. The ringside barrier must be a minimum of eight feet from the outside edge of the ring.

A bell or gong located at the ring no higher than the floor level of the ring. The bell or gong must produce a clear tone easily heard by the contestants.
Locker rooms adequate in number and equipment to reasonably facilitate the contestant's activities before and after the contest. Separate locker rooms shall be provided when both male and female contestants are scheduled to compete. Locker rooms shall have restroom facilities easily available.
A fully equipped ambulance with a currently trained ambulance crew at the site of any event for the entire duration of the event.
A notice to the nearest hospital and the persons in charge of its emergency room of the date, time, and location of event.
Gloves of the proper weight that are set by weight classification by rule. Gloves must have laces to secure proper fit. Gloves must have an attached thumb to the body of the glove. Gloves must be clean, free of cuts, and have good laces, with no displacement or lumping of padding material. Gloves used in world title fights shall be new and taken from the package just prior to issuing to the contestants. Gloves shall be inspected by the event inspector or his designee before each contest and those found defective shall be replaced before the contest.
A clear plastic water bottle, a bucket containing ice, surgeon's adhesive tape, and surgical gauze for each contestant.
A sealed over-the-counter pregnancy test kit, approved by the Food and Drug Administration, for each female boxer that will be given to the event inspector or his designee.
A solution of one part bleach and nine parts water for disinfecting blood on the ring canvas or ropes shall be available ringside for use by staff stationed ringside to clean the ring canvas and ropes as needed.
The promoter shall provide each corner with biohazardous material bags and, after the event, shall discard all regulated medical waste in the proper manner in accordance with the Regulated Medical Waste Management Regulations (9VAC20-120) issued by the Virginia Waste Management Board and available from the Department of Environmental Quality.

History

Statutory Authority: § 54.1-831 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 24, eff. September 5, 2007; amended, Virginia Register Volume 25, Issue 15, eff. May 14, 2009; Volume 32, Issue 25, eff. September 7, 2016.

18VAC120-40-411.2 Promoter to provide copy of contract with contestants at weigh-in; penalty for noncompliance; contents of contract

A. The promoter shall provide a copy of his contract with each contestant scheduled to compete in the event to the event inspector at the time of the weigh-in.

B. Failure to provide a copy of the contract for a contestant at the weigh-in shall result in the contestant's disqualification to compete in the event.

C. Each contract shall contain the name of the promoter, the name of the contestant, the amount of compensation to be paid to the contestant by the promoter, the date, time and location of the event, weigh-in, and prefight physical and shall comply with the minimum provisions contained in the most current model contract developed by the Association of Boxing Commissions and contained in the federal Professional Boxing Safety Act of 1996 (15 USC § 6301 et seq.).

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 23, Issue 24, eff. September 5, 2007.

18VAC120-40-411.3 Equipment to be provided by seconds

Each second shall provide the following equipment for use at the event:

A solution approved by the Association of Boxing Commissions to stop hemorrhaging;
Scissors; and
One extra mouthpiece.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 23, Issue 24, eff. September 5, 2007.

18VAC120-40-411.4 Equipment to be provided by each contestant

Each contestant shall provide the following equipment:

Trunks for male contestants (two pair shorts for mixed martial arts, one being tight fitting) or long pants if required and trunks with tight upper body covering for female contestants;
Approved groin protector for male contestants and approved pelvic girdle and a padded sports bra for female contestants;
A mouth piece properly fitted to each contestant's mouth;
Foot pads when required; and
Shin pads when required.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 23, Issue 24, eff. September 5, 2007.

18VAC120-40-411.5 Contest approval; request for reconsideration

A. The department or its contractor shall obtain information on each contestant from a martial arts registry and examine that information, for records, experience, and consecutive losses. Boxers or martial artists with 10 or more consecutive losses must obtain a special exception before being placed on the fight card. The results of the prefight physical, and any other pertinent information available including the boxing or martial arts severity index, will be used to determine, to the extent possible, that both contestants are substantially equal in skills and ability and are medically fit to compete. No contest shall take place without the approval of the event inspector and the ringside physician assigned to the event by the department or its contractor.

B. No contestant shall participate in a contest who has:

Been knocked out in the 60 days immediately preceding the date of the contest;
Been technically knocked out in the 30 days preceding the date of the contest;
Been a contestant in a boxing, kick boxing, or martial arts event of more than six rounds during the 15 days preceding the date of the contest or six or fewer rounds during the seven days preceding the date of the contest;
Suffered a cerebral hemorrhage;
Suffered a serious head injury or other serious physical injury. The department or its contractor may require an additional, specific medical examination to determine the contestant's suitability;
Been found to be blind in one eye or whose vision in one eye is so poor that a physician recommends the contestant not participate in the contest. A boxer or martial artist who is totally unsighted (uncorrected vision worse that 20/400) in one or both eyes shall be prohibited from competing; or
Been denied a license or approval to fight by another jurisdiction for medical reasons.

C. No contestant shall participant in an event while under suspension from a commission of another jurisdiction of the United States due to:

A recent knockout or series of consecutive losses;
An injury, requirement for a medical procedure, or physician denial of eligibility to compete;
Failure of a test for drugs or controlled substances; or
The use of false aliases or falsifying, or attempting to falsify, official identification cards or documents.

D. Any promoter or contestant may request reconsideration by the director of the event inspector's decision by immediately providing in writing additional information or contradictory evidence concerning the contestant's skill, ability, or medical fitness.

E. A contestant who is suspended by a commission of another jurisdiction of the United States may be allowed to compete if:

The contestant was suspended for a knockout, technical knockout, series of consecutive loses, an injury, a requirement of a medical procedure, or physician denial of certification and the time interval for knockouts and technical knockouts in subsection B of this section has been met and further proof of sufficiently improved medical or physical condition has been furnished;
The contestant was suspended for the failure of a drug test or the use of false aliases or falsifying, or attempting to falsify, official identification cards or documents and that a suspension was not, or is no longer, merited by the facts; or
The contestant was suspended for any reason other than those mentioned in subdivisions 1 and 2 of this subsection and the department or the department's contractor notifies the suspending commission in writing and consults with the designated official of the suspending commission prior to the grant of approval for such contestant to participate in a contest.

History

Statutory Authority: § 54.1-831 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 24, eff. September 5, 2007; amended, Virginia Register Volume 32, Issue 25, eff. September 7, 2016.

18VAC120-40-411.6 Event conduct standards for kick boxing and other similar contests

A. Bandaging of each contestant's hands shall not exceed one roll of surgeon's adhesive tape, not over 1-1/2 inches wide, placed directly on the hand to protect the part of the hand near the wrist. The tape may cover the hand but not extend within 3/4 inch of the knuckles when the hand is clenched to make a fist. Soft surgical bandage, not over two inches wide, held in place by not more than six feet of surgeon's adhesive tape for each hand shall be used. Up to one 10-yard roll of bandage may be used to complete the wrappings for each hand. Strips of tape may be used between the fingers to hold down the bandages, not to cover the knuckles. Bandages shall be adjusted in the locker room in the presence of the event inspector or his designee.

B. Any contestant who has signed a contract to compete on a promoter's program shall be subject to be called by the department to appear at any time to be weighed or to be examined by a physician designated by the department when the department has reason to believe the contestant may not be qualified or may not be medically sound to participate in the contest.

C. Each contestant who signs a contract to compete on a promoter's program shall appear at a time and place designated by the department or its contractor to be weighed on department-approved scales in the presence of each other and a representative designated by the department. Contestants shall have all weights removed from their bodies before the weigh-in but may wear shorts in the case of males, and shorts and shirts in the case of females.

D. Each contestant shall be examined immediately before the contest by a ringside physician assigned to the event who certifies in writing on a form provided by the department whether the contestant is physically fit to safely compete. The original health certificate will be submitted to the event inspector or his designee. In addition, each female contestant shall take a pregnancy test in the presence of a female inspector, using the pregnancy kit required by subdivision 8 of 18VAC120-40-411.1 or provide the ringside physician with a negative pregnancy test result taken not more than 24 hours prior to the event. The inspector will give the results to the physician and the results will be noted on the physical form. If the physician's certification fails to certify that the contestant is physically fit to safely compete, the contestant shall not participate in the contests. All contestants shall submit to a postfight physical if requested by the ringside physician or the department or its designee.

E. Discretional use of petroleum jelly is permitted on the face, arms or any other part of the body. In the case of a cut, topical use of a solution approved by the Association of Boxing commissions is permitted. All other solutions are prohibited.

F. Headgear is not permitted.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 23, Issue 24, eff. September 5, 2007.

18VAC120-40-411.7 Weight classes, weigh-ins and prefight meeting

A. Weight classes are as follows:

| Weight Class | Weight in Lbs | Weight in KG | Max Weight Spread | Glove sizes | | --- | --- | --- | --- | --- | | Atomweight | 112 & below | 50.9 & below | 3 lbs - 1.36kg | 8-10 oz | | Flyweight | 112.1 - 117 | 50.95 - 53.18 | 3 lbs - 1.36 kg | 8-10 oz | | Bantamweight | 117.1 - 122 | 53.22 - 55.45 | 4 lbs - 1.8 kg | 8-10 oz | | Featherweight | 122.1 - 127 | 55.50 - 57.72 | 4 lbs - 1.8 kg | 8-10 oz | | Lightweight | 127.1 - 132 | 57.77 - 60 | 4 lbs - 1.8 kg | 8-10 oz | | Super Lightweight | 132.1 - 137 | 60.04 - 62.27 | 5 lbs - 2.3 kg | 8-10 oz | | Light Welterweight | 137.1 - 142 | 62.31 - 64.51 | 5 lbs - 2.3 kg | 8-10 oz | | Welterweight | 142.1 - 147 | 64.59 - 66.8 | 7 lbs - 3.2 kg | 8-10 oz | | Super Welterweight | 147.1 - 153 | 66.9 - 69.5 | 7 lbs - 3.2 kg | 10 oz | | Light Middleweight | 153.1 - 159 | 69.6 - 72.3 | 7 lbs - 3.2 kg | 10 oz | | Middleweight | 159.1 - 165 | 72.4 - 75 | 7 lbs - 3.2 kg | 10 oz | | Super Middleweight | 165.1 - 172 | 75.1 - 78.2 | 7 lbs - 3.2 kg | 10 oz | | Light Heavyweight | 172.1 - 179 | 78.3 - 81.4 | 7 lbs - 3.2 kg | 10 oz | | Light Cruiserweight | 179.1 - 186 | 81.5 - 84.5 | 7 lbs - 3.2 kg | 10 oz | | Cruiserweight | 186.1 - 195 | 84.6 - 88.6 | 12 lbs - 5.5 kg | 10 oz | | Heavyweight | 195.1 - 215 | 88.7 - 97.7 | 20 lbs - 9.1 kg | 10 oz | | Super Heavyweight | 215.1 and up | 97.8 and up | No limit | 10 oz |

B. No contestant may engage in a contest without the approval of the department or its contractor if the difference in weight between the contestants exceeds the allowance in subsection A of this section.

C. If one of the two contestants in a contest is above or below the weights shown in subsection A of this section, both contestants shall wear the gloves of the higher weight.

D. When weigh-ins occur within 24 hours, but not less than 12 hours prior to the event's scheduled start time, the contestant shall not exceed the weight specified in his contract with the promoter. If a contestant exceeds the weight specified in the contract he shall not compete unless he:

Loses the weight exceeded in the contract at least 12 hours prior to the event's scheduled start time;
Loses all but two pounds of the weight exceeded in the contract at least 12 hours prior to the event's scheduled start time and loses the final two pounds at least six hours prior to the event's scheduled start time; or
Renegotiates the contract.

Contestants who weigh-in 24 hours prior to the scheduled event shall be required to re-weigh two hours prior to the event's scheduled start time and will not be permitted to exceed the weight specified in the contract by more than 10 pounds.

E. When weigh-ins occur less than 12 hours prior to an event's scheduled start time, the contestant shall not exceed the weight specified in the contract. No contestant shall be permitted to lose more than two pounds within 12 hours of a contest. If a contestant weighs more than two pounds over the weight specified in the contract, he shall not compete unless he:

Loses up to two pounds at least six hours prior to the event's scheduled start time; or
Renegotiates his contract.

F. All contestants and their seconds must be present at the official weigh-in. The time, date, and location of the weigh-in will be approved by the department. Contestants will be allowed to witness their opponent's weigh-in. All contestants and their seconds must be present at the prefight meeting. Any second who does not attend the prefight meeting will not be permitted in the corner of their contestant.

G. All contestants will report to the event location and their locker rooms at the specified time on the night of the event. Once the contestant reports to the event facility and to the locker room he will be disqualified if he leaves the locker room before time for the bout or leaves the facility before the end of the bout.

History

Statutory Authority: § 54.1-831 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 23, Issue 24, eff. September 5, 2007; amended, Virginia Register Volume 32, Issue 25, eff. September 7, 2016.

18VAC120-40-411.8 Access to contestant's locker rooms

On the day of the contest, only the following individuals are allowed in the locker room of a contestant:

The contestant's licensed manager;
The contestant's licensed trainers, seconds, or cut men;
The promoter or the promoter's representatives;
Any representative of the department or its contractor in the conduct of his official duties; and
Any representative of a law-enforcement agency of competent jurisdiction while discharging his official duties.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 23, Issue 24, eff. September 5, 2007.

18VAC120-40-411.9 Referee's instructions to contestants

The referee shall, before starting the contest, ascertain from each contestant the name of his chief second, and shall hold the chief second responsible for the conduct of the assistant seconds during the progress of the contest. The referee shall call contestants together before each bout for final instructions, at which time each contestant shall be accompanied by his chief second only.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 23, Issue 24, eff. September 5, 2007.

18VAC120-40-411.10 Number and conduct of seconds

A. No contestant shall have more than three seconds.

B. All seconds must keep their shoulders below the ring floor level during the bout. Seconds are prohibited from standing up or leaning on the edge of the ring, mat or floor or slapping the ring, mat or floor while the bout is in progress, or touching the ring ropes until the bell sounds to end the round. Seconds must keep coaching volume down while the bout is in progress and are prohibited from negatively interfering with the officials in any physical or verbal way.

C. Only one second may be inside of the ring ropes between rounds.

D. Any excessive or undue spraying or throwing of water on any contestant by a second between rounds is prohibited. Seconds are responsible for wiping up any fluids in their corners between rounds.

E. Seconds shall not enter the ring until the bell signals the end of the round. Seconds shall leave the ring at the sound of the timekeeper's warning that 10 seconds remain before the start of the next round, removing all buckets, stools and other equipment promptly.

F. Seconds shall not use Monsol's solution, alcoholic beverages, stimulants, or other substances not approved by the department or its contractor during any contest.

G. Throwing in the towel is not permitted by any second. If a second enters the ring during the round, the contestant shall be disqualified by the referee. The referee is the only person who can stop the bout.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 23, Issue 24, eff. September 5, 2007.

18VAC120-40-411.11 Length of contest and duration of round

In events where only kicks above the waist are allowed, the rounds shall be two minutes in length with a one-minute rest period between the rounds. In all other events the rounds shall be three minutes in length with a one-minute rest period between rounds. In mixed martial arts events, the rounds shall be five minutes in length with a one-minute rest period between rounds.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 23, Issue 24, eff. September 5, 2007.

18VAC120-40-411.12 Counting by referee during knockdowns and knockouts, determination of a knockdown

A. A contestant who is knocked from his feet by a blow (leg sweeps and tripping are not considered blows) from his opponent may receive a count of 10 seconds from the referee. The count shall begin when the contestant is down or helpless on the ropes and after the opponent is in a neutral corner. If the contestant is unable or unwilling to reenter the contest before the count of 10, the referee shall rule a knockout and the contestant's opponent shall win the contest.

B. The referee may, at his discretion, administer an eight count to a contestant who has been stunned, but who remains standing. The referee will direct the contestant's opponent to a neutral corner, then begin the count, examining the stunned contestant during the count. If, after completing the standing eight count, the referee determines the contestant is able to continue, the bout shall resume. If the referee determines the contestant is not able to continue, the referee will stop the contest and declare the contestant's opponent the winner by technical knockout.

C. The referee shall administer a mandatory eight count to a contestant who is knocked down.

D. A contestant who leaves the ring during a round for any reason shall have a count of up to 20 seconds to reenter the ring unassisted and cannot be touched while out of the ring by his second or others. If the contestant does not reenter the ring before the count of 20, the contestant's opponent shall win the contest.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 23, Issue 24, eff. September 5, 2007.

18VAC120-40-411.13 Fouls, duties of the referee, and deduction of points

A. The following are considered fouls:

Head butts.
Punches to the back of the head.
Striking to the spine area.
Slapping (striking with the lace side of the glove).
Spitting.
Biting.
Holding the opponent's head or arm and hitting, unless permitted by this chapter.
Knee strikes unless permitted by this chapter.
Strikes to the knees.
Elbow and forearm strikes unless permitted by this chapter.
Palm heel strikes.
Joint attacks.
Take downs, throwing or grappling unless permitted by this chapter.
Clubbing.
Strikes to the groin area.
Spinning sweeps (boot to boot sweeps are allowed as long as the user does not spin).
Karate chopping style strikes.
Striking the opponent while he has slipped or fallen to one knee or more.
Using abusive language.
Attacking on the break.
Striking after the bell that had indicated the end of the round.
Pushing or shoving unless permitted by this chapter.
Grabbing or holding onto an opponents leg, foot, or any other part of the body unless permitted by this chapter.
Spinning forearm or elbow. A spinning backhand is allowed. It must strike with the legal striking area of the glove. This portion is limited to the tapeline at the wrist to the end of the glove. It does not include either side of the glove or wrist.

B. Referees are responsible for enforcing the rules of the contest and shall not permit fouls or other unfair practices that may cause an injury to a contestant. Referees shall warn contestants who commit fouls during the contest.

C. If a contestant commits a foul in the ring, the referee shall have the discretion to determine the following:

Give the contestant who has fouled a warning.
Deduct one to three points from the contestant who committed the foul. The number of points to be deducted shall be determined by the referee based on his determination of the severity of the foul and its adverse effect on the opponent and shall be reported to the judges and both contestants as soon as practical. The points shall be deducted from the score of the round in which the fouls were committed.
Disqualify the contestant who committed the foul.

D. Any contestant who commits a foul after being warned by the referee may have points deducted by the referee or may lose the contest by disqualification by the referee.

E. The referee shall stop the contest when he determines that a foul has occurred and determine whether the fouled contestant is able to continue. The referee may order the contest suspended for a reasonable period of time to allow the fouled contestant to recover if the referee determines the contestant's chance of winning has not been seriously jeopardized.

F. The referee shall inform the event inspector or his designee of any accidental foul. The referee shall stop a contest when it is determined that an injury resulting from an accidental foul is so severe as to adversely affect the fouled contestant's chances of winning. Except as provided in subsection H of this section, the contest shall be a draw if the accidental foul occurs during the first four rounds of a bout scheduled for more than four rounds or before the half-way point of a bout scheduled for four rounds or less. The contest shall be determined by a tabulation of the scores of the completed rounds if after the fourth round of a bout scheduled for more than four rounds or after the middle of a bout scheduled for four rounds or less.

G. The referee shall stop a contest when it is determined that an injury resulting from an accidental foul has been aggravated by fair blows. The outcome of the contest shall be determined by scoring the completed rounds.

H. If the contestant who committed the foul knocks out or causes injury to his opponent and the opponent is unable to continue the bout, the referee will stop the bout. The judges' score cards will be totaled and the decision of the bout will be announced. If the foul is committed in the first round and the fouled contestant cannot continue, the contestant who fouled will be automatically disqualified.

I. If a contestant is injured from a foul and the bout continues but is later stopped in any round after the first round because of additional injury to the fouled area, the judges' score cards will be totaled. If the contestant who committed the foul is ahead on the score cards the bout will end in a technical draw. If the contestant who was fouled is ahead, he will be awarded a technical win.

J. If a contestant becomes injured by something other than a foul or legal strike and the injury occurs in the first round, the bout shall be stopped and declared a no contest. If the injury occurs in the second round or beyond the judges will be asked to score the portion of the round. All judges score cards will be collected and tallied. If the injured contestant is ahead on the score cards he will be awarded a technical draw. If the noninjured contestant is ahead on the score cards he will be awarded a technical knockout (TKO).

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 23, Issue 24, eff. September 5, 2007.

18VAC120-40-411.14 Scoring of contest, decisions and announcements of decisions

A. Each contest shall be scored by the judges assigned by the department or its contractor. At the end of each round, the score and the score cards shall be presented to the event inspector or his designee who shall examine the score cards. At the end of the contest, the winner shall be the contestant who receives the highest score of the majority of the judges except as provided in 18VAC120-40-411.13. The contest is a draw if neither contestant scores so as to obtain a majority.

B. When the event inspector has examined the score cards and checked them for accuracy, he will inform the ring announcer of the decision.

C. The department shall not change a decision rendered at the end of any contest unless:

It is determined that there has been wrongful or illegal collusion affecting the results of the contest;
An error is found in the compilation of the score cards that shows that the decision favored the wrong contestant; or
The department determines through investigation there was a violation of this chapter that adversely impacted on the fairness of the contest or decision.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 23, Issue 24, eff. September 5, 2007.

18VAC120-40-411.15 Promoter to allow access to event and facilities

C. The promoter is responsible for security of the locker room area and shall not permit access except as specified in 18VAC120-40-411.8.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 23, Issue 24, eff. September 5, 2007.

18VAC120-40-411.16 Full contact rules

A. All legal kicks and punches must be above the waist of each contestant.

B. Leg sweeps, boot to boot, to the inside and outside of the opponent's foot (not above the ankle) are permitted.

C. Foot pads are required and are to be supplied by each contestant. Foot pads must be secured to the foot with elastic strap and medical athletic tape and must cover both toes and heel. Laces must not be exposed.

D. Shin pads must be made of a soft material (dipped foam or cotton) and secured to the shin with elastic straps and medical athletic tape.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 23, Issue 24, eff. September 5, 2007.

18VAC120-40-411.17 International (low kick) rules

A. Along with legal kicks and punches above the waist, contestants may also kick to the legs, but not to the knee.

B. Leg sweeps, boot to boot, to the inside and outside of the contestant's foot (not above the ankle) are permitted.

C. Kicks may be made with the shin or foot.

D. Kicks to the inside and outside of the contestant's legs are permitted.

E. Direct sidekicks to the legs are not permitted.

F. Foot pads are not permitted. Shin pads may be worn but are not mandatory. If used, shin pads must be made of a soft material (dipped foam or cotton) and must be secured to the shin with elastic straps and medical athletic tape.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 23, Issue 24, eff. September 5, 2007.

18VAC120-40-411.18 Muay Thai (Thai boxing) rules

A. Along with legal kicks and punches above the waist, contestants may use legal kicks to the legs (not the knees) and elbows to legal target areas along with legal throws and take downs.

B. Use of knees and elbows is restricted to legal target areas below the neck. Use of knees and elbows to the head are permitted if prior approval by the department or its contractor is obtained.

C. Kneeing is permitted if one contestant is active within the clinch.

D. Kicks may be made with the shin or foot.

E. Kicks to the inside and outside of the fighter's leg are permitted.

F. Direct sidekicks to the legs are not permitted.

G. Contestants are permitted to catch their opponent's leg and take up to two steps. Contestants may strike anytime during the two steps, but must release the leg when they strike or by the end of the two steps.

H. Foot pads and shin pads are not permitted.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 23, Issue 24, eff. September 5, 2007.

18VAC120-40-411.19 San Shou (Sanda) rules

A. Along with legal kicks and punches above the waist, contestants may use legal kicks to the legs (not the knees) and elbows to legal target area. Use of knees and elbows is restricted to legal target areas below the neck. Use of knees and elbows to the head is permitted if prior approval by the department or its contractor is obtained.

B. Leg sweeps, boot to boot, to the inside and outside of the contestant's foot (not above the ankle) are permitted.

C. Kicks may be made with the shin or foot.

D. Kicks to the inside and outside of the contestant's leg are permitted.

E. Direct sidekicks to the legs are not permitted.

F. Contestants are permitted to catch their opponent's leg and take up to two steps. Contestants may strike anytime during the two steps, but must release the leg when they strike or by the end of the two steps.

G. Kneeing is permitted if one contestant is active within the clinch.

H. Clinching without kneeing is permitted for five seconds to execute a throw, sweep or takedown.

I. All types of Judo and wrestling throws are permitted, except spiking one's opponent directly on the head.

J. Foot pads and shin pads are not permitted.

K. Bouts contested on a platform without ropes must be approved by the department or its contractor 30 days prior to the event.

L. Contests shall be scored as follows:

Two areas will be scored, stand up and takedowns. Both are scored by the use of a clicker counter by each judge.

a. Stand up -- Each judge will award a contestant one point for every effective strike delivered, with the exception of kicks that are caught and effective counter or throw or sweep delivered.

b. Takedown -- After each throw, takedown or sweep, the referee will stop the action and determine if points are to be awarded. The referee will indicate points awarded by pointing to the contestant with one hand and raising his other hand indicating the number of points to be awarded. The referee will also announce the number of points. Each judge will record the number of points, by clicking the appropriate number on their clickers.

Referee awarded points.

a. Zero points are awarded if:

(1) A throw is attempted, but the other contestant pulls the thrower down with him and neither can show control;

(2) One contestant uses a falling technique to attack unsuccessfully; or

(3) One contestant uses a flying offensive technique with a deliberately falling technique, the latter one will not score.

b. One point is awarded if the contestant being thrown uses a throw "counter technique" and reverses the beginning thrower in regards to position of control or command. The contestant who ends up in the controlling or commanding position within a count of one after both contestants hit the floor shall receive the one point. If both contestants end up side to side no points shall be awarded.

c. Two points are awarded:

(1) For any knockdown from a strike (punch or kick) if the technique is clean and the standing contestant does not touch the ring floor and the fallen contestant is not given a standing eight count and rises off the mat quickly after the knockdown;

(2) For any basic throw that is not high altitude or of extreme skill or difficulty and the thrower remains standing; or

(3) If the contestant is forced to fall by the opponent's techniques, including the opponent deliberately falling while dodging defensively.

d. Three points are awarded:

(1) For any high altitude or explosive or extremely difficult throw;

(2) For any knockdown from a strike or any technique that requires the referee to give the contestant a standing eight count; or

(3) If the opponent is knocked down by a dropping sweep, which causes the opponent to come off his feet and land on his back (the sweepers hands may touch the floor).

Judges scoring. At the end of each round, each judge will write the total number of points for each contestant on the scorecard. At the end of each round, the event inspector or his designee will award the winning contestant one point and the loosing contestant zero points for that round. At the end of the bout, unless the bout was stopped prior to the end of the scheduled rounds by knockout, technical knockout, or disqualification, the contestant with the most rounds won will be declared the winner. If the bout ends in a decision, the winner is the contestant who wins the most rounds.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 23, Issue 24, eff. September 5, 2007.

18VAC120-40-411.20 Mixed martial arts rules

A. The fighting ring shall be in the shape of a square or an octagon. A square ring shall not be less than 18 feet square within the ropes and shall not exceed 20 feet square inside the ropes. An octagon ring shall not be less than 18 feet (from any side to the opposite side) inside the ropes and shall not exceed 32 feet (from any side to the opposite side) inside the ropes. It shall be canvas and padded in a manner approved by the department or its contractor. The fighting area shall not be more than four feet from the floor and shall have suitable steps or a ramp for use by the contestants. It may be enclosed by a fence made of material that will not permit a contestant to fall out or break through it onto the floor or in spectator area, including, but not limited to, vinyl coated chain link fencing. The fence shall provide two separate entries into the ring. All metal parts shall be covered and padded in a manner approved by the department or its contractor and shall not be abrasive to the contestants. Ring stools shall be of the type approved by the department or its contractor.

B. All contestants are required to wear a mouthpiece during competition. The mouthpiece shall be subject to examination and approval by the ringside physician. The round cannot begin without the mouthpiece in place. If the mouthpiece becomes involuntarily dislodged during competition, the referee shall call time and clean and reinsert the mouthpiece at the first opportune moment, without interfering with the immediate action.

C. Male contestants shall wear a groin protector of a type approved by the department or its contractor. Female contestants shall wear a chest protector during competition, of a type approved by the department or its contractor.

D. Gloves shall be new for all main events and in good condition or they must be replaced. All contestants shall wear either four, five, or six ounce gloves that are supplied by the promoter and approved by the department or contractor. Contestants may not supply their own gloves.

E. Each contestant shall wear two pair of shorts with the top pair being either mixed martial art shorts, biking shorts, or kick boxing shorts. The second pair shall be worn underneath. Gi's or shirts and shoes are prohibited during competition.

F. All contestants shall be cleanly shaven immediately prior to competition, except that a contestant may wear a closely cropped mustache. Hair shall be trimmed or tied back in such a manner as not to interfere with the vision of either contestant or cover any part of a contestant's face.

G. Each nonchampionship contest shall consist of three five-minute rounds with a one-minute rest period between rounds. Each championship contest shall consist of five five-minute rounds with a one-minute rest period between rounds.

H. The referee and ringside physician are the sole arbiters of a bout and are the only individuals authorized to enter the ring area at any time during competition or to stop a contest.

I. All bouts will be evaluated and scored by three judges. The 10 point must system will be the standard system of scoring a bout. Judges will evaluate mixed martial arts techniques, such as effective striking, effective grappling, control of the fighting area, and effective aggressiveness and defense. Scores will be weighted in the following order:

Effective striking, judged by determining the total number of legal heavy strikes landed by a contestant.
Effective grappling, judged by considering the amount of successful executions of a legal takedown or reversals. Factors considered will be take downs from standing position to mount position, passing the guard to mount position, and bottom position contestants using active, threatening guard.
Control of the fighting area, judged by determining who is dictating the pace and location and position of the bout. Factors considered will be countering a grappler's attempt at takedown by remaining standing and legally striking, taking down an opponent to force a ground fight, creating threatening submission attempts, passing the guard to achieve mount, and creating striking opportunities.
Effective aggressiveness and defense, judged by moving forward and landing a legal strike and avoiding being struck, taken down or reversed while countering with offensive attacks.

J. The following objective scoring criteria shall be utilized by the judges by the judges when scoring a round.

A round is to be scored as a 10-10 round when both contestants appear to be fighting evenly and neither contestant shows clear dominance in a round.
A round is to be scored as a 10-9 round when a contestant winning by a close margin lands the greater number of effective legal strikes, grappling and other maneuvers.
A round is to be scored as a 10-8 round when a contestant overwhelmingly dominates by striking or grappling in a round.
A round is to be scored as a 10-7 round when a contestant totally dominates by striking or grappling in a round.

K. Judges shall use a sliding scale and recognize the length of the time the contestants are either standing or on the ground as follows.

If the contestant spent a majority of a round on the canvas, the effective grappling is weighed first and effective striking second.
If the contestant spent a majority of a round standing, the effective striking is weighed first and effective grappling is second.
If a round ends with relatively even amount of standing and canvas fighting, striking and grappling are weighed equally.

L. The referee shall issue a single warning for the following infractions:

Holding or grabbing the fence or ropes;
Holding an opponent's shorts or gloves; or
The presence of more than one second on the fighting area perimeter.

If the prohibited conduct persists after a single warning, the infraction may result in a deduction of points or disqualification.

M. The referee shall deduct points for the following fouls:

Butting with the head;
Eye gouging of any kind;
Biting or spitting at an opponent;
Hair pulling;
Fish hooking;
Groin attacks of any kind;
Intentionally placing a finger in any opponent's orifice;
Downward pointing of elbows strikes;
Small joint manipulation;
Strikes to the spine or back of the head;
Heel kick to the kidneys;
Throat strikes of any kind;
Clawing, pinching, twisting the flesh or grabbing the clavicle;
Kicking the head of a grounded contestant;
Kneeing the head of a grounded contestant;
Stomping of a grounded contestant;
Use of abusive language in the ring;
Any unsportsmanlike conduct that causes an injury to the opponent;
Attacking an opponent on or during the break;
Attacking an opponent who is under the referee's care at that time;
Timidity (avoiding contact, or consistent dropping of the mouthpiece, or faking an injury);
Interference from a contestant's second or corner person;
Throwing an opponent out of the ring;
Flagrant disregard of the referee's instructions; or
Spiking an opponent to the canvas on his head or neck.

If a foul is committed, the referee shall call time, check the fouled contestant's condition and safety, assess the foul to the offending contestant, deduct points, and notify each corner's seconds, judges and the event inspector or his designee. Disqualification will occur after any combination of three fouls or after the referee determines that a foul was intentional and flagrant. Fouls will result in a point being deducted by the event inspector or designated scorekeeper from the offending contestant's score. Only the referee can assess a foul. If the referee does not call the foul, judges shall not make that assessment on their own and cannot factor such into their scoring calculations. A fouled contestant has five minutes to recuperate.

If a bottom contestant commits a foul, but the top contestant is not injured and he maintains his position, the match shall continue, so as not to jeopardize the top contestant's superior position at the time. The referee shall verbally notify the bottom contestant of the foul. When the round is over, the referee shall assess the foul and notify both corner's seconds, the judges and the event official or his designee. The referee may terminate a bout based on the severity of a foul.

N. If an injury sustained during competition as a result of a legal maneuver is severe enough to terminate a bout, the injured contestant loses by technical knockout. If an injury sustained during competition is a result of an intentional foul severe enough to terminate a bout, the contestant causing the injury loses by disqualification. If an injury is sustained during competition as a result of an intentional foul and the bout is allowed to continue, the referee shall deduct two points from the offending contestant and shall notify the event inspector or his designee. If an injury sustained during the competition as a result of an intentional foul causes the injured contestant to be unable to continue at a subsequent point in the contest, the injured contestant shall win by technical decision, if he is ahead on the scorecards. If the injured contestant is even or behind on the scorecards at the time the competition is stopped, the outcome of the bout shall be declared a technical draw.

If a contestant injures himself while attempting to foul the opponent, the referee shall not take any action in his favor, and the injury shall be treated in the same manner as an injury produced by a fair blow.

If an injury sustained during a bout as a result of an accidental foul is severe enough for the referee to stop the bout immediately, the bout shall result in a no contest if stopped before two rounds have been completed in a three round bout or before three rounds have been completed in a five round bout. If an injury sustained during a bout as a result of an accidental foul is severe enough for the referee to stop the bout immediately, the bout shall result in a technical decision awarded to the contestant who is ahead on the score cards at the time the bout is stopped only when the bout is stopped after two rounds of a three round bout or three rounds of a five round bout.

O. There will be no scoring of an incomplete round. However, if the referee penalizes either contestant, then the appropriate points shall be deducted when the event inspector or his representative calculates the final score.

P. Bouts may end in the following ways:

Submission by tap out – Contestant physically uses his hand to indicate that he no longer wishes to continue.
Verbal tap out – Contestant verbally announces to the referee that he does not wish to continue.
Technical knockout – Referee or ringside physician stops the bout when an injury as a result of a legal maneuver is severe enough to terminate a bout.
Knockout – Contestant fails to rise from the canvas before a count of 10.
Draws – Unanimous when all three judges score the bout a draw. Majority when two of the judges score the contest a draw. Split when all the judges score the bout differently and the score total results in a draw.
Disqualification – An injury sustained during the competition as result of an intentional foul is severe enough to terminate the contest.
Forfeit – A contestant fails to begin competition or prematurely ends the contest for reasons other than injury.
Technical draw – An injury sustained during the competition as a result of an intentional foul causes the injured contestant to be unable to continue and the injured contestant is even or behind on the score cards at the time of the stoppage.
Technical decision – The bout is prematurely stopped due to injury and a contestant is leading on the score cards.
No contest – When a contest is prematurely stopped due to accidental injury and a sufficient number of rounds have not been completed to render a decision by the score cards.

Q. Weight classes are as follows:

| Weight Class | Weight in Pounds | Max weight difference | | --- | --- | --- | | Flyweight | 125.9 and under | 5 lbs | | Bantamweight | 126 - 134.9 | 5 lbs | | Featherweight | 135 - 144.9 | 5 lbs | | Lightweight | 145 - 154.9 | 5 lbs | | Welterweight | 155 - 169.9 | 12 lbs | | Middleweight | 170 - 184.9 | 12 lbs | | Light Heavyweight | 185 - 204.9 | 12 lbs | | Heavyweight | 204 - 264.9 | 20 lbs | | Super Heavyweight | 265 and over | No limit |

No contestant may engage in a contest without the approval of the department or the department's representative if the difference in weight between the contestants exceeds the allowance shown on the above schedule.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 23, Issue 24, eff. September 5, 2007.

18VAC120-40-411.21 Rules for other contests

Rules for aikido, karate, judo, tae kwon do or similar contests shall be the mixed martial arts rules set forth in 18VAC120-40-411.20 or other rules submitted with the event application, approved by the department, and agreed to by all licensees participating in the event.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 23, Issue 24, eff. September 5, 2007.

Part IX Event Licensing and Conduct Standards for Wrestling

18VAC120-40-415 Application for a license to conduct a wrestling event

A. At least 30 days before the date of any wrestling event in the Commonwealth, the licensed promoter desiring to conduct the event shall deliver an application for a license to conduct a wrestling event to the department or its contractor. The application shall be on forms provided by the department and shall include:

The card of the wrestling show to be exhibited, including the name of each participant. The promoter may modify the card at any time up to the day of the event by providing the required documents for the additions to and the notice of the deletions from the card that accompanied the application;
A certification by the promoter that all participants are properly trained and competent to perform within the ring and ring area;
The date, location, and time of the event for which a license is sought. The department will consider the size and configuration of the location and may deny approval of the event license for safety reasons;
A statement certifying that all participants scheduled to compete are covered by a health insurance policy that covers medical expenses for injuries incurred during the wrestling event. A waiver of liability will be accepted in lieu of a health insurance policy.
Evidence of a surety bond filed with the department or its contractor conditioned on the payment of gate fees and penalties imposed by Chapter 8.1 (§ 54.1-828 et seq.) of Title 54.1 of the Code of Virginia and on the fulfillment of the contracts made with the participants. The bond shall be in form and substance satisfactory to the department and in an amount equal to the sum of (i) the total gate fee required by this chapter and § 54.1-833 A of the Code of Virginia if all seats were to be sold and (ii) the total amount due to all participants for their appearance in the event. The bond shall not exceed $100,000 and shall be executed by a surety authorized to do business in the Commonwealth;
Acknowledgment that the promoter will provide a copy of the contract between the promoter and each of the participants to the department or its contractor upon request;
A copy of each contract by the promoter for the sale of the rights to distribute in any manner such event by any video, telephonic, or other communication method involving the control of electrons or other charge carriers;
A statement that the applicant has read and understands this chapter and will conduct the event in full compliance with same; and
Verification of status as a charity event as defined in this chapter.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 23, Issue 24, eff. September 5, 2007.

18VAC120-40-415.1 Equipment to be provided by wrestling promoters

The promoter shall assure that each event shall have the following:

A fighting ring that will be in the shape of a square, a hexagon, or an octagon. A square ring shall not be less than 16 feet square within the ropes and shall not exceed 20 feet square inside the ropes. A hexagon or octagon ring shall not be less than 16 feet (from any side to the opposite side) inside the ropes and shall not exceed 32 feet (from any side to the opposite side) inside the ropes. The ring floor shall be padded with ensolite, one inch thick, or another similar closed-cell foam. The padded ring floor must extend at least 18 inches beyond the ropes and over the edge of the platform with a top covering of canvas or other similar material tightly stretched and laced to the ring platform. Material that tends to gather in lumps or ridges shall not be used. The ring platform shall not be more than five feet above the floor of the building and shall have suitable steps for use of the contestants in their corners. Ring posts shall be of metal, not more than three inches in diameter, extending from the floor of the building to a height of 58 inches above the ring floor. The ring posts shall be at least 18 inches away from the ring ropes. There shall be three or four ring ropes, no more than one inch in diameter, evenly spaced, with the bottom ring rope not less than 18 inches above the ring floor and the top ring rope not more than 52 inches above the ring floor. All ring ropes are to be tight and approved by the department or its contractor. All corners must be padded with approved pads. All turnbuckles are to be covered with a protective padding. The ring shall have bright lights and light all four corners and middle of the ring equally. No lights shall shine into the face of the participants, lights may only shine downward and not shine at any angle directly into the fighting ring area that may blind the participants. The promoter shall provide a ringside restrictive barrier between the first row of ringside seats and the ring area event official's area that will prevent the crowd from confronting the participants. The ringside barrier must be a minimum of six feet from the outside edge of the ring;
A bell or gong located at the ring no higher than the floor level of the ring. The bell or gong must produce a clear tone easily heard by the participants;
Locker rooms adequate in number and equipment to reasonably facilitate the participant's activities before and after the show. Separate locker rooms shall be provided when both male and female participants are scheduled to compete. Locker rooms shall have restroom facilities easily available;
A notice to the nearest hospital and the persons in charge of its emergency room of the date, time and location of event.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 23, Issue 24, eff. September 5, 2007.

18VAC120-40-415.2 Wrestling event conduct standards

A. Wrestling exhibitions shall be conducted inside the ring ropes or inside a securely barricaded area that prevents any direct contact between the participants and the audience.

B. Each match shall be conducted under the supervision of a referee who shall be currently licensed as a wrestler and who shall be responsible for the safety of the participants and spectators.

C. Neither the promoter or referee shall permit physically dangerous conduct or tactics by any participant.

D. Participants shall not intentionally cause a flow of blood or other bodily fluid from his body or any other participant's body during the course of the match. In the event a visible flow of blood or other bodily fluid from any participant occurs during the show, the referee shall immediately suspend the match until medical treatment can be obtained. If the flow of blood or other bodily fluid cannot be stopped, the match involving that participant shall not continue.

E. All participants will report to the event location and their locker rooms at the specified time. Once the participant reports to the event facility and to his locker room he will be disqualified if he leaves the staging area before the match or leaves the facility before the end of the bout without prior approval from the event inspector.

F. Promoters shall maintain peace, order and decency in the conduct of all participants and spectators.

G. Promoters must have, and maintain for review if needed, individual contracts on file for all their participants or shall report to the department, on a form provided by the department, within 24 hours of the completion of the event, any fees promised or received by the participants of that event.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 23, Issue 24, eff. September 5, 2007.

18VAC120-40-415.3 Promoter to allow access to event and facilities

C. The promoter is responsible for security of the locker room area and shall permit no person to enter the locker room area except for the promoter or his staff or representative, licensed participants, the event inspector or any individual the department may deem appropriate to ensure compliance with Chapter 8.1 (§ 54.1-828 et seq.) of Title 54.1 of the Code of Virginia and this chapter.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 23, Issue 24, eff. September 5, 2007.

Part X Gate Fees

18VAC120-40-420 Reporting, verification, and payment of gate fees

A. No person, except for members of a local police department or rescue squad on duty covering the event, officials, event staff, promoters and participants may be admitted to the event without a ticket.

B. Each ticket, except those for the working press, officials, employees, and official photographers, shall have the price, name of the promoter, date, and place of the event printed plainly on it.

C. No promoter shall sell a ticket at a price other than the price that appears on the ticket.

D. No promoter shall change a ticket price or the place or date of the event without the approval of the department.

E. Tickets of different prices shall be printed in different colors.

F. The promoter shall permit the inspector to check the number and location of ticket boxes at the gate, ensure that the ticket boxes are sealed and padlocked, and open the ticket boxes and count the tickets after the event.

G. Each ticket issued to the press shall be marked "press."

H. A maximum of 2.0% of the tickets to an event may be complimentary.

I. Each complimentary ticket shall be marked complimentary.

J. The promoter shall provide to the department, prior to the commencement of an event at which admission is charged, a manifest or report on the number, kind, and price of tickets printed for the contest.

K. Each ticket shall be separated from the stub when entering through the gate. No person shall occupy a seat without a stub.

L. Each promoter shall furnish to the department, within two weeks after the completion of each event, a written and verified report on the form provided by the department showing the number of tickets sold, unsold, and given away, the amount of the proceeds donated to a charitable organization that is tax exempt under § 501(c)(3) of the Internal Revenue Code, and the amount of gross proceeds thereof for such events originating in the Commonwealth. The report shall also include the total gross proceeds from the sale of rights to distribute in any manner such event by any video, telephonic, or other communication method involving the control of electrons or other charge carriers for such live events originating in the Commonwealth.

M. The promoter shall pay the department, within the same two-week period, a fee of (i) 5.0% of the first $100,000 of its total gross receipts and (ii) 2.5% of the remainder of its total gross proceeds. These fees shall not be reduced for portions of an event containing amateur matches as set forth in 18VAC120-40-10.

N. The department or its contractor may examine or cause to be audited the records and accounts of the promoter.

History

Statutory Authority: § 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.
Historical Notes: Derived from Virginia Register Volume 15, Issue 21, eff. August 5, 1999; amended, Virginia Register Volume 23, Issue 24, eff. September 5, 2007; Volume 42, Issue 5, eff. November 19, 2025.

Part XI Standards of Conduct and Performance

18VAC120-40-430 Grounds for disciplinary action by the department

A. The department shall have the authority to discipline a licensee through a fine, license suspension, or license revocation for the same reason it may deny licensure or renewal, and for the following reasons, as may be appropriate:

Violating or inducing another person to violate any provisions of the federal Professional Boxing Safety Act of 1996 (15 USC § 6301 et seq.), Chapters 1, 2, 3 or 8.1 of Title 54.1 of the Code of Virginia or of this chapter.
Using misrepresentation or fraud to obtain or attempt to obtain a license or event license.
Having a medical condition which makes participation in events a health hazard.
Altering a license issued by the department.
Having been convicted in any jurisdiction of any felony or of any non-marijuana misdemeanor involving lying, cheating, or stealing or of any non-marijuana misdemeanor for acts carried out while engaged in boxing, wrestling, or other athletic activities. Any plea of nolo contendere shall be considered a conviction for the purposes of this subsection. A certified copy of a final order, decree, or case decision by a court or regulatory agency with the lawful authority to issue such order, decree, or case decision shall be admissible as prima facie evidence of such conviction or discipline.
Having been the subject of disciplinary action taken by Virginia or another jurisdiction in connection with the participation in or promotion of professional athletic contests or activities, including monetary penalties, fines, suspension, revocation, or surrender of a license in connection with a disciplinary action.
Failing or refusing to appear when directed by the department or its contractor for the purposes of weighing or conducting a medical examination.
Failing to furnish a valid reason or a doctor's certificate to explain any failure to appear at an event in which an applicant or licensee agreed to participate by signing a contract.
Using unsportsmanlike conduct or other inappropriate behavior inconsistent with generally accepted methods of competition.
Failure to meet financial obligations that results in collection proceedings against the bond required by this chapter and § 54.1-833 A of the Code of Virginia.
Using profane or abusive language, during the event, including at the weigh-in and prefight meeting.
Threatening or inflicting bodily harm upon an official or members of the audience during an event.
Making allegations of illegal or improper conduct against officials that the licensee knows or should have known to be false.
Using alcohol, controlled substances, or stimulants in any part of the body prior to or during an event or being found to be under the influence of alcohol, controlled substances, or stimulants during an event.
Failing to submit to a urinalysis or chemical test before or after an event upon request of the department or its designee.
Failing to fulfill contracts for participation in an event.
Wearing facial cosmetics or jewelry of any kind, including any type of body piercing by any participants during a contest, except that wrestlers may wear cosmetics or jewelry unless the event official determines there is a safety risk.
Failing to secure hair with soft, nonabrasive materials during a contest, when deemed appropriate by the department or its contractor.
Allowing a license, certificate, or registration to be used by another.

B. The department shall conduct disciplinary procedures in accordance with the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: § 54.1-831 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 21, eff. August 5, 1999; amended, Virginia Register Volume 19, Issue 23, eff. August 27, 2003; Volume 23, Issue 24, eff. September 5, 2007; Volume 38, Issue 4, eff. December 1, 2021.

Agency 125 Board of Psychology

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

18VAC125-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Board of Psychology. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

18VAC125-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Board of Psychology, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

Part II Notification of Interested Persons

18VAC125-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

18VAC125-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 18VAC125-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

Part III Public Participation Procedures

18VAC125-11-50 Public comment

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008; amended, Virginia Register Volume 33, Issue 7, eff. January 12, 2017.

18VAC125-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

18VAC125-11-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

18VAC125-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

18VAC125-11-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

18VAC125-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

18VAC125-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

Chapter 20 Regulations Governing the Practice of Psychology

Part I General Provisions

18VAC125-20-10 Definitions

The following words and terms, in addition to the words and terms defined in §§ 54.1-3600 and 54.1-3606.2 of the Code of Virginia, when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"APA" means the American Psychological Association.

"APPIC" means the Association of Psychology Postdoctoral and Internship Centers.

"ASPPB" means the Association of State and Provincial Psychology Boards.

"Board" means the Virginia Board of Psychology.

"CAEP" means Council for the Accreditation of Educator Preparation.

"Compact" means the Psychology Interjurisdictional Compact.

"Conversion therapy" means any practice or treatment as defined in § 54.1-2409.5 A of the Code of Virginia.

"CPA" means Canadian Psychological Association.

"E.Passport" means a certificate issued by ASPPB that authorizes telepsychology services in a compact state.

"Face-to-face" means in person.

"Internship" means an ongoing, supervised, and organized practical experience obtained in an integrated training program identified as a psychology internship. Other supervised experience or on-the-job training does not constitute an internship.

"IPC" means an interjurisdictional practice certificate issued by ASPPB that grants temporary authority to practice in a compact state.

"NASP" means the National Association of School Psychologists.

"Practicum" means the pre-internship clinical experience that is part of a graduate educational program.

"Practicum student" means an individual who is enrolled in a professional psychology program and is receiving pre-internship training and seeing clients.

"Professional psychology program" means an integrated program of doctoral study in clinical or counseling psychology or a master's degree or higher program in school psychology designed to train professional psychologists to deliver services in psychology.

"Regional accrediting agency" means one of the six regional accrediting agencies recognized by the U.S. Secretary of Education established to accredit senior institutions of higher education.

"Residency" means a post-internship, post-terminal degree, supervised experience approved by the board.

"Resident" means an individual who has received a doctoral degree in a clinical or counseling psychology program or a master's degree or higher in school psychology and is completing a board-approved residency.

"School psychologist-limited" means a person licensed pursuant to § 54.1-3606 of the Code of Virginia to provide school psychology services solely in public school divisions.

"Supervision" means the ongoing process performed by a supervisor who monitors the performance of the person supervised and provides regular, documented individual consultation, guidance, and instruction with respect to the skills and competencies of the person supervised.

"Supervisor" means an individual who assumes responsibility for the education and training activities of a person under supervision and for the care of such person's clients and who provides supervision consistent with the training and experience of both the supervisor and the person under supervision and with the type of services being provided.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3605 of the Code of Virginia.
Historical Notes: Derived from VR565-01-2 § 1.1, eff. June 22, 1988; amended, Virginia Register Volume 7, Issue 10, eff. March 13, 1991; Volume 9, Issue 7, eff. January 27, 1993; Volume 10, Issue 7, eff. January 27, 1994; Volume 13, Issue 21, eff. August 6, 1997; Volume 16, Issue 2, eff. November 10, 1999; Volume 17, Issue 12, eff. March 28, 2001; Volume 28, Issue 19, eff. June 20, 2012; Volume 37, Issue 20, eff. June 23, 2021; Volume 37, Issue 24, eff. August 18, 2021; Volume 39, Issue 7, eff. December 21, 2022; Volume 41, Issue 7, eff. January 2, 2025.

18VAC125-20-20 (Repealed.)

Historical Notes

Derived from VR565-01-2 § 1.2, eff. June 22, 1988; amended, Virginia Register Volume 7, Issue 10, eff. March 13, 1991; Volume 9, Issue 7, eff. January 27, 1993; Volume 10, Issue 7, eff. January 27, 1994; repealed, Virginia Register Volume 13, Issue 21, eff. August 6, 1997.

18VAC125-20-30 Fees required by the board

A. The board has established fees for the following:

| | Applied psychologists, Clinical psychologists, School psychologists | School psychologists-limited | Psychological practitioners | | --- | --- | --- | --- | | 1. Registration of residency (per residency request) | $50 | -- | -- | | 2. Add or change supervisor | $25 | -- | -- | | 3. Application processing and initial licensure | $200 | $85 | $200 | | 4. Annual renewal of active license | $140 | $70 | $140 | | 5. Annual renewal of inactive license | $70 | $35 | $70 | | 6. Late renewal | $50 | $25 | $25 | | 7. Verification of license to another jurisdiction | $25 | $25 | $25 | | 8. Duplicate license | $5 | $5 | $5 | | 9. Additional or replacement wall certificate | $15 | $15 | $15 | | 10. Handling fee for returned check or dishonored credit card or debit card | $50 | $50 | $50 | | 11. Reinstatement of a lapsed license | $270 | $125 | $270 | | 12. Reinstatement following revocation or suspension | $500 | $500 | $500 | | 13. Autonomous practice for psychological practitioners | -- | -- | $150 |

B. Fees shall be made payable to the Treasurer of Virginia and forwarded to the board. All fees are nonrefundable.

C. Between January 1, 2025, and December 31, 2026, the cost for application processing and initial licensure of psychological practitioners shall be $100.

History

Statutory Authority: §§ 54.1-2400, 54.1-3605, and 54.1-3606.3 of the Code of Virginia.
Historical Notes: Derived from VR565-01-2 § 1.3, eff. June 22, 1988; amended, Virginia Register Volume 7, Issue 10, eff. March 13, 1991; Volume 9, Issue 7, eff. January 27, 1993; Volume 10, Issue 7, eff. January 27, 1994; Volume 13, Issue 21, eff. August 6, 1997; Volume 14, Issue 11, eff. April 1, 1998; Volume 16, Issue 2, eff. November 10, 1999; Volume 16, Issue 13, eff. April 12, 2000; Volume 17, Issue 12, eff. March 28, 2001; Volume 17, Issue 18, eff. June 20, 2001; Volume 19, Issue 10, eff. February 26, 2003; Volume 22, Issue 11, eff. March 8, 2006; Volume 23, Issue 12, eff. March 21, 2007; Volume 26, Issue 14, eff. April 14, 2010; Volume 28, Issue 19, eff. June 20, 2012; Volume 29, Issue 25, eff. September 26, 2013; Volume 30, Issue 10, eff. February 12, 2014; Volume 32, Issue 9, eff. January 27, 2016; Volume 34, Issue 14, eff. April 4, 2018; Volume 36, Issue 8, eff. January 8, 2020; Volume 36, Issue 11, eff. March 5, 2020; Volume 41, Issue 7, eff. January 2, 2025; Volume 42, Issue 3, eff. November 1, 2025.

18VAC125-20-35 Change of name or address

Licensees or registrants shall notify the board in writing within 60 days of:

Any legal name change; or
Any change of address of record or of the licensee's or registrant's public address if different from the address of record.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3605 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 37, Issue 20, eff. June 23, 2021.

Part II Requirements for Licensure

18VAC125-20-40 General requirements for licensure

Individuals licensed in one licensure category who wish to practice in another licensure category shall submit an application for the additional licensure category in which the licensee seeks to practice.

History

Statutory Authority: §§ 54.1-103, 54.1-2400 and 54.1-3605 of the Code of Virginia.
Historical Notes: Derived from VR565-01-2 § 2.1, eff. June 22, 1988; amended, Virginia Register Volume 7, Issue 10, eff. March 13, 1991; Volume 9, Issue 7, eff. January 27, 1993; Volume 10, Issue 7, eff. January 27, 1994; Volume 13, Issue 21, eff. August 6, 1997; Volume 16, Issue 2, eff. November 10, 1999.

18VAC125-20-41 Requirements for licensure by examination

A. Every applicant for licensure by examination shall:

Meet the education requirements prescribed in 18VAC125-20-54, 18VAC125-20-55, 18VAC125-20-56, or 18VAC125-20-57 and the experience requirement prescribed in 18VAC125-20-65 as applicable for the particular license sought; and
Submit the following:

a. A completed application on forms provided by the board;

b. A completed residency agreement or documentation of having fulfilled the experience requirements of 18VAC125-20-65, if applicable;

c. The application processing fee prescribed by the board;

d. Official transcripts documenting the graduate work completed and the degree awarded; transcripts previously submitted for registration of supervision do not have to be resubmitted unless additional coursework was subsequently obtained. Applicants who are graduates of institutions that are not regionally accredited shall submit documentation from an accrediting agency acceptable to the board that the applicant's education meets the requirements set forth in 18VAC125-20-54, 18VAC125-20-55, 18VAC125-20-56, or 18VAC125-20-57;

e. A current report from the National Practitioner Data Bank; and

f. Verification of any other health or mental health professional license, certificate, or registration ever held in Virginia or another jurisdiction. The applicant shall not have surrendered a license, certificate, or registration while under investigation and shall have no unresolved action against a license, certificate, or registration.

B. In addition to fulfillment of the education and experience requirements, each applicant for licensure by examination as a clinical, school, or applied psychologist must achieve a passing score on all parts of the Examination for Professional Practice of Psychology required at the time the applicant took the examination.

C. Every applicant for licensure as a psychological practitioner shall achieve a passing score as determined by the board for master's degree level psychological practice on the academic portion of the Examination for Professional Practice of Psychology. Every licensed psychological practitioner applying for autonomous practice shall achieve a passing score as determined by the board for master's degree level psychological practice on the clinical portion of the Examination for Professional Practice of Psychology.

History

Statutory Authority: §§ 54.1-2400, 54.1-3605, and 54.1-3606.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 2, eff. November 10, 1999; amended, Virginia Register Volume 26, Issue 4, eff. November 25, 2009; Volume 28, Issue 19, eff. June 20, 2012; Volume 29, Issue 25, eff. September 26, 2013; Volume 37, Issue 20, eff. June 23, 2021; Volume 41, Issue 7, eff. January 2, 2025; Volume 42, Issue 3, eff. November 1, 2025.

18VAC125-20-42 Prerequisites for licensure by endorsement

Every applicant for licensure by endorsement for applied psychology, clinical psychology, or school psychology shall submit:

A completed application;
The application processing fee prescribed by the board;
An attestation of having read and agreed to comply with the current Standards of Practice and laws governing the practice of psychology in Virginia;
Verification of all other health and mental health professional licenses, certificates, or registrations ever held in Virginia or any jurisdiction of the United States or Canada. In order to qualify for endorsement, the applicant shall not have surrendered a license, certificate, or registration while under investigation and shall have no unresolved action against a license, certificate, or registration;
A current report from the National Practitioner Data Bank; and
Further documentation of one of the following:

a. A current credential issued by the National Register of Health Service Psychologists;

b. Current diplomate status in good standing with the American Board of Professional Psychology in a category comparable to the one in which licensure is sought;

c. A Certificate of Professional Qualification in Psychology (CPQ) issued by the Association of State and Provincial Psychology Boards;

d. Five years of active licensure in a category comparable to the one in which licensure is sought with at least 24 months of active practice within the last 60 months immediately preceding licensure application; or

e. If less than five years of active licensure or less than 24 months of active practice within the last 60 months, documentation of current psychologist licensure in good standing obtained by standards substantially equivalent to the education, experience, and examination requirements set forth in this chapter for the category in which licensure is sought as verified by a certified copy of the original application submitted directly from the out-of-state licensing agency or a copy of the regulations in effect at the time of initial licensure and the following: (i) verification of a passing score on all parts of the Examination for Professional Practice of Psychology that were required at the time of original licensure and (ii) official transcripts documenting the graduate work completed and the degree awarded in the category in which licensure is sought.

History

Statutory Authority: §§ 54.1-2400, 54.1-3605, and 54.1-3606.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 2, eff. November 10, 1999; amended, Virginia Register Volume 26, Issue 4, eff. November 25, 2009; Volume 28, Issue 19, eff. June 20, 2012; Volume 29, Issue 25, eff. September 26, 2013; Volume 31, Issue 20, eff. July 16, 2015; Volume 37, Issue 20, eff. June 23, 2021; Volume 41, Issue 7, eff. January 2, 2025; Volume 42, Issue 3, eff. November 1, 2025.

18VAC125-20-43 Requirements for licensure as a school psychologist-limited

A. Every applicant for licensure as a school psychologist-limited shall submit to the board:

A copy of a current license issued by the Board of Education showing an endorsement in psychology.
An official transcript showing completion of a master's degree in psychology.
A completed Employment Verification Form of current employment by a school system under the Virginia Department of Education.
The application fee.

B. At the time of licensure renewal, school psychologists-limited shall be required to submit an updated Employment Verification Form if there has been a change in school district in which the licensee is currently employed.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 17, Issue 12, eff. March 28, 2001; amended, Virginia Register Volume 28, Issue 19, eff. June 20, 2012.

18VAC125-20-50 (Repealed.)

Historical Notes

Derived from VR565-01-2 § 2.2, eff. June 22, 1988; amended, Virginia Register Volume 7, Issue 10, eff. March 13, 1991; Volume 9, Issue 7, eff. January 27, 1993; Volume 10, Issue 7, eff. January 27, 1994; Volume 13, Issue 21, eff. August 6, 1997; repealed, Virginia Register Volume 16, Issue 2, eff. November 10, 1999.

18VAC125-20-51 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 13, Issue 21, eff. August 6, 1997; repealed, Virginia Register Volume 16, Issue 2, eff. November 10, 1999.

18VAC125-20-54 Education requirements for clinical psychologists

A. Beginning June 23, 2028, an applicant shall hold a doctorate in clinical, counseling, or school psychology from a professional psychology program in a regionally accredited university that was accredited at the time the applicant graduated from the program by the APA, CPA, or an accrediting body acceptable to the board. Graduates of programs that are not within the United States or Canada shall provide documentation from an acceptable credential evaluation service that provides information verifying that the program is substantially equivalent to an APA-accredited program.

B. Prior to June 23, 2028, an applicant shall either hold a doctorate from an accredited program, as specified in subsection A of this section, or shall hold a doctorate from a professional psychology program that documents that the program offers education and training that prepares individuals for the practice of clinical psychology as defined in § 54.1-3600 of the Code of Virginia and meets the following criteria:

The program is within an institution of higher education accredited by an accrediting agency recognized by the U.S. Department of Education or publicly recognized by the Association of Universities and Colleges of Canada as a member in good standing. Graduates of programs that are not within the United States or Canada must provide documentation from an acceptable credential evaluation service that provides information that allows the board to determine if the program meets the requirements set forth in this chapter.
The program shall be recognizable as an organized entity within the institution.
The program shall be an integrated, organized sequence of study with an identifiable psychology faculty and a psychologist directly responsible for the program and shall have an identifiable body of students who are matriculated in that program for a degree. The faculty shall be accessible to students and provide them with guidance and supervision. The faculty shall provide appropriate professional role models and engage in actions that promote the student's acquisition of knowledge, skills, and competencies consistent with the program's training goals.
The program shall encompass a minimum of three academic years of full-time graduate study or the equivalent thereof.
The program shall include a general core curriculum containing a minimum of three or more graduate semester hours or five or more graduate quarter hours in each of the following substantive content areas:

a. Biological bases of behavior (e.g., physiological psychology, comparative psychology, neuropsychology, sensation and perception, health psychology, pharmacology, neuroanatomy).

b. Cognitive-affective bases of behavior (e.g., learning theory, cognition, motivation, emotion).

c. Social bases of behavior (e.g., social psychology, group processes, organizational and systems theory, community and preventive psychology, multicultural issues).

d. Psychological measurement.

e. Research methodology.

f. Techniques of data analysis.

g. Professional standards and ethics.

The program shall include a minimum of three or more graduate semester credit hours or five or more graduate quarter hours in each of the following clinical psychology content areas:

a. Individual differences in behavior (e.g., personality theory, cultural difference and diversity).

b. Human development (e.g., child, adolescent, geriatric psychology).

c. Dysfunctional behavior, abnormal behavior, or psychopathology.

d. Theories and methods of intellectual assessment and diagnosis.

e. Theories and methods of personality assessment and diagnosis, including its practical application.

f. Effective interventions and evaluating the efficacy of interventions.

C. Applicants shall submit documentation of having successfully completed practicum experiences involving assessment, diagnosis, and psychological interventions. The practicum experiences shall include a minimum of nine graduate semester hours or 15 or more graduate quarter hours or equivalent in appropriate settings to ensure a wide range of supervised training and educational experiences.

D. An applicant shall graduate from an educational program in clinical, counseling, or school psychology that includes an appropriate emphasis on and experience in the diagnosis and treatment of persons with moderate to severe mental disorders.

E. Candidates for clinical psychologist licensure shall have successfully completed an internship in a program that is either accredited by APA or CPA, is a member of APPIC or the Association of State and Provincial Psychology Boards/National Register of Health Service Psychologists, or that meets equivalent standards. If the internship was obtained in an educational program outside of the United States or Canada, a credentialing service approved by the board shall verify equivalency to an internship in an APA-accredited program.

F. An applicant for a clinical license may fulfill the residency requirement of 1,500 hours, or some part thereof, as required for licensure in 18VAC125-20-65, in the doctoral practicum supervised experience, which occurs prior to the internship, and that meets the following standards:

The supervised professional experience shall be part of an organized sequence of training within the applicant's doctoral program that meets the criteria specified in this section.
The supervised experience shall include face-to-face direct client services, service-related activities, and supporting activities.

a. "Face-to-face direct client services" means treatment or intervention, assessment, and interviewing of clients.

b. "Service-related activities" means scoring, reporting or treatment note writing, and consultation related to face-to-face direct services.

c. "Supporting activities" means time spent under supervision of face-to-face direct services and service-related activities provided on site or in the trainee's academic department, as well as didactic experiences, such as laboratories or seminars, directly related to such services or activities.

In order for pre-doctoral practicum hours to fulfill all or part of the residency requirement, the following shall apply:

a. Not less than one-quarter of the hours shall be spent in providing face-to-face direct client services;

b. Not less than one-half of the hours shall be in a combination of face-to-face direct service hours and hours spent in service-related activities; and

c. The remainder of the hours may be spent in a combination of face-to-face direct services, service-related activities, and supporting activities.

A minimum of one hour of individual face-to-face supervision shall be provided for every eight hours of supervised professional experience spent in direct client contact and service-related activities.
Two hours of group supervision with up to five practicum students may be substituted for one hour of individual supervision. In no case shall the hours of individual supervision be less than one-half of the total hours of supervision.
The hours of pre-doctoral supervised experience reported by an applicant shall be certified by the program's director of clinical training on a form provided by the board.
If the supervised experience hours completed in a series of practicum experiences do not total 1,500 hours or if a candidate is deficient in any of the categories of hours, a candidate shall fulfill the remainder of the hours by meeting requirements specified in 18VAC125-20-65.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3605 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 2, eff. November 10, 1999; amended, Virginia Register Volume 28, Issue 19, eff. June 20, 2012; Volume 29, Issue 25, eff. September 26, 2013; Volume 37, Issue 20, eff. June 23, 2021; Volume 40, Issue 24, eff. August 29, 2024.

18VAC125-20-55 Education requirements for applied psychologists

A. The applicant shall hold a doctorate from a professional psychology program from a regionally accredited university that meets the following criteria:

The program is within an institution of higher education accredited by an accrediting agency recognized by the U.S. Department of Education or publicly recognized by the Association of Universities and Colleges of Canada as a member in good standing. Graduates of programs that are not within the United States or Canada must provide documentation from a credential evaluation service acceptable to the board that demonstrates that the program meets the requirements set forth in this chapter.
The program shall be recognizable as an organized entity within the institution.
The program shall be an integrated, organized sequence of study with an identifiable psychology faculty and a psychologist directly responsible for the program and shall have an identifiable body of students who are matriculated in that program for a degree. The faculty shall be accessible to students and provide them with guidance and supervision. The faculty shall provide appropriate professional role models and engage in actions that promote the student's acquisition of knowledge, skills, and competencies consistent with the program's training goals.
The program shall encompass a minimum of three academic years of full-time graduate study or the equivalent thereof.
The program shall include a general core curriculum containing a minimum of three or more graduate semester hours or five or more graduate quarter hours in each of the following substantive content areas:

a. Biological bases of behavior (e.g., physiological psychology, comparative psychology, neuropsychology, sensation and perception, health psychology, pharmacology, neuroanatomy).

b. Cognitive-affective bases of behavior (e.g., learning theory, cognition, motivation, emotion).

c. Social bases of behavior (e.g., social psychology, group processes, organizational and systems theory, community and preventive psychology, multicultural issues).

d. Psychological measurement.

e. Research methodology.

f. Techniques of data analysis.

g. Professional standards and ethics.

B. Demonstration of competence in applied psychology shall be met by including a minimum of at least 18 semester hours or 30 quarter hours in a concentrated program of study in an identified area of psychology, for example, developmental, social, cognitive, motivation, applied behavioral analysis, industrial/organizational, human factors, personnel selection and evaluation, program planning and evaluation, teaching, research or consultation.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3605 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 2, eff. November 10, 1999; amended, Virginia Register Volume 37, Issue 20, eff. June 23, 2021.

18VAC125-20-56 Education requirements for school psychologists

A. The applicant shall hold at least a master's degree in school psychology, with a minimum of at least 60 semester credit hours or 90 quarter hours, from a college or university accredited by a regional accrediting agency, which was accredited by the APA or CAEP or was approved by NASP, or shall meet the requirements of subsection B of this section.

B. If the applicant does not hold a master's degree in school psychology from a program accredited by the APA or CAEP or approved by NASP, the applicant shall have a master's degree from a psychology program that offers education and training to prepare individuals for the practice of school psychology as defined in § 54.1-3600 of the Code of Virginia and that meets the following criteria:

The program is within an institution of higher education accredited by an accrediting agency recognized by the U.S. Department of Education or publicly recognized by the Association of Universities and Colleges of Canada as a member in good standing. Graduates of programs that are not within the United States or Canada must provide documentation from a credential evaluation service acceptable to the board that demonstrates that the program meets the requirements set forth in this chapter.
The program shall be recognizable as an organized entity within the institution.
The program shall be an integrated, organized sequence of study with an identifiable psychology faculty and a psychologist directly responsible for the program and shall have an identifiable body of students who are matriculated in that program for a degree. The faculty shall be accessible to students and provide them with guidance and supervision. The faculty shall provide appropriate professional role models and engage in actions that promote the student's acquisition of knowledge, skills, and competencies consistent with the program's training goals.
The program shall encompass a minimum of two academic years of full-time graduate study or the equivalent thereof.
The program shall include a general core curriculum containing a minimum of three or more graduate semester hours or five or more graduate quarter hours in each of the following substantive content areas:

a. Psychological foundations (e.g., biological bases of behavior, human learning, social and cultural bases of behavior, child and adolescent development, individual differences).

b. Educational foundations (e.g., instructional design, organization and operation of schools).

c. Interventions/problem-solving (e.g., assessment, direct interventions, both individual and group, indirect interventions).

d. Statistics and research methodologies (e.g., research and evaluation methods, statistics, measurement).

e. Professional school psychology (e.g., history and foundations of school psychology, legal and ethical issues, professional issues and standards, alternative models for the delivery of school psychological services, emergent technologies, roles and functions of the school psychologist).

The program shall be committed to practicum experiences that shall include:

a. Orientation to the educational process;

b. Assessment for intervention;

c. Direct intervention, including counseling and behavior management; and

d. Indirect intervention, including consultation.

C. Candidates for school psychologist licensure shall have successfully completed an internship in a program accredited by APA or CAEP, or approved by NASP, or is a member of APPIC or one that meets equivalent standards.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3605 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 2, eff. November 10, 1999; amended, Virginia Register Volume 37, Issue 20, eff. June 23, 2021.

18VAC125-20-57 Education requirements for psychological practitioners

Each applicant for licensure as a psychological practitioner shall provide evidence of receipt of a master's degree in psychology or counseling psychology from a program accredited by the American Psychological Association, from a program equivalent to those accredited by the American Psychological Association as determined by the board, or from a program accredited by another national accrediting body approved by the board.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3606.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 3, eff. November 1, 2025.

18VAC125-20-58 Supervision and autonomous practice of psychological practitioners

A. Unless an autonomous practice designation has been granted by the board, every psychological practitioner shall practice under the supervision of a clinical psychologist with at least two years of clinical experience post-licensure as a doctoral level clinical psychologist. No psychological practitioner shall represent that the practitioner can practice autonomously unless an autonomous practice designation has been granted by the board.

B. Unless an autonomous practice designation has been granted by the board, each psychological practitioner shall communicate to patients and the public in writing that the psychological practitioner cannot practice autonomously and provide the name and contact information of the supervising clinical psychologist.

C. A psychological practitioner with a current, unrestricted license may qualify for an autonomous designation upon:

Achievement of a passing score as determined by the board of the clinical portion of the Examination for Professional Practice of Psychology; and
Completion of one year of full-time, post-licensure practice under the supervision of a clinical psychologist. One year of full-time, post-licensure practice, for purposes of this section, is at least 2,000 hours. Such hours must be completed within three years immediately preceding application to the board for autonomous practice authorization.

D. Qualification for authorization for autonomous practice shall be determined upon:

Submission of a fee as specified in 18VAC125-20-30;
Evidence of a passing score for master's degree level psychological practice on the clinical portion of the Examination for Professional Practice of Psychology; and
Evidence of one year of full-time, post-licensure supervised practice. The evidence of supervised practice shall consist of an attestation that meets the following criteria:

a. The attestation shall be signed by the licensed clinical psychologist that served as a supervisor for the required supervised practice in subsection A of this section;

b. The attestation shall specify that the psychological practitioner is competent to practice in all areas of practice contained on a form provided by the board; and

c. The attestation shall state that, in the opinion of the licensed clinical psychologist, the psychological practitioner demonstrated sufficient competency to practice autonomously.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3606.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 3, eff. November 1, 2025.

18VAC125-20-59 Supervisors of psychological practitioners

A. Supervisors shall be licensed as a clinical psychologist in Virginia.

B. Supervision of post-licensure practice by a clinical psychologist shall include:

The periodic review of patient charts or electronic patient records by the supervising clinical psychologist;
Appropriate and regular input by the clinical psychologist on cases, patient emergencies, and referrals;
Appropriate professional development; and
Management of areas of deficiency if needed or indicated during supervision.

C. The supervisor shall be responsible for ensuring that the psychological practitioner only practices within the scope of the psychological practitioner's education and training.

D. Prior to practice, a psychological practitioner that has not received an autonomous practice designation must enter into a supervisory agreement with a qualified supervisor.

E. Both the psychological practitioner and the supervisor shall maintain a copy of all supervisory agreements for three years from the date that supervision ends.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3606.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 3, eff. November 1, 2025.

18VAC125-20-60 (Repealed.)

Historical Notes

Derived from VR565-01-2 § 2.3, eff. June 22, 1988; amended, Virginia Register Volume 7, Issue 10, eff. March 13, 1991; Volume 9, Issue 7, eff. January 27, 1993; Volume 10, Issue 7, eff. January 27, 1994; repealed, Virginia Register Volume 16, Issue 2, eff. November 10, 1999.

18VAC125-20-65 Residency

A. Candidates for clinical or school psychologist licensure shall have successfully completed a residency consisting of a minimum of 1,500 hours of supervised experience in the delivery of clinical or school psychology services acceptable to the board.

For clinical psychology candidates, the hours of supervised practicum experiences in a doctoral program may be counted toward the residency hours, as specified in 18VAC125-20-54. Hours acquired during the required internship shall not be counted toward the 1,500 residency hours. If the supervised experience hours completed in a practicum do not total 1,500 hours or if a candidate is deficient in any of the categories of hours, a candidate may fulfill the remainder of the hours by meeting requirements specified in subsection B of this section.
School psychologist candidates shall complete all the residency requirements after receipt of a final school psychology degree.

B. Residency requirements.

Candidates for clinical or school psychologist licensure shall have successfully completed a residency consisting of a minimum of 1,500 hours in a period of not less than 12 months and not to exceed three years of supervised experience in the delivery of clinical or school psychology services acceptable to the board, or the applicant may request approval to extend a residency if there were extenuating circumstances that precluded completion within three years.
Supervised experience obtained in Virginia without prior written board approval will not be accepted toward licensure. Candidates shall not begin the residency until after completion of the required degree as set forth in 18VAC125-20-54 or 18VAC125-20-56.
In order to have the residency accepted for licensure, an individual who proposes to obtain supervised post-degree experience in Virginia shall register with the board prior to the onset of such supervision by submission of:

a. A supervisory contract along with the application package;

b. The registration of supervision fee set forth in 18VAC125-20-30; and

c. An official transcript documenting completion of educational requirements as set forth in 18VAC125-20-54 or 18VAC125-20-56 as applicable.

If board approval was required for supervised experience obtained in another United States jurisdiction or Canada in which residency hours were obtained, a candidate shall provide evidence of board approval from such jurisdiction.
There shall be a minimum of two hours of individual supervision per 40 hours of supervised experience. Group supervision of up to five residents may be substituted for one of the two hours on the basis that two hours of group supervision equals one hour of individual supervision, but in no case shall the resident receive less than one hour of individual supervision per 40 hours.
Supervision shall be provided by a psychologist who holds a current, unrestricted license in the jurisdiction in which supervision is being provided and who is licensed to practice in the licensure category in which the resident is seeking licensure; however, a resident seeking licensure as a school psychologist may be supervised by a clinical psychologist.
The supervisor shall neither provide supervision for activities beyond the supervisor's demonstrable areas of competence nor for activities for which the applicant has not had appropriate education and training. "Demonstrable areas of competence" means those therapeutic and assessment methods and techniques for the populations served and for which one can document adequate graduate training, workshops, or appropriate supervised experience.
The supervising psychologist shall maintain records of supervision performed and shall regularly review and co-sign case notes written by the supervised resident during the residency period. At the end of the residency training period, the supervisor shall submit to the board a written evaluation of the applicant's performance.
The board may consider special requests in the event that the regulations create an undue burden in regard to geography or disability that limits the resident's access to qualified supervisors.

C. Residents shall not refer to or identify themselves as clinical psychologists or school psychologists, independently solicit clients, bill directly for services, or in any way represent themselves as licensed psychologists. This does not preclude supervisors or employing institutions from billing for the services of an appropriately identified resident. During the residency period, residents shall use their names, the initials of their degree, and the title "Resident in Psychology" in the licensure category in which licensure is sought.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3605 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 16, Issue 2, eff. November 10, 1999; amended, Virginia Register Volume 28, Issue 19, eff. June 20, 2012; Volume 29, Issue 25, eff. September 26, 2013; Volume 37, Issue 20, eff. June 23, 2021; Volume 40, Issue 24, eff. August 29, 2024; Volume 41, Issue 7, eff. January 2, 2025.

18VAC125-20-70 (Repealed.)

Historical Notes

Derived from VR565-01-2 § 2.4, eff. June 22, 1988; amended, Virginia Register Volume 7, Issue 10, eff. March 13, 1991; Volume 9, Issue 7, eff. January 27, 1993; Volume 10, Issue 7, eff. January 27, 1994; repealed Virginia Register Volume 16, Issue 2, eff. November 10, 1999.

Part III Examinations

18VAC125-20-80 General examination requirements

A. A candidate shall achieve a passing score on the final required step for the licensure type applied for of the national examination within two years immediately preceding licensure. A candidate may request an extension of the two-year limitation for extenuating circumstances. If the candidate has not taken the examination by the end of the two-year period, the applicant shall reapply according to the requirements of the regulations in effect at that time.

B. A candidate for autonomous practice as a licensed psychological practitioner shall achieve a passing score on the clinical portion of the national examination within two years immediately preceding the application for autonomous practice. A candidate may request an extension of the two-year limitation for extenuating circumstances.

C. The board shall establish passing scores on all steps of the examination.

History

Statutory Authority: §§ 54.1-2400, 54.1-3605, and 54.1-3606.3 of the Code of Virginia.
Historical Notes: Derived from VR565-01-2 § 3.1, eff. June 22, 1988; amended, Virginia Register Volume 7, Issue 10, eff. March 13, 1991; Volume 9, Issue 7, eff. January 27, 1993; Volume 10, Issue 7, eff. January 27, 1994; Volume 16, Issue 2, eff. November 10, 1999; Volume 28, Issue 19, eff. June 20, 2012; Volume 29, Issue 25, eff. September 26, 2013; Volume 37, Issue 20, eff. June 23, 2021; Volume 42, Issue 3, eff. November 1, 2025.

18VAC125-20-90 (Repealed.)

Historical Notes

Derived from VR565-01-2 §§ 3.2 and 3.3, eff. June 22, 1988; amended, Virginia Register Volume 7, Issue 10, eff. March 13, 1991; Volume 9, Issue 7, eff. January 27, 1993; Volume 10, Issue 7, eff. January 27, 1994; repealed, Virginia Register Volume 16, Issue 2, eff. November 10, 1999.

Part IV Licensure [Repealed]

18VAC125-20-110 (Repealed.)

Historical Notes

Derived from VR565-01-2 § 4.1, eff. June 22, 1988; amended, Virginia Register Volume 7, Issue 10, eff. March 13, 1991; Volume 9, Issue 7, eff. January 27, 1993; Volume 10, Issue 7, eff. January 27, 1994; repealed, Virginia Register Volume 13, Issue 21, eff. August 6, 1997.

Part V Licensure Renewal; Reinstatement

18VAC125-20-120 Annual renewal of licensure

A. Licensees shall renew licenses on or before June 30 of each year and shall:

Pay the renewal fee prescribed by the board; and
Verify compliance with continuing education requirements prescribed in 18VAC125-20-121 on the renewal form. A practitioner shall be exempt from the continuing competency requirements for the first renewal following the date of initial licensure by examination in Virginia.

B. A licensee who wishes to place his license in inactive status may do so upon payment of the fee prescribed in 18VAC125-20-30. No person shall practice psychology in Virginia without a current active license. An inactive licensee may activate a license by fulfilling the reactivation requirements set forth in 18VAC125-20-130.

C. Failure of a licensee to receive a renewal notice and application forms from the board shall not excuse the licensee from the renewal requirement.

D. A licensed psychological practitioner actively practicing without a designation for autonomous practice shall attest that the licensee is actively supervised.

History

Statutory Authority: §§ 54.1-2400, 54.1-3605, and 54.1-3606.3 of the Code of Virginia.
Historical Notes: Derived from VR565-01-2 § 5.1, eff. June 22, 1988; amended, Virginia Register Volume 7, Issue 10, eff. March 13, 1991; Volume 9, Issue 7, eff. January 27, 1993; Volume 10, Issue 7, eff. January 27, 1994; Volume 13, Issue 21, eff. August 6, 1997; Volume 16, Issue 2, eff. November 10, 1999; Volume 17, Issue 18, eff. June 20, 2001; Volume 19, Issue 10, eff. February 26, 2003; Volume 25, Issue 17, eff. July 1, 2009; Volume 26, Issue 4, eff. November 25, 2009; Volume 28, Issue 19, eff. June 20, 2012; Volume 37, Issue 20, eff. June 23, 2021; Volume 41, Issue 7, eff. January 2, 2025; Volume 42, Issue 3, eff. November 1, 2025.

18VAC125-20-121 Continuing education course requirements for renewal of an active license

A. Licensees shall complete a minimum of 14 hours of board-approved continuing education courses each year for annual licensure renewal. A minimum of 1.5 of these hours shall be in courses that emphasize the ethics, laws, and regulations governing the profession of psychology, including the standards of practice set out in 18VAC125-20-150. A licensee who completes continuing education hours in excess of the 14 hours may carry up to seven hours of continuing education credit forward to meet the requirements for the next annual renewal cycle .

B. For the purpose of this section, "course" means an organized program of study, classroom experience, or similar educational experience that is directly related to the practice of psychology and is provided by a board-approved provider that meets the criteria specified in 18VAC125-20-122.

At least six of the required hours shall be earned in face-to-face or real-time interactive educational experiences. Real-time interactive shall include a course in which the learner has the opportunity to interact with the presenter during the time of the presentation.
The board may approve up to four hours per renewal cycle for each of the following specific educational experiences:

a. Preparation for and presentation of a continuing education program, seminar, workshop, or academic course offered by an approved provider and directly related to the practice of psychology. Hours may only be credited one time, regardless of the number of times the presentation is given, and may not be credited toward the face-to-face requirement.

b. Publication of an article or book in a recognized publication directly related to the practice of psychology. Hours may only be credited one time, regardless of the number of times the writing is published, and may not be credited toward the face-to-face requirement.

c. Serving at least six months as editor or associate editor of a national or international, professional, peer-reviewed journal directly related to the practice of psychology.

Ten hours will be accepted for one or more three-credit-hour academic courses completed at a regionally accredited institution of higher education that are directly related to the practice of psychology.
The board may approve up to two hours per renewal cycle for membership on a state licensing board in psychology.

C. Courses must be directly related to the scope of practice in the category of licensure held. Continuing education courses for clinical psychologists shall emphasize, but not be limited to, the diagnosis, treatment, and care of patients with moderate and severe mental disorders.

D. The board may grant an extension for good cause of up to one year for the completion of continuing education requirements upon written request from the licensee prior to the renewal date. Such extension shall not relieve the licensee of the continuing education requirement.

E. The board may grant an exemption for all or part of the continuing education requirements for one renewal cycle due to circumstances determined by the board to be beyond the control of the licensee.

F. Up to two of the 14 continuing education hours required for renewal may be satisfied through delivery of psychological services, without compensation, to low-income individuals receiving mental health services through a local health department or a free clinic organized in whole or primarily for the delivery of those health services as verified by the department or clinic. Three hours of volunteer service is required for one hour of continuing education credit.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3605 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 17, Issue 18, eff. June 20, 2001; amended, Virginia Register Volume 19, Issue 10, eff. February 26, 2003; Volume 25, Issue 24, eff. September 2, 2009; Volume 31, Issue 20, eff. July 16, 2015; Volume 32, Issue 2, eff. October 21, 2015; Volume 33, Issue 11, eff. March 9, 2017; Volume 37, Issue 20, eff. June 23, 2021; Volume 41, Issue 7, eff. January 2, 2025.

18VAC125-20-122 Continuing education providers

A. The following organizations, associations, or institutions are approved by the board to provide continuing education:

Any psychological association recognized by the profession or providers approved by such an association.
Any association or organization of mental health, health, or psychoeducational providers recognized by the profession or providers approved by such an association or organization.
Any regionally accredited institution of higher learning.
Any governmental agency or facility that offers mental health, health, or psychoeducational services.
Any licensed hospital or facility that offers mental health, health, or psychoeducational services.
Any association or organization that has been approved as a continuing education provider by a psychology board in another state or jurisdiction.

B. Continuing education providers approved under subsection A of this section shall:

Maintain documentation of the course titles and objectives and of licensee attendance and completion of courses for a period of four years.
Monitor attendance at classroom or similar face-to-face educational experiences.
Provide a certificate of completion for licensees who successfully complete a course. The certificate shall indicate the number of continuing education hours for the course and shall indicate hours that may be designated as ethics, laws, or regulations governing the profession, if any.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3605 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 17, Issue 18, eff. June 20, 2001; amended, Virginia Register Volume 25, Issue 24, eff. September 2, 2009; Volume 37, Issue 20, eff. June 23, 2021.

18VAC125-20-123 Documenting compliance with continuing education requirements

A. All licensees in active status shall maintain original documentation for a period of four years.

B. After the end of each renewal period, the board may conduct a random audit of licensees to verify compliance with the requirement for that renewal period.

C. Upon request, a licensee shall provide documentation as follows:

Official transcripts showing credit hours earned from an accredited institution; or
Certificates of completion from approved providers.

D. Compliance with continuing education requirements, including the maintenance of records and the relevance of the courses to the category of licensure, is the responsibility of the licensee. The board may request additional information if such compliance is not clear from the transcripts or certificates.

E. Continuing education hours required by disciplinary order shall not be used to satisfy renewal requirements.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3606.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 17, Issue 18, eff. June 20, 2001; amended, Virginia Register Volume 41, Issue 7, eff. January 2, 2025.

18VAC125-20-130 Late renewal; reinstatement; reactivation

A. A person whose license has expired may renew it within one year after its expiration date by paying the late fee prescribed in 18VAC125-20-30 and the license renewal fee for the year the license was not renewed and by completing the continuing education requirements specified in 18VAC125-20-121 for that year.

B. A person whose license has not been renewed for one year or more and who wishes to resume practice shall:

Present evidence to the board of having met all applicable continuing education requirements equal to the number of years the license has been expired, not to exceed four years;
Pay the reinstatement fee as prescribed in 18VAC125-20-30; and
Submit verification of any professional certification or licensure obtained in any other jurisdiction subsequent to the initial application for licensure.

C. A psychologist wishing to reactivate an inactive license shall submit the renewal fee for active licensure minus any fee already paid for inactive licensure renewal and document completion of continued education hours equal to the number of years the license has been inactive, not to exceed four years.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3605 of the Code of Virginia.
Historical Notes: Derived from VR565-01-2 § 5.2, eff. June 22, 1988; amended, Virginia Register Volume 7, Issue 10, eff. March 13, 1991; Volume 9, Issue 7, eff. January 27, 1993; Volume 10, Issue 7, eff. January 27, 1994; Volume 13, Issue 21, eff. August 6, 1997; Volume 16, Issue 2, eff. November 10, 1999; Volume 16, Issue 13, eff. April 12, 2000; Volume 17, Issue 18, eff. June 20, 2001; Volume 19, Issue 10, eff. February 26, 2003; Volume 37, Issue 20, eff. June 23, 2021.

18VAC125-20-140 (Repealed.)

Historical Notes

Derived from VR565-01-2 § 6.1, eff. June 22, 1988; amended, Virginia Register Volume 7, Issue 10, eff. March 13, 1991; Volume 9, Issue 7, eff. January 27, 1993; Volume 10, Issue 7, eff. January 27, 1994; repealed, Virginia Register Volume 16, Issue 2, eff. November 10, 1999.

Part VI Standards of Practice; Unprofessional Conduct; Disciplinary Actions; Reinstatement

18VAC125-20-150 Standards of practice

A. The protection of the public health, safety, and welfare and the best interest of the public shall be the primary guide in determining the appropriate professional conduct of all persons whose activities are regulated by the board. Regardless of the delivery method, whether face-to-face or by use of technology, practice standards shall apply to the practice of psychology.

B. Persons regulated by the board and persons practicing in Virginia with an E.Passport or an IPC shall:

Provide and supervise only those services and use only those techniques for which they are qualified by education, training, and appropriate experience;
Delegate to persons under their supervision only those responsibilities such persons can be expected to perform competently by education, training, and experience;
Maintain current competency in the areas of practices through continuing education, consultation, or other procedures consistent with current standards of scientific and professional knowledge;
Accurately represent their areas of competence, education, training, experience, professional affiliations, credentials, and published findings to ensure that such statements are neither fraudulent nor misleading;
Neither accept nor give commissions, rebates, or other forms of remuneration for referral of clients for professional services. Make appropriate consultations and referrals consistent with the law and based on the interest of patients or clients;
Refrain from undertaking any activity in which their personal problems are likely to lead to inadequate or harmful services;
Avoid harming, exploiting, misusing influence, or misleading patients or clients, research participants, students, and others for whom they provide professional services and minimize harm when it is foreseeable and unavoidable;
Not engage in, direct, or facilitate torture, which is defined as any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person, or in any other cruel, inhuman, or degrading behavior that causes harm;
Withdraw from, avoid, adjust, or clarify conflicting roles with due regard for the best interest of the affected party and maximal compliance with these standards;
Make arrangements for another professional to deal with emergency needs of clients during periods of foreseeable absences from professional availability and provide for continuity of care when services must be terminated;
Conduct financial responsibilities to clients in an ethical and honest manner by:

a. Informing clients of fees for professional services and billing arrangements as soon as is feasible;

b. Informing clients prior to the use of collection agencies or legal measures to collect fees and provide opportunity for prompt payment;

c. Obtaining written consent for fees that deviate from the practitioner's usual and customary fees for services;

d. Participating in bartering only if it is not clinically contraindicated and is not exploitative; and

e. Not obtaining, attempting to obtain, or cooperating with others in obtaining payment for services by misrepresenting services provided, dates of service, or status of treatment;

Be able to justify all services rendered to clients as necessary for the practice of psychology;
Construct, maintain, administer, interpret, and report testing and diagnostic services in a manner and for purposes that are current and appropriate;
Design, conduct, and report research in accordance with recognized standards of scientific competence and research ethics. Practitioners shall adhere to requirements of § 32.1-162.18 of the Code of Virginia for obtaining informed consent from patients prior to involving them as participants in human research, with the exception of retrospective chart reviews;
Report to the board known or suspected violations of the laws and regulations governing the practice of psychology;
Accurately inform a client or a client's legally authorized representative of the client's diagnoses, prognosis, and intended treatment or plan of care. A psychologist shall present information about the risks and benefits of the recommended treatments in understandable terms and encourage participation in the decisions regarding the patient's care. When obtaining informed consent for a treatment for which generally recognized techniques and procedures have not been established, a psychologist shall inform clients of the developing nature of the treatment, the potential risks involved, alternative treatments that may be available, and the voluntary nature of participation;
Clearly document at the outset of service delivery what party the psychologist considers to be the client and what, if any, responsibilities the psychologist has to all related parties;
Determine whether a client is receiving services from another mental health service provider, and if so, document efforts to coordinate care;
Document the reasons for and steps taken if it becomes necessary to terminate a therapeutic relationship (e.g., when it becomes clear that the client is not benefiting from the relationship or when the psychologist feels endangered). Document assistance provided in making arrangements for the continuation of treatment for clients, if necessary, following termination of a therapeutic relationship; and
Not engage in conversion therapy with any person younger than 18 years of age.

C. In regard to confidentiality, persons regulated by the board shall:

Keep confidential their professional relationships with patients or clients and disclose client information to others only with written consent, except as required or permitted by law. Psychologists shall inform clients of legal limits to confidentiality;
Protect the confidentiality in the usage of client information and clinical materials by obtaining informed consent from the client or the client's legally authorized representative before (i) videotaping, (ii) audio recording, (iii) permitting third party observation, or (iv) using clinical information in teaching, writing, or public presentations; and
Not willfully or negligently breach the confidentiality between a practitioner and a client. A disclosure that is required or permitted by applicable law or beyond the control of the practitioner shall not be considered negligent or willful.

D. In regard to client records, persons regulated by the board shall:

Maintain timely, accurate, legible, and complete written or electronic records for each client. For a psychologist practicing in an institutional setting, the recordkeeping shall follow the policies of the institution or public facility. For a psychologist practicing in a noninstitutional setting, the record shall include:

a. The name of the client and other identifying information;

b. The presenting problem, purpose, or diagnosis;

c. Documentation of the fee arrangement;

d. The date and clinical summary of each service provided;

e. Any test results, including raw data, or other evaluative results obtained;

f. Notation and results of formal consults with other providers; and

g. Any releases by the client;

Maintain client records securely, inform all employees of the requirements of confidentiality and dispose of written, electronic, and other records in such a manner as to ensure confidentiality; and
Maintain client records for a minimum of five years or as otherwise required by law from the last date of service, with the following exceptions:

a. At minimum, records of a minor child shall be maintained for five years after attaining 18 years of age;

b. Records that are required by contractual obligation or federal law to be maintained for a longer period of time; or

c. Records that have been transferred pursuant to § 54.1-2405 of the Code of Virginia pertaining to closure, sale, or change of location of one's practice.

E. In regard to dual relationships, persons regulated by the board shall:

Not engage in a dual relationship with a person under supervision that could impair professional judgment or increase the risk of exploitation or harm. Psychologists shall take appropriate professional precautions when a dual relationship cannot be avoided, such as informed consent, consultation, supervision, and documentation to ensure that judgment is not impaired and no exploitation occurs;
Not engage in sexual intimacies or a romantic relationship with a student, supervisee, resident, intern, therapy patient, client, or those included in collateral therapeutic services (such as a parent, spouse, or significant other of the client) while providing professional services. For at least five years after cessation or termination of professional services, not engage in sexual intimacies or a romantic relationship with a therapy patient, client, or those included in collateral therapeutic services. Consent to, initiation of, or participation in sexual behavior or romantic involvement with a psychologist does not change the exploitative nature of the conduct nor lift the prohibition. Because sexual or romantic relationships are potentially exploitative, psychologists shall bear the burden of demonstrating that there has been no exploitation, based on factors such as duration of therapy, amount of time since therapy, termination circumstances, client's personal history and mental status, and adverse impact on the client;
Not engage in a personal relationship with a former client in which there is a risk of exploitation or potential harm or if the former client continues to relate to the psychologist in the psychologist's professional capacity; and
Recognize conflicts of interest and inform all parties of the nature and directions of loyalties and responsibilities involved.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR565-01-2 § 7.1, eff. June 22, 1988; amended, Virginia Register Volume 7, Issue 10, eff. March 13, 1991; Volume 9, Issue 7, eff. January 27, 1993; Volume 10, Issue 7, eff. January 27, 1994; Volume 13, Issue 21, eff. August 6, 1997; Volume 16, Issue 2, eff. November 10, 1999; Errata, 16:4 VA.R. 444 November 8, 1999; amended, Volume 28, Issue 19, eff. June 20, 2012; Volume 37, Issue 20, eff. June 23, 2021; Volume 37, Issue 24, eff. August 18, 2021; Volume 41, Issue 7, eff. January 2, 2025.

18VAC125-20-160 Grounds for disciplinary action or denial of licensure

The board may take disciplinary action or deny a license or registration or authorization to practice in Virginia with an E.Passport or an IPC for any of the following causes:

Conviction of a felony, or a misdemeanor involving moral turpitude (i.e., relating to lying, cheating, or stealing);
Procuring or attempting to procure or maintaining a license or registration by fraud or misrepresentation;
Conducting practice in such a manner so as to make it a danger to the health and welfare of clients or to the public;
Engaging in intentional or negligent conduct that causes or is likely to cause injury to a client;
Performing functions outside areas of competency;
Demonstrating an inability to practice psychology with reasonable skill and safety to clients by reason of illness or substance misuse, or as a result of any mental, emotional, or physical condition;
Failing to comply with the continuing education requirements set forth in this chapter;
Violating or aiding and abetting another to violate any statute applicable to the practice of the profession, including § 32.1-127.1:03 of the Code of Virginia relating to health records;
Knowingly allowing persons under supervision to jeopardize client safety or provide care to clients outside of such person's scope of practice or area of responsibility;
Performing an act or making statements that are likely to deceive, defraud, or harm the public;
Having a disciplinary action taken against a health or mental health license, certification, registration, or application in Virginia or other jurisdiction or surrendering such a license, certification, or registration in lieu of disciplinary action;
Failing to cooperate with an employee of the Department of Health Professions in the conduct of an investigation;
Failing to report evidence of child abuse or neglect as required in § 63.2-1509 of the Code of Virginia, or abuse of aged and incapacitated adults as required in § 63.2-1606 of the Code of Virginia; or
Violating any provisions of this chapter, including practice standards set forth in 18VAC125-20-150.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3605 of the Code of Virginia.
Historical Notes: Derived from VR565-01-2 § 7.2, eff. June 22, 1988; amended, Virginia Register Volume 7, Issue 10, eff. March 13, 1991; Volume 9, Issue 7, eff. January 27, 1993; Volume 10, Issue 7, eff. January 27, 1994; Volume 16, Issue 2, eff. November 10, 1999; Volume 17, Issue 18, eff. June 20, 2001; Volume 37, Issue 20, eff. June 23, 2021; Volume 39, Issue 7, eff. December 21, 2022.

18VAC125-20-170 (Repealed.)

History

Historical Notes: Derived from VR565-01-2 § 7.3, eff. June 22, 1988; amended, Virginia Register Volume 7, Issue 10, eff. March 13, 1991; Volume 9, Issue 7, eff. January 27, 1993; Volume 10, Issue 7, eff. January 27, 1994; Volume 16, Issue 2, eff. November 10, 1999; Volume 16, Issue 13, eff. April 12, 2000; Volume 24, Issue 12, eff. March 19, 2008; repealed, Virginia Register Volume 41, Issue 7, eff. January 2, 2025.

Chapter 30 Regulations Governing the Certification of Sex Offender Treatment Providers

Part I General Provisions

18VAC125-30-10 Definitions

The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"Ancillary services" means training that includes anger management, stress management, assertiveness, social skills, substance misuse, victim empathy, and human sexuality as part of an identified sex offender treatment provider program.

"Applicant" means an individual who has submitted a completed application with documentation and the appropriate fees to be examined for certification as a sex offender treatment provider.

"Assessment" means using specific techniques of evaluation and measurement to collect facts related to sexually abusive thoughts and behaviors contributing to sexual offense.

"Board" means the Virginia Board of Psychology.

"Certified sex offender treatment provider" means a person who is certified to provide treatment to sex offenders and who provides such services in accordance with the provisions of §§ 54.1-2924.1, 54.1-3005, 54.1-3505, 54.1-3609, 54.1-3610, 54.1-3611, and 54.1-3705 of the Code of Virginia and the regulations promulgated pursuant to these provisions.

"Competency area" means an area in which a person possesses knowledge and skills and the ability to apply them in the clinical setting.

"Face-to-face" means in-person or real-time interactive in which there is visual and audio contact and an opportunity for interaction.

"Sex offender" means (i) any person who has been adjudicated or convicted of a sex offense or has a founded child sexual abuse status by the Department of Social Services; (ii) any person for whom any court has found sufficient evidence without specific finding of guilt of committing a felony or misdemeanor which may be reasonably inferred to be sexually motivated; or (iii) any person who admits to or acknowledges behavior which would result in adjudication, conviction, or a founded child sexual abuse status.

"Sex offense" means behavior in violation of any of the following statutes in the Code of Virginia: § 18.2-48 in part (abduction of any person with intent to defile such person), § 18.2-60.3 in part (includes only those instances in which sexual motivation can be reasonably inferred), § 18.2-61, § 18.2-63, § 18.2-64.1, § 18.2-67.1, § 18.2-67.2, § 18.2-67.2:1, § 18.2-67.3, § 18.2-67.4, § 18.2-67.5, § 18.2-130 in part (includes only those instances in which sexual motivation can be reasonable inferred), subsection A of § 18.2-361 in part "If any person carnally knows in any manner any brute animal" and subsection B § 18.2-361 in its entirety, § 18.2-366, § 18.2-370, § 18.2-370.1, § 18.2-374.1 (not to include plethysmographic testing materials in the possession of qualified mental health professionals or technicians), § 18.2-387.

"Supervision" means the ongoing process performed by a supervisor who monitors the performance of the person supervised and provides regular documented individual consultation, guidance, and instruction with respect to the skills and competencies of the person providing sex offender treatment services.

"Supervisor" means an individual who assumes full responsibility for the education and training activities of a person as it relates to sex offender treatment and provides the supervision required by such a person.

"Supervisory contract" means an agreement that outlines the expectations and responsibilities of the supervisor and the trainee in accordance with this chapter.

"Treatment" means therapeutic intervention to promote change in sexually abusive thoughts and behaviors and to reduce the risk of recidivism.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3605 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 21, eff. August 6, 1997; amended, Virginia Register Volume 18, Issue 13, eff. April 10, 2002; Volume 37, Issue 21, eff. July 22, 2021.

18VAC125-30-20 Fees required by the board

A. The board has established the following fees applicable to the certification of sex offender treatment providers:

| Registration of supervision | $50 | | --- | --- | | Add or change supervisor | $25 | | Application processing and initial certification fee | $90 | | Certification renewal | $75 | | Duplicate certificate | $5 | | Late renewal | $25 | | Reinstatement of an expired certificate | $125 | | Replacement of or additional wall certificate | $15 | | Handling fee for returned check or dishonored credit card or debit card | $50 | | Reinstatement following revocation or suspension | $500 | | One-time reduction in fee for renewal on June 30, 2020 | $55 |

B. Fees shall be made payable to the Treasurer of Virginia. All fees are nonrefundable.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3605 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 21, eff. August 6, 1997; amended, Virginia Register Volume 18, Issue 13, eff. April 10, 2002; Volume 22, Issue 11, eff. March 8, 2006; Volume 23, Issue 12, eff. March 21, 2007; Volume 26, Issue 14, eff. April 14, 2010; Volume 30, Issue 10, eff. February 12, 2014; Volume 32, Issue 6, eff. January 15, 2016; Volume 32, Issue 9, eff. January 27, 2016; Volume 34, Issue 14, eff. April 4, 2018; Volume 36, Issue 8, eff. January 8, 2020; Volume 36, Issue 11, eff. March 5, 2020.

18VAC125-30-25 Current name and address

Certificate holders shall notify the board in writing within 60 days of a change in name or a change of the address of record or of the public address if different from the address of record.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3605 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 37, Issue 21, eff. July 22, 2021.

Part II Requirements for Certification

18VAC125-30-30 Prerequisites to certification

A. Every applicant for certification by the board shall:

Meet the educational requirements prescribed in 18VAC125-30-40;
Meet the experience requirements prescribed in 18VAC125-30-50;
Submit to the board:

a. A completed application form;

b. Documented evidence of having fulfilled the education, experience, and supervision set forth in 18VAC125-30-40 and 18VAC125-30-50;

c. A current report from the National Practitioner Data Bank; and

d. Verification of any other health or mental health license, certificate, or registration ever held in Virginia or in another jurisdiction. In order to qualify for certification, the applicant shall have no unresolved action against a license, certificate, or registration. The board will consider history of disciplinary action on a case-by-case basis.

B. The board may certify by endorsement an individual who can document current certification as a sex offender treatment provider in good standing obtained by standards substantially equivalent to those outlined in this chapter as verified by an out-of-state certifying agency on a board-approved form.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3605 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 21, eff. August 6, 1997; amended, Virginia Register Volume 18, Issue 13, eff. April 10, 2002; Volume 32, Issue 6, eff. January 15, 2016; Volume 37, Issue 21, eff. July 22, 2021.

18VAC125-30-40 Educational requirements

An applicant for certification as a sex offender treatment provider shall:

Document completion of one of the following degrees:

a. A master's or doctoral degree in social work, psychology, counseling, or nursing from a regionally accredited university; or

b. The degree of Doctor of Medicine or Doctor of Osteopathic Medicine from an institution that is approved by an accrediting agency recognized by the Virginia Board of Medicine

Graduates of institutions that are not accredited by an acceptable accrediting agency shall establish the equivalency of their education to the educational requirements of the Virginia Board of Social Work, Psychology, Counseling, Nursing or Medicine.

Provide certificates of completion documenting 50 clock hours of education acceptable to the board in the following areas, with 15 clock hours in each area identified in subdivisions 2 a and 2 b of this section, 10 clock hours in the area identified in subdivision 2 c of this section, and five clock hours in each area identified in subdivisions 2 d and 2 e of this section:

a. Sex offender assessment;

b. Sex offender treatment interventions;

c. Etiology/developmental issues of sex offense behavior;

d. Criminal justice and legal issues related to sexual offending; and

e. Treatment effectiveness and issues related to relapse prevention or recidivism of sex offenders.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3605 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 21, eff. August 6, 1997; amended, Virginia Register Volume 18, Issue 13, eff. April 10, 2002; Volume 32, Issue 6, eff. January 15, 2016; Volume 37, Issue 21, eff. July 22, 2021.

18VAC125-30-50 Experience requirements; supervision

A. Registration of supervision. Supervised experience obtained in Virginia without prior written board approval shall not be accepted toward certification. Candidates shall not begin the experience until after completion of the required degree as set forth in 18VAC125-30-40.

Prior to beginning supervised postdegree experience in Virginia, an individual shall submit:

a. A completed supervisory contract;

b. The application and the registration fee prescribed in 18VAC125-30-20; and

c. Official graduate transcript documenting the degree requirement of 18VAC125-30-40.

The board may waive the registration requirement for individuals who have obtained at least five years of documented work experience in sex offender treatment in another jurisdiction. For individuals with less than five years of documented work experience, the board may accept supervised experience hours completed in another jurisdiction, provided the experience meets the requirements of this section, except it is not required that a supervisor in the other jurisdiction hold certification as a sex offender treatment provider or a license issued by a health regulatory board in Virginia.

B. An applicant for certification as a sex offender treatment provider shall provide documentation of having 2,000 hours of postdegree clinical experience in the delivery of clinical assessment/treatment services. At least 200 hours of this experience must be face-to-face treatment and assessment with sex offender clients.

The experience shall include a minimum of 100 hours of face-to-face supervision within the 2,000 hours experience with a minimum of one hour of face-to-face supervision for every 20 hours of experience. A minimum of 50 hours shall be in individual face-to-face supervision. Face-to-face supervision obtained in a group setting shall include no more than six trainees in a group.
If the applicant has obtained the required postdegree clinical experience for a mental health license within the past 10 years, the applicant can receive credit for those hours that were in the delivery of clinical assessment/treatment services with sex offender clients provided:

a. The applicant can document that the hours were in the treatment and assessment with sex offender clients; and

b. The supervisor for those hours can attest that he was licensed and qualified to render services to sex offender clients at the time of the supervision.

C. The supervisor.

The supervisor shall assume responsibility for the professional activities of the applicant.
The supervisor shall not provide supervision for activities for which the prospective applicant has not had appropriate education.
The supervisor shall be a certified sex offender treatment provider and hold a current and unrestricted Virginia license as a clinical nurse specialist, doctor of medicine or osteopathic medicine, professional counselor, marriage and family therapist, clinical social worker, or clinical psychologist.
The supervisor shall provide supervision only for those sex offender treatment services which he is qualified to render.
At the time of formal application for certification, the board approved supervisor shall document for the board the applicant's total hours of supervision, length of work experience, competence in sex offender treatment, and needs for additional supervision or training.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3605 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 21, eff. August 6, 1997; amended, Virginia Register Volume 18, Issue 13, eff. April 10, 2002; Volume 25, Issue 20, eff. July 8, 2009; Volume 32, Issue 6, eff. January 15, 2016; Volume 37, Issue 21, eff. July 22, 2021.

18VAC125-30-60 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 13, Issue 21, eff. August 6, 1997; repealed, Virginia Register Volume 18, Issue 13, eff. April 10, 2002.

18VAC125-30-70 Supervision of unlicensed persons

A certified sex offender treatment provider shall provide supervision for unlicensed persons providing ancillary services as part of an identified sex offender treatment program.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3605 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 21, eff. August 6, 1997; amended, Virginia Register Volume 32, Issue 6, eff. January 15, 2016; Volume 37, Issue 21, eff. July 22, 2021.

Part III Renewal and Reinstatement

18VAC125-30-80 Annual renewal of certificate

A. Every certificate issued by the board shall expire on June 30 of each year.

B. Along with the renewal application, the certified sex offender treatment provider shall:

Submit the renewal fee prescribed in 18VAC125-30-20; and
Attest to having obtained six hours of continuing education as specified in 18VAC125-30-81.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3605 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 21, eff. August 6, 1997; amended, Virginia Register Volume 18, Issue 13, eff. April 10, 2002; Volume 25, Issue 17, eff. July 1, 2009; Volume 25, Issue 20, eff. July 8, 2009; Volume 32, Issue 6, eff. January 15, 2016; Volume 37, Issue 21, eff. July 22, 2021.

18VAC125-30-81 Continuing education requirements

A. Certified sex offender treatment providers shall complete a minimum of six contact hours of continuing education in topics related to the provision of sex offender treatment for each annual renewal period.

B. Continuing education shall be offered by a sponsor or provider approved by the Virginia Board of Social Work, Psychology, Counseling, Nursing, or Medicine or by the Association for the Treatment of Sexual Abusers or one of its state chapters, or the Virginia Sex Offender Treatment Association. Hours of continuing education used to satisfy the renewal requirements for another license may be used to satisfy the six-hour requirement for sex offender treatment provider certification, provided it was related to the provision of sex offender treatment.

C. Attestation of completion of continuing education is not required for the first renewal following initial certification in Virginia.

D. The board may grant an extension for good cause of up to one year for the completion of continuing education requirements upon written request from a certificate holder prior to the renewal date. Such extension shall not relieve the certificate holder of the continuing education requirement.

E. The board may grant an exemption for all or part of the continuing education requirements due to circumstances beyond the control of a certificate holder, such as temporary disability, mandatory military service, or officially declared disasters, upon written request from the certificate holder prior to the renewal date.

F. All certificate holders shall maintain original documentation of official transcripts showing credit hours earned or certificates of participation for a period of three years following renewal.

G. Continuing education hours required by a disciplinary order may not be used to satisfy the requirement for renewal.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3605 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 37, Issue 21, eff. July 22, 2021.

18VAC125-30-90 Reinstatement

A. A person whose certificate has expired may renew it within one year after its expiration date by paying the renewal fee and the late renewal fee prescribed in 18VAC125-30-20.

B. A person whose certificate has expired beyond one year and who wishes to resume practice shall:

Submit a reinstatement application along with the reinstatement fee.
Provide evidence of completion of six hours of continuing education for each year in which the certification has been expired, with a maximum of 24 hours.
Submit verification of any health or mental health registration, certification or licensure ever held in Virginia or in any other jurisdiction.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3605 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 21, eff. August 6, 1997; amended, Virginia Register Volume 18, Issue 13, eff. April 10, 2002; Volume 37, Issue 21, eff. July 22, 2021.

18VAC125-30-91 Reinstatement following disciplinary action

A. Any person whose certificate has been revoked or suspended by the board under the provisions of 18VAC125-30-110 shall, in order to be eligible for reinstatement, (i) submit an application to the board for a license, (ii) pay the appropriate reinstatement fee, and (iii) submit any other evidence of competency as prescribed by the board. After a hearing, the board may at its discretion grant the reinstatement.

B. Any person whose certificate has been revoked shall not apply for reinstatement until three years after such board action.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3605 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 37, Issue 21, eff. July 22, 2021.

Part IV Standards of Practice; Disciplinary Action; Reinstatement

18VAC125-30-100 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 13, Issue 21, eff. August 6, 1997; amended, Virginia Register Volume 32, Issue 6, eff. January 15, 2016; repealed, Virginia Register Volume 37, Issue 21, eff. July 22, 2021.

18VAC125-30-101 Standards of practice

A. The protection of the public health, safety, and welfare and the best interest of the public shall be the primary guide in determining the appropriate professional conduct of all certified practitioners who provide services to sex offenders. Sex offender treatment providers respect the rights, dignity, and worth of all people, regardless of the nature of one's crimes or offenses, and are mindful of individual differences. Regardless of the delivery method, whether in-person or by use of technology, these standards shall apply to the practice of sex offender treatment.

B. Persons certified by the board and applicants under supervision shall:

Practice in a manner that ensures community protection and safety;
Provide or supervise only services and use only techniques for which they are qualified by education, training, and experience;
Accurately represent their areas of competence, education, training, experience, professional affiliations, credentials, and published findings to ensure that such statements are neither fraudulent nor misleading;
Accurately inform sex offender clients of (i) the purposes of an interview, testing, or evaluation session; (ii) the ways in which information obtained in such sessions will be used before asking the sex offender client to reveal personal information or allowing such information to be divulged; (iii) the methods of interventions, including any experimental methods of treatment; and (iv) the risks and benefits of any treatment;
Clearly document at the outset of service delivery what party the sex offender treatment provider considers to be the client and what, if any, responsibilities the provider has to all related parties. Explain to juvenile sex offender clients the rights of their parents, legal guardians, or both to obtain information relating to the sex offender client;
Maintain current competency in the areas of practice through continuing education, consultation, or other procedures consistent with current standards of scientific and professional knowledge;
Be able to justify all services rendered to clients as necessary for diagnostic or therapeutic purposes;
Avoid harming, exploiting, misusing influence, or misleading patients or clients, research participants, students, and others for whom they provide professional services and minimize harm when it is foreseeable and unavoidable;
Maintain cooperative and collaborative relationships with corrections, probation, or parole officers or any responsible agency for purposes of the effective supervision and monitoring of a sex offender client's behavior in order to assure public safety;
Construct, maintain, administer, interpret, and report testing and diagnostic services in a manner and for purposes that are current and appropriate. Sex offender treatment providers shall consider the validity, reliability, appropriateness, and limitations of assessments and data selected for use with sex offender clients, including to the plethysmograph and polygraph. Where questions exist about the appropriateness of utilizing a particular assessment with a sex offender client, expert guidance from a knowledgeable, certified sex offender treatment provider shall be sought;
Safeguard the use of sexual arousal assessment testing and treatment materials, due to the sensitivity of such materials in compliance with § 18.2-374.1:1 of the Code of Virginia and use them only for the purpose for which they are intended in a controlled penile plethysmographic laboratory assessment;
Not engage in conversion therapy with any person younger than 18 years of age;
Withdraw from, avoid, adjust, or clarify conflicting roles with due regard for the best interest of the affected party and maximal compliance with these standards;
Neither accept nor give commissions, rebates, or other forms of remuneration for referral of clients for professional services. Make appropriate consultations and referrals consistent with the law based on the interest of the patients or clients;
Make arrangements for another professional to deal with emergency needs of clients during periods of foreseeable absences from professional availability and provide for continuity of care when services must be terminated;
Conduct financial responsibilities to clients in an ethical and honest manner by:

a. Informing clients of fees for professional services and billing arrangements as soon as is feasible;

b. Informing clients prior to the use of collection agencies or legal measures to collect fees and provide opportunity for prompt payment;

c. Obtaining written consent for fees that deviate from the practitioner's usual and customary fees for services; and

d. Not obtaining, attempting to obtain, or cooperating with others in obtaining payment for services by misrepresenting services provided, dates of services, or status of treatment;

Design, conduct, and report research in accordance with recognized standards of scientific competence and research ethics. Practitioners shall adhere to requirements of § 32.1-162.18 of the Code of Virginia for obtaining informed consent from patients prior to involving them as participants in human research, with the exception of retrospective chart reviews;
Report to the board known or suspected violations of the laws and regulations governing the practice of sex offender treatment providers, as well as any information that a sex offender treatment provider is unable to practice with reasonable skill and safety because of physical or mental impairment or substance misuse or otherwise poses a danger to the provider, the public, or clients;
Document the reasons for and steps taken if it becomes necessary to terminate a therapeutic relationship (e.g., when it becomes clear that the client is not benefiting from the relationship or when the sex offender treatment provider feels endangered). Document assistance provided in making arrangements for the continuation of treatment for clients, if necessary, following termination of a therapeutic relationship; and
Comply with laws of the Code of Virginia and regulations of the board applicable to the practice of sex offender treatment providers.

C. In regard to confidentiality, persons regulated by the board shall:

Inform sex offender clients of the limits of confidentiality and any circumstances which may allow an exception to the agreed upon confidentiality, including (i) as obligated under dual-client situations, especially in criminal justice or related settings; (ii) when the client is a danger to self or others; (iii) when under court order to disclose information; (iv) in cases of suspected child or elder abuse; and (v) as otherwise required by law or regulation;
Not require or seek waivers of privacy or confidentiality beyond the requirements of treatment, training, or community safety;
Keep confidential their professional relationships with patients or clients and disclose client information to others only with written consent except as required or permitted by law;
Protect the confidentiality in the usage of client information and clinical materials by obtaining informed consent from the client or the client's legally authorized representative before (i) videotaping, (ii) audio recording, (iii) permitting third party observation, or (iv) using identifiable client information in teaching, writing, or public presentations; and
Not willfully or negligently breach the confidentiality between a practitioner and a client. A disclosure that is required or permitted by applicable law or beyond the control of the practitioner shall not be considered negligent or willful.

D. In regard to client records, persons regulated by the board shall:

Maintain timely, accurate, legible, and complete written or electronic records for each client. For a sex offender treatment provider practicing in an institutional setting, the recordkeeping shall follow the policies of the institution or public facility. For a sex offender treatment provider practicing in a noninstitutional setting, the record shall include:

a. The name of the client and other identifying information;

b. The presenting problem, purpose, or diagnosis;

c. Documentation of the fee arrangement;

d. The date and clinical summary of each service provided;

e. Any test results, including raw data, or other evaluative results obtained;

f. Notation and results of formal consults with other providers; and

g. Any releases by the client;

Maintain client records securely, inform all employees of the requirements of confidentiality, and dispose of written, electronic, and other records in such a manner as to ensure their confidentiality; and
Maintain client records for a minimum of five years or as otherwise required by law from the last date of service, with the following exceptions:

a. At minimum, records of a minor child shall be maintained for five years after attaining 18 years of age;

b. Records that are required by contractual obligation or federal law to be maintained for a longer period of time; or

c. Records that have been transferred pursuant to § 54.1-2405 of the Code of Virginia pertaining to closure, sale, or change of location of one's practice.

E. In regard to dual relationships, persons regulated by the board shall:

Not engage in a dual relationship with a person under supervision that could impair professional judgment or increase the risk of exploitation or harm. Sex offender treatment providers shall take appropriate professional precautions when a dual relationship cannot be avoided, such as informed consent, consultation, supervision, and documentation to ensure that judgment is not impaired and no exploitation occurs;
Not engage in sexual intimacies or a romantic relationship with a student, supervisee, resident, intern, therapy patient, client, or those included in collateral therapeutic services, such as a parent, spouse, or significant other of the client, while providing professional services. For at least five years after cessation or termination of professional services, not engage in sexual intimacies or a romantic relationship with a therapy patient, client, or those included in collateral therapeutic services. Consent to, initiation of, or participation in sexual behavior or romantic involvement with a sex offender treatment provider does not change the exploitative nature of the conduct nor lift the prohibition. Because sexual or romantic relationships are potentially exploitative, sex offender treatment providers shall bear the burden of demonstrating that there has been no exploitation, based on factors such as duration of therapy, amount of time since therapy, termination circumstances, client's personal history and mental status, and adverse impact on the client;
Not engage in a personal relationship with a former client in which there is a risk of exploitation or potential harm or if the former client continues to relate to the sex offender treatment provider in the provider's professional capacity; and
Recognize conflicts of interest and inform all parties of the nature and directions of loyalties and responsibilities involved.

F. Upon learning of evidence that indicates a reasonable probability that another mental health provider is or may be guilty of a violation of standards of conduct as defined in statute or regulation, persons licensed by the board shall advise their clients of their right to report such misconduct to the Department of Health Professions in accordance with § 54.1-2400.4 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3605 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 37, Issue 21, eff. July 22, 2021.

18VAC125-30-110 Grounds for disciplinary action

The board may revoke, suspend, restrict or refuse to issue a certificate, or reprimand or fine a practitioner in accord with the following:

Violation of provisions of this chapter, including the standards of practice set forth in 18VAC125-30-101.
Conviction of a felony or a misdemeanor involving moral turpitude (i.e., relating to lying, stealing, or cheating).
Demonstrating an inability to practice as a sex offender treatment provider with reasonable skill and safety as a result of any mental, emotional, or physical condition or substance misuse.
Conducting one's practice in such a manner so as to make it a danger to the health and welfare of a client or to the public.
The denial, revocation, suspension, or restriction of a health or mental health registration, license, or certificate to practice in Virginia or in another state, possession, or territory of the United States or the surrender of any such registration, license, or certificate while an active investigation is pending or in lieu of disciplinary action.
Engaging in intentional or negligent conduct that causes or is likely to cause injury to a client.
Knowingly allowing persons under supervision to jeopardize client safety or provide care to clients outside of such person's scope of practice or area of responsibility.
Performing functions outside areas of competency.
Failing to comply with the continuing education requirements set forth in this chapter.
Performing an act or making statements that are likely to deceive, defraud, or harm the public.
Failing to cooperate with an employee of the Department of Health Professions in the conduct of an investigation.
Procuring, attempting to procure, or maintaining a certificate or registration by fraud or misrepresentation.
Violating or aiding and abetting another to violate any statute applicable to the practice of the profession, including § 32.1-127.1:03 of the Code of Virginia relating to health records.
Failing to report evidence of child abuse or neglect as required in § 63.2-1509 of the Code of Virginia or abuse of aged and incapacitated adults as required in § 63.2-1606 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3605 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 21, eff. August 6, 1997; amended, Virginia Register Volume 37, Issue 21, eff. July 22, 2021.

18VAC125-30-120 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 13, Issue 21, eff. August 6, 1997; amended, Virginia Register Volume 24, Issue 12, eff. March 19, 2008; repealed, Virginia Register Volume 37, Issue 21, eff. July 22, 2021.

Agency 130 Real Estate Appraiser Board

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

18VAC130-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Real Estate Appraiser Board. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2013 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC130-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Real Estate Appraiser Board, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2013 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Part II Notification of Interested Persons

18VAC130-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2013 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC130-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 18VAC130-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2013 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Part III Public Participation Procedures

18VAC130-11-50 Public comment

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201, and 54.1-2013 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008; amended, Virginia Register Volume 33, Issue 9, eff. February 13, 2017.

18VAC130-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2013 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC130-11-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2013 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC130-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2013 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC130-11-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2013 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC130-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2013 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC130-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2013 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Chapter 20 Real Estate Appraiser Board Rules and Regulations

Part I General

18VAC130-20-10 Definitions

A. Section 54.1-2009 of the Code of Virginia provides definitions for the following terms and phrases used in this chapter:

"Appraisal"

"Appraisal report"

"Board"

"Certified general real estate appraiser"

"Certified residential real estate appraiser"

"Department"

"Director"

"Evaluation"

"Federal financial institutions regulatory agencies"

"Federally related transaction"

"Licensed residential real estate appraiser"

"Real estate"

"Real estate-related financial transaction"

"Real property"

"Regulation"

"Residential real estate appraiser"

B. The following words and terms when used in this chapter, unless a different meaning is provided or is plainly required by the context, will have the following meanings:

"Accredited colleges, universities, junior and community colleges" means those accredited institutions of higher learning approved by the State Council of Higher Education for Virginia or accredited by an accrediting agency recognized by the U.S. Department of Education or a recognized international equivalent.

"Adult distributive or marketing education programs" means those programs offered at schools approved by the Virginia Department of Education or any other local, state, or federal government agency, board, or commission to teach adult education or marketing courses.

"Analysis" means a study of real estate or real property other than the estimation of value.

"Appraisal bias" means bias based on race, ethnicity, or national origin in the opinion of value rendered by an appraiser.

"Appraisal Foundation" means the organization authorized by the U.S. Congress to establish uniform appraisal standards by defining, issuing, and promoting such standards through the Appraiser Qualifications Board, Appraisal Standards Board, and other councils, panels, and subcommittees.

"Appraisal subcommittee" means the designees of the heads of the federal financial institutions regulatory agencies established by the Federal Financial Institutions Examination Council Act of 1978 (12 USC § 3301 et seq.), as amended.

"Appraiser" means an individual who is expected to perform valuation services competently and in a manner that is independent, impartial, and objective.

"Appraiser trainee" means an individual who is licensed as an appraiser trainee to appraise those properties that the supervising appraiser is permitted to appraise.

"Business entity" means any corporation, partnership, association, or other business entity under which appraisal services are performed.

"Certified instructor" means an individual holding an instructor certificate issued by the board to act as an instructor.

"Classroom hour" means 50 minutes out of each 60-minute segment. The prescribed number of classroom hours includes time devoted to tests, which are considered to be part of the course.

"Distance education" means an educational process based on the geographical separation of provider and student.

"Experience" as used in this chapter includes experience gained in the performance of fee or staff appraisal assignment, ad valorem tax appraisal, review appraisal, appraisal analysis, real estate consulting, highest and best use analysis, feasibility analysis or study, and other appraisal training authorized under state law.

For the purpose of this chapter, experience has been divided into four major categories: (i) fee and staff appraisal, (ii) ad valorem tax appraisal, (iii) review appraisal, and (iv) real estate consulting.

"Fee and staff appraiser experience" means experience acquired as a sole appraiser, as a cosigner, or through disclosure of assistance in the certification in accordance with the Uniform Standards of Professional Appraisal Practice.
"Ad valorem tax appraisal experience" means experience obtained by an individual who assembles and analyzes the relevant facts and who correctly employs those recognized methods and techniques that are necessary to produce and communicate credible appraisals within the context of the real property tax laws.
"Reviewer experience" means experience obtained by an individual who examines the reports of appraisers to determine whether their conclusions are consistent with the data reported and other generally known information. An individual acting in the capacity of a reviewer does not necessarily make personal inspection of real estate but does review and analyze relevant facts assembled by fee and staff appraisers and by the use of reason and exercise of judgment forms objective conclusions as to the validity of fee and staff appraisers' opinions.
"Real estate consulting experience" means experience obtained by an individual who assembles and analyzes the relevant facts and by the use of reason and the exercise of judgment forms objective opinions concerning matters other than value estimates relating to real property.

"Inactive license" means a license status in which the licensee may not practice but can renew the license without meeting continuing education requirements.

"Licensed residential real estate appraiser" means an individual who meets the requirements for licensure for the appraisal of or the review appraisal of any noncomplex, residential real estate or real property of one-to-four residential units, including federally related transactions, where the transaction value or market value as defined by the Uniform Standards of Professional Appraisal Practice is less than $1 million, and complex one-to-four residential units having a transaction value less than $400,000. Licensed residential real estate appraisers may also appraise or provide a review appraisal of noncomplex, nonresidential properties with a transaction value or market value as defined by the Uniform Standards of Professional Appraisal Practice up to $250,000, whichever is the lesser.

"Licensee" means any individual holding a license issued by the board to act as a certified general real estate appraiser, certified residential real estate appraiser, licensed residential real estate appraiser, or appraiser trainee as defined, respectively, in § 54.1-2009 of the Code of Virginia and in this chapter.

"Proprietary school" means a privately owned school offering appraisal or appraisal-related courses approved by the board.

"Provider" means accredited colleges, universities, or junior and community colleges; adult distributive or marketing education programs; local, state, or federal government agencies, boards, or commissions; proprietary schools; or real estate appraisal or real estate related organizations.

"Registrant" means any corporation, partnership, association, or other business entity that provides appraisal services and that is registered with the board in accordance with § 54.1-2011 E of the Code of Virginia.

"Reinstatement" means having a license or registration restored to effectiveness after the expiration date has passed.

"Renewal" means continuing the effectiveness of a license or registration for another period of time.

"Sole proprietor" means any individual, but not a corporation, partnership, or association, who is trading under the individual's own name, or under an assumed or fictitious name pursuant to the provisions of §§ 59.1-69 through 59.1-76 of the Code of Virginia.

"Substantially equivalent" means any educational course or seminar, experience, or examination taken in this or another jurisdiction that is equivalent in classroom hours, course content, and subject, respectively, to those requirements outlined in this chapter and Chapter 20.1 (§ 54.1-2009 et seq.) of Title 54.1 of the Code of Virginia for licensure and renewal.

"Supervising appraiser" means any individual holding a license issued by the board to act as a certified general real estate appraiser or certified residential real estate appraiser who supervises any unlicensed individual acting as a real estate appraiser or an appraiser trainee as specified in this chapter.

"Transaction value" means, for the purpose of this chapter, (i) for appraisal assignments carried out as part of a loan transaction, the amount of the loan, or (ii) for appraisal assignments carried out for other than a loan transaction, the market value of the real property interest.

"Uniform Standards of Professional Appraisal Practice" means the 2020-2021 edition of those standards, effective January 1, 2020, or the 2024 Edition, effective January 1, 2024, of Uniform Standards of Professional Appraisal Practice as incorporated by reference into this chapter, which is promulgated by the Appraisal Standards Board of the Appraisal Foundation for use by all appraisers in the preparation of appraisal reports, and pursuant to the preparation date on the report.

"Valuation" means an estimate or opinion of the value of real property.

"Valuation services" means services pertaining to aspects of property value.

History

Statutory Authority: §§ 54.1-201 and 54.1-2013 of the Code of Virginia.
Historical Notes: Derived from VR583-01-03 § 1.1, eff. April 15, 1992; amended, Virginia Register Volume 11, Issue 4, eff. January 1, 1995; Volume 14, Issue 10, eff. March 4, 1998; Volume 19, Issue 18, eff. July 1, 2003; Volume 24, Issue 6, eff. January 1, 2008; Volume 24, Issue 23, eff. September 1, 2008; Volume 26, Issue 2, eff. November 1, 2009; Volume 31, Issue 20, eff. August 1, 2015; Volume 32, Issue 4, eff. January 1, 2016; Volume 34, Issue 26, eff. October 1, 2018; Volume 36, Issue 15, eff. May 1, 2020; Volume 37, Issue 7, eff. January 1, 2021; Volume 39, Issue 24, eff. August 16, 2023; Volume 42, Issue 9, eff. January 14, 2026.

18VAC130-20-15 Scope of licensure

A. Certified general real estate appraisers may perform appraisal of all types of real estate and real property and must be licensed as a certified general real estate appraiser.

B. Certified residential real estate appraisers may perform the appraisal of or the review appraisal of any residential real estate or real property of one-to-four residential units regardless of transaction value or complexity. Certified residential real estate appraisers may also appraise or provide a review appraisal of nonresidential properties with a transaction value or market value as defined by the Uniform Standards of Professional Appraisal Practice up to $250,000, whichever is the lesser.

C. Licensed residential real estate appraisers may perform the appraisal of or the review appraisal of any noncomplex, residential real estate or real property of one-to-four residential units, including federally related transactions, where the transaction value or market value as defined by the Uniform Standards of Professional Appraisal Practice is less than $1 million, and complex one-to-four residential units having a transaction value less than $400,000. Licensed residential real estate appraisers may also appraise or provide a review appraisal of noncomplex, nonresidential properties with a transaction value or market value as defined by the Uniform Standards of Professional Appraisal Practice up to $250,000, whichever is the lesser.

History

Statutory Authority: § 54.1-2013 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

Part II Entry

18VAC130-20-20 Requirement for registration for business entities

A. All business entities providing appraisal services must register with the board by completing an application furnished by the board.

Partnerships, corporations, and limited liability companies must be registered with the State Corporation Commission.
Business entities trading under a fictitious name must be authorized to conduct business in accordance with Chapter 5 (§ 59.1-69 et seq.) of Title 59.1 of the Code of Virginia.
Applicants must provide a physical address.

B. Every business entity providing appraisal services must provide the name and license number of a board licensee who must serve as the contact person for the board.

History

Statutory Authority: §§ 54.1-201 and 54.1-2013 of the Code of Virginia.
Historical Notes: Derived from VR583-01-03 § 2.1, eff. April 15, 1992; amended, Virginia Register Volume 11, Issue 4, eff. January 1, 1995; Volume 31, Issue 20, eff. August 1, 2015; Volume 36, Issue 15, eff. May 1, 2020; Volume 42, Issue 9, eff. January 14, 2026.

18VAC130-20-30 General qualifications for licensure

Every applicant to the board for a certified general, certified residential, or licensed residential real estate appraiser license must meet the following qualifications:

The applicant must meet the current educational and experience requirements and submit a license application to the department or its agent prior to the time the applicant is approved to take the licensing examination.
The applicant must sign, as part of the application, a statement verifying that the applicant has read and understands the Virginia real estate appraiser license law and the regulations of the board.
The applicant must report any action taken by any board or administrative body in any jurisdiction against a professional or occupational license, certification, or registration issued to the applicant, to include any suspension, revocation, or surrender of a license, certification, or registration, imposition of a monetary penalty, or requirement to take remedial education or other corrective action. The board, in its discretion, may deny licensure to any applicant for any prior action taken by any board or administrative body in any jurisdiction. The applicant has the right to request further review of any such action by the board under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
In accordance with § 54.1-204 of the Code of Virginia, each applicant must disclose the following information:

a. All misdemeanor convictions involving fraudulent or dishonest acts, sexual offense, non-marijuana drug distribution, or physical injury within five years of the date of the application; and

b. All felony convictions.

The board, in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

The applicant must be at least 18 years of age.
The applicant must have successfully completed minimum education standards established by the Appraiser Qualifications Board in its January 2022 Real Property Appraiser Qualification Criteria. The Real Property Appraiser Qualification Criteria and Interpretations of the Criteria, effective January 1, 2022, are incorporated by reference. For applications received on or after January 1, 2026, the applicant must have successfully completed the minimum education standards established by the Appraiser Qualifications Board in its January 2026 Real Property Appraiser Qualification Criteria. The Real Property Appraiser Qualification Criteria, effective January 1, 2026, are incorporated by reference.
The applicant must, as part of the application for licensure, verify the applicant's experience in the field of real estate appraisal.

a. All applicants must submit, upon application, sample appraisal reports as specified by the board.

(1) All experience must be acquired within the five-year period immediately preceding the date application is made and be supported by adequate written reports or file memoranda, which must be made available to the board upon request.

(2) The board, at its discretion, may extend the five-year period for applicants who have suffered serious personal illness or injury, death in the immediate family, obligation of military service or service in the Peace Corps, or for other good cause of similar magnitude approved by the board. Documentation of these circumstances must be provided to the board.

b. Experience requirements.

(1) Fee and staff appraisals. To qualify for fee and staff appraiser experience, an individual must have prepared written appraisal reports that comply with the Uniform Standards of Professional Appraisal Practice and demonstrate competence in the act or process of valuation of real property or preparing an appraisal report.

(2) Ad valorem experience. Ad valorem tax appraisal experience may be obtained either through individual property appraisals or through mass appraisals as long as applicants under this category of experience can demonstrate the use of techniques to value real property similar to those being used by fee and staff appraisers and the effective utilization of the appraisal process.

(a) To qualify for ad valorem tax appraisal experience for individual property appraisals, an individual must have prepared written appraisal reports that comply with the Uniform Standards of Professional Appraisal Practice. An applicant claiming only ad valorem tax appraisal experience must also include a fee and staff appraiser assignment as part of the application.

(b) To qualify for ad valorem tax appraisal experience for mass appraisals, an individual must have prepared mass appraisals or have documented mass appraisal reports that comply with the Uniform Standards of Professional Appraisal Practice, including Standard 6.

(c) To qualify for ad valorem tax appraisal experience, the applicant's experience log must be attested to by the applicant's supervisor.

(3) Reviewer experience. Reviewer experience must not constitute more than 1,000 hours of total experience claimed, and at least 50% of the review experience claimed must be in field review wherein the individual has personally inspected the real property that is the subject of the review.

(a) To qualify for reviewer experience, an individual must have prepared written reports after January 30, 1989, recommending the acceptance, revision, or rejection of the fee and staff appraiser's opinions that comply with the Uniform Standards of Professional Appraisal Practice, including Standard 3.

(b) Signing as "Review Appraiser" on an appraisal report prepared by another will not qualify an individual for experience in the reviewer category. Experience gained in this capacity will be considered under the cosigner subcategory of fee and staff appraiser experience.

(4) Real estate consulting experience. To qualify for real estate consulting experience, an individual must have prepared written reports that comply with the Uniform Standards of Professional Appraisal Practice. Real estate consulting must not constitute more than 500 hours of experience for any type of appraisal license.

c. Experience hours.

(1) The applicant for a licensed residential real estate appraiser license must have a minimum of 1,000 hours of appraisal experience obtained in no fewer than six months. Hours may be treated as cumulative in order to achieve the necessary 1,000 hours of appraisal experience.

(2) The applicant for a certified residential real estate appraiser license must have a minimum of 1,500 hours of appraisal experience obtained in no fewer than 12 months. Hours may be treated as cumulative in order to achieve the necessary 1,500 hours of appraisal experience.

(3) The applicant for a certified general real estate appraiser license must have a minimum of 3,000 hours of appraisal experience obtained in no fewer than 18 months. Hours may be treated as cumulative in order to achieve the necessary 3,000 hours of appraisal experience. At least 50% of the appraisal experience required (1,500 hours) must be in nonresidential appraisal assignments and include assignments that demonstrate the use and understanding of the income approach. An applicant whose nonresidential appraisal experience is predominately in such properties that do not require the use of the income approach may satisfy this requirement by performing two or more appraisals on properties in association with a certified general appraiser that include the use of the income approach. The applicant must provide evidence that the applicant has substantially contributed to the development of the income approach in such reports.

(4) Applicants completing a Licensed Residential Practical Applications of Real Estate Appraisal (PAREA) Program will receive credit for:

(a) 100% of the experience required by board regulations as a condition of licensure as a licensed residential real estate appraiser;

(b) 67% of the experience required by board regulations as a condition of licensure as a certified residential real estate appraiser; or

(c) 33% of the experience required by board regulations as a condition of licensure as a certified general real estate appraiser.

(5) Applicants completing a Certified Residential PAREA Program will receive credit for:

(a) 100% of the experience required by board regulations as a condition of licensure as a licensed residential real estate appraiser or certified residential real estate appraiser; or

(b) 50% of the experience required by board regulations as a condition of licensure as a certified general real estate appraiser.

Applicants must pass the board-approved examination within 24 months of being approved to take the examination.
Applicants for licensure who do not meet the requirements set forth in subdivisions 3 and 4 of this section may be approved for licensure following consideration of their application by the board.

History

Statutory Authority: §§ 54.1-201 and 54.1-2013 of the Code of Virginia.
Historical Notes: Derived from VR583-01-03 § 2.2, eff. April 15, 1992; amended, Virginia Register Volume 11, Issue 4, eff. January 1, 1995; Volume 14, Issue 10, eff. March 4, 1998; Volume 19, Issue 18, eff. July 1, 2003; Volume 24, Issue 6, eff. January 1, 2008; Errata, 25:15 VA.R. 2804 March 30, 2009; amended, Virginia Register Volume 31, Issue 3, eff. January 1, 2015; Volume 31, Issue 20, eff. August 1, 2015; Volume 33, Issue 4, eff. January 1, 2017; Volume 35, Issue 1, eff. November 1, 2018; Volume 38, Issue 6, eff. December 8, 2021; Volume 40, Issue 6, eff. January 1, 2024; Volume 42, Issue 9, eff. January 14, 2026.

18VAC130-20-40 Qualifications for licensure by reciprocity

Every applicant to the board for a license by reciprocity must meet the following qualifications:

The applicant must be at least 18 years of age.
The applicant must, as part of the application, verify that the applicant has read and understands Virginia real estate appraiser license law and the regulations of the board.
The applicant must report any action taken by any board or administrative body in any jurisdiction against a professional or occupational license, certification, or registration issued to the applicant, to include any suspension, revocation, or surrender of a license, certification, or registration, imposition of a monetary penalty, or requirement to take remedial education or other corrective action. The board, in its discretion, may deny licensure to any applicant for any prior action taken by any board or administrative body in any jurisdiction. The applicant has the right to request further review of any such action by the board under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
In accordance with § 54.1-204 of the Code of Virginia, each applicant must disclose the following information:

a. All misdemeanor convictions involving fraudulent or dishonest acts, sexual offense, non-marijuana drug distribution, or physical injury within five years of the date of the application; and

b. All felony convictions.

The board, in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

Applicants for licensure who do not meet the requirements set forth in subdivisions 3 and 4 of this section may be approved for licensure following consideration by the board.

History

Statutory Authority: §§ 54.1-201 and 54.1-2013 of the Code of Virginia.
Historical Notes: Derived from VR583-01-03 § 2.3, eff. April 15, 1992; amended, Virginia Register Volume 11, Issue 4, eff. January 1, 1995; Volume 19, Issue 18, eff. July 1, 2003; Volume 42, Issue 9, eff. January 14, 2026.

18VAC130-20-50 Qualifications for temporary licensure

A. An individual who is currently licensed or certified as a real estate appraiser in another jurisdiction may obtain a temporary Virginia real estate appraiser's license as required by § 1121 of the Federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 USC § 1811).

B. The appraiser's permanent certification or license issued by another state will be recognized as equivalent to a Virginia license provided that:

The appraiser's business is of a temporary nature and is limited to one specific assignment not to exceed 12 months. A specific assignment may include multiple properties. The temporary assignment must be complete prior to the expiration date of the permanent certification or license issued by another state.
The applicant must, as part of the application, verify that the applicant has read and understands the Virginia real estate appraiser license law and the regulations of the board.
The applicant must report any action taken by any board or administrative body in any jurisdiction against a professional or occupational license, certification, or registration issued to the applicant, to include any suspension, revocation, or surrender of a license, certification, or registration, imposition of a monetary penalty, or requirement to take remedial education or other corrective action. The board, in its discretion, may deny licensure to any applicant for any prior action taken by any board or administrative body in any jurisdiction. The applicant has the right to request further review of any such action by the board under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
In accordance with § 54.1-204 of the Code of Virginia, each applicant must disclose the following information:

a. All misdemeanor convictions involving fraudulent or dishonest acts, sexual offense, non-marijuana drug distribution, or physical injury within five years of the date of the application; and

b. All felony convictions.

The board, in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

Applicants for licensure who do not meet the requirements set forth in subdivisions 3 and 4 of this section may be approved for licensure following consideration by the board.

C. Applicants for temporary licensure must verify the information described in subsections A and B of this section on an application form provided by the board. A temporary license cannot be renewed. More than one temporary license may be issued per year.

History

Statutory Authority: §§ 54.1-201 and 54.1-2013 of the Code of Virginia.
Historical Notes: Derived from VR583-01-03 § 2.4, eff. April 15, 1992; amended, Virginia Register Volume 11, Issue 4, eff. January 1, 1995; Volume 19, Issue 18, eff. July 1, 2003; Volume 42, Issue 9, eff. January 14, 2026.

18VAC130-20-60 Qualifications for licensure as an appraiser trainee

An applicant for licensure as an appraiser trainee must meet the following educational requirements in addition to those set forth in subdivisions 1 through 5 and 9 of 18VAC130-20-30.

Within the five-year period immediately preceding application for licensure, the applicant must have successfully completed 75 hours of approved real estate appraisal courses from accredited colleges, universities, or junior and community colleges; adult distributive or marketing education programs; local, state, or federal government agencies, boards, or commissions; proprietary schools; or real estate appraisal or real estate related organizations. The classroom hours must include the 15-Hour National Uniform Standards of Professional Appraisal Practice course.
Complete an Appraiser Qualifications Board approved course specifically oriented to the requirements and responsibilities of supervising appraisers and appraiser trainees.
There is no experience requirement for the appraiser trainee classification.
Responsibilities of supervising appraisers.

a. The appraiser trainee must be subject to direct supervision by a supervising appraiser who completed an Appraiser Qualifications Board approved course specifically oriented to the requirements and responsibilities of supervising appraisers and appraiser trainees, has been state certified for at least three years, is in good standing, and has not been subject to any disciplinary action within the last three years that affects the supervising appraiser's legal eligibility to engage in appraisal practice.

b. The supervising appraiser must be responsible for the training and direct supervision of the appraiser trainee by:

(1) Accepting responsibility for the appraisal report by signing and certifying the report is in compliance with the Uniform Standards of Professional Appraisal Practice;

(2) Reviewing the appraiser trainee appraisal reports; and

(3) Personally inspecting each appraised property with the appraiser trainee until the supervising appraiser determines the appraiser trainee is competent in accordance with the Competency Provision of the Uniform Standards of Professional Appraisal Practice for the property type.

c. The appraiser trainee is permitted to have more than one supervising appraiser, but a supervising appraiser may not supervise more than three trainees at one time, unless a state program in the licensing jurisdiction provides for progress monitoring, supervising certified appraiser qualifications, and supervision and oversight requirements for supervising appraisers.

d. An appraisal experience log must be maintained jointly by the supervising appraiser and the appraiser trainee. It is the responsibility of both the supervising appraiser and the appraiser trainee to ensure the appraisal experience log is accurate, current, and complies with the board's requirements. At a minimum, the appraisal log requirements are (i) type of property, (ii) date of report, (iii) address of appraised property, (iv) description of work performed by the appraiser trainee and scope of the review and supervision of the supervising appraiser, (v) number of actual work hours by the appraiser trainee on the assignment, and (vi) the signature and state certification number of the supervising appraiser. Separate appraisal logs must be maintained for each supervising appraiser, if applicable.

History

Statutory Authority: §§ 54.1-201 and 54.1-2013 of the Code of Virginia.
Historical Notes: Derived from VR583-01-03 § 2.5, eff. April 15, 1992; amended, Virginia Register Volume 11, Issue 4, eff. January 1, 1995; Volume 19, Issue 18, eff. July 1, 2003; Volume 24, Issue 6, eff. January 1, 2008; Volume 29, Issue 19, eff. July 1, 2013; Volume 31, Issue 3, eff. January 1, 2015; Volume 42, Issue 9, eff. January 14, 2026.

18VAC130-20-70 Requirement for the certification of appraisal education instructors

Pursuant to the mandate of Title 11 of the Federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989 and § 54.1-2013 of the Code of Virginia, instructors teaching prelicense educational offerings who are not employed or contracted by accredited colleges, universities, junior and community colleges, adult distributive, or marketing education programs are required to be certified by the board. All Uniform Standards of Professional Appraisal Practice courses taught for prelicense and continuing education credit must be taught by instructors certified by the Appraiser Qualifications Board.

History

Statutory Authority: § 54.1-2013 of the Code of Virginia.
Historical Notes: Derived from VR583-01-03 § 2.6, eff. April 15, 1992; amended, Virginia Register Volume 11, Issue 4, eff. January 1, 1995; Volume 19, Issue 18, eff. July 1, 2003; Volume 24, Issue 23, eff. September 1, 2008; Volume 42, Issue 9, eff. January 14, 2026.

18VAC130-20-80 Qualifications for the certification of pre-licensure instructors

The applicant for certification as a pre-licensure instructor must have:

A baccalaureate degree in real estate, economics, finance, or business and have satisfied the state appraisal licensing educational requirements for the level being instructed;
A current certified residential or certified general appraisal license appropriate for the level being instructed and two years of experience as an instructor or teacher at the secondary or post-secondary level; or
Seven years of active experience acquired in the appraisal field in the past 10 years, an appraisal license that has been in good standing for at least two years, and a current certified residential or certified general appraisal license appropriate for the level being instructed.

History

Statutory Authority: §§ 54.1-2013, 54.1-2014 and 54.1-2016 of the Code of Virginia.
Historical Notes: Derived from VR583-01-03 § 2.7, eff. April 15, 1992; amended, Virginia Register Volume 11, Issue 4, eff. January 1, 1995; Volume 42, Issue 9, eff. January 14, 2026.

18VAC130-20-90 Application and registration fees

All fees are nonrefundable and will not be prorated.

Application fees for registrations, certificates, and licenses are as follows:

| Registration of Business Entity | $160 | | --- | --- | | Certified General Real Estate Appraiser | $252.50 | | Temporary Certified General Real Estate Appraiser | $75 | | Certified Residential Real Estate Appraiser | $252.50 | | Temporary Certified Residential Real Estate Appraiser | $75 | | Licensed Residential Real Estate Appraiser | $252.50 | | Temporary Licensed Residential Real Estate Appraiser | $75 | | Appraiser Trainee | $117.50 | | Upgrade of License | $130 | | Instructor Certification | $150 |

The fee for examination or reexamination is subject to contracted charges to the department by an outside vendor. These contracts are competitively negotiated and bargained for in compliance with the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia). Fees may be adjusted and charged to the candidate in accordance with this contract.
An $80 National Registry fee assessment for all permanent license applicants is to be assessed of each applicant in accordance with § 1109 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 USC §§ 3331 through 3351). This fee may be adjusted and charged to the applicant in accordance with the Financial Institutions Reform, Recovery, and Enforcement Act. If the applicant fails to qualify for licensure, then this assessment fee will be refunded.

History

Statutory Authority: §§ 54.1-201 and 54.1-2013 of the Code of Virginia.
Historical Notes: Derived from VR583-01-03 § 2.8, eff. April 15, 1992; amended, Virginia Register Volume 11, Issue 4, eff. January 1, 1995; Volume 13, Issue 8, eff. March 1, 1997; Volume 14, Issue 10, eff. March 4, 1998; Volume 28, Issue 4, eff. January 1, 2012; Volume 29, Issue 4, eff. January 1, 2013; Volume 31, Issue 20, eff. August 1, 2015; Volume 34, Issue 9, eff. February 1, 2018; Volume 42, Issue 9, eff. January 14, 2026.

Part III Renewal of License/Registration/Certification

18VAC130-20-100 Renewal required

All licenses and certifications issued under this chapter for certified general real estate appraisers, certified residential real estate appraisers and licensed residential real estate appraisers, appraiser trainees, and instructors and registrations issued for business entities will expire two years from the last day of the month in which they were issued, as indicated on the license, certificate, or registration.

History

Statutory Authority: §§ 54.1-2013, 54.1-2014 and 54.1-2016 of the Code of Virginia.
Historical Notes: Derived from VR 583-01-03 § 3.1, eff. April 15, 1992; amended, Virginia Register Volume 11, Issue 4, eff. January 1, 1995; Volume 42, Issue 9, eff. January 14, 2026.

18VAC130-20-110 Qualifications for renewal

A. As a condition of renewal, and under § 54.1-2014 of the Code of Virginia, all active certified general real estate appraisers, certified residential real estate appraisers, and licensed residential real estate appraisers are required to complete continuing education courses satisfactorily within each licensing term as follows:

All real estate appraisers must satisfactorily complete continuing education courses or seminars offered by a provider of not less than 28 hours during each licensing term.
All real estate appraisers may also satisfy up to one half of an individual's continuing education requirements by participation other than as a student in educational processes and programs approved by the board to be substantially equivalent for continuing education purposes, including teaching, program development, or authorship of textbooks.
Seven of the classroom hours completed to satisfy the continuing education requirements must be the National Uniform Standards of Professional Appraisal Practice (USPAP) update course.
Aside from complying with the requirement to complete the seven-hour National USPAP update course, appraisers may not receive credit for completion of the same continuing education course within a licensing term.
As part of the required hours, all real estate appraisers must complete a course that meets the content requirements of the Valuation Bias and Fair Housing Laws and Regulations Outline established by the Appraiser Qualifications Board. On or after January 1, 2026, the first time an appraiser completes this continuing education requirement, the minimum course length must be seven hours, unless the appraiser successfully completed an eight-hour course (seven hours plus a one-hour examination) as part of qualifying education. Each subsequent time an appraiser completes this continuing education requirement, the minimum course length must be four hours. Such course must be (i) approved by the Appraiser Qualifications Board or (ii) approved by the board in accordance with Part V (18VAC130-20-200 et seq.) of this chapter.

B. As a condition of renewal, all licensed real estate appraiser trainees must meet the continuing education requirements set forth in subsection A of this section.

C. All applicants for renewal of a license must meet the standards for entry as set forth in subdivisions 2 and 3 of 18VAC130-20-30.

D. Applicants for the renewal of a registration must meet the requirement for registration as set forth in 18VAC130-20-20.

E. Licensees applying to activate an inactive license must complete all continuing education requirements that would have been required in the current license term if the licensee was active prior to application to activate the license.

History

Statutory Authority: §§ 54.1-201 and 54.1-2013 of the Code of Virginia.
Historical Notes: Derived from VR 583-01-03 § 3.2, eff. April 15, 1992; amended, Virginia Register Volume 11, Issue 4, eff. January 1, 1995; Volume 14, Issue 10, eff. March 4, 1998; Volume 19, Issue 18, eff. July 1, 2003; Volume 24, Issue 6, eff. January 1, 2008; Volume 29, Issue 19, eff. July 1, 2013; Volume 31, Issue 3, eff. January 1, 2015; Volume 39, Issue 24, eff. August 16, 2023; Volume 42, Issue 9, eff. January 14, 2026; Volume 42, Issue 20, eff. June 17, 2026.

18VAC130-20-120 Procedures for renewal

A. The board will send a renewal notice to the licensee and certificate holder. The board will send a renewal notice to the registered firm. Failure to receive the renewal notice does not relieve the licensee, certificate holder, or registrant of the obligation to renew.

B. Prior to the expiration date shown on the license or registration, each licensee, certificate holder, or registrant desiring to renew the license, certificate, or registration must return to the board the appropriate renewal and registry fees as outlined in 18VAC130-20-130.

C. Renewal and reinstatement.

The date on which the renewal and registry fees are received by the department or its agent will determine whether the licensee, certificate holder, or registrant is eligible for renewal.
If the renewal registry fees are not received by the department or its agent within 30 days of the expiration date, the licensee, certificate holder, or registrant must reinstate the license, certificate, or registration by meeting all requirements listed in 18VAC130-20-110 and pay a reinstatement fee as specified in 18VAC130-20-130.
Two years after the expiration date on the license, certificate, or registration, reinstatement is no longer possible. To resume practice, the former licensee, certificate holder, or registrant must reapply for licensure as a new applicant, meeting current education, examination, and experience requirements.
When a license is reinstated, the licensee will continue to have the same license number and will be assigned an expiration date two years from the date of the last day of the month of reinstatement.
A licensee that reinstates a license will be regarded as having been continuously licensed without interruption. Therefore, a licensee will be subject to the authority of the board for activities performed prior to reinstatement.
A licensee that fails to reinstate a license will be regarded as unlicensed from the expiration date of the license forward. Nothing in this chapter divests the board of its authority to discipline a licensee for a violation of the law or regulations during the period of time for which the individual was licensed.

History

Statutory Authority: §§ 54.1-201 and 54.1-2013 of the Code of Virginia.
Historical Notes: Derived from VR583-01-03 § 3.3, eff. April 15, 1992; amended, Virginia Register Volume 11, Issue 4, eff. January 1, 1995; Volume 14, Issue 10, eff. March 4, 1998; Volume 31, Issue 20, eff. August 1, 2015; Volume 41, Issue 21, eff. July 17, 2025; Volume 42, Issue 9, eff. January 14, 2026.

18VAC130-20-130 Fees for renewal and reinstatement

A. All fees are nonrefundable and will not be prorated.

B. National Registry fee assessment. In accordance with the requirements of § 1109 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (the Act), $80 of the biennial renewal or reinstatement fee assessed for all certified general real estate appraisers, certified residential real estate appraisers, and licensed residential real estate appraisers must be submitted to the Appraisal Subcommittee. The registry fee may be adjusted in accordance with the Act and charged to the licensee.

C. Renewal fees are as follows:

| Certified general real estate appraiser | $167.50 | | --- | --- | | Certified residential real estate appraiser | $167.50 | | Licensed residential real estate appraiser | $167.50 | | Appraiser trainee | $87.50 | | Registered business entity | $120 | | Certified instructor | $150 |

D. Reinstatement fees are as follows:

| Certified general real estate appraiser | $347.50 | | --- | --- | | Certified residential real estate appraiser | $347.50 | | Licensed residential real estate appraiser | $347.50 | | Appraiser trainee | $212.50 | | Registered business entity | $280 | | Certified instructor | $300 |

History

Statutory Authority: §§ 54.1-201 and 54.1-2013 of the Code of Virginia.
Historical Notes: Derived from VR583-01-03 § 3.4, eff. April 15, 1992; amended, Virginia Register Volume 11, Issue 4, eff. January 1, 1995; Volume 13, Issue 8, eff. March 1, 1997; Volume 15, Issue 14, eff. May 1, 1999; Volume 28, Issue 4, eff. January 1, 2012; Volume 29, Issue 4, eff. January 1, 2013; Volume 31, Issue 20, eff. August 1, 2015; Volume 34, Issue 9, eff. February 1, 2018; Volume 37, Issue 16, eff. May 1, 2021; Volume 39, Issue 16, eff. May 1, 2023; Volume 42, Issue 9, eff. January 14, 2026.

18VAC130-20-140 (Repealed.)

History

Historical Notes: Derived from VR583-01-03 § 3.5, eff. April 15, 1992; amended, Virginia Register Volume 11, Issue 4, eff. January 1, 1995; repealed, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

18VAC130-20-150 Board discretion to deny renewal or reinstatement

The board may deny renewal or reinstatement of a license, certification or registration for the same reasons as it may refuse initial licensure or registration or discipline a current licensee or registrant.

History

Statutory Authority: §§ 54.1-2013, 54.1-2014 and 54.1-2016 of the Code of Virginia.
Historical Notes: Derived from VR583-01-03 § 3.6, eff. April 15, 1992; amended, Virginia Register Volume 11, Issue 4, eff. January 1, 1995.

Part IV Standards

18VAC130-20-160 Grounds for disciplinary action

A. The board has the power to fine any licensee, registrant, or certificate holder; to place any licensee, registrant, or certificate holder on probation; and to suspend or revoke any license, registration, or certification issued under the provisions of Chapter 20.1 (§ 54.1-2009 et seq.) of Title 54.1 of the Code of Virginia and the regulations of the board, in accordance with subdivision A 7 of § 54.1-201, § 54.1-202, and the provisions of the Administrative Process Act, Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia, when any licensee, registrant, or certificate holder has been found to have violated or cooperated with others in violating any provision of Chapter 20.1 of Title 54.1 of the Code of Virginia, any relevant provision of the Uniform Standards of Professional Appraisal Practice as developed by the Appraisal Standards Board of the Appraisal Foundation, or any regulation of the board.

B. An appraiser trainee may be subject to disciplinary action for his actions even if acting under the supervision of a supervising appraiser.

History

Statutory Authority: §§ 54.1-201 and 54.1-2013 of the Code of Virginia.
Historical Notes: Derived from VR 583-01-03 § 4.1, eff. April 15, 1992; amended, Virginia Register Volume 11, Issue 4, eff. January 1, 1995; Volume 31, Issue 20, eff. August 1, 2015; Volume 42, Issue 9, eff. January 14, 2026.

18VAC130-20-170 Standards of ethical conduct

In obtaining a real estate appraiser license and performing a real estate appraisal, a licensee must comply with each provision of the Uniform Standards of Professional Appraisal Practice Ethics Rule and the following standards of ethical conduct:

All applicants for licensure must follow all rules established by the board with regard to conduct at the examination. Such rules include any written instructions communicated prior to the examination date and any instruction communicated at the site, either written or oral, on the date of the examination. Failure to comply with all rules established by the board or a testing service acting on behalf of the board with regard to conduct at the examination may be grounds for denial of a license.
A licensee, certificate holder, or registrant will not obtain or attempt to obtain a license, certification, or registration by false or fraudulent representation.
A licensee, registrant, or certificate holder will not make any misrepresentation.

History

Statutory Authority: §§ 54.1-201 and 54.1-2013 of the Code of Virginia.
Historical Notes: Derived from VR583-01-03 § 4.2, eff. April 15, 1992; amended, Virginia Register Volume 11, Issue 4, eff. January 1, 1995; Volume 19, Issue 18, eff. July 1, 2003; Volume 24, Issue 6, eff. January 1, 2008; Volume 42, Issue 9, eff. January 14, 2026.

18VAC130-20-180 Standards of professional practice

A. The provisions of subsections C through L of this section will not apply to local, state, and federal employees performing in their official capacity.

B. Maintenance of licenses. The board is not responsible for the failure of a licensee, registrant, or certificate holder to receive notices, communications, and correspondence.

Change of address. All licensed real estate appraisers, appraiser trainees, and certified instructors must at all times keep the board informed in writing of their current home address.

Registered real estate appraisal business entities must at all times keep the board informed in writing of their current business address. Licensees, registrants, and certificate holders must report any change of address to the board within 30 days of such change.

Change of name or business entity.

a. All real estate appraisers, appraiser trainees, and certified instructors must notify the board in writing within 30 days and provide appropriate written legal verification of any change of name.

b. Registered real estate appraisal business entities must notify the board of any change of name within 30 days.

c. Whenever the legal business entity holding the registration is dissolved or altered to form a new business entity, the original registration becomes void and must be returned to the board within 30 days of the change. Additionally, the firm must apply for a new registration within 30 days of the change in the business entity. Such changes include:

(1) Death of a sole proprietor;

(2) Death or withdrawal of a general partner in a general partnership or the managing partner in a limited partnership; and

(3) Conversion, formation, or dissolution of a corporation, a limited liability company, an association, or any other business entity recognized under the laws of the Commonwealth of Virginia.

No license, certification, or registration issued by the board will be assigned or otherwise transferred.
All licensees, certificate holders, and registrants must operate under the name in which the license or registration is issued.

C. Use of signature and transmission of report.

The signing or transmission of an appraisal report indicates that the licensee has exercised complete direction and control over the appraisal.
All original appraisal reports must be signed by the licensed appraiser and contain the license number of the appraiser. For form appraisals, the signature must appear on the page designated for the appraiser's signature and final estimate of value. All temporary licensed real estate appraisers must sign and affix the temporary license to the appraisal report or letter for which the appraiser obtained the license to authenticate such report or letter. An appraiser may provide market analysis studies or consulting reports, which do not constitute appraisals of market value, provided such reports, studies, or evaluations must contain a conspicuous statement that such reports, studies, or evaluations are not an appraisal as defined in § 54.1-2009 of the Code of Virginia.

D. Development of appraisal. In developing a real property appraisal, all licensees must comply with the provisions of the Uniform Standards of Professional Appraisal Practice.

E. Appraisal report requirements. In reporting a real property appraisal, a licensee must meet the requirements of the Uniform Standards of Professional Appraisal Practice.

F. Reviewing an appraisal. In performing a review appraisal, a licensee must comply with the requirements of the Uniform Standards of Professional Appraisal Practice. The reviewer's signature and license number must appear on the certification page of the report.

G. Mass appraisals. In developing and reporting a mass appraisal for ad valorem tax purposes, a licensee must comply with the requirements of the Uniform Standards of Professional Appraisal Practice.

H. Recordkeeping requirements.

A licensee must abide by the Record Keeping Rule as stated in the Uniform Standards of Professional Appraisal Practice.
A licensee or registrant of the board must, upon request or demand, promptly produce to the board or any of its agents within 10 days of the request, any document, book, record, work file, or electronic record in a licensee's possession concerning any appraisal that the licensee performed, or for which the licensee is required to maintain records for inspection by the board or its agents. The board or any of its agents may extend such timeframe upon a showing of extenuating circumstances prohibiting delivery within such 10-day period.
The appraiser trainee is entitled to obtain copies of appraisal reports and work files prepared by the appraiser trainee. The supervising appraiser must keep copies of appraisal reports for a period of at least five years or at least two years after final disposition of any judicial proceedings in which testimony was given, whichever period expires last.

I. Disclosure requirements. A licensee appraising property in which the licensee, any member of the licensee's family, the licensee's firm, any member of the licensee's firm, or any entity in which the licensee has an ownership interest has any interest must disclose, in writing, to any client such interest in the property and the licensee's status as a real estate appraiser licensed in the Commonwealth of Virginia. As used in the context of this chapter, "any interest" includes an ownership interest in the property to be appraised or in an adjacent property or involvement in the transaction, such as deciding whether to extend credit to be secured by such property.

J. Competency. A licensee must abide by the Competency Rule as stated in the Uniform Standards of Professional Appraisal Practice.

K. Scope of work. A licensee must abide by the Scope of Work Rule as stated in the Uniform Standards of Professional Appraisal Practice.

L. Jurisdictional exception. A licensee must abide by the Jurisdictional Exception Rule as stated in the Uniform Standards of Professional Appraisal Practice.

M. Prohibited acts.

A licensee must act as a certified general real estate appraiser, certified residential real estate appraiser, or licensed residential real estate appraiser in such a manner as to safeguard the interests of the public and must not engage in improper, fraudulent, or dishonest conduct.
A licensee may not have been convicted, found guilty, or pled guilty, regardless of adjudication, in any jurisdiction of the United States of a misdemeanor involving fraudulent or dishonest acts or of any felony there being no appeal pending therefrom or the time for appeal having elapsed.
A licensee must inform the board in writing within 30 days of being convicted, regardless of adjudication, of any felony or of a misdemeanor involving fraudulent or dishonest acts in any jurisdiction.
A licensee may not have had a license or certification as a real estate appraiser that was suspended, revoked, or surrendered in connection with a disciplinary action or that has been the subject of discipline in any jurisdiction.
A licensee must inform the board in writing within 30 days of any disciplinary action taken in any jurisdiction against any appraiser license or certification to include the suspension, revocation, or surrender of an appraiser license or certification.
A licensee must perform all appraisals in accordance with Virginia Fair Housing Law (§ 36-96.1 et seq. of the Code of Virginia).
A licensee must respond to an inquiry by the board or its agents, other than requested under subdivision H 2 of this section, within 21 days.
A licensee must not provide false, misleading, or incomplete information in the investigation of a complaint filed with the board.

History

Statutory Authority: §§ 54.1-201 and 54.1-2013 of the Code of Virginia.
Historical Notes: Derived from VR583-01-03 § 4.3, eff. April 15, 1992; amended, Virginia Register Volume 11, Issue 4, eff. January 1, 1995; Volume 14, Issue 10, eff. March 4, 1998; Volume 19, Issue 18, eff. July 1, 2003; Volume 24, Issue 6, eff. January 1, 2008; Volume 24, Issue 23, eff. September 1, 2008; Volume 31, Issue 20, eff. August 1, 2015; Volume 36, Issue 15, eff. May 1, 2020; Volume 42, Issue 9, eff. January 14, 2026; Volume 42, Issue 23, eff. July 29, 2026.

18VAC130-20-190 Standards of conduct for certified appraiser education instructors

A. Instructors must develop a record for each student that includes the student's nameand address,the course name,the course hoursand dates given,and the date the course was passed. This record must be retained by the course provider.

B. Prohibited acts.

The instructor must act as a certified general real estate appraiser, certified residential real estate appraiser, or licensed residential real estate appraiser in such a manner as to safeguard the interests of the public and must not engage in improper, fraudulent, or dishonest conduct.
The instructor may not have been convicted, found guilty, or pled guilty, regardless of adjudication, in any jurisdiction of the United States of a misdemeanor involving fraudulent or dishonest acts or of any felony there being no appeal pending therefrom or the time for appeal having elapsed.
The instructor must inform the board in writing within 30 days of pleading guilty or nolo contendere or being convicted or found guilty, regardless of adjudication, of any felony or of a misdemeanor involving fraudulent or dishonest acts.
The instructor may not have had a license or certification as a real estate appraiser that has been (i) suspended, revoked, or surrendered in connection with a disciplinary action or (ii) the subject of discipline in any jurisdiction.
The instructor must inform the board in writing within 30 days of any disciplinary action taken in any jurisdiction against any appraiser license or certification to include the suspension, revocation, or surrender of an appraiser license or certification.
The instructor, who is also a licensed appraiser, must perform all appraisals in accordance with Virginia Fair Housing Law (§ 36-96.1 et seq. of the Code of Virginia).
The instructor must respond to an inquiry by the board or its agents within 21 days.
The instructor must not provide false, misleading, or incomplete information in the investigation of a complaint filed with the board.

History

Statutory Authority: §§ 54.201 and 54.1-2013 of the Code of Virginia.
Historical Notes: Derived from VR583-01-03 § 4.4, eff. April 15, 1992; amended, Virginia Register Volume 11, Issue 4, eff. January 1, 1995; Volume 31, Issue 20, eff. August 1, 2015; Volume 42, Issue 9, eff. January 14, 2026.

Part V Educational Offerings

18VAC130-20-200 Requirement for the approval of appraisal educational offerings

Pursuant to the mandate of Title 11 of the Federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989, § 54.1-2013 of the Code of Virginia, and the qualifications criteria set forth by the Appraisal Qualifications Board of the Appraisal Foundation, all educational offerings submitted for prelicensure and continuing education credit must be approved by the board. Educational offerings that have been approved by the Appraiser Qualifications Board are considered to have met the standards for approval set forth in this chapter. Prelicense course applications received by the department or the department's agent must be complete within 12 months of the date of the receipt of the application and fee by the department or the department's agent.

History

Statutory Authority: § 54.1-2013 of the Code of Virginia.
Historical Notes: Derived from VR 583-01-03 § 5.1, eff. April 15, 1992; amended, Virginia Register Volume 11, Issue 4, eff. January 1, 1995; Volume 19, Issue 18, eff. July 1, 2003; Volume 24, Issue 23, eff. September 1, 2008; Volume 42, Issue 9, eff. January 14, 2026.

18VAC130-20-210 Standards for the approval of appraisal educational offerings for prelicensure credit

A. Content.

Prior to licensure, applicants must have successfully completed (i) the 15-hour National Uniform Standards of Professional Appraisal Practice course and (ii) an eight-hour valuation bias and fair housing laws and regulations course.
While various appraisal courses may be credited toward the classroom requirement specified for each classification of licensure, all applicants for licensure as an appraiser trainee or a licensed residential, certified residential, or certified general real estate appraiser must demonstrate that course work included coverage of the required topics listed in this subdivision.

| Basic appraisal principles (30 hours) | | --- | | Basic appraisal procedures (30 hours) | | Residential market analysis and highest and best use (15 hours) | | Residential appraiser site valuation and cost approach (15 hours) | | Residential sales comparison and income approaches (30 hours) | | Residential report writing and case studies (15 hours) | | Statistics, modeling and finance (15 hours) | | Advanced residential applications and case studies (15 hours) | | General appraiser market analysis and highest and best use (30 hours) | | General appraiser sales comparison approach (30 hours) | | General appraiser site valuation and cost approach (30 hours) | | General appraiser income approach (60 hours) | | General appraiser report writing and case studies (30 hours) |

All appraisal and appraisal-related offerings presented for prelicense credit must have a final, written examination. The examination may not be an open book examination.
Credit toward the classroom hour requirement to satisfy the educational requirement prior to licensure will be granted only where the length of the educational offering is at least 15 classroom hours, except for the eight-hour course on valuation bias and fair housing laws and regulations.

B. Instruction. With the exception of courses taught at accredited colleges, universities, junior and community colleges, or adult distributive or marketing education programs, all other prelicense educational offerings given after January 1, 1993, must be taught by instructors certified by the board. All courses in the Uniform Standards of Professional Appraisal Practice must be instructed by an Appraisal Qualifications Board certified instructor.

History

Statutory Authority: §§ 54.1-201 and 54.1-2013 of the Code of Virginia.
Historical Notes: Derived from VR583-01-03 § 5.2, eff. April 15, 1992; amended, Virginia Register Volume 11, Issue 4, eff. January 1, 1995; Volume 14, Issue 10, eff. March 4, 1998; Volume 19, Issue 18, eff. July 1, 2003; Volume 24, Issue 6, eff. January 1, 2008; Volume 42, Issue 9, eff. January 14, 2026; Volume 42, Issue 20, eff. June 17, 2026.

18VAC130-20-220 Standards for the approval of appraisal educational offerings for continuing education credit

A. Content.

The content of courses, seminars, workshops, or conferences that may be accepted for continuing education credit includes those topics listed in 18VAC130-20-210 A 2 and this subdivision.

| Ad valorem taxation | | --- | | Valuation bias | | Arbitration, dispute resolution | | Courses related to the practice of real estate appraisal or consulting | | Development cost estimating | | Ethics and standards of professional practice, Uniform Standards of Professional Appraisal Practice | | Fair housing | | Land use planning, zoning | | Management, leasing, timesharing | | Property development, partial interests | | Real estate financing and investment | | Real estate law, easements, and legal interests | | Real estate litigation, damages, condemnation | | Real estate appraisal related computer applications | | Real estate securities and syndication | | Developing opinions of real property value in appraisals that also include personal property or business value | | Seller concessions and impact on value | | Energy efficient items and "green building" appraisals |

Any course related to valuation bias and fair housing laws and regulations designed to meet the requirements of 18VAC130-20-110 A 5 must meet the content requirements of the Valuation Bias and Fair Housing Laws and Regulations Outline established by the Appraiser Qualifications Board.
Courses, seminars, workshops, or conferences submitted for continuing education credit must indicate that the licensee participated in an educational program that maintained and increased the licensee's knowledge, skill, and competency in real estate appraisal.
Credit toward the classroom hour requirement to satisfy the continuing education requirements will be granted only where the length of the educational offering is at least two hours and the licensee participated in the full length of the program.

B. Instruction. Although continuing education offerings are not required to be taught by board-certified instructors, the Uniform Standards of Professional Appraisal Practice course must be taught by an Appraiser Qualifications Board certified instructor who is also a state certified appraiser.

History

Statutory Authority: §§ 54.1-201 and 54.1-2013 of the Code of Virginia.
Historical Notes: Derived from VR583-01-03 § 5.3, eff. April 15, 1992; amended, Virginia Register Volume 11, Issue 4, eff. January 1, 1995; Volume 14, Issue 10, eff. March 4, 1998; Volume 19, Issue 18, eff. July 1, 2003; Volume 24, Issue 6, eff. January 1, 2008; Volume 31, Issue 3, eff. January 1, 2015; Volume 39, Issue 24, eff. August 16, 2023; Volume 42, Issue 9, eff. January 14, 2026; Volume 42, Issue 20, eff. June 17, 2026.

18VAC130-20-230 Procedures for awarding prelicense and continuing education credits

A. Course credits will be awarded only once per license cycle for courses having substantially equivalent content.

B. Proof of completion of such course, seminar, workshop, or conference may be in the form of a transcript, certificate, letter of completion, or any such written form as may be required by the board. All courses, seminars, and workshops submitted for prelicensure and continuing education credit must indicate the number of classroom hours.

C. The board may request additional information in order to evaluate course content, including course descriptions, syllabi, or textbook references.

D. All transcripts, certificates, letters of completion, or similar documents submitted to verify completion of seminars, workshops, or conferences for continuing education credit must indicate successful completion of the course, seminar, workshop, or conference. Applicants must furnish written proof of having received a passing grade in all prelicense education courses submitted.

E. All courses, seminars, workshops, or conferences submitted for satisfaction of continuing education requirements must be satisfactory to the board.

F. Distance education courses may be acceptable to meet prelicense education and continuing education requirements provided the course is approved by the board. Such courses must meet the following standards:

The course is presented by an accredited college or university that offers distance education programs in other disciplines or the course has received approval of the International Distance Education Certification Center (IDECC) for the course design and delivery mechanism, and either the approval of the Appraiser Qualifications Board through its course approval program or the approval of the board for the content of the course.
The course meets the requirements for qualifying education or continuing education, as applicable, established by the Appraiser Qualifications Board;
The course meets classroom hour requirements.

a. For a prelicense education course, the course must be equivalent to the minimum of 15 classroom hours, except for an eight-hour course on valuation bias and fair housing laws and regulations.

b. For a continuing education course, the course must be a minimum of two classroom hours; and

The course provides for a written examination proctored by an official approved by the presenting college or university or by the sponsoring organization consistent with the requirements of the course accreditation, or if no written examination is required for accreditation, completion of the course mechanisms required for accreditation demonstrates mastery and fluency.

History

Statutory Authority: §§ 54.1-201 and 54.1-2013 of the Code of Virginia.
Historical Notes: Derived from VR583-01-03 § 5.4, eff. April 15, 1992; amended, Virginia Register Volume 11, Issue 4, eff. January 1, 1995; Volume 14, Issue 10, eff. March 4, 1998; Volume 19, Issue 18, eff. July 1, 2003; Volume 24, Issue 6, eff. January 1, 2008; Volume 24, Issue 23, eff. September 1, 2008; Volume 31, Issue 3, eff. January 1, 2015; Volume 42, Issue 9, eff. January 14, 2026; Volume 42, Issue 20, eff. June 17, 2026.

18VAC130-20-240 Course approval fees

| Course Approval Fee | $150 | | --- | --- |

History

Statutory Authority: §§ 54.1-201 and 54.1-2013 of the Code of Virginia.
Historical Notes: Derived from VR583-01-03 § 5.5, eff. April 15, 1992; amended, Virginia Register Volume 11, Issue 4, eff. January 1, 1995; Volume 31, Issue 20, eff. August 1, 2015.

18VAC130-20-250 Reapproval of courses required

Approval letters issued under this chapter for educational offerings will expire two years from the last day of the month in which they were issued, as indicated in the approval letter. The reapproval fee will be equivalent to the original approval fee specified in 18VAC130-20-240.

History

Statutory Authority: §§ 54.1-201 and 54.1-2013 of the Code of Virginia.
Historical Notes: Derived from VR583-01-03 § 5.6, eff. April 15, 1992; amended, Virginia Register Volume 11, Issue 4, eff. January 1, 1995; Volume 14, Issue 10, eff. March 4, 1998; Volume 34, Issue 9, eff. February 1, 2018; Volume 37, Issue 16, eff. May 1, 2021; Volume 39, Issue 16, eff. May 1, 2023; Volume 42, Issue 9, eff. January 14, 2026.

Chapter 30 Appraisal Management Company Regulations

Part I General

18VAC130-30-10 Definitions

A. Section 54.1-2020 of the Code of Virginia provides definitions of the following terms and phrases as used in this chapter:

"Appraisal management company"

"Appraisal management services"

"Appraisal services"

"Appraiser"

"Appraiser panel"

"Board"

"Employee"

"Uniform Standards of Professional Appraisal Practice"

B. The following words and phrases when used in this chapter have the following meanings unless the context clearly indicates otherwise:

"Address of record" means the mailing address and email address designated by the regulant to receive notices and correspondence from the board.

"Applicant" means an appraisal management company that has submitted an application for licensure.

"Application" means a completed, board-prescribed form submitted with the appropriate fee and other required documentation.

"Controlling person" means (i) an owner, officer, or director of a corporation or a partnership or a managing member of a limited liability company or other business entity seeking to offer appraisal management services; (ii) an individual employed, appointed, or authorized by an appraisal management company who has the authority to enter into a contractual relationship with other persons for the performance of appraisal management services and has the authority to enter into agreements with appraisers for the performance of appraisals; or (iii) an individual who possesses, directly or indirectly, the power to direct or cause the direction of the management or policies of an appraisal management company.

"Department" means the Department of Professional and Occupational Regulation.

"Direct supervision" means exercising oversight and direction of, and control over, the work of another.

"Person" means a corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, or any other individual or entity.

"Regulant" means an appraisal management company as defined in § 54.1-2020 of the Code of Virginia that holds a license issued by the board.

"Reinstatement" means the process and requirements through which an expired license can be made valid without the regulant having to apply as a new applicant.

"Renewal" means the process and requirements for periodically approving the continuance of a license.

"Responsible person" means a person licensed under Chapter 20.1 (§ 54.1-2009 et seq.) of Title 54.1 of the Code of Virginia who is designated by each regulant to ensure compliance with Chapter 20.2 (§ 54.1-2020 et seq.) of Title 54.1 of the Code of Virginia and all regulations of the board and to receive communications and notices from the board that may affect the regulant.

"Sole proprietor" means any individual, not a corporation or other registered business entity, who is trading under the individual's own name or under an assumed or a fictitious name pursuant to the provisions of Chapter 5 (§ 59.1-69 et seq.) of Title 59.1 of the Code of Virginia.

"Timely payment" means payment to an appraiser for the completion of an appraisal or a valuation assignment within 30 days after the appraiser delivers the completed appraisal or valuation assignment to the appraisal management company except in cases of breach of contract or noncompliance with the conditions of the engagement or performance of services that violates the Uniform Standards of Professional Appraisal Practice.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 7, eff. February 1, 2015; amended, Virginia Register Volume 41, Issue 21, eff. July 17, 2025; Volume 42, Issue 9, eff. January 14, 2026.

Part II Entry

18VAC130-30-20 Application procedures

An applicant seeking licensure must submit an application with the appropriate fee specified in 18VAC130-30-60. Application must be made on a form provided by the board or its agent.

By submitting the application to the department, the applicant certifies that the applicant has read and understands the applicable statutes and the board's regulations.

The receipt of an application and the deposit of fees by the board does not indicate approval by the board.

The board may make further inquiries and investigations with respect to the applicant's qualifications. No application will be considered complete until all documents are received by the board.

A firm will be notified within 30 days if the application is incomplete.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 7, eff. February 1, 2015; amended, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

18VAC130-30-30 Qualifications for licensure as an appraisal management company

A. Firms that meet the definition of appraisal management company must meet the requirements set forth in § 54.1-2021.1 of the Code of Virginia, as well as the additional qualifications of this section.

B. Any firm acting as an appraisal management company must hold a license as an appraisal management company. All names under which the appraisal management company conducts business, including any trade or fictitious names, must be disclosed on the application. Firms must be organized as business entities under the laws of the Commonwealth or otherwise authorized to transact business in Virginia. Firms must register any trade or fictitious names with the State Corporation Commission in accordance with § 59.1-70 of the Code of Virginia before submitting an application to the board.

C. The applicant for an appraisal management company license must provide an address of record and the firm's physical address. A post office box is only acceptable as an address of record when a physical address is also provided.

D. In accordance with § 54.1-204 of the Code of Virginia, each applicant for an appraisal management company license must have any person who owns 10% or more of the firm and the controlling person of the firm submit to fingerprinting and a background investigation and disclose the following information:

All felony convictions.
All misdemeanor convictions involving fraudulent or dishonest acts, sexual offense, non-marijuana drug distribution, or physical injury in any jurisdiction that occurred within five years of the date of application.
Any plea of nolo contendere or finding of guilt regardless of adjudication or deferred adjudication will be considered a conviction for the purposes of this section. The record of conviction certified or authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted will be admissible as prima facie evidence of such guilt.

E. The applicant for an appraisal management company license must disclose for the firm, the controlling person, the responsible person, and any person who owns 10% or more of the firm any action taken by any board or administrative body in any jurisdiction against a professional or occupational license, certification, or registration issued to the firm, the controlling person, the responsible person, and any person who owns 10% or more of the firm, including any suspension, revocation, or surrender of a license, certification, or registration; imposition of a monetary penalty; or requirement to take remedial education or any other corrective action.

F. The board may deny the application for licensure of an applicant for an appraisal management company if any person or entity that owns any part of the appraisal management company has had a license to act as an appraiser refused, denied, canceled, surrendered in lieu of revocation, or revoked in Virginia or any jurisdiction.

G. The applicant for an appraisal management company license must be in compliance with the standards of conduct and practice set forth in Part V (18VAC130-30-120 et seq.) of this chapter at the time of application, while the application is under review by the board, and at all times when the license is in effect.

H. The applicant for an appraisal management company license must submit evidence of a bond or letter of credit in accordance with § 54.1-2021.1 D of the Code of Virginia. Proof of current bond or letter of credit with the appraisal management company as the named bond holder or letter of credit holder must be submitted to obtain or renew the license. The bond or letter of credit must be in force no later than the effective date of the license and must remain in effect through the date of expiration of the license. The bond or letter of credit must include:

The principal of the bond or letter of credit;
The beneficiary of the bond or letter of credit;
The name of the surety or financial institution that issued the bond or letter of credit;
The bond or letter of credit number as assigned by the issuer;
The dollar amount; and
The expiration date, or if self-renewing, the date by which the bond or letter of credit must be renewed.

I. The firm must provide the name, address, and contact information for any person or entity that owns 10% or more of the appraisal management company.

J. The firm must designate a responsible person.

History

Statutory Authority: §§ 54.1-201 and 54.1-2013 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 7, eff. February 1, 2015; amended, Virginia Register Volume 36, Issue 8, eff. January 15, 2020; Volume 38, Issue 6, eff. December 8, 2021; Volume 42, Issue 9, eff. January 14, 2026.

18VAC130-30-40 Application denial

The board may refuse initial licensure due to an applicant's failure to comply with entry requirements or for any of the reasons the board may discipline a regulant.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 7, eff. February 1, 2015.

Part III Fees

18VAC130-30-50 General fee requirements

All fees are nonrefundable and will not be prorated. The date on which the fee is received by the department or its agent will determine whether the fee is on time.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 7, eff. February 1, 2015; amended, Virginia Register Volume 42, Issue 1, eff. October 1, 2025; Volume 42, Issue 9, eff. January 14, 2026.

18VAC130-30-60 Fee schedule

The following fees apply:

| Fee Type | Fee Amount | When Due | | --- | --- | --- | | Initial Application - Appraisal Management Company | $340 | With application | | Renewal - Appraisal Management Company | $150 | At renewal | | Reinstatement - Appraisal Management Company | $490 (includes a $340 reinstatement fee in addition to the regular $150 renewal fee) | At reinstatement |

Each appraisal management company will be assessed a National Registry fee in accordance with § 1109 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 USC §§ 3331-3356) (the Act). The National Registry fee will be $25 multiplied by the number of appraisers who have performed an appraisal for the appraisal management company in Virginia during the previous year. The minimum National Registry fee will be $25. This fee may be adjusted and charged to the appraisal management company in accordance with the Act. If an applicant fails to qualify for licensure, then the National Registry fee will be refunded.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 7, eff. February 1, 2015; amended, Virginia Register Volume 34, Issue 9, eff. February 1, 2018; Volume 35, Issue 19, eff. July 1, 2019; Volume 41, Issue 13, eff. March 12, 2025; Volume 42, Issue 9, eff. January 14, 2026.

Part IV Renewal and Reinstatement

18VAC130-30-70 Renewal required

A license issued under this chapter will expire one year from the last day of the month in which the license was issued.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 7, eff. February 1, 2015; amended, Virginia Register Volume 35, Issue 19, eff. July 1, 2019; Volume 42, Issue 9, eff. January 14, 2026.

18VAC130-30-80 Expiration and renewal

A. Prior to the expiration date shown on the license, licenses will be renewed upon (i) completion of the renewal application, (ii) submittal of proof of current bond or letter of credit as detailed in 18VAC130-30-30 H, and (iii) payment of the fees specified in 18VAC130-30-60.

B. The board will send a renewal notice to the regulant. Failure to receive this notice does not relieve the regulant of the obligation to renew. By submitting an application for renewal, the regulant is certifying continued compliance with the standards of conduct and practice in Part V (18VAC130-30-120 et seq.) of this chapter.

History

Statutory Authority: § 54.1-201 of the Code of Virginia; amended, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.
Historical Notes: Derived from Virginia Register Volume 31, Issue 7, eff. February 1, 2015; amended, Virginia Register Volume 41, Issue 21, eff. July 17, 2025; Volume 42, Issue 9, eff. January 14, 2026.

18VAC130-30-90 Reinstatement of appraisal management company license required

A. If all of the requirements for renewal of a license as specified in 18VAC130-30-80 A are not completed within 30 days of the license expiration date, the regulant will be required to reinstate the license by meeting all renewal requirements and by paying the reinstatement fee specified in 18VAC130-30-60.

B. A license may be reinstated for up to one year following the expiration date. After one year, the license may not be reinstated under any circumstances and the firm must meet all current entry requirements and apply as a new applicant.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 7, eff. February 1, 2015; amended, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

18VAC130-30-100 Status of license during the period prior to reinstatement

A licensee that reinstates a license will be regarded as having been continuously licensed without interruption. Therefore, a licensee will be subject to the authority of the board for activities performed prior to reinstatement.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 7, eff. February 1, 2015; amended, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

18VAC130-30-110 Board discretion to deny renewal or reinstatement

The board may deny renewal or reinstatement of a license for the same reasons as the board may refuse initial licensure or discipline a regulant.

The board may deny renewal or reinstatement of a license if the regulant has been subject to a disciplinary proceeding and has not met the terms of an agreement for licensure or other board order, has not satisfied all sanctions, or has not fully paid any monetary penalties and costs imposed by the board, plus any accrued interest.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 7, eff. February 1, 2015.

Part V Standards of Conduct and Practice

18VAC130-30-120 Grounds for disciplinary action

The board has the power to impose a monetary penalty against any regulant, to place any regulant on probation, and to suspend or revoke any license issued under the provisions of Chapter 20.2 (§ 54.1-2020 et seq.) of Title 54.1 of the Code of Virginia and the regulations of the board, in accordance with § 54.1-201 A 7 and § 54.1-202 of the Code of Virginia and the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) when any regulant has been found to have violated or cooperated with others in violating any provision of Chapter 20.2 of Title 54.1 of the Code of Virginia, any relevant provision of the Uniform Standards of Professional Appraisal Practice as developed by the Appraisal Standards Board of the Appraisal Foundation, or any regulation of the board.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 7, eff. February 1, 2015; amended, Virginia Register Volume 41, Issue 21, eff. July 17, 2025; Volume 42, Issue 9, eff. January 14, 2026.

18VAC130-30-130 Maintenance of license

A. A regulant must report, in writing, all changes of address to the board within 30 days of the change.

B. Any change in any of the qualifications for licensure found in 18VAC130-30-30 must be reported to the board within 30 days of the change.

C. Notwithstanding the provisions of subsection B of this section, a regulant must report the cancellation, amendment, expiration, or any other change of any bond or letter of credit submitted in accordance with 18VAC130-30-30 H within five days of the change.

D. A regulant must report to the board the discharge or termination of the responsible person and provide to the board the new responsible person designated by the regulant within five business days of the discharge or termination.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 7, eff. February 1, 2015; amended, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

18VAC130-30-140 Change of business entity requires a new license

A. Licenses are issued to firms as defined in this chapter and are not transferable. Whenever the legal business entity holding the license is dissolved or altered to form a new business entity, the license becomes void. The firm must make written notification to the board within 30 days of the change. Such changes include:

Cessation of the business or the voluntary termination of a sole proprietorship or general partnership;
Death of a sole proprietor;
Formation, reformation, or dissolution of a general partnership, limited partnership, corporation, limited liability company, association, or any other business entity recognized under the laws of the Commonwealth; or
The suspension or termination of the corporation's existence by the State Corporation Commission.

B. When a new firm is formed, the new firm must obtain a new license before engaging in any activity regulated by Chapter 20.2 (§ 54.1-2020 et seq.) of Title 54.1 of the Code of Virginia or the regulations of the board.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 7, eff. February 1, 2015; amended, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

18VAC130-30-150 Notice of adverse action

A. Licensed appraisal management companies must notify the board of the following actions against the firm, the responsible person, any controlling person, or any person who owns 10% or more of the firm:

Any disciplinary action taken by any jurisdiction, board, or administrative body of competent jurisdiction, including any reprimand; license or certificate revocation, suspension, or denial; monetary penalty; or requirement for remedial education or other corrective action.
Any voluntary surrender of a license, certificate, or registration done in connection with a disciplinary action in another jurisdiction.
Any conviction, finding of guilt, or plea of guilty, regardless of adjudication or deferred adjudication, in any jurisdiction of the United States of any misdemeanor involving fraudulent or dishonest acts, sexual offense, non-marijuana drug distribution, or physical injury or any felony, there being no appeal pending therefrom or the time for appeal having lapsed. Review of convictions will be subject to the requirements of § 54.1-204 of the Code of Virginia. Any plea of nolo contendere will be considered a conviction for the purpose of this section.

B. The notice must be made to the board in writing within 30 days of the action. A copy of the order or other supporting documentation must accompany the notice. The record of conviction, finding, or case decision will be considered prima facie evidence of a conviction or finding of guilt.

History

Statutory Authority: §§ 54.1-201 and 54.1-2013 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 7, eff. February 1, 2015; amended, Virginia Register Volume 38, Issue 6, eff. December 8, 2021; Volume 42, Issue 9, eff. January 14, 2026.

18VAC130-30-160 Prohibited acts

The following acts are prohibited and any violation may result in disciplinary action by the board:

Violating, inducing another to violate, or cooperating with others in violating any of the provisions of any of the regulations of the board or Chapter 20.2 (§ 54.1-2020 et seq.) of Title 54.1 of the Code of Virginia, or engaging in any acts enumerated in § 54.1-111 of the Code of Virginia.
Allowing a license issued by the board to be used by another.
Obtaining or attempting to obtain a license by false or fraudulent representation, or maintaining, renewing, or reinstating a license by false or fraudulent representation.
The regulant, the responsible person, any controlling person, or any person who owns 10% or more of the firm having been convicted, found guilty, or disciplined in any jurisdiction of any offense or violation enumerated in 18VAC130-30-150.
Failing to inform the board in writing within 30 days that the regulant, the responsible person, any controlling person, or any person who owns 10% or more of the firm was convicted, found guilty, or disciplined in any jurisdiction of any offense or violation enumerated in 18VAC130-30-150.
Failing to report a change as required by 18VAC130-30-130 or 18VAC130-30-140.
Engaging in dishonest or fraudulent conduct as an appraisal management company.
Failing to satisfy any judgments or restitution orders entered by a court or arbiter of competent jurisdiction.
Engaging in any acts enumerated in subsections A through D of § 54.1-2022 of the Code of Virginia.
Failing to act as an appraisal management company in a manner that safeguards the interests of the public.
Advertising in any name other than the name or names in which licensed.
Failing to maintain the bond or letter of credit as required by 18VAC130-30-30 H.
Failing to have a system in place to review the work of all appraisers who may perform appraisal services for the appraisal management company on a periodic basis to ensure that the appraisal services are being conducted in conformance with the Uniform Standards of Professional Appraisal Practice.
Failing to maintain a detailed record of the following: (i) each request for an appraisal service that the appraisal management company receives and the date the appraiser delivers the completed appraisal or valuation assignment to the appraisal management company, (ii) the name of each independent appraiser who performs the appraisal, (iii) the physical address or legal identification of the subject property, (iv) the name of the appraisal management company's client for the appraisal, (v) the amount paid to the appraiser, and (vi) the amount paid to the appraisal management company.
Failing to have a system in place to ensure compliance with § 129E of the Truth in Lending Act (15 USC § 1601 et seq.).
Failing to include the regulant's Virginia license number on all contracts, agreements, letters of engagement, or other documentation entered with an independent appraiser for the performance of appraisal services.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 7, eff. February 1, 2015.

18VAC130-30-170 Response to inquiry and provision of records

A. A regulant must respond within 10 days to a request by the board or any of its agents regarding any complaint filed with the department.

B. Unless otherwise specified by the board, a regulant of the board must produce to the board or any of its agents within 10 days of the request any document, book, or record concerning any transaction pertaining to a complaint filed in which the regulant was involved or for which the regulant is required to maintain records for inspection and copying by the board or its agents. The board may extend such timeframe upon a showing of extenuating circumstances prohibiting delivery within such 10-day period.

C. No regulant may provide a false, misleading, or incomplete response to the board or any of its agents seeking information in the investigation of a complaint filed with the board.

D. With the exception of the requirements of subsections A and B of this section, a regulant must respond to an inquiry by the board or its agents within 21 days.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 7, eff. February 1, 2015; amended, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

Agency 135 Real Estate Board

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

18VAC135-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Real Estate Board. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC135-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Real Estate Board, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Part II Notification of Interested Persons

18VAC135-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC135-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 18VAC135-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Part III Public Participation Procedures

18VAC135-11-50 Public comment

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008; amended, Virginia Register Volume 33, Issue 8, eff. January 30, 2017.

18VAC135-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC135-11-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC135-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC135-11-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC135-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC135-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Chapter 20 Virginia Real Estate Board Licensing Regulations

Part I General

18VAC135-20-10 Definitions

The following words and terms when used in this chapter have the following meanings unless a different meaning is provided or is plainly required by the context:

"Accredited university, college, community college, or educational institution" means (i) institutions of higher learning approved by the State Council of Higher Education for Virginia; (ii) those institutions listed in the Transfer Credit Practices of Designated Educational Institutions, published by the American Association of Collegiate Registrars and Admissions Officers; or (iii) any state-accredited secondary school that offers adult distributive education courses.

"Active" means any broker or salesperson, who is in good standing, who is under the supervision of a principal or supervising broker of a firm or sole proprietor, and who is performing those activities defined in § 54.1-2100 of the Code of Virginia.

"Actively engaged" means active licensure with a licensed real estate firm or sole proprietorship in performing those activities as defined in § 54.1-2100 of the Code of Virginia for an average of at least 40 hours per week.

"Advertising" means all communication disseminated through any medium to consumers for any purpose related to licensed real estate activity.

"Affiliated licensee" means any broker, salesperson, business entity, or real estate team that has an active license.

"Another state" means the same as the term is defined in § 54.1-205 of the Code of Virginia.

"Application deposit" means the same as the term is defined in § 55.1-1200 of the Code of Virginia.

"Associate broker" means any individual licensee of the board holding a broker's license other than one who has been designated as the principal broker.

"Board" means the Real Estate Board.

"Branch office" means the same as the term is defined in § 54.1-2100 of the Code of Virginia.

"Brokerage relationship" means the same as the term is defined in § 54.1-2130 of the Code of Virginia.

"Brokerage services" means the same as the term is defined in § 54.1-2130 of the Code of Virginia.

"Class hour or clock hour" means 50 minutes of instruction.

"Client" means a person who has entered into a brokerage relationship with a licensee as defined by § 54.1-2130 of the Code of Virginia.

"Contact information" means telephone number, email address, or web address of the firm or branch office, or a digital link thereto when used in digital advertising.

"Cooperating broker" means the broker representing the client on the other side of the existing or contemplated real estate transaction.

"Firm" means any business entity or sole proprietorship (nonbroker owner) that transacts real estate business required by 18VAC135-20-20 B to obtain a separate brokerage firm license.

"Inactive status" means any broker or salesperson who is not under the supervision of a principal broker or supervising broker and who is not performing any of the activities defined in § 54.1-2100 of the Code of Virginia.

"Independent contractor" means a licensee who acts for or represents a client other than as a standard agent and whose duties and obligations are governed by a written contract between the licensee and the client.

"Licensee" means real estate brokers and salespersons as defined in Chapter 21 (§ 54.1-2100 et seq.) of Title 54.1 of the Code of Virginia or real estate firms.

"MLS" means Multiple Listing Service.

"Neighboring state" means the same as the term is defined in § 54.1-205 of the Code of Virginia.

"Place of business" means the same as the term is defined in § 54.1-2100 of the Code of Virginia.

"Principal broker" means the individual broker designated by each firm to ensure compliance with Chapter 21 (§ 54.1-2100 et seq.) of Title 54.1 of the Code of Virginia and this chapter and to receive communications and notices from the board regarding such compliance. In the case of a sole proprietorship, the licensed broker who is the sole proprietor is the principal broker.

"Principal to a transaction" means a party to a real estate transaction, including a seller or buyer, landlord or tenant, optionor or optionee, or licensor or licensee. For the purposes of this chapter, the listing or selling broker are not by virtue of their brokerage relationship principals to the transaction.

"Proprietary school" means (i) a privately owned school, (ii) a real estate professional association, or (iii) a related entity, which is not under the authority of the Department of Education, but approved by the board to teach real estate courses.

"Provider" means an (i) accredited university, college, community college; (ii) a high school offering adult distributive education courses; or (iii) a proprietary school.

"Sole proprietor" means any individual who is trading under the individual's name or under an assumed or fictitious name pursuant to the provisions of Chapter 5 (§ 59.1-69 et seq.) of Title 59.1 of the Code of Virginia.

"Standard agent" means a licensee who acts for or represents a client in an agency relationship. A standard agent will have the obligations as provided in Article 3 (§ 54.1-2130 et seq.) of Chapter 21 of Title 54.1 of the Code of Virginia.

"Supervising broker" means (i) the individual broker designated by the principal broker to supervise the provision of real estate brokerage services by the associate brokers and salespersons assigned to branch offices or real estate teams; or (ii) the broker, who may be the principal broker, designated by the principal broker to supervise a designated agent as stated in § 54.1-2130 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from VR585-01-1 § 1.1, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 15, Issue 5, eff. January 1, 1999; Volume 19, Issue 12, eff. April 1, 2003; Volume 24, Issue 11, eff. April 1, 2008; Volume 31, Issue 26, eff. November 1, 2015; Volume 35, Issue 17, eff. June 1, 2019; Volume 41, Issue 2, eff. November 1, 2024; Volume 42, Issue 4, eff. November 5, 2025; Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-13 General fee requirements

A. All fees are nonrefundable and will not be prorated. The date of receipt by the board or its agent is the date that will be used to determine whether a fee is on time.

B. The fee for examination is subject to contracted charges to the board by an outside vendor. These contracts are competitively negotiated and bargained for in compliance with the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia). Fees may be adjusted and charged to the candidate in accordance with these contracts.

History

Statutory Authority: §§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-15 Fee schedule

The following fees apply:

| Fee Type | Fee Amount | | Recovery Fund Assessment* (if applicable) | Total Amount Due | When fee is due | | --- | --- | --- | --- | --- | --- | | Salesperson by education and examination | $210 | + | $20 | $230 | With initial application for salesperson license | | Salesperson by reciprocity | $210 | + | $20 | $230 | With initial application for salesperson license | | Salesperson renewal | $100 | | | $100 | At renewal | | Salesperson reinstatement | $155 | | | $155 | At reinstatement | | Salesperson or broker license as a business entity | $265 | + | $20 | $285 | With initial application for business entity license | | Salesperson or broker license as a business entity renewal | $135 | | | $135 | At renewal | | Salesperson or broker license as a business entity reinstatement | $205 | | | $205 | With reinstatement application | | Broker by education and examination | $265 | + | $20 | $285 | With initial application for broker license | | Broker by reciprocity | $265 | + | $20 | $285 | With initial application for broker license | | Broker renewal | $120 | | | $120 | At renewal | | Broker reinstatement | $180 | | | $180 | At reinstatement | | Broker concurrent license | $195 | | | $195 | With application for concurrent broker license | | Concurrent broker renewal | $80 | | | $80 | At renewal | | Concurrent broker reinstatement | $180 | | | $180 | At reinstatement | | Firm license | $350 | + | $20 | $370 | With initial application for firm license | | Firm renewal | $240 | | | $240 | At renewal | | Firm reinstatement | $370 | | | $370 | At reinstatement | | Branch office license | $265 | | | $265 | With application for branch office license | | Branch office renewal | $135 | | | $135 | At renewal | | Branch office reinstatement | $205 | | | $205 | With reinstatement application | | Transfer application | $90 | | | $90 | With application for transfer | | Activation application | $90 | | | $90 | With application for activation | | Exchange to salesperson license | $120 | | | $120 | With application to exchange to a salesperson license | | Upgrade to broker | $120 | | | $120 | With application to upgrade to a broker license | | Proprietary school certificate | $265 | | | $265 | With initial application for proprietary school certificate | | Proprietary school renewal | $135 | | | $135 | With renewal application | | Proprietary school reinstatement | $205 | | | $205 | With reinstatement application | | Prelicense education instructor certificate | $265 | | | $265 | With initial application for prelicense education instructor certificate | | Prelicense education instructor renewal | $115 | | | $115 | With renewal application | | Prelicense education instructor reinstatement | $170 | | | $170 | With reinstatement application | | * In accordance with § 54.1-2113 of the Code of Virginia. | | | | | |

History

Statutory Authority: §§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 14, eff. April 1, 2026.

Part II Entry

18VAC135-20-20 Requirements for firm license

A. Sole proprietor (principal broker owner). In accordance with § 54.1-2106.1 of the Code of Virginia, broker owned sole proprietorships are not required to hold a firm license. An individual operating under a fictitious or assumed name must register any trade or fictitious names with the State Corporation Commission in accordance with Chapter 5 (§ 59.1-69 et seq.) of Title 59.1 of the Code of Virginia and must provide the address for the individual's residence and address for the individual’s place of business.

B. Sole proprietor (nonbroker owner), partnership, association, limited liability company, or corporation.

Every firm must secure a firm license before transacting real estate business. This license is separate and distinct from the licenses required of the individuals or business entities who are active in the firm's brokerage business.
Each applicant must disclose the name under which the applicant holds itself out to the public. Firms must register any trade or fictitious names with the State Corporation Commission in accordance with Chapter 5 of Title 59.1 (§ 59.1-69 et seq.) of the Code of Virginia.
Each applicant must disclose the address of the place of business for the firm.
Firms must be organized as business entities under the laws of the Commonwealth of Virginia or otherwise authorized to transact business in Virginia.

C. Each real estate firm is required to have a principal broker whose license is active.

D. Branch office license in accordance with § 54.1-2106.1 of the Code of Virginia. If a principal broker maintains more than one place of business within the state, the principal broker must secure a branch office license for each additional place of business maintained other than the broker's primary place of business noted on the firm license application.

No branch office license will be required for:

a. A location that the principal broker or those employed by or affiliated as an independent contractor with the principal broker does not own, lease, or maintain exclusive access to, maintenance of, and control of, unless it is held out to the public as a location where such persons or entities are regularly engaging in the activities of a real estate broker or salesperson;

b. A motor vehicle or watercraft;

c. A place that is solely devoted to advertising real estate matters of a general nature or to making a real estate broker's business name generally known, such as a trade show or expo;

d. A residence, unless it is held out to the public as a location where the principal broker or those employed by or affiliated as an independent contractor with the principal broker is regularly engaging in the activities of a real estate broker or salesperson;

e. A post office box, mail drop location, or other similar facility; or

f. A public location, such as a coffee shop or restaurant.

Each application must disclose the name of the firm, the location of the branch office, and the name of the supervising broker for that branch office.
The branch office license must be maintained at the branch office location.

History

Statutory Authority: §§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from VR585-01-1 § 2.1, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 15, Issue 5, eff. January 1, 1999; Volume 19, Issue 12, eff. April 1, 2003; Volume 31, Issue 26, eff. November 1, 2015; Volume 36, Issue 15, eff. May 1, 2020; Volume 41, Issue 2, eff. November 1, 2024; Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-30 Qualifications for individual licensure

Every applicant to the board for an individual salesperson or broker license must have the following qualifications:

The applicant must be at least 18 years of age.
The applicant must have a high school diploma or equivalent.
The applicant must report any action taken by any board or administrative body in any jurisdiction against a professional or occupational license, certification, or registration issued to the applicant, to include any suspension, revocation, or surrender of a license, certification, or registration, imposition of a monetary penalty, or requirement to take remedial education or other corrective action. The board, in its discretion, may deny licensure to any applicant for any prior action taken by any board or administrative body in any jurisdiction. The applicant has the right to request further review of any such action by the board under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
In accordance with § 54.1-204 of the Code of Virginia, each applicant must submit to fingerprinting and must disclose the following information:

a. All misdemeanor convictions involving fraudulent or dishonest acts, sexual offense, non-marijuana drug distribution, or battery within five years of the date of the application; and

b. All felony convictions.

The board, in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

The applicant must sign a statement verifying that the applicant has read and understands the provisions of this chapter and Chapter 21 (§ 54.1-2100 et seq.) of Title 54.1 of the Code of Virginia.
Applicants for licensure who do not meet the requirements set forth in subdivisions 3 and 4 of this section may be approved for licensure following consideration by the board.

History

Statutory Authority: §§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from VR585-01-1 § 2.2, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 15, Issue 5, eff. January 1, 1999; Volume 19, Issue 12, eff. April 1, 2003; Errata, 19:14 VA.R. 2176, 2177 March 24, 2003; amended, Virginia Register Volume 24, Issue 11, eff. April 1, 2008; Volume 31, Issue 26, eff. November 1, 2015; Volume 38, Issue 2, eff. November 1, 2021; Volume 42, Issue 4, eff. November 5, 2025; Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-35 Additional qualifications for individual licensure

A. In addition to the requirements in 18VAC135-20-30, an applicant for an individual license as a real estate salesperson, real estate broker, or as an applicant by reciprocity must meet the requirements established in this section as applicable.

B. Applicants for initial licensure must achieve a passing grade in all courses required by § 54.1-2105 of the Code of Virginia applicable to the license being sought prior to sitting for the licensing examination and applying for licensure.

C. Applicants for licensure as a real estate broker must have been actively engaged as defined in 18VAC135-20-10 as a real estate salesperson for a period of 36 of the 48 months immediately preceding application. The applicant's experience must be verified by the principal or supervising broker for whom the applicant worked at the time of obtaining that experience.

D. Applicants for initial licensure, within 12 months prior to submitting a complete application for a license, must have passed a written examination provided by the board or by a testing service acting on behalf of the board. The applicant must follow all procedures established with regard to conduct at the examination. Failure to comply with all such procedures established with regard to conduct at the examination may be grounds for denial of application.

E. Applicants for licensure as a real estate salesperson or real estate broker by reciprocity must meet the following requirements as applicable to the license sought:

Applicants must, within 12 months prior to submitting a complete application for a license, have passed a written examination provided by the board or a testing service acting on behalf of the board covering real estate license law and regulations of the board.
Applicants must have received the salesperson or broker license by virtue of having passed in the jurisdiction of licensure a written examination deemed to be substantially equivalent to the Virginia examination.
An applicant for a salesperson license must have met educational requirements that are substantially equivalent to those required in Virginia.
An applicant for a broker license must have met educational requirements that are substantially equivalent to those required in Virginia, and the applicant must have been actively engaged as defined by 18VAC135-20-10 for 36 of the preceding 48 months. The broker applicant's experience must be verified by an individual who has direct knowledge of the applicant's activities as defined in § 54.1-2100 of the Code of Virginia.

F. In accordance with § 54.1-2105 of the Code of Virginia, the board, at its discretion, may waive the education and experience requirements of this section.

History

Statutory Authority: §§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-40 (Repealed.)

History

Historical Notes: Derived from VR585-01-1 § 2.3, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 15, Issue 5, eff. January 1, 1999; Volume 19, Issue 12, eff. April 1, 2003; Volume 31, Issue 26, eff. November 1, 2015; repealed, Virginia Register Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-45 Additional qualifications for salesperson or broker license as a business entity

In addition to the applicable requirements in 18VAC135-20-30 and 18VAC135-20-35, an applicant for a salesperson or broker license as a business entity must meet the following requirements:

Every owner or officer who actively participates in the real estate business must hold a license as a salesperson or broker. The business entity license does not replace the individual license. More than one licensee may be a participant of the business entity.
Business entities must be organized under the laws of the Commonwealth of Virginia or otherwise authorized to transact business in Virginia and must register any trade or fictitious names with the State Corporation Commission in accordance with Chapter 5 of Title 59.1 (§ 59.1-69 et seq.) of the Code of Virginia.

History

Statutory Authority: §§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 5, eff. January 1, 1999; amended, Virginia Register Volume 19, Issue 12, eff. April 1, 2003; Volume 31, Issue 26, eff. November 1, 2015; Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-50 Concurrent licenses

A. In order to be active as a broker in more than one firm at the same time, brokers must obtain concurrent licenses by submitting the concurrent license application, which must be approved by the principal broker of each firm.

B. Payment of the fee specified in 18VAC135-20-15 is required for each concurrent license.

History

Statutory Authority: §§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from VR585-01-1 § 2.4, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 15, Issue 5, eff. January 1, 1999; Volume 19, Issue 12, eff. April 1, 2003; Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-55 Exchange to salesperson license

A broker seeking to exchange the broker license for that of a salesperson must submit a complete application to the board with the appropriate fee specified in 18VAC135-20-15. When exchanging a license, the licensee agrees any current broker licenses cease to exist,and if the licensee chooses to become licensed as a broker again, the licensee must pass the current broker examinationand must meet the current education and experience requirements in effect at the time of application.

History

Statutory Authority: §§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 26, eff. November 1, 2015; amended, Virginia Register Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-60 (Repealed.)

History

Historical Notes: Derived from VR585-01-1 § 2.5, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 15, Issue 5, eff. January 1, 1999; Volume 19, Issue 12, eff. April 1, 2003; Errata, 19:14 VA.R. 2176, 2177 March 24, 2003; amended, Virginia Register Volume 24, Issue 11, eff. April 1, 2008; Volume 31, Issue 26, eff. November 1, 2015; Volume 38, Issue 2, eff. November 1, 2021; Volume 41, Issue 2, eff. November 1, 2024; Volume 42, Issue 4, eff. November 5, 2025; repealed, Virginia Register Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-65 Universal license recognition

A. Licensed in a neighboring state. The board will issue a salesperson or broker license under universal license recognition to an individual who meets the following qualifications:

The individual holds a current and valid license with a similar scope of practice in a neighboring state;
The individual's other license is in good standing with no reported pending complaints;
The individual has met the requirements set in subdivision 4 of 18VAC135-20-30;
The individual has not been subject to professional discipline involving harm to the public or license probation, suspension, or revocation;
The individual pays the reciprocity application fee as listed in 18VAC135-20-15; and
The individual successfully passes the Virginia Real Estate Exam.

B. Licensed in another state. The board will issue a salesperson or broker license under universal license recognition to an individual who meets the following qualifications:

The individual holds a current and valid license with a similar scope of practice in another state, territory, possession, or jurisdiction of the United States for at least three years;
The individual was licensed in the other state after having passed a state required exam and met education, training, or experience requirements to obtain the license;
The individual's other license is in good standing with no reported pending complaints;
The individual has met the requirements set in subdivision 4 of 18VAC135-20-30;
The individual has not been subject to professional discipline involving harm to the public or license probation, suspension, or revocation;
The individual pays the reciprocity application fee as listed in 18VAC135-20-15; and
The individual successfully passes the Virginia Real Estate Exam.

C. Experience in a state that does not require licensure. The board will hold an individual to have met all experience, training, and education requirements if the applicant has three years of experience in a state that does not require licensure.

To be exam eligible under universal license recognition, an individual must have:

a. Demonstrated at least three years of experience as a salesperson or broker in another state that does not issue an occupational or professional license for that respective profession;

b. Met the requirements set in subdivision 4 of 18VAC135-20-30;

c. Not been subject to professional discipline involving harm to the public or license probation, suspension, or revocation; and

d. Paid the applicable application fee as listed in 18VAC135-20-15.

Under this subsection, individuals are required to pass all exams required of initial applicants for the license under 18VAC135-20-35.

History

Statutory Authority: §§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 7, eff. January 1, 2024; amended, Virginia Register Volume 41, Issue 2, eff. November 1, 2024; Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-70 Activation or transfer of license

A. Any inactive licensee may activate that license with a licensed real estate firm or sole proprietorship by completing an activate form prescribed by the board.

A licensee who submits an activate application to the board must not conduct licensed activity with the real estate firm or sole proprietorship set forth in the application until the license is issued by the board.
Continuing education pursuant to § 54.1-2105.03 of the Code of Virginia must be completed within two years prior to activation of a license when the license has been inactive for more than 30 days.
Any licensee who has not been active with a licensed real estate firm or sole proprietorship for a period of greater than three years will be required to meet the existing prelicense educational requirements.

B. Any licensee may transfer from one licensed real estate firm or sole proprietorship to another by completing and submitting to the board a transfer application and the fee as set forth in 18VAC135-20-15.

The transfer application must include the signature of the new principal broker or supervising broker with signature authority who will be responsible for the licensee's real estate activities.
The transfer will be effective upon the new principal broker or supervising broker's execution of the transfer application.
For the transfer of a license between branch offices within the same licensed real estate firm or sole proprietorship, including from such firm's or sole proprietorship's primary place of business to one of its branch offices or from a branch office to another branch office under the same primary place of business, no fee will be charged.

History

Statutory Authority: §§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from VR585-01-1 § 2.6, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 19, Issue 12, eff. April 1, 2003; Volume 31, Issue 26, eff. November 1, 2015; Volume 42, Issue 4, eff. November 5, 2025; Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-80 (Repealed.)

History

Historical Notes: Derived from VR585-01-1 § 2.9, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 14, Issue 6, eff. January 8, 1998; Volume 15, Issue 5, eff. January 1, 1999; Volume 15, Issue 18, eff. July 1, 1999; Volume 19, Issue 12, eff. April 1, 2003; Volume 20, Issue 23, eff. September 1, 2004; Volume 31, Issue 26, eff. November 1, 2015; Volume 41, Issue 1, eff. October 1, 2024; repealed, Virginia Register Volume 42, Issue 14, eff. April 1, 2026.

Part III Renewal of License

18VAC135-20-90 Renewal required

Licenses issued under this chapter for salespersons, brokers, and firms will expire two years from the last day of the month in which the licenses were issued, as indicated on the license, except concurrent broker licenses that will expire on the same date as the original broker license.

History

Statutory Authority: § 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from VR585-01-1 § 3.1, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 15, Issue 5, eff. January 1, 1999; Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-95 Post-license education requirements for salespersons

A. In accordance with § 54.1-2105.01 A of the Code of Virginia, a salesperson who is renewing a license for the first time is required to have completed 30 hours of post-license education as outlined in subsection B of this section within the first year of licensure , regardless of whether the salesperson's license is active or inactive. Failure to complete the 30-hour post-licensure curriculum within one year from the last day of the month in which the license was issued will result in the license being placed on inactive status by the board until the curriculum has been completed.

B. A salesperson within the first year of licensure must complete the following education:

Two hours of fair housing, Americans with Disabilities Act (42 USC § 12101 et seq.), and civil rights;
Six hours of real estate law and regulations;
Three hours of ethics and standards of conduct;
Two hours of current industry issues and trends;
Three hours of agency law;
Six hours of contract writing;
Three hours of risk management;
Three hours of escrow requirements; and
Two hours of real estate-related finance.

History

Statutory Authority: §§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-100 (Repealed.)

History

Historical Notes: Derived from VR585-01-1 § 3.2, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 15, Issue 5, eff. January 1, 1999; Volume 19, Issue 12, eff. April 1, 2003; Volume 24, Issue 11, eff. April 1, 2008; repealed, Virginia Register Volume 31, Issue 26, eff. November 1, 2015.

18VAC135-20-101 Qualification for renewal; continuing education requirements

A. Continuing education requirements at renewal.

Subsequent salesperson renewals. As a condition of renewal, and pursuant to § 54.1-2105.03 of the Code of Virginia, all active salespersons are required to satisfactorily complete a course of not less than a total of 16 classroom, correspondence, or other distance learning instruction hours during each licensing term.

For salespersons, 11 of the required 16 hours must include:

a. Two hours in fair housing laws;

b. Three hours in ethics and standards of conduct;

c. Two hours in real estate agency;

d. Two hours in real estate contracts, including contract principles, contract forms, and escrow deposits and accounts; and

e. Two hours in legal updates and emerging trends, to include flood zone areas and the National Flood Insurance Program.

The remaining elective hours must be obtained in subject areas listed in subsection B of this section.

Broker renewals. All active brokers are required to satisfactorily complete a course of not less than a total of 24 classroom, correspondence, or other distance learning instruction hours during each licensing term. For brokers, 19 of the 24 required hours must include:

a. Eight hours in supervision and management of real estate agents and the management of real estate brokerage firms, including oversight of contracts and agency, two hours of which must include an overview of the broker supervision requirements under this chapter and Chapter 21 (§ 54.1-2100 et seq.) of Title 54.1 of the Code of Virginia;

b. Two hours in fair housing laws;

c. Three hours in ethics and standards of conduct;

d. Two hours in real estate agency;

e. Two hours in real estate contracts, including contract principles, contract forms, and escrow deposits and accounts; and

f. Two hours in legal updates and emerging trends, to include flood zone areas and the National Flood Insurance Program.

The remaining elective hours must be obtained in subject areas listed in subsection B of this section.

Armed Forces of the United States renewals. If an active licensee is called to active duty or deployed in the Armed Forces of the United States, such licensee may complete the courses required by this section within six months of the licensee's release from active duty or deployment.
Inactive licenses. Inactive brokers and salespersons are not required to complete the continuing education course as a condition of renewal.
If the licensee submits a notarized affidavit to the board that certifies that the licensee does not practice residential real estate brokerage, residential management, or residential leasing and will not do so during the licensing term, training in fair housing is not required; instead, such licensee must receive training in other applicable federal and state discrimination laws and regulations.

B. Any elective hours not specified in subsection A of this section must be on subjects from the following list:

Property rights;
Contracts;
Deeds;
Financing, types of mortgages , and deeds of trust;
Leases;
Liens;
Real property and title insurance;
Taxes in real estate;
Closing disclosures;
Brokerage and agency contract responsibilities;
Real property management;
Search, examination, and registration of title;
Title closing;
Appraisal of real property;
Planning subdivision developments and condominiums;
Fair housing;
Real estate statutes and board regulations;
Business law;
Real estate markets and economics;
Real estate investments;
Federal real estate law;
Commercial real estate;
Americans with Disabilities Act;
Environmental issues, sustainability, and energy efficiency;
Building codes and design;
Land use, zoning, and local laws;
Escrow accounts and deposits;
Ethics and standards of conduct;
Common interest communities, including the Resale Disclosure Act (Chapter 23.1 of Title 55.1 of the Code of Virginia);
Cyber security and data protection; and
Social responsibility in real estate, including affordable housing, multicultural market, gentrification, diversity, multigenerational, and cultural competency.

C. Salespersons and brokers holding active licenses in multiple jurisdictions.

Salespersons holding licenses in multiple jurisdictions must complete 16 hours of continuing education, 11 of which are mandatory board-approved courses, that must include two hours in fair housing laws; three hours in ethics and standards of conduct; two hours in real estate agency; two hours in real estate contracts; and two hours of legal updates and emerging trends, to include flood zone areas and the National Flood Insurance Program. Such salespersons may substitute education completed in their jurisdiction for the remaining five elective hours required by subsection B of this section.
Brokers holding licenses in multiple jurisdictions must complete 24 hours of continuing education, 19 of which are mandatory board-approved courses that must include eight hours in supervision and management of real estate agents and the management of real estate brokerage firms, two hours of which must include an overview of the broker supervision requirements under this chapter and Chapter 21 (§ 54.1-2100 et seq.) of Title 54.1 of the Code of Virginia; two hours in fair housing laws; three hours in ethics and standards of conduct; two hours in real estate agency; two hours in real estate contracts; and two hours in legal updates and emerging trends, to include flood zone areas and the National Flood Insurance Program. Such brokers may substitute education completed in their jurisdiction for the remaining five elective hours required by subsection B of this section.

D. In its discretion, and in accordance with § 54.1-2105.03 of the Code of Virginia, the board may approve additional subjects toward fulfillment of the elective continuing education hours required by this section.

E. Credit for continuing education course completion is given for each class hour or clock hour.

F. Licensees are responsible for retaining for three years and providing proof of continuing education to the board or the board's duly authorized agents upon request. Failure to provide documentation of completion as directed by the board may result in the license not being renewed or disciplinary action pursuant to this chapter.

G. Instructors who are also licensees of the board may earn continuing education credit for teaching continuing education courses.

H. Any continuing education credits completed by the licensee in excess of that required in the current license term that are obtained in the six months immediately prior to the license expiration date will carry over into the next two-year renewal period.

History

Statutory Authority: §§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 11, eff. April 1, 2008; amended, Virginia Register Volume 31, Issue 26, eff. November 1, 2015; Volume 35, Issue 17, eff. June 1, 2019; Volume 41, Issue 2, eff. November 1, 2024; Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-105 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 19, Issue 12, eff. April 1, 2003; amended, Virginia Register Volume 24, Issue 11, eff. April 1, 2008; repealed, Virginia Register Volume 31, Issue 26, eff. November 1, 2015.

18VAC135-20-110 Procedures for renewal

A. Prior to the expiration date of the license, the board will send a renewal notice to the licensee.

B. Prior to the expiration date of the license, each licensee desiring to renew the license must return to the board the appropriate fee specified in 18VAC135-20-15.

C. Failure to receive notices from the board regarding license renewal does not relieve the licensee of the obligation to renew.

History

Statutory Authority: §§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from VR585-01-1 § 3.3, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 15, Issue 5, eff. January 1, 1999; Volume 19, Issue 12, eff. April 1, 2003; Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-120 (Repealed.)

History

Historical Notes: Derived from VR585-01-1 § 3.4, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 14, Issue 6, eff. January 8, 1998; Volume 15, Issue 5, eff. January 1, 1999; Volume 15, Issue 18, eff. July 1, 1999; Volume 19, Issue 12, eff. April 1, 2003; Volume 20, Issue 23, eff. September 1, 2004; Volume 31, Issue 26, eff. November 1, 2015; Errata, 32:1 VA.R. 242 September 7, 2015; amended, Virginia Register Volume 41, Issue 1, eff. October 1, 2024; repealed, Virginia Register Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-130 (Repealed.)

History

Historical Notes: Derived from VR585-01-1 § 3.5, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 19, Issue 12, eff. April 1, 2003; repealed, Virginia Register Volume 42, Issue 14, eff. April 1, 2026.

Part IV Reinstatement

18VAC135-20-140 Failure to renew; reinstatement required

A. All applicants for reinstatement must meet the applicable education requirements in 18VAC135-20-95 or 18VAC135-20-101. Applicants for reinstatement who want to activate a license must have completed the education requirement to reinstate and activate the license. Applicants for reinstatement of an inactive license are not required to complete the continuing education requirement for license reinstatement.

B. If the requirements for renewal of a license, including receipt of the fee by the board, are not completed by the licensee within 30 days of the expiration date noted on the license, the applicable reinstatement fee specified in 18VAC135-20-15 is required.

C. A license may be reinstated for up to one year following the expiration date with payment of the reinstatement fee. When a license is reinstated, the licensee will continue to have the same license number and will be assigned an expiration date two years from the previous expiration date of the license. After one year, the license may not be reinstated under any circumstances and the applicant must meet all current educational and examination requirements and apply as a new applicant.

D. An individual, business entity, or firm may not perform activities defined in § 54.1-2100 of the Code of Virginia with an expired license. Any real estate activity conducted subsequent to the expiration date may constitute unlicensed activity and be subject to prosecution under Chapter 1 (§ 54.1-100 et seq.) of Title 54.1 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from VR585-01-1 § 4.1, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 14, Issue 6, eff. January 8, 1998; Volume 15, Issue 18, eff. July 1, 1999; Volume 19, Issue 12, eff. April 1, 2003; Volume 20, Issue 23, eff. September 1, 2004; Volume 31, Issue 26, eff. November 1, 2015; Errata, 32:1 VA.R. 242 September 7, 2015; Errata, 32:2 VA.R. 296 September 21, 2015; amended, Virginia Register Volume 41, Issue 1, eff. October 1, 2024; Volume 41, Issue 2, eff. November 1, 2024; Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-145 Status of licensee during the period prior to reinstatement

A licensee who reinstates a license will be regarded as having been continuously licensed without interruption and will remain under the disciplinary authority of the board during this entire periodand will be held accountable for activities during this period.

History

Statutory Authority: §§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-150 Board discretion to deny renewal or reinstatement

The board may deny renewal or reinstatement of a license for (i) the same reasons as it may refuse initial licensure or discipline a current licensee; (ii) failure to meet the terms of an agreement for licensure or other board order; or (iii) failure to fully pay monetary penalties and costs imposed by the board, plus any accrued interest.

History

Statutory Authority: §§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from VR585-01-1 § 4.2, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 15, Issue 5, eff. January 1, 1999; Volume 19, Issue 12, eff. April 1, 2003; Volume 42, Issue 14, eff. April 1, 2026.

Part V Standards of Practice and Conduct

18VAC135-20-155 Grounds for disciplinary action

A. The board has the power to impose a monetary penalty against any licensee or certificate holder and to suspend or revoke any license or certificate issued under the provisions of Chapter 21 (§ 54.1-2100 et seq.) of Title 54.1 of the Code of Virginia and this chapter in accordance with subdivision A 7 of § 54.1-201 and § 54.1-202 of the Code of Virginia and the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia), where the licensee or certificate holder has been found to have violated or cooperated with others in violating any provision of Chapters 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), 3 (§ 54.1-300 et seq.), and 21 (§ 54.1-2100 et seq.) of Title 54.1 of the Code of Virginia, Chapter 10 (§ 55.1-1000 et seq.) of Title 55.1 of the Code of Virginia, or any regulation of the board.

B. Any licensee failing to comply with the provisions of Chapter 21 (§ 54.1-2100 et seq.) of Title 54.1 of the Code of Virginia or the regulations of the board in performing any acts covered by § 54.1-2100 of the Code of Virginia may be charged with a violation, regardless of whether those acts are in the licensee's personal capacity or in the licensee's capacity as a real estate licensee.

History

Statutory Authority: §§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 12, eff. April 1, 2003; amended, Virginia Register Volume 31, Issue 26, eff. November 1, 2015; Volume 36, Issue 8, eff. January 15, 2020; Volume 41, Issue 2, eff. November 1, 2024; Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-160 Place of business

A. Every principal broker must have the following readily available to the public in the primary place of business:

The firm license;
The principal broker license; and
The license of every salesperson and broker active with the firm.

B. Each branch office must have readily available to the public the branch office license and a roster of every salesperson or broker assigned to that branch office.

History

Statutory Authority: §§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from VR585-01-1 § 5.1, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 15, Issue 5, eff. January 1, 1999; Volume 19, Issue 12, eff. April 1, 2003; Volume 24, Issue 11, eff. April 1, 2008; Volume 31, Issue 26, eff. November 1, 2015; Volume 41, Issue 2, eff. November 1, 2024; Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-165 Duties of supervising broker

In addition to the duties of supervising brokers set forth in § 54.1-2110.1 of the Code of Virginia, supervising brokers must:

Provide supervision of brokerage services in a timely manner.
Undertake reasonable steps to ensure only licensees undertake activities requiring a license, to include such activities described in 18VAC135-20-335 A.
Provide adequate supervision over all unlicensed individuals or entities associated with the firm or the firm's licensees, to include such activities described in 18VAC135-20-335 B.
Act with reasonable diligence and promptness in responding to inquiries from cooperating brokers.

History

Statutory Authority: §§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from subsection D of 18VAC135-20-160, Virginia Register Volume 31, Issue 26, eff. November 1, 2015; amended, Virginia Register Volume 35, Issue 17, eff. June 1, 2019; Volume 42, Issue 4, eff. November 5, 2025; Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-170 Maintenance of licenses

A. Name and address.

Salespersons and individual brokers must at all times keep the board informed of their current name and home address. Changes of name and address must be reported to the board in writing within 30 calendar days of such change. The board is not responsible for the licensee's failure to receive notices, communications, and correspondence caused by the licensee's failure to promptly notify the board of any change of address.
A licensee may use a professional name other than a legal name if that professional name is filed with the board prior to its use. An individual may use a professional name, which must include the first or last nameand must not include any titles.
Salespersons and brokers will be issued a license only to the place of business of the sole proprietorship or firm with which the salesperson or broker is active.
Principal brokers must at all times keep the board informed of their current firm, branch office, and business entity name and addresses and changes of nameand address must be reported to the board in writing within 30 calendar days of such change. A physical address is required.

B. Discharge or termination of active status.

When any salesperson or broker is discharged or in any way terminates active status with a sole proprietorship or firm, it is the duty of the sole proprietor or principal broker to notify the board with the licensee name, license number, and date of terminationwithin 10 calendar days of the date of termination or being notified of the status change.
When any principal broker is discharged or in any way terminates active status with a firm, it is the duty of the firm to notify the board with the licensee name, license number, and date of terminationwithin 10 calendar days of the date of termination.See § 54.1-2109 of the Code of Virginia for termination relating to the death or disability of the principal broker.

C. When a firm or business entity is no longer authorized to conduct business in the Commonwealth, the board has the authority to terminate that firm or business entity's license until such time as the firm or business entity provides evidence that it is again authorized to conduct business in the Commonwealth.

History

Statutory Authority: §§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from VR585-01-1 § 5.2, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 15, Issue 5, eff. January 1, 1999; Volume 19, Issue 12, eff. April 1, 2003; Volume 24, Issue 11, eff. April 1, 2008; Volume 31, Issue 26, eff. November 1, 2015; Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-180 (Repealed.)

History

Historical Notes: Derived from VR585-01-1 § 5.3, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 15, Issue 5, eff. January 1, 1999; Volume 19, Issue 12, eff. April 1, 2003; Volume 24, Issue 11, eff. April 1, 2008; Volume 31, Issue 26, eff. November 1, 2015; Volume 34, Issue 5, eff. December 1, 2017; Volume 35, Issue 3, eff. November 1, 2018; Volume 36, Issue 8, eff. January 15, 2020; Volume 36, Issue 26, eff. October 1, 2020; Volume 38, Issue 2, eff. November 1, 2021; Volume 39, Issue 1, eff. October 1, 2022; repealed, Virginia Register Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-181 Maintenance and management of escrow accounts

A. Maintenance of escrow accounts.

General escrow account requirements. If money is to be held in escrow, each firm or sole proprietorship must maintain one or more federally insured escrow accounts into which all funds received in connection with a real estate transaction must be deposited.

a. The escrow account must be in the name by which the firm or sole proprietorship is licensed.

b. The principal broker will be held responsible for these accounts, including having signatory authority on these accounts.

c. The supervising broker and any other licensee with signatory authority may be held responsible for these accounts.

d. All such accounts, checks , and bank statements must be labeled "escrow" and the accounts must be designated as "escrow" accounts with the financial institution where such accounts are established.

e. The balance in the escrow accounts must be sufficient at all times to account for all funds that are designated to be held by the firm or sole proprietorship.

Escrow deposits.

a. All down payments, earnest money deposits, money received upon final settlement, application deposits, rental payments, rental security deposits, money advanced by a buyer or seller for the payment of expenses in connection with the closing of real estate transactions, money advanced by the broker's client or any other person must be deposited into an escrow account, in accordance with relevant law, unless all principals to the transaction have agreed otherwise in writing.

b. Funds to be deposited in the escrow account may include moneys that will ultimately belong to the licensee in the escrow account, provided such money is separately identified in the escrow account records and paid to the firm from the escrow account when funds become due to the licensee. Funds in an escrow account must not be paid directly to the licensees of the firm.

c. The fact that an escrow account contains money that may ultimately belong to the licensee does not constitute "commingling of funds" as set forth by subdivision D 2 of this section, provided that there are periodic withdrawals of the funds at intervals of not more than six months, and that the licensee can at all times accurately identify the total funds in that account which belong to the licensee and the firm.

B. Handling and disbursement of funds from escrow accounts.

Purchase transactions.

a. Upon the ratification of a contract, an earnest money deposit received by the principal broker or supervising broker or the broker's associates must be deposited, handled, and disbursed in accordance with § 54.1-2108.2 of the Code of Virginia.

b. Unless otherwise agreed in writing by all principals to the transaction, a licensee will not be entitled to any part of the earnest money deposit or to any other money paid to the licensee in connection with any real estate transaction as part of the licensee's commission until the transaction has been consummated.

Lease transactions:

a. Any application deposit, security deposit, rent, or other money paid to the licensee acting on behalf of a landlord client in connection with the lease must be deposited in an escrow account in accordance with § 54.1-2108.1 of the Code of Virginia.

b. Security deposits must be treated in accordance with the security deposit provisions of the Virginia Residential Landlord and Tenant Act, Chapter 12 (§ 55.1-1200 et seq.) of Title 55.1 of the Code of Virginia, unless exempted therefrom, in which case the terms of the lease or other applicable law will control.

c. Prepaid rent must be treated in accordance with the prepaid rent provisions of the Virginia Residential Landlord and Tenant Act, Chapter 12 (§ 55.1-1200 et seq.) of Title 55.1 of the Code of Virginia.

d. Escrow funds must remain in an escrow account until disbursed in accordance with the terms of the lease, the property management agreement, or the applicable statutory provisions.

e. Unless otherwise agreed in writing by the principals to the lease or property management agreement, as applicable, a licensee will not be entitled to any part of the security deposit or to any other money paid to the licensee in connection with any real estate lease as part of the licensee's commission except in accordance with the terms of the lease or the property management agreement, as applicable.

f. Except in the event of a foreclosure, if a licensee elects to terminate the property management agreement with the landlord, the licensee may transfer any funds held in escrow on behalf of the landlord in accordance with § 54.1-2108.1 B 5 of the Code of Virginia.

On funds placed in an account bearing interest, written disclosure in the contract of purchase or lease at the time of contract or lease writing must be made to the principals to the transaction regarding the disbursement of interest.
A licensee must not disburse or cause to be disbursed moneys from an escrow account unless sufficient money is on deposit in that account to the credit of the individual client or property involved.
Unless otherwise agreed in writing by all principals to the transaction, expenses incidental to closing a transaction (e.g., fees for appraisal, insurance, credit report) must not be deducted from a deposit or down payment.

C. Escrow and foreclosure.

Purchase transactions. If a principal broker or supervising broker is holding escrow funds for the owner of real property and such property is foreclosed upon, the principal broker or supervising broker must comply with the provisions of § 54.1-2108.1 A 1 and A 2 of the Code of Virginia.
Lease transactions.

a. If a single-family residential dwelling unit is foreclosed upon and there is a tenant in the dwelling unit on the date of the foreclosure sale and the landlord is holding a security deposit of the tenant, the landlord must handle the security deposit in accordance with § 54.1-2108.1 A 3 of the Code of Virginia.

b. If there is at the date of the foreclosure sale a tenant in a residential dwelling unit foreclosed upon and the rent is paid to a licensee acting on behalf of the landlord pursuant to a properly executed property management agreement, the licensee may collect the rent in accordance with § 54.1-2108.1 A 4 of the Code of Virginia.

c. If a single-family residential dwelling unit is foreclosed upon, and at the date of the foreclosure sale there is a written property management agreement between a licensee and a landlord, the property management agreement must continue in accordance with § 54.1-2108.1 A 5 of the Code of Virginia.

D. Improper maintenance of escrow funds includes:

Accepting any note, nonnegotiable instrument, or anything of value not readily negotiable, as a deposit on a contract, offer to purchase, or lease without acknowledging its acceptance in the agreement;
Commingling the funds of any person by a principal or supervising broker or the broker's employees or associates or any licensee with the broker's own funds, or those of the broker's corporation, firm, or association. If escrow funds are used to purchase a certificate of deposit, the pledging or hypothecation of such certificate, or the absence of the original certificate from the direct control of the principal or supervising broker, will constitute commingling;
Failing to deposit escrow funds in an account designated to receive only such funds as required by subdivision A 1 of this section; and
Failing to have sufficient balances in an escrow account at all times for all funds that are designated to be held by the firm or sole proprietorship as required by this chapter.

History

Statutory Authority: §§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-185 Maintenance and management of records

A. The principal broker must maintain financial records regarding any real estate transactions under the authority of the broker's license. Such records must be readily accessible from the broker's place of business. The records must contain:

From whom money was received;
The date of receipt;
The place of deposit;
The date of deposit;
The final disposition of the funds; and
Any other information required in this chapter.

When a principal broker's office is located outside of Virginia and the firm has a branch office in Virginia, a copy of these records must be readily accessible in the Virginia office.

B. The principal broker must maintain a bookkeeping or recordkeeping system that must accurately and clearly disclose full compliance with the requirements outlined in this section. Accounting records that are in sufficient detail to provide necessary information to determine such compliance must be maintained.

C. A principal broker or supervising broker must maintain and retain the following records:

Each brokerage agreement must be retained for three years from the date of execution. Each disclosure and consent to dual agency or dual representation and disclosure and consent to designated agency or designated representation must be retained for three years from the date of execution.
All documents pertaining to a transaction, including a complete and legible copy of each executed contract of sale, any executed release from contract, any executed lease agreement, any executed property management agreement, each settlement statement related to a real estate transaction, and unrepresented party in disclosure in the broker's control or possession unless prohibited by law. Such records must be retained for three years from the date of closing or from ratification if the transaction fails to close.
A complete and accurate record of such receipts and their disbursements for moneys received on behalf of others. Such records must be retained for a period of three years from the date of the closing or termination of a sales transaction, or the termination of a lease or conclusion of the licensee's involvement in a lease.

History

Statutory Authority: §§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 12, eff. April 1, 2003; amended, Virginia Register Volume 31, Issue 26, eff. November 1, 2015; Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-190 Advertising by licensees

A. All advertising must be under the direct supervision of the principal broker or supervising broker, in the name of the firm and, when applicable, comply with the disclosure required by § 54.1-2138.1 of the Code of Virginia. The firm's licensed name must be clearly and legibly displayed on all advertising.

B. Advertising disclosure.

All advertising by a firm or affiliated licensee must contain a clear, legible, and conspicuous advertising disclosure, which must include (i) the firm's name and (ii) the office contact information. The office contact information and any additional required information will be specified by the principal or supervising broker in the firm's written policies.
All advertising by an affiliated licensee must be done under the policies of a principal or supervising broker.
Any property information provided by and in control of the licensee in any advertising must be consistent with the property condition and the property's current contract status. A licensee who knows or discovers that a third party controls the advertising must make a timely written request for changes to be made.
All advertising must be updated in a timely manner whenever there is a material change to the listing status or property descriptions. A licensee who knows or discovers that a third party controls the advertising must make a timely written request for changes to be made.

History

Statutory Authority: §§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from VR585-01-1 § 5.4, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 15, Issue 5, eff. January 1, 1999; Volume 19, Issue 12, eff. April 1, 2003; Volume 24, Issue 11, eff. April 1, 2008; Volume 31, Issue 26, eff. November 1, 2015; Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-200 (Repealed.)

Historical Notes

Derived from VR585-01-1 § 6.1, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 15, Issue 5, eff. January 1, 1999; repealed, Virginia Register Volume 19, Issue 12, eff. April 1, 2003.

18VAC135-20-210 (Repealed.)

History

Historical Notes: Derived from VR585-01-1 § 6.2, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 15, Issue 5, eff. January 1, 1999; Volume 24, Issue 11, eff. April 1, 2008; Volume 31, Issue 26, eff. November 1, 2015; repealed, Virginia Register Volume 39, Issue 1, eff. October 1, 2022.

18VAC135-20-220 Disclosure of brokerage relationships

A. Purchase transactions.

A licensee must disclose whom the licensee represents to an actual or prospective buyer or seller who is not the client of the licensee and who is not represented by another licensee and with whom the licensee has substantive discussions about a specific property pursuant to § 54.1-2138 A of the Code of Virginia.
Except as otherwise provided in subdivision 3 of this subsection, such disclosure must be made in writing at the earliest practical time, but in no event later than the time specific real estate assistance is first provided. Any disclosure complying with the provisions of § 54.1-2138 A of the Code of Virginia will be deemed in compliance with this disclosure requirement.
A licensee acting as a dual or designated agent or as a dual or designated representative must obtain the written consent of all clients to the transaction at the earliest practical time. Such consent will be presumed to have been given by a client who signs a disclosure complying with the provisions of §§ 54.1-2139, 54.1-2139.01, and 54.1-2139.1 of the Code of Virginia. Such disclosure must be given to, and consent obtained from, (i) the buyer not later than the time an offer to purchase is presented to the licensee who will present the offer to the listing agent or seller, and (ii) the seller not later than the time the offer to purchase is presented to the seller.
Any disclosure required by this subsection may be given in combination with other disclosures or information, but, if so, the disclosure must be conspicuous, printed in bold lettering, all capitals, underlined, or within a separate box or as otherwise provided by § 54.1-2138 of the Code of Virginia.

B. Lease transactions.

Unless disclosure has been previously made by a licensee, a licensee must disclose to an actual or prospective landlord or tenant who is not the client of the licensee and who is not represented by another licensee, that the licensee has a brokerage relationship with another party to the transaction. Such disclosure must be in writingand included in the application for lease or the lease itself, whichever occurs first. If the terms of the lease do not provide for such disclosure, the disclosure must be made in writing not later than the signing of the lease.
This disclosure requirement will not apply to lessors or lessees in single or multi-family residential units for lease terms of less than two months.

History

Statutory Authority: §§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from VR585-01-1 § 6.3, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 15, Issue 5, eff. January 1, 1999; Volume 19, Issue 12, eff. April 1, 2003; Volume 24, Issue 11, eff. April 1, 2008; Volume 31, Issue 26, eff. November 1, 2015; Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-225 Audits

A. Procedures for mandatory audit.

A principal broker or supervising broker must conduct or have a third party conduct an audit within 90 days prior to the expiration of the firm license. Such audit must be documented on a form developed by the board.
In conducting an audit of practices, policies, and procedures of the firm or sole proprietorship, the principal broker or supervising broker or a third party must examine and document all matters regarding the compliance by the firm or sole proprietorship with law and regulation regarding:

a. Proper handling of escrow deposits and maintenance of a complete record of financial transactions;

b. Compliance with federal and state fair housing laws and regulations if the firm or sole proprietorship engages in residential brokerage, residential leasing, or residential property management;

c. Advertising in all forms and media;

d. Negotiation and drafting of contracts, leases, and brokerage agreements;

e. Use of unlicensed individuals;

f. Agency or independent contractor relationships;

g. Distribution of information on new or changed statutory or regulatory requirements;

h. Proper documentation of required disclosures; and

i. Such other matters as necessary to ensure the competence of licensees to comply with this chapter and Chapter 21 (§ 54.1-2100 et seq.) of Title 54.1 of the Code of Virginia.

If at the conclusion of a mandatory audit the principal broker or supervising broker or third party believes there is noncompliance with the provisions of board regulations or law, the principal broker or supervising broker may use the procedures for voluntary compliance described in subsection B of this section.

B. Procedures for voluntary compliance, self-audit, or third-party audit; broker immunity.

A broker will have immunity from board discipline for matters self-reported when the following conditions are met:

a. A principal broker or supervising broker has conducted, or had another person conduct, an audit of the practices, policies, and procedures of the firm or sole proprietorship in accordance with § 54.1-2111.1 of the Code of Virginia.

b. The principal broker or supervising broker has signed the report conducted in accordance with this subsection.

c. A principal broker or supervising broker notifies the board in writing within 30 days following the conclusion of a self-audit, or within 30 days from the receipt of the final report of a third-party audit, of any matter the principal broker or supervising broker believes to constitute noncompliance with the provisions of board regulations or law and submits (i) a statement that such noncompliance has been remediated or (ii) a plan to correct such noncompliance within 90 days.

Immunity from enforcement action provided by this section will not apply if the noncompliance with provisions of board regulations or law by the principal broker or supervising broker was intentional or was the result of gross negligence by the principal broker or supervising broker , including any actions by an unlicensed employee negotiating the provisions of a rental agreement as prohibited under § 54.1-2103 C of the Code of Virginia.
Immunity from enforcement action provided by this section will apply only to the principal broker and supervising broker who conducts an audit and submits a voluntary compliance plan in accordance with this section and will not extend to any other broker or salesperson who may not be in compliance with board regulations or law.
Failure to complete the voluntary compliance program within 90 days from the date of plan submission will result in the loss of immunity from regulatory enforcement action. Repeated instances of a violation found as a result of a subsequent audit that was subject to the voluntary compliance program may be deemed by the board to constitute a failure to complete the prior voluntary compliance program.

History

Statutory Authority: §§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 26, eff. November 1, 2015; amended, Virginia Register Volume 42, Issue 4, eff. November 5, 2025; Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-230 (Repealed.)

Historical Notes

Derived from VR585-01-1 § 6.4, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; repealed, Virginia Register Volume 19, Issue 12, eff. April 1, 2003.

18VAC135-20-240 Provision of information to the board

A. Unless otherwise specified by the board, or as set forth in § 54.1-2108 of the Code of Virginia, a licensee of the board must produce to the board or any of the board's agents within 10 days of the request evidence of signature cards or bank records, any document, book, or record concerning any real estate transaction in which the licensee was involved, or for which the licensee is required to maintain records for inspection and copying by the board or the board's agents. The board may extend such timeframe upon a showing of extenuating circumstances prohibiting delivery within such 10-day period.

B. A licensee must respond to any other inquiry by the board or the board's agents within 21 days.

History

Statutory Authority: §§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from VR585-01-1 § 6.5, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 15, Issue 5, eff. January 1, 1999; Volume 19, Issue 12, eff. April 1, 2003; Volume 31, Issue 26, eff. November 1, 2015; Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-250 (Repealed.)

History

Historical Notes: Derived from VR585-01-1 § 6.6; Virginia Register Volume 11, Issue 18, eff. June 28, 1995; amended, Virginia Register Volume 15, Issue 5, eff. January 1, 1999; Volume 19, Issue 12, eff. April 1, 2003; repealed, Virginia Register Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-260 Prohibited acts

The following are prohibited acts:

Obtaining or attempting to obtain, renew, reinstate, or maintain a license or certification by false or fraudulent representation;
Holding more than one license as a real estate broker or salesperson in Virginia, except as provided in this chapter;
Signing an experience verification form without direct supervision or actual knowledge of the applicant's activities as defined in § 54.1-2100 of the Code of Virginia or unreasonably refusing to sign an experience verification form;
Having been convicted or found guilty regardless of the manner of adjudication in any jurisdiction of the United States of a misdemeanor involving fraudulent or dishonest acts, sexual offense, non-marijuana drug distribution, or battery, or any felony, there being no appeal pending therefrom or the time for appeal having elapsed. Review of convictions will be subject to the requirements of § 54.1-204 of the Code of Virginia;
Failing to inform the board in writing within 30 days of any convictions as described in subdivision 4 of this section;
Having a professional or occupational license that was suspended, revoked, or surrendered in connection with a disciplinary action or that has been the subject of discipline in any jurisdiction;
Failing to inform the board in writing within 30 days of a disciplinary action as described in subdivision 6 of this section;
Having been found in a court or an administrative body of competent jurisdiction to have violated the Virginia Fair Housing Act, the Fair Housing Laws of any jurisdiction of the United States, including Title VIII of the Civil Rights Act of 1968 (82 Stat. 73) or the Civil Rights Act of 1866 (14 Stat. 27), there being no appeal therefrom or the time for appeal having elapsed;
Knowingly providing false, misleading, or incomplete information to an inquiry by the board or any of its agents;
Violating, inducing another to violate, cooperating with another to violate, or combining or conspiring with or acting as agent, partner, or associate for another to violate any of the provisions of Chapter 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), 3 (§ 54.1-300 et seq.) , or 21 (§ 54.1-2100 et seq.) of Title 54.1 of the Code of Virginia, or any of the regulations of the board;
Failing to act as a real estate broker or salesperson in such a manner as to safeguard the interests of the public, which includes the following:

a. A principal broker or supervising broker failing to ensure proper supervision and accountability over the firm's day-to-day financial dealings, escrow account, and daily operations;

b. A broker failing to disburse funds from an escrow account according to the regulations or failing to properly retain documents relating to the basis for disbursal;

c. A broker failing to ensure the licensees for whom the broker has oversight responsibility hold active licenses while practicing real estate;

d. A broker failing to have signatory authority on all accounts;

e. A broker failing to account for or remit any moneys coming into the broker’s possession that belong to another;

f. A licensee failing to submit to the broker in a timely manner, all escrow money, contracts, brokerage and other representation agreements, leasing agreements, disclosures, and any other documents for which the broker has oversight responsibility;

g. A licensee performing regulated activities outside the licensee's brokerage firm or sole proprietorship, except for instances in which the licensee has an ownership interest in a property;

h. A licensee operating an unlicensed firm or acting as a principal broker;

i. A licensee practicing real estate with an inactive or expired license;

j. A licensee knowingly providing the broker with an earnest money deposit check from an account with insufficient funds;

k. A licensee providing access to a property without the owner's authorization; and

l. A licensee submitting unauthorized altered copies of a contract to the broker; and

Engaging in improper, fraudulent, or dishonest conduct, which includes the following:

a. A licensee attempting to divert commission from the firm or sole proprietorship and direct payment to a licensee or an unlicensed individual who is not a party to the transaction;

b. A licensee fabricating or altering any document with the intent to mislead;

c. A licensee signing any documents on a client's behalf without first obtaining the proper legal authorization to sign the documents on the client's behalf;

d. A licensee making an escrow deposit payable to the licensee or negotiating the check without written authority;

e. A licensee knowingly misrepresenting ownership of a property;

f. A licensee submitting copies of the same earnest money deposit check for inclusion with multiple offers;

g. A licensee entering into agreements to be compensated for real estate services without an active license;

h. A licensee representing in offers that the licensee received an earnest money deposit when the licensee has not received such deposit or knows the payment is worthless;

i. A licensee misrepresenting who is holding an escrow deposit; and

j. A licensee sitting for an examination for a license the licensee already obtained or taking an examination on behalf of another.

History

Statutory Authority: §§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from VR585-01-1 § 6.7, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 15, Issue 5, eff. January 1, 1999; Volume 19, Issue 12, eff. April 1, 2003; Errata, 19:14 VA.R. 2176, 2177 March 24, 2003; amended, Virginia Register Volume 31, Issue 26, eff. November 1, 2015; Volume 38, Issue 2, eff. November 1, 2021; Volume 41, Issue 2, eff. November 1, 2024; Volume 42, Issue 4, eff. November 5, 2025; Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-270 Conflict of interest

Actions constituting a conflict of interest include:

Being active with a real estate broker other than the licensee's principal broker, without the written consent of the principal broker; and
Acting for more than one client in a transaction governed by the provisions of §§ 54.1-2139, 54.1-2139.01, and 54.1-2139.1 of the Code of Virginia without first obtaining the written consent of all clients.

History

Statutory Authority: §§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from VR585-01-1 § 6.8, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 15, Issue 5, eff. January 1, 1999; Volume 19, Issue 12, eff. April 1, 2003; Volume 31, Issue 26, eff. November 1, 2015; Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-280 Improper financial transactions and dealings

A. Improper financial transactions and dealings include:

Offering to pay, paying, or providing valuable consideration to any person not licensed in this or any jurisdiction for services that require a real estate license;
Accepting a commission, fee, compensation, or other valuable consideration, as a real estate salesperson or associate broker, for any licensed real estate activity from any person or entity except the licensee's principal broker or supervising broker at the time the licensed real estate activity was performed without the prior written consent of the licensee's principal broker;
Receiving financial benefit from the use of any information about the property, the licensed real estate activity, or the parties to the transaction, when the information is gained as a result of the performance of licensed real estate activity without the prior written consent of the licensee's principal broker, the clients, and, when applicable, the parties to the transaction;
Receiving financial benefit or other valuable consideration for any work or service related to a transaction without the prior written acknowledgment of the person paying for such work or service; and
Making a listing contract or lease which provides for a "net" return to the seller or lessor, leaving the licensee free to sell or lease the property at any price the licensee can obtain in excess of the "net" price named by the seller or lessor.

B. Actions constituting improper dealing include offering real property for sale or for lease without the knowledge and consent of the owner or the owner's authorized representative without taking reasonable steps to verify identity, or on any terms other than those authorized by the owner or the owner's authorized representative.

History

Statutory Authority: §§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from VR585-01-1 § 6.9, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 15, Issue 5, eff. January 1, 1999; Volume 19, Issue 12, eff. April 1, 2003; Volume 24, Issue 11, eff. April 1, 2008; Volume 31, Issue 26, eff. November 1, 2015; Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-290 (Repealed.)

History

Historical Notes: Derived from VR585-01-1 § 6.10, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 15, Issue 5, eff. January 1, 1999; Volume 19, Issue 12, eff. April 1, 2003; Volume 31, Issue 26, eff. November 1, 2015; repealed, Virginia Register Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-300 Misrepresentation or omission

Actions constituting misrepresentation or omission include:

Using "bait and switch" tactics by advertising or offering real property for sale or rent with the intent not to sell or rent at the price or terms advertised, unless the advertisement or offer clearly states that the property advertised is limited in specific quantity or for a specified time period and the licensee did in fact have at least that quantity for sale or rent at that price or terms at the time of advertising, including listing status and condition of property;
Failing as a licensee representing a seller or landlord as a standard agent to disclose in a timely manner to a prospective purchaser or tenant all material adverse facts pertaining to the physical condition of the property that are actually known by the licensee;
Failing as a licensee to tender promptly to the client or unrepresented party every written offer, every written counteroffer, and every written rejection to purchase, option, or lease obtained on the property involved;
Failing as a licensee to disclose in a timely manner to the licensee's client all material facts related to the property or concerning the transaction when the failure to so disclose would constitute failure by the licensee to exercise ordinary care;
Failing to provide in a timely manner to all principals to the transaction written notice of any material changes to the transaction;
Disclosing to one client represented in the dual representation confidential information relating to the transaction obtained during the representation of another client in the same dual representation unless otherwise provided by law when acting as a dual agent or dual representative;
Failing to include the complete terms and conditions of the real estate transaction, including any lease, property management agreement, or offer to purchase;
Failing to include in any application, lease, or offer to purchase identification of all those holding any deposits;
Knowingly making any false statement or report, or willfully misstating the value of any land, property, or security for the purpose of influencing in any way the action of any lender upon:

a. Applications, advance discounts, purchase agreements, repurchase agreements, commitments, or loans;

b. Changes in terms or extensions of time for any of the items listed in subdivision 9 a of this section whether by renewal, deferment of action, or other means without the prior written consent of the principals to the transaction;

c. Acceptance, release, or substitution of security for any of the items listed in subdivision 9 a of this section without the prior written consent of the principals to the transaction;

Knowingly making any material misrepresentation; and
Making a false promise through agents, salespersons, advertising, or other means.

History

Statutory Authority: §§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from VR585-01-1 § 6.11, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 15, Issue 5, eff. January 1, 1999; Volume 19, Issue 12, eff. April 1, 2003; Volume 24, Issue 11, eff. April 1, 2008; Volume 31, Issue 26, eff. November 1, 2015; Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-310 Improper delivery of instruments

Actions constituting improper delivery of instruments include:

Failing to make prompt delivery to each principal to a transaction, complete and legible copies of any written disclosures required by §§ 54.1-2138, 54.1-2139, 54.1-2139.01, and 54.1-2139.1 of the Code of Virginia, listings, leases, offers to purchase, counteroffers, addenda and ratified agreements, and other documentation required by the agreement;
Failing to deliver to the seller and buyer, at the time a real estate transaction is completed, a complete and accurate statement of receipts and disbursements of moneys received by the licensee, duly signed and certified by the principal or supervising broker or the broker's authorized agent; provided, however, if the transaction is closed by a settlement agent other than the licensee or the licensee's broker, and if the disbursement of moneys received by the licensee is disclosed on the applicable settlement statement, the licensee will not be required to provide the separate statement of receipts and disbursements; and
Refusing or failing without just cause to surrender to the rightful owner, upon demand, any document or instrument that the licensee possesses.

History

Statutory Authority: §§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from VR585-01-1 § 6.12, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 15, Issue 5, eff. January 1, 1999; Volume 31, Issue 26, eff. November 1, 2015; Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-320 (Repealed.)

Historical Notes

Derived from VR585-01-1 § 6.12, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 15, Issue 5, eff. January 1, 1999; repealed, Virginia Register Volume 19, Issue 12, eff. April 1, 2003.

18VAC135-20-330 Principal and supervising broker's responsibility for acts of licensees and employees

Any unlawful act or violation of any of the provisions of Chapter 21 (§ 54.1-2100 et seq.) of Title 54.1 or of Chapter 5.1 (§ 36-96.1 et seq.) of Title 36 of the Code of Virginia or of the regulations of the board by any real estate salesperson, employee, partner or affiliate of a principal broker, supervising broker, or both, may not be cause for disciplinary action against the principal broker, supervising broker, or both, unless it appears to the satisfaction of the board that the principal broker, supervising broker, or both, knew or should have known of the unlawful act or violation and failed to take reasonable action under the circumstances to remedy the situation.

History

Statutory Authority: §§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from VR585-01-1 § 6.14, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 19, Issue 12, eff. April 1, 2003.

18VAC135-20-335 Activities to be performed by licensees; activities permitted to be performed by non-licensees

A. The following activities may only be performed by an individual or business entity licensed in accordance with this chapter:

Showing property;
Holding an open house;
Answering questions on listings, title, financing, closing, contracts, brokerage agreements, and legal documents;
Discussing, explaining, interpreting, or negotiating a contract, listing, lease agreement, or property management agreement with anyone outside the firm; and
Negotiating or agreeing to any commission, commission split, management fee, or referral fee.

B. The following activities may be performed by an unlicensed individual or entity:

Performing general clerical duties, including answering telephones, responding by electronic media, and providing information shown on the listing;
Submitting listings and changes to MLS;
Following up on loan commitments after contracts have been ratified;
Having keys made for listings;
Computing commission checks;
Placing signs on properties;
Acting as a courier service;
Scheduling appointments;
Recording and depositing escrow funds;
Accepting security deposits, periodic rent, and other payments as contracted for in a rental agreement;
Preparing contract forms for approval of the licensee and supervising broker;
Accepting and signing broker-approved rental agreements, state or federal required disclosures, and any documents required for compliance with Chapter 5.1 (§ 36-96.1 et seq.) of Title 36 of the Code of Virginia related to a rental transaction;
Preparing promotional materials and advertisements for approval of the licensee and supervising broker;
Assembling closing documents;
Obtaining required public information from governmental entities;
Monitoring license and personnel files;
Ordering routine repairs as directed by licensee; and
Performing any other activities undertaken in the regular course of business for which a license is not required.

History

Statutory Authority: §§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-340 Effect of disciplinary action on subordinate licensees

Action by the board resulting in the revocation, suspension, or denial of renewal of the license of any principal broker or sole proprietor will automatically result in an order that the licenses of any and all individuals active with the affected firm be returned to the board until such time as the licenses are reissued upon the written request of a sole proprietor or principal broker pursuant to 18VAC135-20-170 B.

History

Statutory Authority: §§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from VR585-01-1 § 6.15, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 19, Issue 12, eff. April 1, 2003; Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-345 Effect of disciplinary action on certificates, approvals, and concurrent licenses

The board will suspend, revoke, or deny renewal of existing concurrent broker licenses when the board suspends, revokes, or denies renewal of another broker's license held by the same individual. The board will suspend, revoke, or deny renewal of existing instructor certificates and instructor approval when the board suspends, revokes, or denies renewal of a license held by the same individual.

History

Statutory Authority: §§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 11, eff. April 1, 2008; amended, Virginia Register Volume 42, Issue 14, eff. April 1, 2026.

Part VI Schools

18VAC135-20-350 (Repealed.)

History

Historical Notes: Derived from VR585-01-1 § 7.1, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 15, Issue 5, eff. January 1, 1999; repealed, Virginia Register Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-360 Certification of proprietary schools

Every applicant to the board for a proprietary school certificate must meet the standards provided in subsection A of § 54.1-2105.02 of the Code of Virginia by submitting a CPA-certified (i) letter attesting to the applicant's net worth or (ii) a balance sheet or financial statement. Such applicant must show a minimum net worth of $2,000.

History

Statutory Authority: §§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from VR585-01-1 § 7.2, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 15, Issue 5, eff. January 1, 1999; Volume 19, Issue 12, eff. April 1, 2003; Volume 24, Issue 11, eff. April 1, 2008; Volume 31, Issue 26, eff. November 1, 2015; Volume 41, Issue 2, eff. November 1, 2024; Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-361 Certification of instructors

A. Every applicant to the board for certification as an instructor for prelicense education must meet two of the qualifications outlined in subdivisions 1 through 7 of this subsection:

| | Prerequisite Credential | Education | Experience | | --- | --- | --- | --- | | 1. | Active real estate broker license | Baccalaureate degree or higher | Two consecutive years of active real estate experience immediately prior to application. | | 2. | Active real estate broker license | N/A | Five consecutive years of active real estate experience immediately prior to application. | | 3. | A professional designation that has been approved by the board. | N/A | N/A | | 4. | Fully designated membership of the Real Estate Educators Association holding the Designated Real Estate Instructor (DREI) designation. | N/A | N/A | | 5. | Valid teaching credential issued by the Commonwealth of Virginia, or any other state with qualifications that are equal to or exceed Virginia teacher qualifications. | N/A | N/A | | 6. | N/A | N/A | At least five years of teaching experience in the real estate field or at an accredited university, college, community college, or educational institution, or their equivalent. | | 7. | Attorney member of the Virginia State Bar who is engaged in the field of real estate-related law. | N/A | N/A |

The board may waive the requirements of subdivisions 1 through 7 of subsection A upon review of proof of substantially equivalent qualifications.

B. Every applicant to the board for certification as an instructor for continuing education and post-license education must have expertise in a specific field of real estate with at least three years of active experience in that field in the five years immediately preceding the date of application and must teach only in the area of such applicant's expertise. Such applicants must furnish proof of expertise. Proof of expertise may include (i) educational transcripts, (ii) professional certificates, (iii) no more than three letters of reference, (iv) a resume, or (v) any other type of documentation that verifies an applicant's experience.

C. The board has discretion to deny an applicant who has been the subject of a disciplinary action.

History

Statutory Authority: §§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-362 Approval of courses

A. Prelicense courses must be acceptable to the board, be taught by a certified prelicense instructor, and are required to have a monitored, final written assessment. All courses offered by an approved provider must include a mechanism designed to ensure reasonably that licensees are actively engaged for each class hour. Schools applying for approval to offer prelicense education courses must (i) electronically submit an application on a form prescribed by the board; (ii) gain approval by the board prior to initially offering the course; and (iii) supply the following information:

Course syllabus;

a. All Principles and Practices of Real Estate courses must include the topic areas specified in 18VAC135-20-400.

b. All requests to offer broker courses must include a course syllabus acceptable to the board;

Name of the course text and any research materials used for study assignments;
Description of any research assignments;
Copies of proficiency assessments, tests, or quizzes; and
Information about recordkeeping for the type of course delivery.

B. Continuing education and post-license education course requirements.

Schools applying for approval to teach continuing education and post-license education courses must electronically submit an application on a form prescribed by the board and gain approval by the board prior to initially offering the course.
All courses offered by an approved provider must include a mechanism designed to ensure reasonable that licensees are actively engaged for each class hour.
Correspondence and other distance learning courses offered by an approved provider must include appropriate testing procedures to verify completion of the course, including requiring licensees who complete correspondence or other distance learning courses to file a notarized affidavit certifying compliance with the course requirements with the education provider or with the licensee's own records.
The board will approve courses and the number of hours approved for each course based on the relevance of the subject to the performance of the duties set forth in § 54.1-2100 of the Code of Virginia.
Course content must be specific to the current laws and regulations of Virginia where applicable.

C. Approval of prelicense, continuing education, and post-license education courses, as well as post-license and continuing education instructors, will expire three years from the last day of the month in which the approval was granted by the board.

D. All schools must establish and maintain a record for each student. The record must include:

The student's name and address;
The course name and clock hours attended;
The course syllabus or outline;
The name of the instructor;
The date of successful completion; and
The board's course code.

Records must be available for inspection during normal business hours by authorized representatives of the board. Schools must maintain all student and class records for a minimum of five years.

E. All schools must provide each student with a certificate of course completion or other documentation that the student may use as proof of course completion. Such documentation must contain:

The student's name;
School name;
Course name;
Course approval number;
Course completion date;
Hours of credit completed; and
A statement that the course is "Approved by the Real Estate Board."

F. All providers of prelicense, continuing education, or post-license education courses must electronically transmit course completion data to the board in an approved format and method within five business days of the completion of each individual course.

G. All schools must appropriately update their course materials to reflect changes in applicable law or regulation when those changes take effect. Such changes do not require separate approval.

History

Statutory Authority: §§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-370 (Repealed.)

History

Historical Notes: Derived from VR585-01-1 § 7.3, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 14, Issue 6, eff. January 8, 1998; Volume 15, Issue 5, eff. January 1, 1999; Volume 15, Issue 18, eff. July 1, 1999; Volume 19, Issue 12, eff. April 1, 2003; Volume 20, Issue 23, eff. September 1, 2004; Volume 24, Issue 11, eff. April 1, 2008; Volume 41, Issue 1, eff. October 1, 2024; repealed, Virginia Register Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-380 (Repealed.)

History

Historical Notes: Derived from VR585-01-1 § 7.4, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 15, Issue 5, eff. January 1, 1999; repealed, Virginia Register Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-390 Withdrawal of approval

The board may withdraw approval of any school, course, or instructor for the following reasons:

The school, instructors, courses, or subjects no longer meet the standards established by the board.
The school or instructor solicits information from any person for the purpose of discovering past examination questions or questions that may be used in future examinations.
The school or instructor distributes to any person copies of examination questions, or otherwise communicates to any person examination questions, without receiving the prior written approval of the copyright owner to distribute or communicate those questions.
The school, through an agent or otherwise, advertises the school's services in a fraudulent, deceptive, or misrepresentative manner.
Officials, instructors, or designees of the school sit for a real estate licensing examination for any purpose other than to obtain a license as a broker or salesperson.
A school or instructor fails to ensure the timely and accurate electronic transmission of course completion data.

History

Statutory Authority: § 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from VR585-01-1 § 7.5, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 15, Issue 5, eff. January 1, 1999; Volume 24, Issue 11, eff. April 1, 2008; Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-400 Course content of real estate principles and practices

The following must be included in the four-semester-hour or six-quarter-hour course. Such course must be at least 60 class hours:

Economy and social impact of real estate,
Real estate market and analysis,
Property rights,
Contracts,
Deeds,
Mortgages and deeds of trust,
Types of mortgages,
Leases,
Liens,
Home ownership,
Real property and title insurance,
Investment,
Taxes in real estate,
Real estate financing,
Brokerage agreements and agency contract responsibilities,
Real estate marketing,
Real property management,
Search, examination, and registration of title,
Title closing,
Appraisal of residential and income producing property,
Planning subdivision developments and condominiums,
Regulatory statutes,
Housing legislation,
Fair housing statutes, and
Real Estate Board regulations.

History

Statutory Authority: § 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from VR585-01-1 § 7.6, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 15, Issue 5, eff. January 1, 1999; Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-410 Broker courses

A. Brokerage must be a required specific course with three semester hours or six quarter hours, but at least 45 class hours, constituting a complete course.

B. "Related subjects," as referred to in § 54.1-2105 of the Code of Virginia, must be real estate related, including courses in property management, land planning and land use, business law, real estate economics, and real estate investments.

C. No more than 45 class hours of broker-related courses will be accepted in lieu of specific broker courses set forth in § 54.1-2105 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from VR585-01-1 § 7.7, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 15, Issue 5, eff. January 1, 1999; Volume 19, Issue 12, eff. April 1, 2003; Volume 42, Issue 14, eff. April 1, 2026.

18VAC135-20-420 (Repealed.)

Historical Notes

Derived from VR585-01-1 §§ 7.8 to 7.10, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; repealed, Virginia Register Volume 15, Issue 5, eff. January 1, 1999.

Chapter 50 Fair Housing Regulations

Part I General Provisions

18VAC135-50-10 Definitions

The definitions provided in the Virginia Fair Housing Law, as they may be supplemented in this section, shall apply throughout this chapter.

The following words and terms used in this chapter have the following meanings, unless the context clearly indicates otherwise:

"Authorized representative" means (i) an attorney licensed to practice law in the Commonwealth, or (ii) a law student appearing in accordance with the third-year student practice rule, or (iii) a non-lawyer under the supervision of an attorney and acting pursuant to Part 6, § 1, Rule 1 (UPR 1-101(A)(1)) of the Rules of the Supreme Court of Virginia, or (iv) a person who, without compensation, advises a complainant, respondent, or aggrieved person in connection with a complaint, a conciliation conference, or a proceeding before the board. When a complainant, respondent, or aggrieved person authorizes a person to represent him under clause (iv) of this definition, such authority shall be made to the board, either in writing or orally in an appearance before the board, and shall be accepted by the representative by sending a written acknowledgement to the board or by the representative's appearance before the board.

"Board" means the Real Estate Board or the Fair Housing Board, or both.

"Broker" or "agent" means any person authorized to perform an action on behalf of another person regarding any matter related to the sale or rental of dwellings, including offers, solicitations, or contracts and the administration of matters regarding such offers, solicitations, or contracts or any residential real estate-related transactions.

"Department" means the Virginia Department of Professional and Occupational Regulation.

"Fair housing administrator" means the individual employed and designated as such by the Director of the Department of Professional and Occupational Regulation.

"Fair housing law" means the Virginia Fair Housing Law, Chapter 5.1 (§ 36-96.1 et seq.) of Title 36 of the Code of Virginia, effective July 1, 1991.

"Gender identity" means the gender-related identity, appearance, or other gender-related characteristics of an individual, with or without regard to the individual's designated sex at birth.

"Person in the business of selling or renting dwellings" means any person who (i) within the preceding 12 months, has participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein; (ii) within the preceding 12 months, has participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein; or (iii) is the owner of any dwelling designed or intended for occupancy by or occupied by, five or more families.

"Receipt of notice" means the day that personal service is completed by handing or delivering a copy of the document to an appropriate person or the date that a document is delivered by certified mail, or three days after the date of the proof of mailing of first class mail.

"Sexual orientation" means a person's actual or perceived heterosexuality, bisexuality, or homosexuality.

History

Statutory Authority: § 36-96.8 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 1.1, eff. December 1, 1991; amended, Virginia Register Volume 19, Issue 24, eff. September 10, 2003; Volume 23, Issue 22, eff. September 22, 2007; Volume 30, Issue 11, eff. March 1, 2014; Volume 37, Issue 3, eff. November 1, 2020; Volume 38, Issue 5, eff. December 1, 2021.

18VAC135-50-20 Purpose

This chapter governs the exercise of the administrative and enforcement powers granted to and the performance of duties imposed upon the Real Estate Board and the Fair Housing Board by the Virginia Fair Housing Law. In accordance with § 54.1-2344 of the Code of Virginia, the Real Estate Board is responsible for the administration and enforcement of the Fair Housing Law with respect to real estate licensees or their agents or employees who have allegedly violated or violated the Fair Housing Law. The Fair Housing Board is responsible for the administration and enforcement of the Fair Housing Law with respect to all others who have allegedly violated or violated the Fair Housing Law.

This chapter provides the board's interpretation of the coverage of the fair housing law regarding discrimination related to the sale or rental of dwellings, the provision of services in connection therewith, the availability of residential real estate-related transactions, or any other discriminatory conduct prohibited by the Virginia Fair Housing Law.

History

Statutory Authority: §§ 36-96.8 and 54.1-2105 of the Code of Virginia; 42 USC § 3613.
Historical Notes: Derived from VR585-01-05 § 1.2, eff. December 1, 1991; amended, Virginia Register Volume 23, Issue 22, eff. September 22, 2007; Volume 30, Issue 11, eff. March 1, 2014.

18VAC135-50-30 General construction

This chapter shall be construed to further the policies and purposes of the Virginia Fair Housing Law. The board does not intend that a failure by the board to comply with this chapter should constitute a jurisdictional or other bar to administrative or legal action unless otherwise required under this chapter or the law. The board further intends that this chapter shall impose obligations, rights and remedies which are substantially equivalent to those provided by the federal fair housing law and regulations.

History

Statutory Authority: §§ 36-96.20 C and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 1.3, eff. December 1, 1991; amended, Virginia Register Volume 19, Issue 24, eff. September 10, 2003.

18VAC135-50-40 (Repealed.)

Historical Notes

Derived from VR585-01-05 § 1.4, eff. December 1, 1991; repealed, Virginia Register Volume 19, Issue 24, eff. September 10, 2003.

18VAC135-50-50 Scope

It is the policy of Virginia to provide, within constitutional limitations, for fair housing throughout the Commonwealth and to impose obligations, rights, and remedies substantially equivalent to those granted under federal law. No person shall be subject to discriminatory housing practices in the sale, rental, advertising of dwellings, inspection of dwellings, or entry into a neighborhood, in the provision of brokerage services, financing, the availability of residential real estate-related transactions, or any other discriminatory conduct prohibited by the Virginia Fair Housing Law because of race, color, religion, sex, disability, elderliness, familial status, national origin, source of funds, sexual orientation, gender identity, or military status.

History

Statutory Authority: § 36-96.8 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 1.5, eff. December 1, 1991; amended, Virginia Register Volume 19, Issue 24, eff. September 10, 2003; Volume 30, Issue 11, eff. March 1, 2014; Volume 37, Issue 3, eff. November 1, 2020; Volume 38, Issue 5, eff. December 1, 2021.

18VAC135-50-60 Notice

Whenever any person is required by these regulations to give notice to any other person of any fact, matter, or event, then such notice shall be written, and delivery of such notice shall be sufficient if the person giving notice demonstrates that he has used any of the following methods: (i) certified mail, (ii) personal service which means handing a copy of the document to the person to be served or leaving a copy of the document with a person of suitable age and discretion at the place of business, residence or usual place of abode of the person to be served; and (iii) first class mailing with proof of mailing.

This section shall in no way be construed to invalidate delivery of notice in any case in which it can be shown that the person intended to receive the notice actually received it.

History

Statutory Authority: § 36-96.8 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 1.6, eff. December 1, 1991.

Article 1 Prohibited Practices

18VAC135-50-70 Real estate practices prohibited

Article 1 Prohibited Practices

This chapter provides the board's interpretation of conduct that is unlawful housing discrimination under § 36-96.3 of the Code of Virginia. The list of unlawful discriminatory housing practices contained in § 36-96.3 of the Virginia Fair Housing Law is to be construed as broadly as possible. In general, the prohibited actions are set forth under sections of these regulations which are most applicable to the discriminatory conduct described. However, an action illustrated in one section can constitute a violation under other sections in these regulations.

History

Statutory Authority: §§ 36-96.20 C and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 2.1, eff. December 1, 1991; amended, Virginia Register Volume 19, Issue 24, eff. September 10, 2003.

18VAC135-50-80 Unlawful refusal to sell or rent or to negotiate for the sale or rental

Prohibited actions under this section include:

Failing to accept or consider a bona fide offer because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.
Refusing to sell or rent a dwelling to, or to negotiate for the sale or rental of a dwelling with any person because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.
Imposing different sales prices or rental charges for the sale or rental of a dwelling upon any person because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.
Using different qualification criteria or applications or sale or rental standards or procedures, such as income standards, application requirements, application fees, credit analysis, or sale or rental approval procedures or other requirements, because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.
Evicting tenants because of their race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status or because of the race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status of a tenant's guest.

History

Statutory Authority: § 36-96.8 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 2.2, eff. December 1, 1991; amended, Virginia Register Volume 19, Issue 24, eff. September 10, 2003; Volume 37, Issue 3, eff. November 1, 2020; Volume 38, Issue 5, eff. December 1, 2021.

18VAC135-50-90 Discrimination in terms, conditions and privileges and in services and facilities

Examples of prohibited actions under this section include:

Using different provisions in leases or contracts of sale, such as those relating to rental charges, security deposits, and the terms of a lease and those relating to down payment and closing requirements, because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.
Failing or delaying maintenance or repairs of sale or rental dwellings because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.
Failing to process an offer for the sale or rental of a dwelling or to communicate an offer accurately because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.
Limiting the use of privileges, services, or facilities associated with a dwelling because of the race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status of an owner, tenant, or a person associated with the owner or tenant.
Denying or limiting services or facilities in connection with the sale or rental of a dwelling because a person failed or refused to provide sexual favors.

History

Statutory Authority: § 36-96.8 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 2.3, eff. December 1, 1991; amended, Virginia Register Volume 19, Issue 24, eff. September 10, 2003; Volume 37, Issue 3, eff. November 1, 2020; Volume 38, Issue 5, eff. December 1, 2021.

18VAC135-50-100 Other prohibited sale and rental conduct

A. It shall be unlawful, because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status to restrict or attempt to restrict the choices of a person by word or conduct in connection with seeking, negotiating for, buying, or renting a dwelling so as to perpetuate or tend to perpetuate segregated housing patterns or to discourage or obstruct choices in a community, neighborhood, or development.

Prohibited actions under this subsection, which are generally referred to as unlawful steering practices, include:

Discouraging any person from inspecting, purchasing, or renting a dwelling because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status or because of the race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status of persons in a community, neighborhood, or development.
Discouraging the purchase or rental of a dwelling because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status by exaggerating drawbacks or failing to inform any person of desirable features of a dwelling or of a community, neighborhood, or development.
Communicating to any prospective purchaser that the purchaser would not be comfortable or compatible with existing residents of a community, neighborhood, or development because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.
Assigning any person to a particular section of a community, neighborhood, or development or to a particular floor or section of a building because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.

B. It shall be unlawful because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status to engage in any conduct relating to the provision of housing or of services and facilities in connection therewith that otherwise makes unavailable or denies dwellings to persons.

Prohibited activities relating to dwellings sales and rental practices under this subsection include:

Discharging or taking other adverse action against an employee, broker, or agent because he refused to participate in a discriminatory housing practice.
Employing codes or other devices to segregate or reject applicants, purchasers, or renters, refusing to take or to show listings of dwellings in certain areas because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status or refusing to deal with certain brokers or agents because they or one or more of their clients are of a particular race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.
Denying or delaying the processing of an application made by a purchaser or renter or refusing to approve such a person for occupancy in a cooperative or condominium dwelling because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.
Refusing to provide municipal services or property or hazard insurance for a dwelling or providing such services or insurance differently because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.

History

Statutory Authority: § 36-96.8 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 2.4, eff. December 1, 1991; amended, Virginia Register Volume 19, Issue 24, eff. September 10, 2003; Volume 37, Issue 3, eff. November 1, 2020; Volume 38, Issue 5, eff. December 1, 2021.

18VAC135-50-110 Discriminatory advertisements, statements and notices

A. It shall be unlawful to make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status or an intention to make any such preference, limitation, or discrimination.

B. The prohibitions in this section shall apply to all written or oral notices or statements by a person engaged in the sale or rental of a dwelling. Written notices and statements include any applications, flyers, brochures, deeds, signs, banners, posters, billboards, or any documents used with respect to the sale or rental of a dwelling.

C. Discriminatory notices, statements, and advertisements include:

Using words, phrases, photographs, illustrations, symbols, or forms that convey that dwellings are available or not available to a particular group of persons because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.
Expressing to agents, brokers, employees, prospective sellers, renters, or any other persons a preference for or limitation on any purchaser or renter because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status of such person.
Selecting media or locations for advertising the sale or rental of a dwelling that deny particular segments of the housing market information about housing opportunities because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.
Refusing to publish advertising for the sale or rental of dwellings or requiring different charges or terms for such advertising because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.

D. Publishers' notice. All publishers shall publish at the beginning of the real estate advertising section a notice such as that appearing in this subsection. The notice shall include a statement regarding the coverage of any Virginia and federal fair housing laws prohibiting discrimination in the sale, rental, or financing of dwellings:

"All real estate advertised herein is subject to the Virginia and federal fair housing laws, which make it illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, disability, familial status, national origin, elderliness, source of funds, sexual orientation, gender identity, or military status or intention to make any such preference, limitation, or discrimination."

We will not knowingly accept any advertising for real estate which is in violation of the law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis. (Table III, Appendix I to 24 CFR Part 109, Ch. 1 (4/1/2000 edition))."

E. Fair housing poster requirements.

Persons subject to § 36-96.3 of the Virginia Fair Housing Law shall post and maintain a HUD approved fair housing poster as follows:

a. With respect to a single-family dwelling (not being offered for sale or rental in conjunction with the sale or rental of other dwellings) offered for sale or rental through a real estate broker, agent, salesman, or person in the business of selling or renting dwellings, such person shall post and maintain a fair housing poster at any place of business where the dwelling is offered for sale or rental.

b. With respect to all other dwellings covered by the Virginia Fair Housing Law: (i) a fair housing poster shall be posted and maintained at any place of business where the dwelling is offered for sale or rental, and (ii) a fair housing poster shall be posted and maintained at the dwelling, except that with respect to a single-family dwelling being offered for sale or rental in conjunction with the sale or rental of other dwellings, the fair housing poster may be posted and maintained at the model dwellings or at a conspicuous location instead of at each of the individual dwellings.

c. With respect to those dwellings to which subdivision 1 b of this subsection applies, the fair housing poster must be posted at the beginning of construction and maintained throughout the period of construction and sale or rental.

The poster requirement does not apply to vacant land or any single-family dwelling, unless such dwelling (i) is being offered for sale or rental in conjunction with the sale or rental of other dwellings in which circumstances a fair housing poster shall be posted and maintained as specified in subdivision 1 b (ii) of this subsection, or (ii) is being offered for sale or rental through a real estate broker, agent, salesman, or person in the business of selling or renting dwellings in which circumstances a fair housing poster shall be posted and maintained as specified in subdivision 1 a of this subsection.
All persons subject to § 36-96.4 of the Virginia Fair Housing Law, Discrimination in Residential Real Estate-Related Transactions, shall post and maintain a fair housing poster at all their places of business which participate in the covered activities.
All persons subject to 18VAC135-50-140, Discrimination in the Provision of Brokerage Services, shall post and maintain a fair housing poster at all their places of business.
Location of posters. All fair housing posters shall be prominently displayed so as to be readily apparent to all persons seeking housing accommodations or seeking to engage in residential real estate-related transactions or brokerage services.
Availability of posters. All persons subject to this part may obtain fair housing posters from the Virginia Department of Professional and Occupational Regulation. A facsimile may be used if the poster and the lettering are equivalent in size and legibility to the poster available from the Department of Professional and Occupational Regulation. Any person who claims to have been injured by a discriminatory housing practice may file a complaint with the administrator pursuant to Part III (18VAC135-50-300 et seq.) of this chapter.

History

Statutory Authority: § 36-96.8 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 2.5, eff. December 1, 1991; amended, Virginia Register Volume 19, Issue 24, eff. September 10, 2003; Volume 30, Issue 11, eff. March 1, 2014; Volume 37, Issue 3, eff. November 1, 2020; Volume 38, Issue 5, eff. December 1, 2021.

18VAC135-50-120 Discriminatory representations on the availability of dwellings

B. Prohibited actions under this section include:

Indicating through words or conduct that a dwelling that is available for inspection, sale, or rental has been sold or rented because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.
Representing that covenants or other deed, trust, or lease provisions that purport to restrict the sale or rental of dwellings because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status preclude the sale or rental of a dwelling to a person.
Enforcing covenants or other deed, trust, or lease provisions that preclude the sale or rental of a dwelling to any person because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.
Limiting information by word or conduct regarding suitably priced dwellings available for inspection, sale, or rental because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.
Providing false or inaccurate information regarding the availability of a dwelling for sale or rental to any person, including testers, regardless of whether such person is actually seeking housing because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.

History

Statutory Authority: § 36-96.8 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 2.6, eff. December 1, 1991; amended, Virginia Register Volume 37, Issue 3, eff. November 1, 2020; Volume 38, Issue 5, eff. December 1, 2021.

18VAC135-50-130 Blockbusting

A. It shall be unlawful to induce or attempt to induce a person to sell or rent a dwelling by representations regarding the entry or prospective entry into the neighborhood of a person of a particular race, color, religion, sex, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status or with a disability.

B. Prohibited actions under this section include:

Engaging in conduct (including uninvited solicitations for listing) that conveys to a person that a neighborhood is undergoing or is about to undergo a change in the race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status of persons residing in it in order to encourage the person to offer a dwelling for sale or rental.
Encouraging any person to sell or rent a dwelling through assertions that the entry or prospective entry of persons of a particular race, color, religion, sex, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status or with disabilities can or will result in undesirable consequences for the project, neighborhood, or community, such as a lowering of property values, an increase in criminal or antisocial behavior, or a decline in the quality of schools or other services or facilities.

History

Statutory Authority: § 36-96.8 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 2.7, eff. December 1, 1991; amended, Virginia Register Volume 37, Issue 3, eff. November 1, 2020; Volume 38, Issue 5, eff. December 1, 2021.

18VAC135-50-140 Discrimination in the provision of brokerage services

Prohibited actions under this section include:

Setting different fees for access to or membership in a multiple listing service based on race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.
Denying or limiting benefits accruing to members in a real estate brokers' organization because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.
Imposing different standards or criteria for membership in a real estate sales, rental, or exchange organization because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.
Establishing geographic boundaries or office location or residence requirements for access to or membership or participation in any multiple listing service, real estate brokers' organization, or other service, organization, or facility relating to the business of selling or renting dwellings because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.

History

Statutory Authority: § 36-96.8 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 2.8, eff. December 1, 1991; amended, Virginia Register Volume 19, Issue 24, eff. September 10, 2003; Volume 37, Issue 3, eff. November 1, 2020; Volume 38, Issue 5, eff. December 1, 2021.

18VAC135-50-150 (Repealed.)

Historical Notes

Derived from VR585-01-05 § 2.9, eff. December 1, 1991; repealed, Virginia Register Volume 19, Issue 24, eff. September 10, 2003.

18VAC135-50-160 Discrimination in the making of loans and in the provision of other financial assistance

A. It shall be unlawful for any person or entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available loans or other financial assistance for a dwelling or that is or is to be secured by a dwelling because of race, color, religion, sex, disability, familial status, elderliness, national origin, sexual identity, gender identity, or military status.

B. Prohibited practices under this section include failing or refusing to provide to any person, in connection with a residential real estate-related transaction, information regarding the availability of loans or other financial assistance, application requirements, or procedures or standards for the review and approval of loans or financial assistance or providing information that is inaccurate or different from that provided others because of race, color, religion, sex, disability, familial status, elderliness, national origin, sexual orientation, gender identity, or military status.

History

Statutory Authority: § 36-96.8 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 2.10, eff. December 1, 1991; amended, Virginia Register Volume 37, Issue 3, eff. November 1, 2020; Volume 38, Issue 5, eff. December 1, 2021.

18VAC135-50-170 Discrimination in the purchasing of loans

A. It shall be unlawful for any person or entity engaged in the purchasing of loans or other debts or securities that support the purchase, construction, improvement, repair, or maintenance of a dwelling or that are secured by residential real estate to refuse to purchase such loans, debts, or securities, or to impose different terms or conditions for such purchases, because of race, color, religion, sex, disability, familial status, elderliness, national origin, sexual orientation, gender identity, or military status.

B. Unlawful conduct under this section includes:

Purchasing loans or other debts or securities that relate to or are secured by dwellings in certain communities or neighborhoods but not in others because of the race, color, religion, sex, disability, familial status, elderliness, national origin, sexual orientation, gender identity, or military status of persons in such neighborhoods or communities.
Pooling or packaging loans or other debts or securities that relate to or are secured by dwellings differently because of race, color, religion, sex, disability, familial status, elderliness, national origin, sexual orientation, gender identity, or military status.
Imposing or using different terms or conditions on the marketing or sale of securities issued on the basis of loans or other debts or securities that relate to or are secured by dwellings because of race, color, religion, sex, disability, familial status, elderliness, national origin, sexual orientation, gender identity, or military status.

C. This section does not prevent consideration, in the purchasing of loans, of factors justified by business necessity, including requirements of federal law relating to a transaction's financial security, or to protection against default or reduction of the value of the security. Thus, this provision would not preclude considerations employed in normal and prudent transactions, provided that no such factor may in any way relate to race, color, religion, sex, disability, familial status, elderliness, national origin, sexual orientation, gender identity, or military status.

History

Statutory Authority: § 36-96.8 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 2.11, eff. December 1, 1991; amended, Virginia Register Volume 37, Issue 3, eff. November 1, 2020; Volume 38, Issue 5, eff. December 1, 2021.

18VAC135-50-180 Discrimination in the terms and conditions for making available loans or other financial assistance

A. It shall be unlawful for any person or entity engaged in the making of loans or in the provision of other financial assistance relating to the purchase, construction, improvement, repair or maintenance of dwellings or which are secured by residential real estate to impose different terms or conditions for the availability of such loans or other financial assistance because of race, color, religion, sex, disability, familial status, elderliness, national origin, sexual orientation, gender identity, or military status.

B. Unlawful conduct under this section includes:

Using different policies, practices, or procedures in evaluating or in determining credit worthiness of any person in connection with the provision of any loan or other financial assistance for a dwelling or for any loan or other financial assistance that is secured by residential real estate because of race, color, religion, sex, disability, familial status, elderliness, national origin, sexual orientation, gender identity, or military status.
Determining the type of loan or other financial assistance to be provided with respect to a dwelling or fixing the amount, interest rate, duration, or other terms for a loan or other financial assistance for a dwelling that is secured by residential real estate because of race, color, religion, sex, disability, familial status, elderliness, national origin, sexual orientation, gender identity, or military status.

History

Statutory Authority: § 36-96.8 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 2.12, eff. December 1, 1991; amended, Virginia Register Volume 37, Issue 3, eff. November 1, 2020; Volume 38, Issue 5, eff. December 1, 2021.

18VAC135-50-190 Unlawful practices in the selling, brokering, or appraising of residential real property

A. It shall be unlawful for any person or other entity whose business includes engaging in the selling, brokering or appraising of residential real property to discriminate against any person in making available such services, or in the performance of such services, because of race, color, religion, sex, disability, familial status, elderliness, national origin, sexual orientation, gender identity, or military status.

B. For the purposes of this section the term "appraisal" means an estimate or opinion of the value of a specified residential real property made in a business context in connection with the sale, rental, financing, or refinancing of a dwelling or in connection with any activity that otherwise affects the availability of a residential real estate-related transaction, whether the appraisal is oral or written, or transmitted formally or informally. The appraisal includes all written comments and other documents submitted as support for the estimate or opinion of value.

C. Practices that are unlawful under this section include using an appraisal of residential real property in connection with the sale, rental, or financing of any dwelling where the person knows or reasonably should know that the appraisal improperly takes into consideration race, color, religion, sex, disability, familial status, elderliness, national origin, sexual orientation, gender identity, or military status.

History

Statutory Authority: § 36-96.8 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 2.13, eff. December 1, 1991; amended, Virginia Register Volume 19, Issue 24, eff. September 10, 2003; Volume 37, Issue 3, eff. November 1, 2020; Volume 38, Issue 5, eff. December 1, 2021.

18VAC135-50-200 General prohibitions against discrimination because of disability

A. Definitions. As used in this section, the following words and terms shall have the following meanings, unless a different meaning is plainly required by the context:

"Accessible," when used with respect to the public and common use areas of a building containing covered multi-family dwellings, means that the public or common use areas of the building can be approached, entered, and used by individuals with physical disabilities. The phrase "readily accessible to and usable by" is synonymous with "accessible." A public or common use area that complies with the appropriate requirements of ANSI A117.1-1986 or with any other standards adopted as part of regulations promulgated by HUD at 24 CFR Part 100 providing accessibility and usability for physically disabled people is accessible within the meaning of this section.

"Accessible route" means a continuous unobstructed path connecting accessible elements and spaces in a building or within a site that can be negotiated by a person with a severe disability using a wheelchair and that is also safe for and usable by people with other disabilities. Interior accessible routes may include corridors, floors, ramps, elevators, and lifts. Exterior accessible routes may include parking access aisles, curb ramps, walks, ramps, and lifts. A route that complies with the appropriate requirements of ANSI A117.1-1986, or with any other standards adopted as part of regulations promulgated by HUD at 24 CFR Part 100, is an "accessible route."

"ANSI A117.1" means ANSI A117.1-1986, the American National Standard for buildings and facilities providing accessibility and usability for physically disabled people, or an equivalent or stricter standard. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 USC § 552(a) and 1 CFR Part 51. Copies may be obtained from Global Engineering Documents, 15 Inverness Way East, Englewood, Colorado 90112.

"Building" means a structure, facility, or portion thereof that contains or serves one or more dwelling units.

"Building entrance on an accessible route" means an accessible entrance to a building that is connected by an accessible route to public transportation stops, to accessible parking and passenger loading zones, or to public streets or sidewalks, if available. A building entrance that complies with ANSI A117.1 or a comparable standard complies with the requirements of this paragraph.

"Common use areas" shall include rooms, spaces, or elements inside or outside of a building that are not part of the dwelling unit and that are made available for the use of residents of a building or the guests thereof. These areas include hallways, lounges, lobbies, laundry rooms, refuse rooms, mailrooms, recreational areas, and passageways among and between buildings.

"Controlled substance" means any drug or other substance as defined in Virginia or federal law.

The following terms, as used in the definition of "disability" contained in § 36-96.1:1 of the Code of Virginia, shall mean:

"Has a record of such an impairment" means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.
"Is regarded as having an impairment" means:

a. Has a physical or mental impairment that does not substantially limit one or more major life activities but that is treated by another person as constituting such a limitation;

b. Has a physical or mental impairment that substantially limits one or more major life activities only as a result of the attitudes of other toward such impairment; or

c. Has none of the impairments defined in "physical or mental impairment" but is treated by another person as having such an impairment.

"Major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
"Physical or mental impairment" includes:

a. Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or

b. Any mental or psychological disorder, such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term "physical or mental impairment" includes such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, Human Immunodeficiency Virus infection, intellectual disability, emotional illness, drug addiction (other than addiction caused by current, illegal use of a controlled substance), and alcoholism.

"Dwelling unit" means a single unit of residence for a family or one or more persons. Examples of dwelling units include: a single family home; an apartment unit within an apartment building; and in other types of dwellings in which sleeping accommodations are provided but toileting or cooking facilities are shared by occupants of more than one room or portion of the dwelling, rooms in which people sleep. Examples of the latter include dormitory rooms and sleeping accommodations in shelters intended for occupancy as a residence for homeless persons.

"Entrance" means any access point to a building or portion of a building used by residents for the purpose of entering.

"Exterior" means all areas of the premises outside of an individual dwelling unit.

"First occupancy" means a building that has never before been used for any purpose.

"Ground floor" means a floor of a building with a building entrance on an accessible route. A building may have more than one ground floor.

"Interior" means the spaces, parts, components, or elements of an individual dwelling unit.

"Modification" means any change to the public or common use areas of a building or any change to a dwelling unit.

"Premises" means the interior or exterior spaces, parts, components, or elements of a building, including individual dwelling units and the public and common use areas of a building.

"Public use areas" means interior or exterior rooms or spaces of a building that are made available to the general public. Public use may be provided at a building that is privately or publicly owned.

"Site" means a parcel of land bounded by a property line or a designated portion of a public right of way.

B. General prohibitions against discrimination because of disability. It shall be unlawful to make an inquiry to determine whether an applicant for a dwelling; a person intending to reside in that dwelling after it is so sold, rented, or made available; or any person associated with that person has a disability or to make inquiry as to the nature or severity of a disability of such a person. However, this subsection does not prohibit the following inquiries, provided these inquiries are made of all applicants, whether or not they have disabilities:

Inquiry into an applicant's ability to meet the requirements of ownership or tenancy;
Inquiry to determine whether an applicant is qualified for a dwelling available only to persons with disabilities or to persons with a particular type of disability;
Inquiry to determine whether an applicant for a dwelling is qualified for a priority available to persons with disabilities or to persons with a particular type of disability;
Inquiring whether an applicant for a dwelling is a current illegal abuser or addict of a controlled substance; or
Inquiring whether an applicant has been convicted of the illegal manufacture or distribution of a controlled substance.

C. Reasonable modifications of existing premises.

It shall be unlawful for any person to refuse to permit, at the expense of a disabled person, reasonable modifications of existing premises, occupied or to be occupied by a disabled person, if the proposed modifications may be necessary to afford the disabled person full enjoyment of the premises of a dwelling. In the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted. The landlord may not increase for disabled persons any customarily required security deposit. However, where it is necessary in order to ensure with reasonable certainty that funds will be available to pay for the restorations at the end of the tenancy, the landlord may negotiate as part of such a restoration agreement a provision requiring that the tenant pay into an interest bearing escrow account, over a reasonable period, a reasonable amount of money not to exceed the cost of the restorations. The interest in any such account shall accrue to the benefit of the tenant.
A landlord may condition permission for a modification on the renter providing a reasonable description of the proposed modifications as well as reasonable assurances that the work will be done in a workmanlike manner and that any required building permits will be obtained.
Except as otherwise provided, the Joint Statement of the Department of Housing and Urban Development and the Department of Justice "Reasonable Modifications under the Fair Housing Act" dated March 5, 2008, is hereby incorporated by reference to provide guidance regarding the rights and obligations of persons with disabilities and housing providers relating to reasonable modifications. A copy of the joint statement may be obtained from the Virginia Fair Housing Office.

D. Reasonable accommodations.

It shall be unlawful for any person to refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a disabled person equal opportunity to use and enjoy a dwelling unit, including public and common use areas.
A request for accessible parking to accommodate a disability must be treated as a request for reasonable accommodation.
Except as otherwise provided, the Joint Statement of the Department of Housing and Urban Development and the Department of Justice "Reasonable Accommodations under the Fair Housing Act" dated May 17, 2004, is hereby incorporated by reference to provide guidance regarding the rights and obligations of persons with disabilities and housing providers relating to reasonable accommodations. A copy of this joint statement may also be obtained from the Virginia Fair Housing Office.

E. Design and construction requirements. Covered multi-family dwellings for first occupancy after March 13, 1991, shall be designed and constructed to have at least one building entrance on an accessible route unless it is impractical to do so because of the terrain or unusual characteristics of the site. The burden of establishing impracticality because of terrain or unusual site characteristics is on the person who designed or constructed the housing facility.

History

Statutory Authority: § 36-96.8 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 2.14, eff. December 1, 1991; amended, Virginia Register Volume 19, Issue 24, eff. September 10, 2003; Volume 30, Issue 11, eff. March 1, 2014; Volume 37, Issue 3, eff. November 1, 2020; Volume 38, Issue 5, eff. December 1, 2021.

18VAC135-50-210 Housing for older persons

Nothing in the Virginia Fair Housing Law regarding unlawful discrimination because of familial status shall apply to housing for older persons. As used in this section, "housing for older persons" includes:

Housing provided under any state or federal program determined by the Secretary of Housing and Urban Development to be specifically designed and operated to assist elderly persons;
62 or over housing. The provisions regarding familial status in these regulations shall not apply to housing intended for, and solely occupied by persons 62 years of age or older. Housing satisfies the requirements of this exemption even though:

a. There are persons residing in such housing on September 13, 1988, who are under 62 years of age, provided that all new occupants are persons 62 years of age or older;

b. There are unoccupied units, provided that such units are reserved for occupancy by persons 62 years of age or older;

c. There are units occupied by employees of the housing (and family members residing in the same unit) who are under 62 years of age provided they perform substantial duties directly related to the management or maintenance of the housing.

55-or-over housing. The provisions regarding familial status shall not apply to housing intended and operated for occupancy by at least one person 55 years of age or older per unit, provided that the housing satisfies the following requirements:

a. At least 80% of the occupied units in the housing facility are occupied by at least one person 55 years of age or older per unit except that a newly constructed housing facility for first occupancy after March 12, 1989, need not comply with this section until 25% of the units in the facility are occupied.

(1) For purposes of this section, "occupied unit" means:

(a) A dwelling unit that is actually occupied by one or more persons on the date that the exemption for 55-or-older housing is claimed; or

(b) A temporarily vacant unit, if the primary occupant has resided in the unit during the past year and intends to return on a periodic basis.

(2) For purposes of this section, occupied by at least one person 55 years of age or older means that on the date the exemption for 55-or-older housing is claimed:

(a) At least one occupant of the dwelling is 55 years of age or older; or

(b) If the dwelling unit is temporarily vacant, at least one of the occupants immediately prior to the date of which the unit was vacated was 55 years of age or older.

(3) Newly constructed housing for first occupancy after March 12, 1989, need not comply with the requirements of this section until at least 25% of the units are occupied. For purposes of this section, newly constructed housing includes facilities or communities that have been wholly unoccupied for at least 90 days prior to reoccupancy due to renovation or rehabilitation.

b. Housing satisfies the requirements of the 55 or older exemption even though:

(1) There are units occupied by employees of the housing facility or community (and family members residing in the same unit) who are under 55 years of age provided the employees perform substantial duties directly related to the management or maintenance of the housing facility or community.

(2) There are units occupied by persons who are necessary to provide a reasonable accommodation to disabled residents and who are under the age of 55.

(3) Reserves all unoccupied units for occupancy by at least one person 55 years of age or older until at least 80% of the units are occupied by at least one person who is 55 years of age or older.

c. Where application of the 80% rule results in a fraction of a unit, that unit shall be considered to be included in the units that must be occupied by at least one person 55 years of age or older.

d. Each housing facility or community may determine the age restriction for units that are not occupied by at least one person 55 years of age or older so long as the housing facility or community complies with the provisions of 18VAC135-50-220.

History

Statutory Authority: §§ 36-96.20 C and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 2.15, eff. December 1, 1991; amended, Virginia Register Volume 19, Issue 24, eff. September 10, 2003.

18VAC135-50-212 Intent to operate as 55 or over housing

A. In order for a housing facility or community to qualify as 55-or-older housing, it must publish and adhere to policies and procedures that demonstrate its intent to operate as housing for persons 55 years of age or older. The following factors are considered relevant in determining whether the housing facility or community has complied with this requirement:

The manner in which the housing facility or community is described to prospective residents;
Any advertising designed to attract prospective residents;
Lease provisions;
Written rules, regulations, covenants, deeds or other restrictions;
The maintenance and consistent application of relevant procedures;
Actual practices of the housing facility or community; and
Public posting in common areas of statements describing the facility or community as housing for persons 55 years of age or older.

B. Phrases such as "adult living," "adult community," "40-and-over community," or similar statements in any written advertisement or prospectus are not consistent with the intent that the housing facility or community intends to operate as housing for persons 55 years of age or older.

C. If there is language in deeds or other community or facility documents that is inconsistent with the intent to provide housing for persons who are 55 years of age or older, the board shall consider documented evidence of a good faith attempt to remove such language in determining whether the housing facility or community complies with the requirements of this section.

D. A housing facility or community may allow occupancy by families with children as long as it meets the requirements of 18VAC135-50-210 3 a and subsection A of this section.

History

Statutory Authority: §§ 36-96.20 C and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 10, 2003.

18VAC135-50-215 Verification of occupancy

A. In order for a housing facility or community to qualify as 55-or-older housing, it must be able to produce, in response to a housing complaint filed under the Virginia Fair Housing Law, verification of compliance with these regulations through reliable surveys and affidavits.

B. A facility or community shall, within 180 days of the effective date of this rule, develop procedures for routinely determining the occupancy of each unit, including the identification of whether at least one occupant of each unit is 55 years of age or older. Such procedures may be part of a normal leasing or purchasing arrangement.

C. The procedures described in subsection B of this section must provide for regular updates through surveys or other means, of the initial information supplied by the occupants of the housing facility or community. Such updates must take place at least once every two years.

D. The following documents are considered reliable documentation of the age of the occupants of the housing facility or community.

Driver's license;
Birth certificate;
Passports;
Immigration cards;
Military identification;
Any other state, local, national or international official documents containing a birth date of comparable reliability; or
A certification in a lease, application, affidavit, or other document signed by an adult member of the household asserting that at least one person in the unit is 55 years of age or older.

E. If the occupants of a unit refuse to comply with the age verification procedures, the housing facility or community may, if it has sufficient evidence, consider the unit occupied by at least one person 55 years of age or older. Such evidence may include:

Government records or documents, such as a census; or
Prior forms or applications; or
A statement from an individual who has personal knowledge of the age of the occupants. The individual's statement must set forth the basis for such knowledge and be signed under penalty of perjury.

F. Surveys and verification procedures that comply with the requirements of this section shall be admissible in administrative and judicial proceedings for the purpose of verifying occupancy.

G. Occupancy surveys shall be available for inspection upon reasonable notice and request by any person.

History

Statutory Authority: §§ 36-96.20 C and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 10, 2003.

18VAC135-50-217 Good faith defense against civil money damages

A. A person shall not be held personally liable for monetary damages for discriminating on the basis of familial status, if the person acted with the good faith belief that the housing facility or community qualified as 55-or-older housing.

B. A person claiming the good faith belief defense must have actual knowledge that the housing facility or community has, through an authorized representative, asserted in writing that it qualifies as 55-or-older housing.

C. For purposes of this section, an authorized representative, of a housing facility or community means the individual, committee, management company, owner, or other entity having responsibility for adherence to the requirements established by these regulations.

D. A person shall not be entitled to the good faith belief defense if the person has actual knowledge that the housing facility or community does not, or will not qualify as 55-or-older housing. Such a person will be ineligible for the good faith belief defense regardless of whether the person received or viewed the written assurance described in subsection B of this section.

History

Statutory Authority: §§ 36-96.20 C and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 10, 2003.

18VAC135-50-220 Interference, coercion, or intimidation

A. This section provides the board's interpretation of the conduct that is unlawful under § 36-96.5 of the Virginia Fair Housing Law.

B. It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of that person having exercised or enjoyed, or on account of that person having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by the Virginia Fair Housing Law and these regulations.

C. Conduct made unlawful under this section includes the following:

Coercing a person, either orally, in writing, or by other means, to deny or limit the benefits provided that person in connection with the sale or rental of a dwelling or in connection with a residential real estate-related transaction because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.
Threatening, intimidating, or interfering with persons in their enjoyment of a dwelling because of the race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status, of such persons or of visitors or associates of such persons.
Threatening an employee or agent with dismissal or an adverse employment action, or taking such adverse employment action, for any effort to assist a person seeking access to the sale or rental of a dwelling or seeking access to any residential real estate-related transaction because of the race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status of that person or of any person associated with that person.
Intimidating or threatening any person because that person is engaging in activities designed to make other persons aware of, or encouraging such other persons to exercise, rights granted or protected by this part.
Retaliating against any person because that person has made a complaint, testified, assisted, or participated in any manner in a proceeding under the fair housing law.

History

Statutory Authority: § 36-96.8 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 2.16, eff. December 1, 1991; amended, Virginia Register Volume 19, Issue 24, eff. September 10, 2003; Volume 23, Issue 22, eff. September 22, 2007; Volume 37, Issue 3, eff. November 1, 2020; Volume 38, Issue 5, eff. December 1, 2021.

18VAC135-50-230 (Repealed.)

Historical Notes

Derived from VR585-01-05 §§ 2.17 to 2.19, eff. December 1, 1991; repealed, Virginia Register Volume 19, Issue 24, eff. September 10, 2003.

Article 2 Advertising

18VAC135-50-260 Affirmative advertising efforts

Article 2 Advertising

Nothing in this section shall be construed to restrict advertising efforts designed to attract persons to dwellings who would not ordinarily be expected to apply, when such efforts are pursuant to an affirmative marketing program or undertaken to remedy the effects of prior discrimination in connection with the advertising or marketing of dwellings.

History

Statutory Authority: § 36-96.8 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 2.20, eff. December 1, 1991.

18VAC135-50-270 Use of words, phrases, symbols and visual aids

The following words, phrases, symbols, and forms typify those most often used in residential real estate advertising to convey either overt or tacit discriminatory preferences or limitations. In considering a complaint under the fair housing law, the board will consider the use of these and comparable words, phrases, symbols, and forms to determine a possible violation of the law and to establish a need for further proceedings on the complaint, if it is apparent from the context of the usage that discrimination within the meaning of the law is likely to result.

Words descriptive of dwelling, landlord, and tenants. White private home, Colored home, Jewish home, Hispanic residence, adult building.
Words indicative of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status, including:

a. Race: African-American, Negro, Black, White, Caucasian, Oriental, Asian, American Indian, Native American, Arab.

b. Color: White, Black, Colored.

c. Religion: Protestant, Christian, Catholic, Jewish, Muslim, Islamic.

d. National origin: Mexican American, Puerto Rican, Philippine, Polish, Hungarian, Irish, Italian, Chicano, African, Hispanic, Chinese, Indian, Latino.

e. Sex: The exclusive use of words in advertisements, including those involving the rental of separate units in a single or multi-family dwelling, stating or intending to imply that the housing being advertised is available to persons of only one sex and not the other, except where the sharing of living areas is involved. Nothing in this section restricts advertisements of dwellings used exclusively for dormitory facilities by educational institutions.

f. Disability: crippled, blind, deaf, mentally ill, retarded, impaired, handicapped, physically fit. Nothing in this section restricts the inclusion of information about the availability of accessible housing in advertising of dwellings.

g. Familial status: adults, children, singles, mature persons. Nothing in this section restricts advertisements of dwellings that are intended and operated for occupancy by older persons and that constitute "housing for older persons" as defined in 18VAC135-50-210.

h. Elderliness: elderly, senior citizens, young, old, active, available to those between 25 and 55.

i. Sexual orientation: lesbian, gay, bisexual, queer, same-sex couples.

j. Gender identity: transgender, trans.

k. Source of funds: voucher, Section 8, social security, disability income, government benefits.

Catch words. Words and phrases used in a discriminatory context should be avoided, e.g., "restricted," "exclusive," "private," "integrated," "traditional," "board approval," "membership approval."
Symbols or logotypes. Symbols or logotypes that imply or suggest race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.
Colloquialisms. Words or phrases used regionally or locally that imply or suggest race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.
Directions to real estate for sale or rent (use of maps or written instructions). Directions can imply a discriminatory preference, limitation, or exclusion. For example, references to real estate location made in terms of racial or national origin significant landmarks, such as an existing black development (signal to blacks) or an existing development known for its exclusion of minorities (signal to whites). Specific directions which make reference to a racial or national origin significant area may indicate a preference.
Area (location) description. Names of facilities which cater to a particular racial, national origin, or religious group, such as country club or private school designations, or names of facilities that are used exclusively by one sex may indicate a preference.

History

Statutory Authority: § 36-96.8 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 2.21, eff. December 1, 1991; amended, Virginia Register Volume 19, Issue 24, eff. September 10, 2003; Volume 30, Issue 11, eff. March 1, 2014; Volume 37, Issue 3, eff. November 1, 2020; Volume 38, Issue 5, eff. December 1, 2021.

18VAC135-50-280 Selective use of advertising media or content

The selective use of advertising media or content when particular combinations thereof are used exclusively with respect to various housing developments or sites can lead to discriminatory results and may indicate a violation of the fair housing law. For example, the use of English language media alone or the exclusive use of media catering to the majority population in an area, when, in such area, there are also available non-English language or other minority media, may have discriminatory impact. Similarly, the selective use of human models in advertisements may have discriminatory impact. The following are examples of the selective use of advertisements which may be discriminatory:

Selective geographic advertisements. Such selective use may involve the strategic placement of billboards; brochure advertisements distributed within a limited geographic area by hand or in the mail; advertising in particular geographic coverage editions of major metropolitan newspapers or in newspapers of limited circulation which are mainly advertising vehicles for reaching a particular segment of the community; or displays or announcements available only in selected sales offices.
Selective use of equal opportunity slogan or logo. When placing advertisements, such selective use may involve placing the equal housing opportunity slogan or logo in advertising reaching some geographic areas, but not others, or with respect to some properties but not others.
Selective use of human models when conducting an advertising campaign. Selective advertising may involve an advertising campaign using human models primarily in media that cater to one racial or national origin segment of the population without a complementary advertising campaign that is directed at other groups. Another example may involve use of racially mixed models by a developer to advertise one development and not others. Similar care must be exercised in advertising in publications or other media directed at one particular sex, or at persons without children. Such selective advertising may involve the use of human models of members of only one sex, or of adults only, in displays, photographs, or drawings to indicate preferences for one sex or the other, or for adults to the exclusion of children.

History

Statutory Authority: § 36-96.8 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 2.22, eff. December 1, 1991.

18VAC135-50-290 Fair housing policy and practices

In the investigation of complaints, the board will consider the implementation of fair housing policies and practices provided in this section as evidence of compliance with the prohibitions against discrimination in advertising under the fair housing law.

Use of equal housing opportunity logotype, statement, or slogan. All advertising of residential real estate for sale, rent, or financing should contain an equal housing opportunity logotype, statement, or slogan as a means of educating the homeseeking public that the property is available to all persons regardless of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status. The choice of logotype, statement, or slogan will depend on the type of media used (visual or auditory) and, in space advertising, on the size of the advertisement. See Appendix I to 24 CFR Part 109, Ch. 1 (4/1/2000 edition) for suggested use of the logotype, statement, or slogan and size of logotype and copies of the suggested equal housing opportunity logotype, statement and slogan. A copy of Appendix I to 24 CFR Part 109, Ch. 1 (4/1/2000 edition) is posted on the Fair Housing Office's website or may be obtained by contacting the Fair Housing Office.
Use of human models. Human models in photographs, drawings, or other graphic techniques may not be used to indicate exclusiveness because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status. If models are used in display advertising campaigns, the models should be clearly definable as reasonably representing majority and minority groups in the metropolitan area, both sexes and, when appropriate, families with children. Models, if used, should portray persons in an equal social setting and indicate to the general public that the housing is open to all without regard to race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status and is not for the exclusive use of one such group. Human models include any depiction of a human being, paid or unpaid, resident or nonresident.

History

Statutory Authority: § 36-96.8 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 2.23, eff. December 1, 1991; amended, Virginia Register Volume 19, Issue 24, eff. September 10, 2003; Volume 30, Issue 11, eff. March 1, 2014; Volume 37, Issue 3, eff. November 1, 2020; Volume 38, Issue 5, eff. December 1, 2021.

Article 1 Complaints

18VAC135-50-300 Submission of information to file a complaint

Article 1 Complaints

A. The administrator or his designee will receive complaint information concerning alleged discriminatory housing practices from any person. Where the information constitutes a complaint within the meaning of the fair housing law and these regulations and is furnished by an aggrieved person, a complaint will be considered filed in accordance with 18VAC135-50-350. Where additional information is required for the purpose of perfecting a complaint under the law, the administrator or his designee will advise what additional information is needed and will provide appropriate assistance in the filing of the complaint.

B. Complaint information may also be made available to any appropriate federal, state or local agency having an interest in the matter. In making available such information, steps will be taken to protect the confidentiality of any informant or complainant where desired by the informant or complainant.

C. The administrator or his designee may counsel with an aggrieved party about the facts and circumstances which constitute the alleged discriminatory housing practices. If the facts and circumstances do not constitute discriminatory housing practices, the administrator or his designee shall so advise the aggrieved party. If the facts and circumstances constitute alleged discriminatory housing practices, the administrator or his designee shall assist the aggrieved party in perfecting a complaint.

History

Statutory Authority: §§ 36-96.20 C and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 3.1, eff. December 1, 1991; amended, Virginia Register Volume 19, Issue 24, eff. September 10, 2003.

18VAC135-50-310 Who may file a complaint

Any aggrieved person or the administrator on behalf of the board may file a complaint no later than one year after an alleged discriminatory housing practice has occurred or terminated. The complaint may be filed with the assistance of an authorized representative of an aggrieved person, including any organization acting on behalf of an aggrieved person.

History

Statutory Authority: § 36-96.8 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 3.2, eff. December 1, 1991.

18VAC135-50-320 Persons against whom complaints may be filed

A. A complaint may be filed against any person alleged to be engaged, to have engaged, or to be about to engage, in a discriminatory housing practice.

B. A complaint may also be filed against any person who directs or controls, or has the right to direct or control, the conduct of another person with respect to any aspect of the sale, rental, advertising, or financing of dwellings, or the provision of brokerage services relating to the sale or rental of dwellings if that other person, acting within the scope of his authority as employee or agent of the directing or controlling person, is engaged, has engaged, or is about to engage, in a discriminatory housing practice.

History

Statutory Authority: § 36-96.8 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 3.3, eff. December 1, 1991.

18VAC135-50-330 Filing a complaint

Aggrieved persons may provide information to be contained in a complaint by telephone to fair housing office staff. Staff in the fair housing office will reduce information provided by telephone to writing on the prescribed complaint form and send the form to the aggrieved person to be signed and affirmed in accordance with 18VAC135-50-340 A.

History

Statutory Authority: §§ 36-96.20 C and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 3.4, eff. December 1, 1991; amended, Virginia Register Volume 19, Issue 24, eff. September 10, 2003.

18VAC135-50-340 Form and content of a complaint

A. Each complaint must be in writing and must be signed and affirmed by the aggrieved person filing the complaint or if the complaint is filed by the administrator on behalf of the board, it must be signed and affirmed by the administrator. The signature and affirmation may be made at any time during the investigation. The affirmation shall state "I declare under penalty of perjury that the foregoing is true and correct."

B. The administrator may require complaints to be made on prescribed forms. The complaint forms will be available through the Department of Professional and Occupational Regulation. Notwithstanding any requirement for use of a prescribed form, the Department of Professional and Occupational Regulation will accept any written statement which substantially sets forth the allegations of a discriminatory housing practice under the fair housing law (including any such statement filed with a substantially equivalent local agency) as a fair housing law complaint. Personnel in the fair housing office will provide appropriate assistance in filling out forms and filing a complaint.

C. Each complaint must contain substantially the following information:

The name and address of the aggrieved person.
The name and address of the respondent.
A description and address of the dwelling which is involved, if appropriate.
A concise statement of the facts, including pertinent dates, constituting the alleged discriminatory housing practice.

History

Statutory Authority: § 36-96.8 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 3.5, eff. December 1, 1991.

18VAC135-50-350 Date of filing of a complaint

A. Except as provided in subsection B of this section, a complaint is filed when it is received by the board or dual filed with the federal government in a form that reasonably meets the standards of 18VAC135-50-340.

B. The administrator may determine that a complaint is filed for the purposes of the one-year period for filing of complaints upon submission of written information identifying the parties and describing generally the alleged discriminatory housing practice. Written information includes information provided by telephone and reduced to writing by Fair Housing Office staff. A filed complaint can be signed at any time during the investigation.

C. Where a complaint alleges a discriminatory housing practice that is continuing, as manifested in a number of incidents of such conduct, the complaint will be timely if filed within one year of the last alleged occurrence of that practice.

History

Statutory Authority: §§ 36-96.8 and 54.1-2105 of the Code of Virginia; 42 USC § 3613.
Historical Notes: Derived from VR585-01-05 § 3.6, eff. December 1, 1991; amended, Virginia Register Volume 19, Issue 24, eff. September 10, 2003; Volume 30, Issue 11, eff. March 1, 2014.

18VAC135-50-360 Amendment of complaint

Complaints may be reasonably and fairly amended at any time. Such amendments may include, but are not limited to: (i) amendments to cure technical defects or omissions, including failure to sign or affirm a complaint, (ii) to clarify or amplify the allegations in a complaint, or (iii) to join additional or substitute respondents. Except for the purposes of notifying respondents, under 18VAC135-50-380, amended complaints will be considered as having been made as of the original filing date.

History

Statutory Authority: § 36-96.8 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 3.7, eff. December 1, 1991.

18VAC135-50-370 Service of notice on aggrieved person

Upon the filing of a complaint, the administrator or his designee will notify, by certified mail or personal service, each aggrieved person on whose behalf the complaint was filed. The notice will:

Acknowledge the filing of the complaint and state the date that the complaint was accepted for filing.
Include a copy of the complaint.
Advise the aggrieved person of the time limits applicable to complaint processing and of the procedural rights and obligations of the aggrieved person under the Virginia Fair Housing Law and these regulations.
Advise the aggrieved person of his right to commence a civil action under the fair housing law, in state circuit court, not later than two years after the occurrence or termination of the alleged discriminatory housing practice. The notice will state that the computation of this two-year period excludes any time during which an action arising from a breach of a conciliation agreement under the law is pending.
Advise the aggrieved person that retaliation against any person because he made a complaint or testified, assisted, or participated in an investigation or conciliation under these regulations is a discriminatory housing practice that is prohibited under the law and these regulations.

History

Statutory Authority: § 36-96.8 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 3.8, eff. December 1, 1991.

18VAC135-50-380 Respondent to be notified of complaint

A. Within 10 days of the filing of a complaint under 18VAC135-50-350 or the filing of an amended complaint under 18VAC135-50-360, the administrator or his designee will serve a notice on each respondent by certified mail or by personal service. A person who is not named as a respondent in a complaint, but who is identified in the course of the investigation under Part V of these regulations as a person who is alleged to be engaged, to have engaged, or to be about to engage in the discriminatory housing practice upon which the complaint is based may be joined as an additional or substitute respondent by service of a notice on the person under this section within 10 days of the identification.

B. 1. The notice will identify the alleged discriminatory housing practice upon which the complaint is based, and include a copy of the complaint and copies of any supporting documentation referenced in the complaint which are received with the complaint.

The notice will state the date that the complaint was accepted for filing.
The notice will advise the respondent of the time limits applicable to complaint processing under these regulations and of the procedural rights and obligations of the respondent under the law and these regulations, including the opportunity to submit an answer to the complaint within 10 days of the receipt of the notice. The administrator, upon request, has the discretion to extend this time period for a reasonable time.
The notice will advise the respondent of the aggrieved person's right to commence a civil action under the law, in a state circuit court, no later than 180 days after the conclusion of the administrative process with respect to a complaint or charge, or, not later than two years after the occurrence or termination of the alleged discriminatory housing practice, whichever is longer.
If the person is not named in the complaint, but is being joined as an additional or substitute respondent, the notice will explain the basis for the administrator's belief that the joined person is properly joined as a respondent.
The notice will advise the respondent that retaliation against any person because he made a complaint or testified, assisted, or participated in an investigation or conciliation under this part is a discriminatory housing practice that is prohibited under the law and these regulations.
The notice may invite the respondent to enter into a conciliation agreement for the purpose of resolving the complaint.
The notice may include an initial request for information and documentation concerning the facts and circumstances surrounding the alleged discriminatory housing practice set forth in the complaint.

History

Statutory Authority: § 36-96.8 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 3.9, eff. December 1, 1991.

Article 2 Responses

18VAC135-50-390 Respondent may file response

Article 2 Responses

The respondent may file an answer after receipt of the notice described in 18VAC135-50-380. The respondent may assert any defense that might be available to a defendant in a court of law. The answer must be in writing under oath or affirmation by the respondent. The affirmation must state: "I declare under penalty of perjury that the foregoing is true and correct."

History

Statutory Authority: §§ 36-96.20 C and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 3.10, eff. December 1, 1991; amended, Virginia Register Volume 19, Issue 24, eff. September 10, 2003.

Article 3 Investigations

18VAC135-50-400 Investigations

Article 3 Investigations

A. Upon the filing of a complaint, the administrator shall investigate the allegations. The purposes of an investigation are:

To obtain information concerning the events or transactions that relate to the alleged discriminatory housing practice identified in the complaint.
To document policies or practices of the respondent involved in the alleged discriminatory housing practice raised in the complaint.
To develop factual data necessary for the administrator on behalf of the board to make a recommendation whether reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, and to take other actions provided under this part.

B. Based on the authority delegated to the fair housing administrator by the board, the administrator may investigate housing practices to determine whether a complaint should be filed. Such an initiation may include using testers and other established practices or procedures.

History

Statutory Authority: §§ 36-96.8 and 54.1-2105 of the Code of Virginia; 42 USC § 3613.
Historical Notes: Derived from VR585-01-05 § 3.11, eff. December 1, 1991; amended, Virginia Register Volume 19, Issue 24, eff. September 10, 2003; Volume 23, Issue 22, eff. September 22, 2007; Volume 30, Issue 11, eff. March 1, 2014.

18VAC135-50-410 Systemic processing

Where the administrator determines that the alleged discriminatory practices contained in a complaint are pervasive or institutional in nature, or that the processing of the complaint will involve complex issues, novel questions of fact or law, or will affect a large number of persons, the administrator may identify the complaint for systemic processing. This determination can be based on the face of the complaint or on information gathered in connection with an investigation. Systemic investigations may focus not only on documenting facts involved in the alleged discriminatory housing practice that is the subject of the complaint but also on review of other policies and procedures related to matters under investigation, to make sure that they also comply with the nondiscrimination requirements of the law.

History

Statutory Authority: § 36-96.8 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 3.12, eff. December 1, 1991.

18VAC135-50-420 Conduct of investigation

A. In conducting investigations under these regulations, the voluntary cooperation of all persons will be sought to obtain access to premises, records, documents, individuals, and other possible sources of information; to examine, record, and copy necessary materials; and to take and record testimony or statements of persons reasonably necessary for the furtherance of the investigation.

B. The administrator and the respondent may conduct discovery in aid of the investigation by the same methods and to the same extent that parties may conduct discovery in a court of law. The administrator or his designee, on behalf of the board, shall also have the power to issue subpoenas described under the law, in support of the investigation.

History

Statutory Authority: §§ 36-96.20 C and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 3.13, eff. December 1, 1991; amended, Virginia Register Volume 19, Issue 24, eff. September 10, 2003.

18VAC135-50-430 Cooperation with federal agencies

The administrator, in processing complaints under the Virginia Fair Housing Law, may seek the cooperation and utilize the services of federal, state and local agencies, including any agency having regulatory or supervisory authority over financial institutions.

History

Statutory Authority: § 36-96.8 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 3.14, eff. December 1, 1991.

18VAC135-50-440 Completion of investigation

The investigation will remain open until a determination regarding reasonable cause is made, the board determines that the matter involves the legality of local zoning or land use laws or ordinances, or a conciliation agreement is executed and approved.

History

Statutory Authority: §§ 36-96.8 and 54.1-2105 of the Code of Virginia; 42 USC § 3613.
Historical Notes: Derived from VR585-01-05 § 3.15, eff. December 1, 1991; amended, Virginia Register Volume 19, Issue 24, eff. September 10, 2003; Volume 30, Issue 11, eff. March 1, 2014.

18VAC135-50-450 Final investigative report

At the end of each investigation under this article, the administrator or his designee will prepare a final investigative report. The investigative report will contain the names and dates of contacts with witnesses, except that the report will not disclose the names of witnesses who request anonymity. The board, however, may be required to disclose the names of such witnesses in the course of a civil action under the fair housing law.

Notwithstanding the prohibitions and requirements with respect to disclosure of information contained in 18VAC135-50-510, the administrator will make information derived from an investigation, including the final investigative report, available to the aggrieved person and the respondent. Following the completion of an investigation, the administrator shall notify the aggrieved person and the respondent that the final investigative report is complete and will be provided upon request.

History

Statutory Authority: §§ 36-96.20 C and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 3.16, eff. December 1, 1991; amended, Virginia Register Volume 19, Issue 24, eff. September 10, 2003.

Article 4 Conciliation

18VAC135-50-460 Conciliation process

Article 4 Conciliation

In conciliating a complaint, the administrator will attempt to achieve a just resolution of the complaint and to obtain assurances that the respondent will satisfactorily remedy any violations of the rights of the aggrieved person, and take such action as will assure the elimination of discriminatory housing practices, or the prevention of their occurrence, in the future.

History

Statutory Authority: §§ 36-96.20 C and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 3.17, eff. December 1, 1991; amended, Virginia Register Volume 19, Issue 24, eff. September 10, 2003.

18VAC135-50-470 Conciliation agreement

A. The terms of a settlement of a complaint will be reduced to a written conciliation agreement. The conciliation agreement shall seek to protect the interests of the aggrieved person, other persons similarly situated, and the public interest. The types of relief that may be sought for the aggrieved person are described in 18VAC135-50-480 and the Virginia Fair Housing Law. The provisions that may be sought for the vindication of the public interest are described in 18VAC135-50-490.

B. The agreement must be executed by the respondent and the complainant. The agreement is subject to the approval of the board.

History

Statutory Authority: §§ 36-96.20 C and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 3.18, eff. December 1, 1991; amended, Virginia Register Volume 19, Issue 24, eff. September 10, 2003.

18VAC135-50-480 Relief sought for aggrieved persons during conciliation

A. The following types of relief may be sought for aggrieved persons in conciliation:

Monetary relief in the form of compensatory and punitive damages and attorney fees;
Other equitable relief including, but not limited to, access to the dwelling at issue, or to a comparable dwelling, the provision of services or facilities in connection with a dwelling, or other specific relief; or
Injunctive relief appropriate to the elimination of discriminatory housing practices affecting the aggrieved person or other persons.

B. The conciliation agreement may provide for binding arbitration or other methods of resolving a dispute arising from the complaint. Arbitration may award appropriate relief as described in subsection A of this section. The aggrieved person and the respondent may, in the conciliation agreement, limit the types of relief that may be awarded under binding arbitration or other methods of dispute resolution.

History

Statutory Authority: § 36-96.8 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 3.19, eff. December 1, 1991.

18VAC135-50-490 Conciliation provisions relating to public interest

The following are types of provisions that may be sought for the vindication of the public interest:

Elimination of discriminatory housing practices.
Prevention of future discriminatory housing practices.
Remedial affirmative activities to overcome discriminatory housing practices.
Reporting requirements.
Monitoring and enforcement activities.

History

Statutory Authority: § 36-96.8 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 3.20, eff. December 1, 1991.

18VAC135-50-500 Termination of conciliation process

A. The administrator may terminate his efforts to conciliate the complaint if the respondent fails or refuses to confer with the administrator or his designee; the aggrieved person or the respondent fails to make a good faith effort to resolve any dispute; or the administrator finds, for any reason, that voluntary agreement is not likely to result.

B. Where the aggrieved person has commenced a civil action under federal law or a state law seeking relief with respect to the alleged discriminatory housing practice, and the trial in the action has commenced, the administrator will terminate conciliation unless the court specifically requests assistance from the board.

History

Statutory Authority: § 36-96.8 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 3.21, eff. December 1, 1991.

18VAC135-50-510 Disclosure of information obtained during conciliation

A. Except as provided in subsection B of this section and 18VAC135-50-450 C, nothing that is said or done in the course of conciliation under this article may be made public or used as evidence in subsequent civil actions under the Virginia Fair Housing Law or this chapter without the written consent of the persons concerned.

B. Conciliation agreements shall be made public, unless the aggrieved person and respondent request nondisclosure and the board determines that disclosure is not required to further the purposes of the fair housing law. Notwithstanding a determination that disclosure of a conciliation agreement is not required, the board may publish tabulated descriptions of the results of all conciliation efforts.

History

Statutory Authority: §§ 36-96.20 C and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 3.22, eff. December 1, 1991; amended, Virginia Register Volume 19, Issue 24, eff. September 10, 2003.

18VAC135-50-520 Review of compliance with conciliation agreement

The administrator may, from time to time, review compliance with the terms of any conciliation agreement. Whenever there is reasonable cause to believe that a respondent has breached a conciliation agreement, the board shall refer the matter to the Attorney General with a recommendation for the filing of a civil action under the Virginia Fair Housing Law for the enforcement of the terms of the conciliation agreement.

History

Statutory Authority: § 36-96.8 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 3.23, eff. December 1, 1991.

Article 5 Issuance of a Charge

18VAC135-50-530 Reasonable cause determination

Article 5 Issuance of a Charge

A. The reasonable cause determination will be based solely on the facts concerning the alleged discriminatory housing practice, provided by complainant and respondent and otherwise disclosed during the investigation. In making the reasonable cause determination, the board shall consider whether the facts concerning the alleged discriminatory housing practice are sufficient to warrant the initiation of a civil action in the appropriate state court.

B. In all cases not involving the legality of local zoning or land use laws or ordinances:

If the board determines that reasonable cause exists, the board will issue a charge under § 36-96.14 of the fair housing law and these regulations on behalf of the aggrieved person, and shall notify the aggrieved person and the respondent of this determination by certified mail or personal service.
If a no reasonable cause determination is made, the board shall: Issue a short and plain written statement of the facts upon which the no reasonable cause determination was based; dismiss the complaint; notify the aggrieved person and the respondent of the dismissal (including the written statement of facts) in writing within 30 days of such determination by certified mail or personal service; and make public disclosure of the dismissal.

History

Statutory Authority: §§ 36-96.20 C and 54.1-2105 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 3.24, eff. December 1, 1991; amended, Virginia Register Volume 19, Issue 24, eff. September 10, 2003.

18VAC135-50-540 Local zoning and land use

If the board determines that the matter involves the legality of local zoning or land use laws or ordinances, in lieu of making a determination regarding reasonable cause, the investigative materials shall be referred to the Attorney General for appropriate action under the fair housing law, and shall notify the aggrieved person and the respondent of this action by certified mail or personal service.

History

Statutory Authority: § 36-96.8 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 3.25, eff. December 1, 1991.

18VAC135-50-550 Pending private civil action

The board may not issue a charge regarding an alleged discriminatory housing practice if an aggrieved person has commenced a civil action under federal law or a state law seeking relief with respect to the alleged discriminatory housing practice, and the trial in the action has commenced. If a charge may not be issued because of the commencement of such a trial, the board will so notify the aggrieved person and the respondent by certified mail or personal service.

History

Statutory Authority: § 36-96.8 of the Code of Virginia.
Historical Notes: Derived from VR585-01-05 § 3.26, eff. December 1, 1991.

18VAC135-50-560 (Repealed.)

Historical Notes

Derived from VR585-01-05 § 3.27 to 3.30, eff. December 1, 1991; repealed, Virginia Register Volume 19, Issue 24, eff. September 10, 2003.

Agency 140 Board of Social Work

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

18VAC140-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Board of Social Work. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

18VAC140-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Board of Social Work, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

Part II Notification of Interested Persons

18VAC140-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

18VAC140-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 18VAC140-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

Part III Public Participation Procedures

18VAC140-11-50 Public comment

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008; amended, Virginia Register Volume 33, Issue 5, eff. December 15, 2016.

18VAC140-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

18VAC140-11-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

18VAC140-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

18VAC140-11-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

18VAC140-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

18VAC140-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

Chapter 20 Regulations Governing the Practice of Social Work

Part I General Provisions

18VAC140-20-10 Definitions

A. The following words and terms when used in this chapter shall have the meanings ascribed to them in § 54.1-3700 of the Code of Virginia:

Baccalaureate social worker

Board

Casework

Casework management and supportive services

Clinical social worker

Master's social worker

Practice of social work

Social worker

B. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Accredited school of social work" means a school of social work accredited by the Council on Social Work Education.

"Active practice" means post-licensure practice at the level of licensure for which an applicant is seeking licensure in Virginia and shall include at least 360 hours of practice in a 12-month period.

"Ancillary services" means activities such as case management, recordkeeping, referral, and coordination of services.

"Clinical course of study" means graduate course work that includes specialized advanced courses in human behavior and the social environment, social justice and policy, psychopathology, and diversity issues; research; clinical practice with individuals, families, and groups; and a clinical practicum that focuses on diagnostic, prevention, and treatment services.

"Clinical social work services" include the application of social work principles and methods in performing assessments and diagnoses based on a recognized manual of mental and emotional disorders or recognized system of problem definition, preventive and early intervention services, and treatment services, including psychosocial interventions, psychotherapy, and counseling for mental disorders, substance abuse, marriage and family dysfunction, and problems caused by social and psychological stress or health impairment.

"Conversion therapy" means any practice or treatment as defined in § 54.1-2409.5 A of the Code of Virginia.

"Exempt practice" is that which meets the conditions of exemption from the requirements of licensure as defined in § 54.1-3701 of the Code of Virginia.

"Face-to-face " means the physical presence of the individuals involved in the supervisory relationship during either individual or group supervision or in the delivery of clinical social work services by a supervisee and may include the use of technology that provides real-time, interactive contact among the individuals involved.

"LBSW" means a licensed baccalaureate social worker.

"LMSW" means a licensed master's social worker.

"Nonexempt practice" means that which does not meet the conditions of exemption from the requirements of licensure as defined in § 54.1-3701 of the Code of Virginia.

"Supervisee" means an individual who has submitted a supervisory contract and has received board approval to provide clinical services in social work under supervision.

"Supervision" means a professional relationship between a supervisor and supervisee in which the supervisor directs, monitors and evaluates the supervisee's social work practice while promoting development of the supervisee's knowledge, skills and abilities to provide social work services in an ethical and competent manner.

“Supervisory contract” means an agreement that outlines the expectations and responsibilities of the supervisor and supervisee in accordance with regulations of the board.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR620-01-2 § 1.1, eff. July 6, 1989; amended, Virginia Register Volume 6, Issue 26, eff. October 24, 1990; Volume 9, Issue 5, eff. December 30, 1992; Volume 12, Issue 3, eff. November 29, 1995; Volume 15, Issue 5, eff. December 23, 1998; Volume 25, Issue 4, eff. November 26, 2008; Volume 26, Issue 6, eff. January 7, 2010; Volume 29, Issue 22, eff. July 31, 2013; Volume 29, Issue 25, eff. September 26, 2013; Volume 29, Issue 26, eff. September 25, 2013; Volume 34, Issue 10, eff. February 7, 2018; Volume 35, Issue 22, eff. August 8, 2019; Volume 37, Issue 12, eff. March 18, 2021; Volume 37, Issue 13, eff. March 16, 2021.

18VAC140-20-20 (Repealed.)

Historical Notes

Derived from VR620-01-2 § 1.2, eff. July 6, 1989; amended, Virginia Register Volume 6, Issue 26, eff. October 24, 1990; Volume 9, Issue 5, eff. December 30, 1992; repealed, Virginia Register Volume 12, Issue 3, eff. November 29, 1995.

18VAC140-20-30 Fees

A. The board has established fees for the following:

| 1. Registration of supervision | $50 | | --- | --- | | 2. Addition to or change in registration of supervision | $25 | | 3. Application processing | | | a. Licensed clinical social worker | $165 | | b. LBSW c. LMSW | $100 $115 | | 4. Annual license renewal | | | a. Registered social worker | $25 | | b. Associate social worker | $25 | | c. LBSW d. LMSW | $55 $65 | | e. Licensed clinical social worker | $90 | | 5. Penalty for late renewal | | | a. Registered social worker | $10 | | b. Associate social worker | $10 | | c. LBSW d. LMSW | $20 $20 | | e. Licensed clinical social worker | $30 | | 6. Verification of license to another jurisdiction | $25 | | 7. Additional or replacement licenses | $15 | | 8. Additional or replacement wall certificates | $25 | | 9. Handling fee for returned check or dishonored credit or debit card | $50 | | 10. Reinstatement following disciplinary action | $500 |

B. Fees shall be paid by check or money order made payable to the Treasurer of Virginia and forwarded to the board. All fees are nonrefundable.

C. Examination fees shall be paid directly to the examination service according to its requirements.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR620-01-2 § 1.3, eff. July 6, 1989; amended, Virginia Register Volume 6, Issue 26, eff. October 24, 1990; Volume 9, Issue 5, eff. December 30, 1992; Volume 12, Issue 3, eff. November 29, 1995; Volume 13, Issue 10, eff. March 5, 1997; Volume 15, Issue 5, eff. December 23, 1998; Volume 19, Issue 14, eff. April 23, 2003; Volume 22, Issue 9, eff. February 8, 2006; Volume 32, Issue 7, eff. December 30, 2015; Volume 35, Issue 22, eff. August 8, 2019; Volume 36, Issue 9, eff. February 6, 2020; Volume 36, Issue 11, eff. March 5, 2020.

18VAC140-20-35 Sex offender treatment provider certification

Anyone licensed by the board who is seeking certification as a sex offender treatment provider shall obtain certification under the Board of Psychology and adhere to the board's Regulations Governing the Certification of Sex Offender Treatment Providers, 18VAC125-30-10 et seq.

History

Statutory Authority: § 54.1-2400 and Chapter 37 (§ 54.1-3700 et seq.) of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 5, eff. December 23, 1998.

18VAC140-20-37 Licensure; general

LBSWs and LMSWs may practice in exempt practice settings under appropriate supervision. In accordance with § 54.1-3700 of the Code of Virginia, an LBSW shall engage in the practice of social work under the supervision of a master's social worker. Only licensed clinical social workers may practice at the autonomous level.

History

Statutory Authority: § 54.1-2400 and Chapter 37 (§ 54.1-3700 et seq.) of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 5, eff. December 23, 1998; amended Virginia Register Volume 35, Issue 22, eff. August 8, 2019.

Part II Requirements for Licensure

18VAC140-20-40 Requirements for licensure by examination as a licensed clinical social worker

Every applicant for examination for licensure as a licensed clinical social worker shall:

Meet the education requirements prescribed in 18VAC140-20-49 and experience requirements prescribed in 18VAC140-20-50.
Submit a completed application to the board office within two years of completion of supervised experience to include:

a. Documentation, on the appropriate forms, of the successful completion of the supervised experience requirements of 18VAC140-20-50 along with documentation of the supervisor's out-of-state license where applicable. Applicants whose former supervisor is deceased, or whose whereabouts is unknown, shall submit to the board a notarized affidavit from the present chief executive officer of the agency, corporation or partnership in which the applicant was supervised. The affidavit shall specify dates of employment, job responsibilities, supervisor's name and last known address, and the total number of hours spent by the applicant with the supervisor in face-to-face supervision;

b. The application fee prescribed in 18VAC140-20-30;

c. Official transcript or documentation submitted from the appropriate institutions of higher education that verifies successful completion of educational requirements set forth in 18VAC140-20-49;

d. Documentation of any other health or mental health licensure or certification, if applicable; and

e. A current report from the U.S. Department of Health and Human Services National Practitioner Data Bank (NPDB).

Provide evidence of passage of the examination prescribed in 18VAC140-20-70.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR620-01-2 § 2.1, eff. July 6, 1989; amended, Virginia Register Volume 6, Issue 26, eff. October 24, 1990; Volume 9, Issue 5, eff. December 30, 1992; Volume 12, Issue 3, eff. November 29, 1995; Volume 15, Issue 5, eff. December 23, 1998; Volume 25, Issue 4, eff. November 26, 2008; Volume 27, Issue 11, eff. March 2, 2011; Volume 29, Issue 22, eff. July 31, 2013; Volume 29, Issue 25, eff. September 26, 2013; Volume 29, Issue 26, eff. September 25, 2013; Volume 32, Issue 22, eff. August 12, 2016; Volume 33, Issue 20, eff. June 28, 2017.

18VAC140-20-45 Requirements for licensure by endorsement

A. Every applicant for licensure by endorsement shall submit in one package:

A completed application and the application fee prescribed in 18VAC140-20-30.
Documentation of active social work licensure in good standing obtained by standards required for licensure in another jurisdiction as verified by the out-of-state licensing agency. Licensure in the other jurisdiction shall be of a comparable type as the licensure that the applicant is seeking in Virginia.
Verification of a passing score on a board-approved national exam at the level for which the applicant is seeking licensure in Virginia. The board may accept evidence that a national examination was not required for licensure by the other jurisdiction at the time the applicant was initially licensed.
Documentation of any other health or mental health licensure or certification, if applicable.
A current report from the U.S. Department of Health and Human Services National Practitioner Data Bank (NPDB).
Certification that the applicant is not the respondent in any pending or unresolved board action in another jurisdiction or in a malpractice claim.

B. If an applicant for licensure by endorsement has not passed a board-approved national examination at the level for which the applicant is seeking licensure in Virginia, the board may approve the applicant to sit for such examination.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 5, eff. December 23, 1998; amended, Virginia Register Volume 27, Issue 11, eff. March 2, 2011; Volume 29, Issue 22, eff. July 31, 2013; Volume 29, Issue 25, eff. September 26, 2013; Volume 32, Issue 22, eff. August 12, 2016; Volume 36, Issue 11, eff. March 5, 2020; Volume 39, Issue 2, eff. October 27, 2022; Volume 39, Issue 3, eff. October 26, 2022.

18VAC140-20-49 Educational requirements for a licensed clinical social worker

A. The applicant for licensure as a clinical social worker shall document successful completion of one of the following: (i) a master's degree in social work with a clinical course of study from a program accredited by the Council on Social Work Education, (ii) a master's degree in social work with a nonclinical concentration from a program accredited by the Council on Social Work Education together with successful completion of the educational requirements for a clinical course of study through a graduate program accredited by the Council on Social Work Education, or (iii) a program of education and training in social work at an educational institution outside the United States recognized by the Council on Social Work Education.

B. The requirement for a clinical practicum in a clinical course of study shall be a minimum of 600 hours, which shall be integrated with clinical course of study coursework and supervised by a person who is a licensed clinical social worker or who holds a master's or doctor's degree in social work and has a minimum of three years of experience in clinical social work services after earning the graduate degree. An applicant who has otherwise met the requirements for a clinical course of study but who did not have a minimum of 600 hours in a supervised field placement/practicum in clinical social work services may meet the requirement by obtaining an equivalent number of hours of supervised practice in clinical social work services in addition to the experience required in 18VAC140-20-50.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 27, Issue 11, eff. March 2, 2011; amended, Virginia Register Volume 29, Issue 26, eff. September 25, 2013.

18VAC140-20-50 Experience requirements for a licensed clinical social worker

A. Supervised experience. Supervised post-master's degree experience without prior written board approval will not be accepted toward licensure, except supervision obtained in another United States jurisdiction may be accepted if it met the requirements of that jurisdiction. Prior to registration for supervised experience, a person shall satisfactorily complete the educational requirements of 18VAC140-20-49.

Registration. An individual who proposes to obtain supervised post-master's degree experience in Virginia shall, prior to the onset of such supervision, or whenever there is an addition or change of a supervisor to a supervisor not currently approved by the board:

a. Register on a form provided by the board;

b. Submit a copy of a supervisory contract completed by the supervisor and the supervisee;

c. Submit an official transcript documenting a graduate degree and clinical practicum as specified in 18VAC140-20-49; and

d. Pay the registration of supervision fee set forth in 18VAC140-20-30.

Hours. The applicant shall have completed a minimum of 3,000 hours of supervised post-master's degree experience in the delivery of clinical social work services and in ancillary services that support such delivery. A minimum of one hour and a maximum of four hours of face-to-face supervision shall be provided per 40 hours of work experience for a total of at least 100 hours. No more than 50 of the 100 hours may be obtained in group supervision, nor shall there be more than six persons being supervised in a group unless approved in advance by the board. The board may consider alternatives to face-to-face supervision if the applicant can demonstrate an undue burden due to hardship, disability, or geography.

a. Supervised experience shall be acquired in no less than two nor more than four consecutive years.

b. Supervisees shall obtain throughout their hours of supervision a minimum of 1,380 hours of supervised experience in face-to-face client contact in the delivery of clinical social work services. The remaining hours may be spent in ancillary services supporting the delivery of clinical social work services.

An individual who does not complete the supervision requirement after four consecutive years of supervised experience may request an extension of up to 12 months. The request for an extension shall include evidence that demonstrates extenuating circumstances that prevented completion of the supervised experience within four consecutive years.

B. Requirements for supervisors.

The supervisor shall hold an active, unrestricted license as a licensed clinical social worker in the jurisdiction in which the clinical services are being rendered with at least two years of post-licensure clinical social work experience. The board may consider supervisors with commensurate qualifications if the applicant can demonstrate an undue burden due to geography or disability or if supervision was obtained in another United States jurisdiction.
The supervisor shall have received professional training in supervision, consisting of a three credit-hour graduate course in supervision or at least 14 hours of continuing education offered by a provider approved under 18VAC140-20-105. After the initial graduate course or 14 hours of continuing education in supervision, at least seven hours of continuing education in supervision shall be obtained by a supervisor within five years immediately preceding registration of supervision.
The supervisor shall not provide supervision for a family member or provide supervision for anyone with whom the supervisor has a dual relationship.
The board may consider supervisors from jurisdictions outside of Virginia who provided clinical social work supervision if they have commensurate qualifications but were either (i) not licensed because their jurisdiction did not require licensure or (ii) not designated as clinical social workers because the jurisdiction did not require such designation.

C. Responsibilities of supervisors. The supervisor shall:

Be responsible for the social work activities of the supervisee as set forth in this subsection once the supervisory arrangement is accepted;
Review and approve the diagnostic assessment and treatment plan of a representative sample of the clients assigned to the applicant during the course of supervision. The sample should be representative of the variables of gender, age, diagnosis, length of treatment, and treatment method within the client population seen by the applicant. It is the applicant's responsibility to ensure the representativeness of the sample that is presented to the supervisor;
Provide supervision only for those social work activities for which the supervisor has determined the applicant is competent to provide to clients;
Provide supervision only for those activities for which the supervisor is qualified by education, training, and experience;
Evaluate the supervisee's knowledge and document minimal competencies in the areas of an identified theory base, application of a differential diagnosis, establishing and monitoring a treatment plan, development and appropriate use of the professional relationship, assessing the client for risk of imminent danger, understanding the requirements of law for reporting any harm or risk of harm to self or others, and implementing a professional and ethical relationship with clients;
Be available to the applicant on a regularly scheduled basis for supervision;
Maintain documentation, for five years post-supervision, of which clients were the subject of supervision; and
Ensure that the board is notified of any change in supervision or if supervision has ended or been terminated by the supervisor.

D. Responsibilities of supervisees.

Supervisees may not directly bill for services rendered or in any way represent themselves as independent, autonomous practitioners, or licensed clinical social workers.
During the supervised experience, supervisees shall use their names and the initials of their degree, and the title "Supervisee in Social Work" in all written communications.
Clients shall be informed in writing of the supervisee's status and the supervisor's name, professional address, and telephone number.
Supervisees shall not supervise the provision of clinical social work services provided by another person.
While providing clinical social work services, a supervisee shall remain under board-approved supervision until licensed in Virginia as a licensed clinical social worker.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR620-01-2 § 2.2, eff. July 6, 1989; amended, Virginia Register Volume 6, Issue 26, eff. October 24, 1990; Volume 9, Issue 5, eff. December 30, 1992; Volume 12, Issue 3, eff. November 29, 1995; Volume 15, Issue 5, eff. December 23, 1998; Volume 24, Issue 23, eff. September 4, 2008; Volume 25, Issue 4, eff. November 26, 2008; Volume 26, Issue 6, eff. January 7, 2010; Volume 27, Issue 11, eff. March 2, 2011; Volume 29, Issue 25, eff. September 26, 2013; Volume 32, Issue 22, eff. August 12, 2016; Volume 33, Issue 20, eff. June 28, 2017; Volume 37, Issue 12, eff. March 18, 2021; Volume 40, Issue 22, eff. July 17, 2024.

18VAC140-20-51 Requirements for licensure by examination as an LBSW or LMSW

A. In order to be approved to sit for the board-approved examination as an LBSW or an LMSW, an applicant shall:

Meet the education requirements prescribed in 18VAC140-20-60.
Submit a completed application to the board office to include:

a. The application fee prescribed in 18VAC140-20-30; and

b. Official transcripts submitted from the appropriate institutions of higher education.

B. In order to be licensed by examination as an LBSW or an LMSW, an applicant shall:

Meet the requirements prescribed in 18VAC140-20-60; and
Submit, in addition to the application requirements of subsection A of this section, the following:

a. Verification of a passing score on the board-approved national examination;

b. Documentation of any other health or mental health licensure or certification, if applicable; and

c. A current report from the U.S. Department of Health and Human Services National Practitioner Data Bank (NPDB).

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008; amended, Virginia Register Volume 29, Issue 22, eff. July 31, 2013; Volume 29, Issue 25, eff. September 26, 2013; Volume 32, Issue 22, eff. August 12, 2016; Volume 35, Issue 22, eff. August 8, 2019; Volume 37, Issue 1, eff. October 15, 2020.

18VAC140-20-60 Education requirements for an LBSW or LMSW

The applicant for licensure as an LBSW shall hold a bachelor's degree from an accredited school of social work. The applicant for licensure as an LMSW shall hold a master's degree from an accredited school of social work. Graduates of foreign institutions must establish the equivalency of their education to this requirement through the Foreign Equivalency Determination Service of the Council on Social Work Education.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR620-01-2 § 2.3, eff. July 6, 1989; amended, Virginia Register Volume 6, Issue 26, eff. October 24, 1990; Volume 9, Issue 5, eff. December 30, 1992; Volume 12, Issue 3, eff. November 29, 1995; Volume 15, Issue 5, eff. December 23, 1998; Volume 25, Issue 4, eff. November 26, 2008; Volume 26, Issue 6, eff. January 7, 2010; Volume 29, Issue 25, eff. September 26, 2013; Volume 32, Issue 22, eff. August 12, 2016; Volume 35, Issue 22, eff. August 8, 2019; Volume 36, Issue 11, eff. March 5, 2020.

Part III Examinations

18VAC140-20-70 Examination requirement

A. An applicant for licensure by the board as an LBSW, an LMSW, or clinical social worker shall pass a written examination prescribed by the board.

The examination prescribed for licensure as a clinical social worker shall be the licensing examination of the Association of Social Work Boards at the clinical level.
The examination prescribed for licensure as an LBSW shall be the licensing examination of the Association of Social Work Boards at the bachelor's level.
The examination prescribed for licensure as an LMSW shall be the licensing examination of the Association of Social Work Boards at the master's level.

B. An applicant approved by the board to sit for an examination shall take that examination within two years of the date of the initial board approval. If the applicant has not passed the examination by the end of the two-year period here prescribed, the applicant shall reapply according to the requirements of the regulations in effect at that time in order to be approved for another two years in which to pass the examination.

C. If an applicant for clinical social work licensure has not passed the examination within the second two-year approval period, the applicant shall be required to register for supervision and complete one additional year as a supervisee before approval for another two-year period in which to re-take the examination may be granted.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR620-01-2 § 3.1, eff. July 6, 1989; amended, Virginia Register Volume 6, Issue 26, eff. October 24, 1990; Volume 9, Issue 5, eff. December 30, 1992; Volume 12, Issue 3, eff. November 29, 1995; Volume 15, Issue 5, eff. December 23, 1998; Volume 24, Issue 23, eff. September 4, 2008; Volume 26, Issue 6, eff. January 7, 2010; Volume 29, Issue 25, eff. September 26, 2013; Volume 32, Issue 22, eff. August 12, 2016; Volume 35, Issue 22, eff. August 8, 2019.

18VAC140-20-80 (Repealed.)

Historical Notes

Derived from VR620-01-2 §§ 3.2 and 4.1, eff. July 6, 1989; amended, Virginia Register Volume 6, Issue 26, eff. October 24, 1990; Volume 9, Issue 5, eff. December 30, 1992; repealed, Virginia Register Volume 15, Issue 5, eff. December 23, 1998.

18VAC140-20-100 Licensure renewal

A. Beginning with the 2017 renewal, licensees shall renew their licenses on or before June 30 of each year and pay the renewal fee prescribed by the board.

B. Licensees who wish to maintain an active license shall pay the appropriate fee and document on the renewal form compliance with the continued competency requirements prescribed in 18VAC140-20-105. Newly licensed individuals are not required to document continuing education on the first renewal date following initial licensure.

C. A licensee who wishes to place his license in inactive status may do so upon payment of a fee equal to one-half of the annual license renewal fee as indicated on the renewal form. No person shall practice social work or clinical social work in Virginia unless he holds a current active license. A licensee who has placed himself in inactive status may become active by fulfilling the reactivation requirements set forth in 18VAC140-20-110.

D. Each licensee shall furnish the board his current address of record. All notices required by law or by this chapter to be mailed by the board to any such licensee shall be validly given when mailed to the latest address of record given by the licensee. Any change in the address of record or the public address, if different from the address of record, shall be furnished to the board within 30 days of such change.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR620-01-2 § 5.1, eff. July 6, 1989; amended, Virginia Register Volume 6, Issue 26, eff. October 24, 1990; Volume 9, Issue 5, eff. December 30, 1992; Volume 17, Issue 14, eff. April 25, 2001; Volume 25, Issue 18, eff. July 1, 2009; Volume 29, Issue 25, eff. September 26, 2013; Volume 32, Issue 7, eff. December 30, 2015.

18VAC140-20-105 Continued competency requirements for renewal of an active license

A. Licensed clinical social workers shall be required to have completed a minimum of 30 contact hours of continuing education. LBSWs and LMSWs shall be required to have completed a minimum of 15 contact hours of continuing education prior to licensure renewal in even years. Courses or activities shall be directly related to the practice of social work or another behavioral health field. A minimum of six of those hours for licensed clinical social workers and a minimum of three of those hours for licensed social workers must pertain to ethics or the standards of practice for the behavioral health professions or to laws governing the practice of social work in Virginia. Up to two continuing education hours required for renewal may be satisfied through delivery of social work services, without compensation, to low-income individuals receiving health services through a local health department or a free clinic organized in whole or primarily for the delivery of those services, as verified by the department or clinic. Three hours of volunteer service is required for one hour of continuing education credit.

The board may grant an extension for good cause of up to one year for the completion of continuing education requirements upon written request from the licensee prior to the renewal date. Such extension shall not relieve the licensee of the continuing education requirement.
The board may grant an exemption for all or part of the continuing education requirements due to circumstances beyond the control of the licensee such as temporary disability, mandatory military service, or officially declared disasters upon written request from the licensee prior to the renewal date.

B. Hours may be obtained from a combination of board-approved activities in the following two categories:

Category I. Formally Organized Learning Activities. A minimum of 20 hours for licensed clinical social workers or 10 hours for licensed social workers shall be documented in this category, which shall include one or more of the following:

a. Regionally accredited university or college academic courses in a behavioral health discipline. A maximum of 15 hours will be accepted for each academic course.

b. Continuing education programs offered by universities or colleges accredited by the Council on Social Work Education.

c. Workshops, seminars, conferences, or courses in the behavioral health field offered by federal, state or local social service agencies, public school systems, or licensed health facilities and licensed hospitals.

d. Workshops, seminars, conferences, or courses in the behavioral health field offered by an individual or organization that has been certified or approved by one of the following:

(1) The Child Welfare League of America and its state and local affiliates.

(2) The National Association of Social Workers and its state and local affiliates.

(3) The National Association of Black Social Workers and its state and local affiliates.

(4) The Family Service Association of America and its state and local affiliates.

(5) The Clinical Social Work Association and its state and local affiliates.

(6) The Association of Social Work Boards.

(7) Any state social work board.

Category II. Individual Professional Activities. A maximum of 10 of the required 30 hours for licensed clinical social workers or a maximum of five of the required 15 hours for licensed social workers may be earned in this category, which shall include one or more of the following:

a. Participation in an Association of Social Work Boards item writing workshop. (Activity will count for a maximum of two hours.)

b. Publication of a professional social work-related book or initial preparation or presentation of a social work-related course. (Activity will count for a maximum of 10 hours.)

c. Publication of a professional social work-related article or chapter of a book, or initial preparation or presentation of a social work-related in-service training, seminar, or workshop. (Activity will count for a maximum of five hours.)

d. Provision of a continuing education program sponsored or approved by an organization listed under Category I. (Activity will count for a maximum of two hours and will only be accepted one time for any specific program.)

e. Field instruction of graduate students in a Council on Social Work Education-accredited school. (Activity will count for a maximum of two hours.)

f. Serving as an officer or committee member of one of the national professional social work associations listed under subdivision B 1 d of this section or as a member of a state social work licensing board. (Activity will count for a maximum of two hours.)

g. Attendance at formal staffings at federal, state, or local social service agencies, public school systems, or licensed health facilities and licensed hospitals. (Activity will count for a maximum of five hours.)

h. Individual or group study including listening to audio tapes, viewing video tapes, or reading professional books or articles. (Activity will count for a maximum of five hours.)

History

Statutory Authority: §§ 54.1-2400 and 54.1-3708 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 17, Issue 14, eff. April 25, 2001; amended, Virginia Register Volume 20, Issue 8, eff. January 28, 2004; Volume 24, Issue 20, eff. July 24, 2008; Volume 25, Issue 4, eff. November 26, 2008; Volume 26, Issue 6, eff. January 7, 2010; Volume 32, Issue 7, eff. December 30, 2015; Volume 33, Issue 11, eff. March 9, 2017; Volume 35, Issue 22, eff. August 8, 2019; Volume 36, Issue 4, eff. November 13, 2019.

18VAC140-20-106 Documenting compliance with continuing education requirements

A. All licensees in active status are required to maintain original documentation for a period of three years following renewal.

B. The board may conduct an audit of licensees to verify compliance with the requirement for a renewal period.

C. Upon request, a licensee shall provide documentation as follows:

Documentation of Category I activities by submission of:

a. Official transcripts showing credit hours earned; or

b. Certificates of participation.

Attestation of completion of Category II activities.

D. Continuing education hours required by disciplinary order shall not be used to satisfy renewal requirements.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 17, Issue 14, eff. April 25, 2001; amended, Virginia Register Volume 29, Issue 25, eff. September 26, 2013; Volume 32, Issue 7, eff. December 30, 2015.

18VAC140-20-110 Late renewal; reinstatement; reactivation

A. An LBSW, LMSW, or clinical social worker whose license has expired may renew that license within one year after its expiration date by:

Providing evidence of having met all applicable continuing education requirements.
Paying the penalty for late renewal and the renewal fee as prescribed in 18VAC140-20-30.

B. An LBSW, LMSW, or clinical social worker who fails to renew the license after one year and who wishes to resume practice shall apply for reinstatement and pay the reinstatement fee, which shall consist of the application processing fee and the penalty fee for late renewal, as set forth in 18VAC140-20-30. An applicant for reinstatement shall also provide:

Documentation of having completed all applicable continued competency hours equal to the number of years the license has lapsed, not to exceed four years;
Documentation of any other health or mental health licensure or certification held in another United States jurisdiction, if applicable; and
A current report from the U.S. Department of Health and Human Services National Practitioner Data Bank.

C. An LBSW, LMSW, or clinical social worker wishing to reactivate an inactive license shall submit the difference between the renewal fee for active licensure and the fee for inactive licensure renewal and document completion of continued competency hours equal to the number of years the license has been inactive, not to exceed four years.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR620-01-2 § 5.2, eff. July 6, 1989; amended, Virginia Register Volume 6, Issue 26, eff. October 24, 1990; Volume 9, Issue 5, eff. December 30, 1992; Volume 12, Issue 3, eff. November 29, 1995; Volume 15, Issue 5, eff. December 23, 1998; Volume 17, Issue 14, eff. April 25, 2001; Volume 29, Issue 22, eff. July 31, 2013; Volume 32, Issue 7, eff. December 30, 2015; Volume 32, Issue 22, eff. August 12, 2016; Volume 34, Issue 10, eff. February 7, 2018; Volume 35, Issue 22, eff. August 8, 2019; Volume 39, Issue 3, eff. October 26, 2022.

18VAC140-20-120 (Repealed.)

Historical Notes

Derived from VR620-01-2 § 5.3, eff. July 6, 1989; amended, Virginia Register Volume 6, Issue 26, eff. October 24, 1990; Volume 9, Issue 5, eff. December 30, 1992; repealed, Virginia Register Volume 12, Issue 3, eff. November 29, 1995.

18VAC140-20-130 Renewal of registration for associate social workers and registered social workers

The registration of every associate social worker and registered social worker with the former Virginia Board of Registration of Social Workers under former § 54-775.4 of the Code of Virginia shall expire on June 30 of each year.

Each registrant shall return the completed application before the expiration date, accompanied by the payment of the renewal fee prescribed by the board.
Failure to receive the renewal notice shall not relieve the registrant from the renewal requirement.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR620-01-2 § 5.4, eff. July 6, 1989; amended, Virginia Register Volume 6, Issue 26, eff. October 24, 1990; Volume 9, Issue 5, eff. December 30, 1992; Volume 32, Issue 7, eff. December 30, 2015.

18VAC140-20-140 (Repealed.)

History

Historical Notes: Derived from VR620-01-2 § 6.1, eff. July 6, 1989; amended, Virginia Register Volume 6, Issue 26, eff. October 24, 1990; Volume 9, Issue 5, eff. December 30, 1992; repealed, Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

Part V Standards of Practice

18VAC140-20-150 Professional conduct

A. The protection of the public health, safety, and welfare and the best interest of the public shall be the primary guide in determining the appropriate professional conduct of all persons whose activities are regulated by the board. Regardless of the delivery method, whether in person, by telephone, or electronically, these standards shall apply to the practice of social work.

B. Persons licensed as LBSWs, LMSWs, and clinical social workers shall:

Be able to justify all services rendered to or on behalf of clients as necessary for diagnostic or therapeutic purposes.
Provide for continuation of care when services must be interrupted or terminated.
Practice only within the competency areas for which they are qualified by education and experience.
Report to the board known or suspected violations of the laws and regulations governing the practice of social work.
Neither accept nor give commissions, rebates, or other forms of remuneration for referral of clients for professional services.
Ensure that clients are aware of fees and billing arrangements before rendering services.
Inform clients of potential risks and benefits of services and the limitations on confidentiality and ensure that clients have provided informed written consent to treatment.
Keep confidential their therapeutic relationships with clients and disclose client records to others only with written consent of the client, with the following exceptions: (i) when the client is a danger to self or others; or (ii) as required by law.
When advertising their services to the public, ensure that such advertising is neither fraudulent nor misleading.
As treatment requires and with the written consent of the client, collaborate with other health or mental health providers concurrently providing services to the client.
Refrain from undertaking any activity in which one's personal problems are likely to lead to inadequate or harmful services.
Recognize conflicts of interest and inform all parties of the nature and directions of loyalties and responsibilities involved.
Not engage in conversion therapy with any person younger than 18 years of age.
Not engage in physical contact with a client when there is a likelihood of psychological harm to the client. Social workers who engage in physical contact are responsible for setting clear and culturally sensitive boundaries.
Not sexually harass clients. Sexual harassment includes sexual advances; sexual solicitation; requests for sexual favors; and other verbal, written, electronic, or physical contact of a sexual nature.

C. In regard to client records, persons licensed by the board shall comply with provisions of § 32.1-127.1:03 of the Code of Virginia on health records privacy and shall:

Maintain written or electronic clinical records for each client to include identifying information and assessment that substantiates diagnosis and treatment plans. Each record shall include a diagnosis and treatment plan, progress notes for each case activity, information received from all collaborative contacts and the treatment implications of that information, and the termination process and summary.
Maintain client records securely, inform all employees of the requirements of confidentiality, and provide for the destruction of records that are no longer useful in a manner that ensures client confidentiality.
Disclose or release records to others only with clients' expressed written consent or that of their legally authorized representative or as mandated by law.
Ensure confidentiality in the usage of client records and clinical materials by obtaining informed consent from clients or their legally authorized representative before (i) videotaping, (ii) audio recording, (iii) permitting third-party observation, or (iv) using identifiable client records and clinical materials in teaching, writing, or public presentations.
Maintain client records for a minimum of six years or as otherwise required by law from the date of termination of the therapeutic relationship with the following exceptions:

a. At minimum, records of a minor child shall be maintained for six years after attaining the age of majority or 10 years following termination, whichever comes later.

b. Records that are required by contractual obligation or federal law to be maintained for a longer period of time.

c. Records that have been transferred to another mental health professional or have been given to the client or the client's legally authorized representative.

D. In regard to dual relationships, persons licensed by the board shall:

Not engage in a dual relationship with a client or a supervisee that could impair professional judgment or increase the risk of exploitation or harm to the client or supervisee. (Examples of such a relationship include familial, social, financial, business, bartering, or a close personal relationship with a client or supervisee.) Social workers shall take appropriate professional precautions when a dual relationship cannot be avoided, such as informed consent, consultation, supervision, and documentation to ensure that judgment is not impaired and no exploitation occurs.
Not have any type of romantic relationship or sexual intimacies with a client or those included in collateral therapeutic services, and not provide services to those persons with whom they have had a romantic or sexual relationship. Social workers shall not engage in romantic relationship or sexual intimacies with a former client within a minimum of five years after terminating the professional relationship. Social workers who engage in such a relationship after five years following termination shall have the responsibility to examine and document thoroughly that such a relationship did not have an exploitive nature, based on factors such as duration of therapy, amount of time since therapy, termination circumstances, client's personal history and mental status, adverse impact on the client. A client's consent to, initiation of, or participation in sexual behavior or involvement with a social worker does not change the nature of the conduct nor lift the regulatory prohibition.
Not engage in any romantic or sexual relationship or establish a therapeutic relationship with a current supervisee or student. Social workers shall avoid any nonsexual dual relationship with a supervisee or student in which there is a risk of exploitation or potential harm to the supervisee or student, or the potential for interference with the supervisor's professional judgment.
Recognize conflicts of interest and inform all parties of the nature and directions of loyalties and responsibilities involved.
Not engage in a personal relationship with a former client in which there is a risk of exploitation or potential harm or if the former client continues to relate to the social worker in the social worker's professional capacity.

E. Upon learning of evidence that indicates a reasonable probability that another mental health provider is or may be guilty of a violation of standards of conduct as defined in statute or regulation, persons licensed by the board shall advise their clients of their right to report such misconduct to the Department of Health Professions in accordance with § 54.1-2400.4 of the Code of Virginia.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR620-01-2 § 7.1, eff. July 6, 1989; amended, Virginia Register Volume 6, Issue 26, eff. October 24, 1990; Volume 9, Issue 5, eff. December 30, 1992; Volume 12, Issue 3, eff. November 29, 1995; Volume 15, Issue 5, eff. December 23, 1998; Volume 20, Issue 8, eff. January 28, 2004; Volume 25, Issue 4, eff. November 26, 2008; Volume 32, Issue 22, eff. August 12, 2016; Volume 35, Issue 22, eff. August 8, 2019; Volume 39, Issue 3, eff. October 26, 2022.

18VAC140-20-160 Grounds for disciplinary action or denial of issuance of a license or registration

The board may refuse to admit an applicant to an examination; refuse to issue a license or registration to an applicant; or reprimand, impose a monetary penalty, place on probation, impose such terms as it may designate, suspend for a stated period of time or indefinitely, or revoke a license or registration for one or more of the following grounds:

Conviction of a felony or of a misdemeanor involving moral turpitude;
Procurement of license by fraud or misrepresentation;
Conducting one's practice in such a manner so as to make the practice a danger to the health and welfare of one's clients or to the public. In the event a question arises concerning the continued competence of a licensee, the board will consider evidence of continuing education;
Being unable to practice social work with reasonable skill and safety to clients by reason of illness, excessive use of alcohol, drugs, narcotics, chemicals or any other type of material or as a result of any mental or physical condition;
Conducting one's practice in a manner contrary to the standards of ethics of social work or in violation of 18VAC140-20-150, standards of practice;
Performing functions outside the board-licensed area of competency;
Failure to comply with the continued competency requirements set forth in 18VAC140-20-105;
Violating or aiding and abetting another to violate any statute applicable to the practice of social work or any provision of this chapter; and
Failure to provide supervision in accordance with the provisions of 18VAC140-20-50 or 18VAC140-20-60.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR620-01-2 § 7.2, eff. July 6, 1989; amended, Virginia Register Volume 6, Issue 26, eff. October 24, 1990; Volume 9, Issue 5, eff. December 30, 1992; Volume 17, Issue 14, eff. April 25, 2001; Volume 25, Issue 4, eff. November 26, 2008; Volume 32, Issue 22, eff. August 12, 2016.

18VAC140-20-170 Reinstatement following disciplinary action

Any person whose license has been suspended, revoked, or denied renewal by the board under the provisions of 18VAC140-20-160 shall, in order to be eligible for reinstatement, (i) submit a new application to the board for a license, (ii) pay the appropriate reinstatement fee, and (iii) submit any other credentials as prescribed by the board. After a hearing, the board may, at its discretion, grant the reinstatement.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3700 et seq. of the Code of Virginia.
Historical Notes: Derived from VR620-01-2 § 7.3, eff. July 6, 1989; amended, Virginia Register Volume 6, Issue 26, eff. October 24, 1990; Volume 9, Issue 5, eff. December 30, 1992; Volume 12, Issue 3, eff. November 29, 1995.

18VAC140-20-171 Criteria for delegation of informal fact-finding proceedings to an agency subordinate

A. Decision to delegate. In accordance with subdivision 10 of § 54.1-2400 of the Code of Virginia, the board may delegate an informal fact-finding proceeding to an agency subordinate.

B. Criteria for delegation. Cases that may not be delegated to an agency subordinate include violations of standards of practice as set forth in 18VAC140-20-150, except as may otherwise be determined by the probable cause committee in consultation with the board chair.

C. Criteria for an agency subordinate.

An agency subordinate authorized by the board to conduct an informal fact-finding proceeding may include board members and professional staff or other persons deemed knowledgeable by virtue of their training and experience in administrative proceedings involving the regulation and discipline of health professionals.
The executive director shall maintain a list of appropriately qualified persons to whom an informal fact-finding proceeding may be delegated.
The board may delegate to the executive director the selection of the agency subordinate who is deemed appropriately qualified to conduct a proceeding based on the qualifications of the subordinate and the type of case being heard.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 21, Issue 21, eff. July 27, 2005; amended, Virginia Register Volume 40, Issue 4, eff. November 8, 2023.

Agency 145 Board For Professional Soil Scientists, Wetland Professionals, And Geologists

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

18VAC145-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Board for Professional Soil Scientists, Wetland Professionals, and Geologists. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008; amended, Virginia Register Volume 28, Issue 23, eff. August 15, 2012.

18VAC145-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Board for Professional Soil Scientists, Wetland Professionals, and Geologists, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008; amended, Virginia Register Volume 28, Issue 23, eff. August 15, 2012.

Part II Notification of Interested Persons

18VAC145-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC145-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 18VAC145-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Part III Public Participation Procedures

18VAC145-11-50 Public comment

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008; amended, Virginia Register Volume 33, Issue 7, eff. January 12, 2017.

18VAC145-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC145-11-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC145-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC145-11-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC145-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC145-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Chapter 20 Professional Soil Scientists Regulations

Part I General

18VAC145-20-10 Definitions

Section 54.1-2200 of the Code of Virginia provides definitions of the following terms and phrases as used in this chapter:

Board

Soil

Soil evaluation

Soil science

Soil scientist

The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise.

"Application" means a completed application with the appropriate fee and any other required documentation, including but not limited to references, employment verification, degree verification, and verification of examination and licensure.

"CSSE" means the Council of Soil Science Examiners.

"Field study" means the investigation of a site to secure soils information by means of landscape analysis and soil borings, excavations or test pits which are plotted on a base map or other documents (e.g., aerial photographs, topographic maps, scaled site plans, subdivision plans, or narrative description of the location).

"Soil map" means a map showing distribution of soil types or other soil mapping units in relation to the prominent landforms and cultural features of the earth's surface.

"Soil survey" means a systematic field investigation of the survey area that provides a soil evaluation and a system of uniform definitions of soil characteristics for all the different kinds of soil found within the study area, all of which are incorporated into a soil report which includes a soil map.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from VR627-02-01 § 1.1, eff. June 1, 1989; amended, Virginia Register Volume 9, Issue 14, eff. May 5, 1993; Volume 18, Issue 7, eff. January 16, 2002; Volume 31, Issue 10, eff. March 1, 2015.

18VAC145-20-20 (Repealed.)

Historical Notes

Derived from VR627-02-01 §§ 1.2 through 1.5, eff. June 1, 1989; amended, Virginia Register Volume 9, Issue 14, eff. May 5, 1993; repealed, Virginia Register Volume 18, Issue 7, eff. January 16, 2002.

Part II Entry

18VAC145-20-60 General application requirements

A. Applicants for licensure must meet the requirements established in Chapter 22 (§ 54.1-2200 et seq.) of Title 54.1 of the Code of Virginia.

B. The applicant must provide a current mailing or email address.

C. The board may make further inquiries and investigations with respect to an applicant's qualifications and documentation to confirm or amplify information supplied.

D. Applicants who do not meet the requirements of this chapter may be approved following consideration by the board in accordance with the provisions of the Virginia Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from VR627-02-01 § 2.1, eff. June 1, 1989; amended, Virginia Register Volume 9, Issue 14, eff. May 5, 1993; Volume 31, Issue 10, eff. March 1, 2015; Volume 42, Issue 1, eff. October 1, 2025.

18VAC145-20-70 (Repealed.)

History

Historical Notes: Derived from VR627-02-01 § 2.2, eff. June 1, 1989; amended, Virginia Register Volume 9, Issue 14, eff. May 5, 1993; Volume 18, Issue 7, eff. January 16, 2002; repealed, Virginia Register Volume 31, Issue 10, eff. March 1, 2015.

18VAC145-20-80 (Repealed.)

Historical Notes

Derived from VR627-02-01 § 2.3, eff. June 1, 1989; amended, Virginia Register Volume 9, Issue 14, eff. May 5, 1993; repealed, Virginia Register Volume 18, Issue 7, eff. January 16, 2002.

18VAC145-20-90 Qualifying experience in soil evaluation

Minimum experience requirements are established in Chapter 22 (§ 54.1-2200 et seq.) of Title 54.1 of the Code of Virginia. Applicants shall satisfy the length of experience established relative to their education. Applicants shall demonstrate experience in two or more of the following areas:

Soil mapping. Compiled soil maps representing at least 5,000 acres as part of a soil survey or surveys with a formal mapping legend under the direct guidance of an experienced technical supervisor. Only maps in a published report, a report scheduled to be published, or a report of a publishable quality shall be deemed as acceptable for this type of experience;
Soil evaluation. Conducted at least 20 soil evaluations for specific land uses under the direct guidance of an experienced technical supervisor. Examples of such uses include, but are not limited to, onsite wastewater disposal, residential and commercial development, sanitary landfill sites, forestry or agriculture production, soil erosion and sediment control, shrink-swell, or hydric soils. The finished product must have been submitted to a client or government agency (e.g., Health Department, Environmental Protection Agency, Department of Environmental Quality, Department of Conservation and Recreation, or local planning commission);
Field/Laboratory studies. Conducted at least 10 detailed field or laboratory studies under the direct guidance of an experienced technical supervisor. The field or laboratory study must have resulted in a soil evaluation report that was accepted by the client or government agency;
Research/Teaching. Conducted at least one research project as part of a thesis or publication or taught at least one full-time course in a soil science curriculum at an accredited institution of higher education, the quality of which demonstrates to the board that the applicant is competent to practice as a professional soil scientist;
Consulting (public/private). Assembled or compiled soil information with existing data or field studies and evaluated data for a specific land use. The work may have been done independently or under supervision. At least three written reports must have been submitted to the client or government agency; or
Education. Each year of full-time undergraduate study in a soils curriculum or related natural science may count as one-half year of experience up to a maximum of two years. Each year of full-time graduate study in a soils curriculum may count as one year of experience up to a maximum of two years. One year equals 30 semester credit hours earned or 45 quarter credit hours earned. Any credits used to meet the education requirements established in Chapter 22 (§ 54.1-2200 et seq.) of Title 54.1 of the Code of Virginia may not be used to meet experience requirements.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from VR627-02-01 § 2.4, eff. June 1, 1989; amended, Virginia Register Volume 9, Issue 14, eff. May 5, 1993; Volume 18, Issue 7, eff. January 16, 2002; Volume 31, Issue 10, eff. March 1, 2015.

18VAC145-20-91 Core course requirements

At least 15 semester hours selected from the identified courses in this section or the equivalent are required for course work or a degree core to be considered a degree in a soil science curriculum or a related natural science degree.

| Intro to Crop and Soil Environmental Sciences | Soil - Plant - Animal Interrelationships in Grasslands | | --- | --- | | Soil Evaluation | Aluminum Chemistry in the Soil System | | Soils | Soil Physics or Physical Properties | | Soils Lab | Soil Genesis/Classification | | Man and Environment | Soil Fertility/Management | | Soil Survey/Taxonomy | Soil Fertility/Management Lab | | Soil Microbiology | Soil/Groundwater Pollution | | Soil Resource Management | Soils for Waste Disposal | | Soil Chemistry | Soil Microbiology Lab | | Topics in Soil Genesis | Forest Soils/Hydrology | | Soil Seminar | Clay Mineralogy | | Special Studies (Soils Based) | Soil Interpretations | | Field Studies (Soils Based) | Advanced Concepts in Soil Genesis | | Soils and Land Use | Independent Studies (Soil Based) | | Soil Physical and Colloidal Chemistry | Soil Biochemistry | | | Soil Geomorphology | | Soil - Plant Relations | Soil Conservation |

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 18, Issue 7, eff. January 16, 2002; amended, Virginia Register Volume 31, Issue 10, eff. March 1, 2015; Volume 42, Issue 1, eff. October 1, 2025.

18VAC145-20-100 Examination

A. Applicants are required to pass all parts of the CSSE-prepared exam.

B. Completed applications must be received by the board no less than 60 days prior to the exam date or applicants may be deferred to the next exam administration.

C. Applicants approved by the board are exam-eligible for a period of three years from the date of initial board approval. Applicants who do not pass the exam at the end of the three-year period are no longer exam-eligible and must reapply as a new applicant.

D. Board-approved applicants eligible for admission to both parts of the exam must first pass the Fundamentals in Soil Science exam before being admitted to the Professional Practices in Soil Science exam.

E. Applicants will be notified by the board of whether they passed or failed the exam. The exam may not be reviewed by applicants. Exam scores are final and not subject to change.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from VR627-02-01 § 2.5, eff. June 1, 1989; amended, Virginia Register Volume 9, Issue 14, eff. May 5, 1993; Volume 18, Issue 7, eff. January 16, 2002; Volume 31, Issue 10, eff. March 1, 2015; Volume 42, Issue 1, eff. October 1, 2025.

18VAC145-20-110 (Repealed.)

Historical Notes

Derived from VR627-02-01 § 2.6, eff. June 1, 1989; amended, Virginia Register Volume 9, Issue 14, eff. May 5, 1993; repealed, Virginia Register Volume 18, Issue 7, eff. January 16, 2002.

18VAC145-20-111 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 18, Issue 7, eff. January 16, 2002; amended, Virginia Register Volume 25, Issue 26, eff. October 1, 2009; repealed, Virginia Register Volume 31, Issue 10, eff. March 1, 2015.

Part III Renewal/Reinstatement and Fees

18VAC145-20-120 Expiration

Licenses issued under this chapter will expire two years from the last day of the month in which the license was issued.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from VR627-02-01 § 3.1, eff. June 1, 1989; amended, Virginia Register Volume 9, Issue 14, eff. May 5, 1993; Volume 18, Issue 7, eff. January 16, 2002; Volume 31, Issue 10, eff. March 1, 2015; Volume 42, Issue 1, eff. October 1, 2025.

18VAC145-20-130 Procedures for renewal

A. The board will send a renewal notice to the license holder at least 30 days prior to expiration of the license. Failure to receive this notice does not relieve the license holder from the requirement to renew the license. License holders must keep the board informed of their current mailing or email address. Changes of address must be reported to the board in writing within 30 calendar days of the change.

B. In addition to the established fee, proof of satisfactory completion of continuing education (CE) is required to renew a license. Documentation submitted as proof of completion of CE must demonstrate that the CE meets the requirements established in 18VAC145-20-145.

C. If the renewal fee and proof of completion of CE are not received by the board within 30 days following the license expiration date, a late renewal fee of $25 will be required in addition to the regular renewal fee. Upon receipt of the requisite fee and proof of completion of CE, the license will be renewed for an additional two years. A license that is not renewed within six months after its expiration is no longer eligible for renewal. The license may be reinstated pursuant to the requirements of 18VAC145-20-140.

D. The date the fee and documented proof of completion of CE are received by the board or its agent will determine whether a late renewal fee, the reinstatement fee, or reapplication is required.

E. A license suspended by board order may not be renewed until the period of suspension has ended and all terms and conditions of the board's order have been met. Individuals renewing licenses within 30 days after the suspension is lifted will not be required to pay a late fee.

F. A revoked license may not be renewed. An individual whose license has been revoked must file a new application and obtain board approval to recover licensure. Examination may not be waived.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from VR627-02-01 § 3.2, eff. June 1, 1989; amended, Virginia Register Volume 9, Issue 14, eff. May 5, 1993; Volume 18, Issue 7, eff. January 16, 2002; Volume 31, Issue 10, eff. March 1, 2015; Volume 42, Issue 1, eff. October 1, 2025.

18VAC145-20-140 Reinstatement

A. If the renewal fee, late renewal fee, and documented proof of completion of continuing education (CE) are not received by the board within six months following the license expiration date, the license holder will be required to pay the fee for reinstatement. The fee for reinstatement includes the regular renewal fee plus the reinstatement fee.

B. If the reinstatement fee and documented proof of completion of CE are not received by the board within two years following the license expiration date, the individual will no longer be eligible for reinstatement. To become licensed again, the individual must apply as a new applicant and meet all current education, experience, and examination requirements as established in this chapter.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from VR627-02-01 § 3.3, eff. June 1, 1989; amended, Virginia Register Volume 9, Issue 14, eff. May 5, 1993; Volume 18, Issue 7, eff. January 16, 2002; Volume 31, Issue 10, eff. March 1, 2015; Volume 42, Issue 1, eff. October 1, 2025.

18VAC145-20-145 Continuing education requirements

A. Licensees must complete eight hours of continuing education (CE) per year for renewal or reinstatement. CE must be completed pursuant to the provisions of this section.

B. CE must be completed during the time prior to the renewal or reinstatement of a license and will be valid for that renewal or reinstatement only.

C. CE activities completed by licensees may be accepted by the board, provided the activity:

Consists of content and subject matter directly related to the practice of soil science;
Has a clear purpose and objective that will maintain, improve, or expand the skills and knowledge relevant to the practice of soil science and may be in areas related to business practices, including project management, risk management, and ethics, that have demonstrated relevance to the practice of soil science as defined in § 54.1-2200 of the Code of Virginia;
Contains an assessment by the sponsor at the conclusion of the self-directed activity; and
Results in documentation that verifies the licensee's successful completion of the activity.

D. Computation of credit.

Fifty contact minutes will equal one hour of CE. For activities that consist of segments that are less than 50 minutes, those segments will be totaled for computation of CE for that activity.
A licensee may not receive credit for any CE activity that was not completed in its entirety. No credit will be given for partial completion of a CE activity.
A licensee applying for renewal or reinstatement will not receive credit for completing a CE activity with the same content more than once during the time period prior to the renewal or reinstatement.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 10, eff. March 1, 2015; amended, Virginia Register Volume 42, Issue 1, eff. October 1, 2025.

18VAC145-20-150 (Repealed.)

Historical Notes

Derived from VR627-02-01 § 3.4, eff. June 1, 1989; amended, Virginia Register Volume 9, Issue 14, eff. May 5, 1993; repealed, Virginia Register Volume 18, Issue 7, eff. January 16, 2002.

18VAC145-20-151 Fees

The fees for licensure are listed in this section. Checks or money orders shall be made payable to the Treasurer of Virginia. All fees required by the board are nonrefundable. In the event that a check, money draft, or similar instrument for payment of a fee required by statute or regulation is not honored by the bank or financial institution named, the applicant or regulant shall be required to remit fees sufficient to cover the original fee plus an additional processing charge as authorized by § 2.2-614.1 C of the Code of Virginia.

| Fee Type | When Due | Amount Due | | --- | --- | --- | | New application | With application | $110 | | Renewal fee | Prior to license expiration | $90 | | Late renewal fee | More than 30 days after license expiration | $50 | | Reinstatement fee | More than six months after license expiration | $125 |

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 18, Issue 7, eff. January 16, 2002; amended, Virginia Register Volume 21, Issue 3, eff. December 1, 2004; Volume 26, Issue 22, eff. September 1, 2010; Volume 31, Issue 10, eff. March 1, 2015; Volume 41, Issue 22, eff. August 1, 2025.

Part IV Standards of Practice and Conduct

18VAC145-20-160 Professional conduct

A licensed professional soil scientist:

Must not submit any false statements, make any misrepresentations, or fail to disclose any facts requested concerning any application for initial licensure, renewal, or reinstatement;
Must not engage in any fraud, deceit, or misrepresentation in advertising, soliciting, or providing professional services;
Must not knowingly sign, stamp, or seal any plans, drawings, blueprints, surveys, reports, specifications, maps, or other documents not prepared or reviewed and approved by the licensed professional;
Must not knowingly represent a client or employer on a project on which the licensed professional represents or has represented another client or employer without making full disclosure of such representation;
Must express a professional opinion only when it is founded on adequate knowledge of established facts at issue and based on a background of technical competence in the subject matter;
Must not knowingly misrepresent factual information in expressing a professional opinion;
Must immediately notify the client or employer and the appropriate regulatory agency if the judgment of the licensed professional is overruled and not adhered to when advising appropriate parties of any circumstances of a substantial threat to the public health, safety, or welfare; and
Must exercise reasonable care when rendering professional services and must apply the technical knowledge, skill, and terminology ordinarily applied by practicing soil scientists.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from VR627-02-01 § 4.1, eff. June 1, 1989; amended, Virginia Register Volume 9, Issue 14, eff. May 5, 1993; Volume 18, Issue 7, eff. January 16, 2002; Volume 31, Issue 10, eff. March 1, 2015; Volume 42, Issue 1, eff. October 1, 2025.

18VAC145-20-170 Sanctions and powers of the board

A. The board has the power to sanction any license holder at any time after a hearing conducted pursuant to the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia). Sanctions may include but are not limited to the issuance of fines, the suspension of a license, the revocation of a license, or the levying of an additional requirement for remedial education. Sanctions may be levied against any regulant who has been determined by the board to have:

Committed fraud or deceit in obtaining or attempting to obtain initial licensure, renewal, or reinstatement;
Performed any act in the practice of his profession likely to deceive, defraud, or harm the public;
Committed any act of gross negligence, incompetence, or misconduct in the practice of soil science;
Been convicted of a felony under the terms specified in § 54.1-204 of the Code of Virginia; or
Violated or cooperated with others having violated any provisions of Chapter 22 (§ 54.1-2200 et seq.) of Title 54.1 of the Code of Virginia or any regulation of the board.

B. The board may refuse to grant, renew, or reinstate the license of any person for any of the reasons specified in subsection A of this section or in circumstances where an individual fails to comply with the requirements of Chapter 22 (§ 54.1-2200 et seq.) of the Code of Virginia and this chapter.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from VR627-02-01 § 4.2, eff. June 1, 1989; amended, Virginia Register Volume 9, Issue 14, eff. May 5, 1993; Volume 18, Issue 7, eff. January 16, 2002; Volume 31, Issue 10, eff. March 1, 2015.

Chapter 30 Regulations Governing Certified Professional Wetland Delineators

Part I General

18VAC145-30-10 Definitions

All terms defined in Chapter 22 (§ 54.1-2200 et seq.) of Title 54.1 of the Code of Virginia are incorporated in this chapter.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Tidal wetlands" means those wetlands subject to the jurisdiction of Chapter 13 (§ 28.2-1300 et seq.) of Title 28.2 of the Code of Virginia.

"Nontidal wetlands" means all other wetlands, as that term is defined in § 62.1-44.3 of the Code of Virginia, except those subject to the jurisdiction of Chapter 13 (§ 28.2-1300 et seq.) of Title 28.2 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-201 and 54.1-2203 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 20, eff. July 14, 2004; amended, Virginia Register Volume 42, Issue 2, eff. November 1, 2025.

Part II Entry

18VAC145-30-20 Qualifications for certification

Applicants for certification shall pass the board-approved exam and meet the requirements specified in Chapter 22 (§ 54.1-2200 et seq.) of Title 54.1 of the Code of Virginia and this chapter. The board will waive the examination requirement for applicants who meet the requirements of § 54.1-2206 B of the Code of Virginia.

History

Statutory Authority: §§ 54.1-201 and 54.1-2203 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 20, eff. July 14, 2004; amended, Virginia Register Volume 42, Issue 2, eff. November 1, 2025.

18VAC145-30-30 Receipt of application

The date the completed application and fee are received in the board's office shall determine if the application has been received by the established deadline in 18VAC145-30-70.

History

Statutory Authority: §§ 54.1-201 and 54.1-2203 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 20, eff. July 14, 2004; amended, Virginia Register Volume 42, Issue 2, eff. November 1, 2025.

18VAC145-30-40 Qualification for examination

In order to qualify for the examination, an applicant shall provide (i) documentation of meeting education and experience requirements and (ii) three written references as provided for in § 54.1-2206.2 of the Code of Virginia.

References shall not be related to the applicant.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 20, eff. July 14, 2004; amended, Virginia Register Volume 23, Issue 20, eff. July 12, 2007; Volume 31, Issue 10, eff. March 1, 2015; Volume 41, Issue 1, eff. October 1, 2024; Volume 42, Issue 2, eff. November 1, 2025.

18VAC145-30-50 Qualifying experience in wetland delineation

An applicant shall demonstrate experience in one of the following areas:

For those individuals seeking to qualify pursuant to the provisions of subdivision 1 or 2 of § 54.1-2206.2 of the Code of Virginia, the experience in wetland delineation must be as a wetland professional and include the preparation of no fewer than 10 delineations, which must be no more than 10 years old at the time of receipt by the board office, delineating wetlands in accordance with applicable state and federal regulations that include the proper identification of vegetation, soil, and hydrology indicators. At least six of the 10 delineations must be for nontidal wetlands;
For those individuals seeking to qualify pursuant to the provisions of subdivision 1 or 2 of § 54.1-2206.2 of the Code of Virginia, the experience in wetland delineation must be as a wetland professional and include the inspection, review, or confirmation of no fewer than 30 delineations as an employee of a federal, state, or local governmental body that is authorized to review or approve such delineations, which must be no more than 10 years old at the time of receipt by the board office, delineating wetlands in accordance with applicable state and federal regulations that include the proper identification of vegetation, soil, and hydrology indicators. Such experience must include the performance of field verifications of a portion of those wetland delineations that were inspected, reviewed, or confirmed. At least 18 of the 30 delineations must be for nontidal wetlands; or
For those individuals seeking to qualify pursuant to the provisions of subdivision 3 of § 54.1-2206.2 of the Code of Virginia, the experience as a wetland science researcher must include the preparation of a minimum of three field studies focused on wetland delineation practice and issues, which includes the proper identification of vegetation, soil, and hydrology indicators, and the experience as a teacher of wetlands curriculum must have been acquired in an accredited institution of higher education as a field or laboratory instructor of quarter-length or semester-length classes for a minimum of six semester hours, or equivalent, within the past 10 years prior to the receipt of the application by the board office, and the curriculum must have included the proper identification of vegetation, soil, and hydrology indicators.

History

Statutory Authority: §§ 54.1-201 and 54.1-2203 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 20, eff. July 14, 2004; amended, Virginia Register Volume 42, Issue 2, eff. November 1, 2025.

18VAC145-30-60 Course requirements

The education required pursuant to subdivision 1 of § 54.1-2206.2 of the Code of Virginia must include the following:

For a bachelor's or graduate degree to be approved by the board, it shall, at a minimum, contain coursework in the following:

a. Biological sciences, including courses such as general biology, botany, or zoology; general ecology; plant, animal, aquatic, or wetlands ecology; invertebrate zoology; taxonomy; marine science; fisheries biology; plant physiology, plant taxonomy, plant pathology, or plant morphology; relevant environmental sciences; and similar courses;

b. Physical sciences, including courses in soils, chemistry, hydrology, physics, geology, sedimentology, oceanography, coastal processes, environmental engineering, and similar courses; and

c. Quantitative sciences, including courses in math, computer sciences, basic statistics, population dynamics, experimental statistics, and similar courses.

The applicant must have successfully completed a course of instruction, of a minimum of 32 hours, in state and federal wetland delineation methods that includes the proper identification of vegetation, soil, and hydrology indicators and a field component.

History

Statutory Authority: §§ 54.1-201 and 54.1-2203 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 20, eff. July 14, 2004; amended, Virginia Register Volume 42, Issue 2, eff. November 1, 2025.

18VAC145-30-70 Examination

A. Once approved by the board, an applicant shall be eligible to sit for a board-approved examination.

B. An applicant must meet all eligibility requirements as of the date the completed application and fee is received by the board's office. For examination candidates, the completely documented application and fee must be received by the board's office at least 60 days prior to the examination.

C. A candidate approved to take an examination shall do so within three years of the date of approval or submit a new application and fee in accordance with this chapter. Applicants who fail to pass the board-approved examination within three years of being approved shall be required to submit a new application.

D. A candidate who is unable to take the examination at the time scheduled must notify the department prior to the date of the examination.

History

Statutory Authority: §§ 54.1-201 and 54.1-2203 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 20, eff. July 14, 2004; amended, Virginia Register Volume 42, Issue 2, eff. November 1, 2025.

18VAC145-30-80 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 20, Issue 20, eff. July 14, 2004; repealed, Virginia Register Volume 42, Issue 2, eff. November 1, 2025.

Part III Fees, Renewal and Reinstatement Requirements

18VAC145-30-90 Fees

All fees required by the board are nonrefundable and shall not be prorated.

| Fee Type | Amount | | --- | --- | | Application | $110 | | Renewal fee | $90 | | Late renewal fee | $50 | | Reinstatement fee | $125 | | Examination fee | $150 |

History

Statutory Authority: §§ 54.1-201 and 54.1-2203 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 20, eff. July 14, 2004; amended, Virginia Register Volume 26, Issue 22, eff. September 1, 2010; Volume 41, Issue 22, eff. August 1, 2025.

18VAC145-30-100 Expiration

Certificates issued under this chapter shall expire two years from the last day of the month in which they were issued, as indicated on the certificate.

History

Statutory Authority: §§ 54.1-201 and 54.1-2203 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 20, eff. July 14, 2004.

18VAC145-30-110 Renewal

A. The department shall send a renewal notice to the certificate holder at the last known address of record at least 30 days prior to expiration. Failure to receive this notice does not relieve the certificate holder from the requirement to renew the certificate.

B. If the renewal fee is not received by the department within 30 calendar days following the expiration date noted on the certificate, a late renewal fee of $25 shall be required in addition to the regular renewal fee. If the certificate is renewed after 30 days from the expiration date and prior to 180 days of the expiration date, the effective date of the renewal shall be the original renewal date. No certificate may be renewed more than 180 days following the date of expiration noted on the certificate.

C. The date a fee is received by the department or its agent shall determine whether a late renewal fee or the requirement for reinstatement or reapplication is applicable.

D. A certificate suspended by board order shall not be renewed until the period of suspension has ended and all terms and conditions of the board's order have been met. Individuals renewing certificates within 30 days after the suspension is lifted will not be required to pay a late fee.

History

Statutory Authority: §§ 54.1-201 and 54.1-2203 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 20, eff. July 14, 2004; amended, Virginia Register Volume 42, Issue 2, eff. November 1, 2025.

18VAC145-30-120 Reinstatement

A. If the renewal fee and late renewal fee are not received by the department within 180 days following the expiration date noted on the certificate, the certificate holder shall no longer be considered a certificate holder and will be required to apply for certificate reinstatement. The applicant shall meet the current eligibility standards for certification as a Virginia certified professional wetland delineator. The fee for reinstatement shall include the regular renewal fee plus the reinstatement fee.

B. If the reinstatement application and fee are not received by the department within two years following the expiration date noted on the certificate, the applicant shall apply as a new applicant and shall meet all current entry requirements as may be required by the board.

History

Statutory Authority: §§ 54.1-201 and 54.1-2203 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 20, eff. July 14, 2004; amended, Virginia Register Volume 42, Issue 2, eff. November 1, 2025.

18VAC145-30-130 Denial of application or renewal

The board may, in its discretion, refuse to grant, renew or reinstate a certificate of any person for any of the reasons specified in Chapters 1, 2 or 22 of Title 54.1 of the Code of Virginia and this chapter including, but not limited to, Part IV (18VAC145-30-140 et seq.) of this chapter.

History

Statutory Authority: §§ 54.1-201 and 54.1-2203 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 20, eff. July 14, 2004.

Part IV Standards of Practice and Conduct

18VAC145-30-140 Standards of practice and conduct

A Virginia certified professional wetland delineator:

Shall not submit any false statements, make any misrepresentations, or fail to disclose any facts requested concerning any application for certification or recertification.
Shall not engage in any fraud, deceit, or misrepresentation in advertising, soliciting, or providing professional services.
Shall not knowingly sign any plans, drawings, blueprints, surveys, reports, specifications, maps, or other documents not prepared or reviewed and approved by the certificate holder.
Shall not knowingly represent a client or employer on a project on which the certificate holder represents or has represented another client or employer without making full disclosure thereof.
Shall express a professional opinion only when the professional opinion is founded on adequate knowledge of established facts at issue and based on a background of technical competence in the subject matter.
Shall not knowingly misrepresent factual information in expressing a professional opinion.
Shall exercise reasonable care when rendering professional services and shall apply the technical knowledge, skill, and terminology ordinarily applied by practicing wetland professionals.
Shall not utilize the design, drawings, specifications, or work of another regulant to complete or to replicate any work without the written consent of the person who or organization that owns the design, drawings, specifications, or work.

History

Statutory Authority: §§ 54.1-201 and 54.1-2203 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 20, eff. July 14, 2004; amended, Virginia Register Volume 35, Issue 21, eff. August 1, 2019; Volume 42, Issue 2, eff. November 1, 2025.

18VAC145-30-150 Grounds for suspension, revocation or other disciplinary action

The board has the power to fine any certificate holder, and to suspend or revoke any certificate issued under the provisions of Chapter 22 (§ 54.1-2200 et seq.) of Title 54.1 of the Code of Virginia, and the regulations of the board, where the certificate holder has been found to have violated or cooperated with others in violating any provision of Chapters 1, 2 or 22 of Title 54.1 of the Code of Virginia, or any regulation of the board.

History

Statutory Authority: §§ 54.1-201 and 54.1-2203 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 20, eff. July 14, 2004.

18VAC145-30-160 Change of address

A certificate holder must report any change of address to the department in writing within 30 calendar days of the change.

History

Statutory Authority: §§ 54.1-201 and 54.1-2203 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 20, eff. July 14, 2004; amended, Virginia Register Volume 42, Issue 2, eff. November 1, 2025.

Chapter 40 Regulations for the Geology Certification Program

Part I General

18VAC145-40-10 Definitions

A. Section 54.1-2200 of the Code of Virginia provides definitions of the following terms and phrases as used in this chapter:

Board

Geologist

Geology

Practice of geology

Qualified geologist

Virginia certified professional geologist

B. The following words and terms when used in this chapter have the following meanings unless the context clearly indicates otherwise:

"Department" means Department of Professional and Occupational Regulation.

"Geological mapping" means the process of creating a map on which is recorded geological information, such as the distribution, nature, and age of relationships of rock units, in which surficial deposits may or may not be mapped separately, and the occurrence of structural features such as folds, faults, and joints; mineral deposits; and fossil localities. "Geological mapping" may indicate geologic structure by means of formational outcrop patterns, by conventional symbols giving the direction and amount of dip at certain points, or by structure-contour lines.

"Geologist-in-Training" or "GIT" means an individual who has completed the academic requirements specified in this chapter and has passed the Fundamentals of Geology examination, but has not met all requirements to qualify as a Virginia certified professional geologist.

"Related geological science degree" means a degree that includes 30 semester hours of courses in the geosciences, including 12 or more semester hours from at least four of the following disciplines: stratigraphy, structural geology, hydrogeology, mineralogy, petrology, geomorphology, and field geology.

"Responsible charge" means the direct control and supervision of the practice of geology.

"Supervision" means quality control review of all significant data collection, interpretation, and conclusions.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Former 18VAC70-20-10 derived from VR335-01-2 § 1.1, eff. February 1, 1988; amended, Virginia Register Volume 7, Issue 13, eff. April 24, 1991; Volume 11, Issue 6, eff. February 1, 1995; Volume 22, Issue 21, eff. August 1, 2006; amended and renumbered as 18VAC145-40-10, Virginia Register Volume 28, Issue 23, eff. August 15, 2012; amended, Volume 29, Issue 5, eff. January 1, 2013; Volume 41, Issue 1, eff. October 1, 2024; Volume 42, Issue 2, eff. November 1, 2025.

18VAC145-40-20 Fees

All fees for application, examination, renewal, and reinstatement will be established by the board pursuant to § 54.1-201 of the Code of Virginia. All fees are nonrefundable and will not be prorated.

The application fee for certification will be $110.
The fee for renewal of certification will be $90.
The application fee for the Geologist-in-Training (GIT) designation will be $20.
The fee for examination or reexamination is subject to contracted charges to the department by an outside vendor. These contracts are competitively negotiated and bargained for in compliance with the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia). Fees may be adjusted and charged to the candidate in accordance with this contract.
The penalty fee for late renewal will be $50 in addition to the renewal fee.
The reinstatement fee will be $125.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Former 18VAC70-20-30 derived from VR335-01-2 § 1.3, eff. February 1, 1988; amended, Virginia Register Volume 7, Issue 13, eff. April 24, 1991; Volume 11, Issue 6, eff. February 1, 1995; Volume 15, Issue 18, eff. July 1, 1999; Volume 22, Issue 21, eff. August 1, 2006; Volume 22, Issue 26, eff. November 1, 2006; Volume 27, Issue 12, April 1, 2011; amended and renumbered as 18VAC145-40-20, Virginia Register Volume 28, Issue 23, eff. August 15, 2012; amended, Virginia Register Volume 29, Issue 5, eff. January 1, 2013; Volume 31, Issue 7, eff. January 1, 2015; Volume 41, Issue 22, eff. August 1, 2025.

18VAC145-40-30 Expiration, renewal and fee of certificate holders

A. Certificates issued under this chapter will expire on August 31 of the odd-numbered year following the date of issuance. Certificate holders will be notified of the fee and the procedure for certificate renewal at least 45 days before the certificate expires. Each certificate holder desiring to renew a certificate must submit the renewal notice with the appropriate fee before the certificate expires.

B. There will be a penalty fee for late renewal assessed in addition to the renewal fee for any certificate holder failing to renew the certificate within 30 days following the date of expiration.

C. Failure to receive written notice from the department does not relieve the regulant from the requirement to renew the certificate. If the certificate holder fails to receive the renewal notice, a copy of the certificate may be submitted with the required fee.

D. The date a fee is received by the department or its agent will be used to determine whether a penalty fee or the requirement for reinstatement of a certificate is applicable.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Former 18VAC70-20-40 derived from VR335-01-2 § 1.4, eff. February 1, 1988; amended, Virginia Register Volume 7, Issue 13, eff. April 24, 1991; Volume 11, Issue 6, eff. February 1, 1995; amended and renumbered as 18VAC145-40-30, Virginia Register Volume 28, Issue 23, eff. August 15, 2012; amended, Virginia Register Volume 42, Issue 2, eff. November 1, 2025.

18VAC145-40-40 Reinstatements

If the certificate holder fails to renew the certificate within six months following the expiration date, the certificate holder will be required to apply for reinstatement of the certificate. The board may grant reinstatement of the certificate, or require requalification or reexamination, or both. The application fee for reinstatement of a certificate shall be the amount established in 18VAC145-40-20.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.Former 18VAC70-20-50 derived from VR335-01-2 § 1.5, eff. February 1, 1988; amended, Virginia Register Volume 7, Issue 13, eff. April 24, 1991; Volume 11, Issue 6, eff. February 1, 1995; Volume 22, Issue 21, eff. August 1, 2006; Volume 22, Issue 26, eff. November 1, 2006; amended and renumbered as 18VAC145-40-40, Virginia Register Volume 28, Issue 23, eff. August 15, 2012.

18VAC145-40-50 Status of certification during the period prior to reinstatement

A. Reinstated certifications shall continue to have the same certification number and shall expire on August 31 of the odd-numbered year following the date of reinstatement.

B. Reinstated certifications shall be regarded as having been continuously licensed without interruption. Therefore, the holder of the reinstated certification shall remain under the disciplinary authority of the board during this entire period and may be held accountable for his activities during this period.

C. Certifications which are not renewed or reinstated shall be regarded as expired from the date of the expiration forward.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.Former 18VAC70-20-60 derived from VR335-01-2 § 1.6, eff. February 1, 1988; amended, Virginia Register Volume 7, Issue 13, eff. April 24, 1991; Volume 11, Issue 6, eff. February 1, 1995; Volume 22, Issue 21, eff. August 1, 2006; amended and renumbered as 18VAC145-40-50, Virginia Register Volume 28, Issue 23, eff. August 15, 2012.

18VAC145-40-60 Use of seal

A certified professional geologist may apply a rubber stamp or preprinted seal to final and complete cover sheets and to each original sheet of plans or drawings prepared or reviewed and approved by the regulant. The seal may be applied to the cover sheet of technical reports and specifications prepared or reviewed and approved by the regulant.

All seal imprints on final documents must be signed.
Application of the seal and signature indicates acceptance of responsibility for work shown thereon.
The original seal must be two inches in diameter and conform to the design illustrated in this subdivision.

*The number on the seal is the last four digits of the certificate number.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Former 18VAC70-20- derived from VR335-01-2 § 1.7, eff. February 1, 1988; amended, Virginia Register Volume 7, Issue 13, eff. April 24, 1991; Volume 11, Issue 6, eff. February 1, 1995; Volume 22, Issue 21, eff. August 1, 2006; amended and renumbered as 18VAC145-40-, Virginia Register Volume 28, Issue 23, eff. August 15, 2012; amended, Virginia Register Volume 42, Issue 2, eff. November 1, 2025.

Part II Entry

18VAC145-40-70 Qualifications for certification

A. In addition to the requirements in § 54.1-2208.2 of the Code of Virginia, each applicant for certification as a professional geologist in Virginia must:

Make application on forms provided by the board;
Be of ethical character, which may be established if the applicant:

a. Has not been convicted of a non-marijuana misdemeanor in the last 10 years or has never been convicted of a felony that would render the applicant unfit or unsuited to engage in the occupation or profession applied for in accordance with § 54.1-204 of the Code of Virginia;

b. Has committed no act involving dishonesty, fraud, misrepresentation, breach of fiduciary duty, negligence, or incompetence reasonably related to:

(1) The proposed area of practice within 10 years prior to application for licensure, certification, or registration; or

(2) The area of practice related to licensure, certification, or registration by the board while under the authority of the board;

c. Has not engaged in fraud or misrepresentation in connection with the application for licensure, certification, or registration, or related exam;

d. Has not had a license, certification, or registration revoked or suspended for cause or been disciplined by the Commonwealth or by any other jurisdiction, or surrendered a license, certificate, or registration in lieu of disciplinary action; and

e. Has not practiced without the required license, certification, or registration in the Commonwealth or in another jurisdiction within the five years immediately preceding the filing of the application for licensure, certification, or registration by the Commonwealth.

Have at least seven years of geological work that must include either a minimum of three years of geological work under the supervision of a qualified or certified professional geologist or a minimum of three years of experience in responsible charge of geological work. The work must include one or more of the following areas:

a. Mineralogy.

(1) Identify and classify major rock types.

(2) Identify mineral assemblages.

(3) Determine probable genesis and sequence of mineral assemblages.

(4) Identify minerals on the basis of chemical composition.

(5) Predict subsurface mineral characteristics on the basis of exposures and drillholes.

b. Petrography or petrology.

(1) Identify and classify major rock types.

(2) Determine physical properties of rocks.

(3) Determine chemical properties of rocks.

(4) Determine types or degrees of rock alteration.

(5) Determine suites of rock types.

c. Geochemistry.

(1) Establish analytical objectives and approaches.

(2) Evaluate geochemical data.

(3) Construct models based on results of geochemical analysis.

(4) Make recommendations based upon results of geochemical analyses.

d. Hydrogeology.

(1) Design and interpret hydrologic testing programs.

(2) Utilize chemical data to evaluate hydrogeologic conditions.

(3) Apply geophysical methods to analyze hydrogeologic conditions.

(4) Determine physical and chemical properties of aquifers and vadose zones.

(5) Determine groundwater flow systems.

(6) Evaluate groundwater resources.

(7) Evaluate groundwater quality.

(8) Design wells and drilling programs.

(9) Develop groundwater resource management plans.

(10) Plan and evaluate remedial action programs.

e. Engineering geology.

(1) Provide geological information and interpretations for engineering design.

(2) Identify and evaluate potential seismic and other geologic hazards.

(3) Provide geologic consultation during and after construction.

(4) Develop and interpret engineering geology maps and sections.

(5) Evaluate materials resources.

(6) Define and establish site selection and evaluation criteria.

(7) Design and implement field and laboratory programs.

(8) Describe and sample soils for geologic analysis and materials properties testing.

f. Mining geology.

(1) Formulate exploration programs.

(2) Implement field investigations on prospects.

(3) Perform geologic interpretations for mineral reserves.

(4) Perform economic analyses or appraisals.

(5) Provide geologic interpretations for mine development and production activities.

(6) Provide geologic interpretations for mine abandonments, closures, or restorations.

g. Petroleum geology.

(1) Formulate exploration programs.

(2) Implement field investigations on prospects.

(3) Perform geologic interpretations of physical properties and hydrocarbon reserves.

(4) Perform petroleum economic analyses or appraisals.

(5) Provide geologic interpretations for development and production activities.

(6) Provide geologic interpretations for abandonments, closures, or restorations.

B. Applicants holding degrees other than those listed in § 54.1-2208.2 B 2 of the Code of Virginia must provide the board with written documentation that demonstrates that the courses satisfactorily completed by the applicant are equivalent geological science courses.

C. A year of full-time employment is a minimum of 32 hours per week. Partial credit may be given for actual hours of work or workdays experience if the applicant works as a geologist less than full time.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Former 18VAC70-20-80 derived from VR335-01-2 § 2.1, eff. February 1, 1988; amended, Virginia Register Volume 7, Issue 13, eff. April 24, 1991; Volume 11, Issue 6, eff. February 1, 1995; Volume 22, Issue 21, eff. August 1, 2006; amended and renumbered as 18VAC145-40-70, Virginia Register Volume 28, Issue 23, eff. August 15, 2012; amended, Virginia Register Volume 42, Issue 2, eff. November 1, 2025.

18VAC145-40-80 (Repealed.)

History

Historical Notes: Former 18VAC70-20-90 derived from VR335-01-2 § 2.2, eff. February 1, 1988; amended, Virginia Register Volume 7, Issue 13, eff. April 24, 1991; Volume 11, Issue 6, eff. February 1, 1995; Volume 22, Issue 21, eff. August 1, 2006; amended and renumbered as 18VAC145-40-80, Virginia Register Volume 28, Issue 23, eff. August 15, 2012; repealed, Virginia Register Volume 42, Issue 2, eff. November 1, 2025.

18VAC145-40-83 Qualifications for the Fundamentals of Geology (FG) examination

A. The board may approve applicants to sit for the Fundamentals of Geology (FG) examination without having met the experience requirements of 18VAC145-40-70. The applicant must submit an application on forms provided by the board, pay the fee established in 18VAC145-40-20, and satisfy one of the following requirements:

Hold a baccalaureate or higher degree from an accredited college or university with a major in geology, engineering geology, geological engineering, or a related geological science.
Hold a baccalaureate or higher degree from an accredited college or university and have satisfactorily completed at least 30 semester hours or the equivalent of geological science courses.
Be enrolled in an undergraduate geology, engineering geology, geological engineering, or a related geological science curriculum of at least four years at an accredited college or university and be within 12 months of completing undergraduate degree requirements.
Be enrolled in a graduate geology, engineering geology, geological engineering, or a related geological science curriculum at an accredited college or university and be within six months of completing graduate degree requirements.

B. Applicants must provide an official college transcript that demonstrates satisfactory completion of a degree program or course work as applicable to meet the requirements established in subsection A of this section.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 29, Issue 5, eff. January 1, 2013; amended, Virginia Register Volume 42, Issue 2, eff. November 1, 2025.

18VAC145-40-85 Qualifications for Geologist-in-Training (GIT) designation

A. To be eligible to obtain the GIT designation, each applicant must:

Be of ethical character in accordance with the provisions of 18VAC145-40-70 A 2;
Have achieved a passing score on a board-approved Fundamentals of Geology examination; and
Hold a baccalaureate or higher degree from an accredited college or university and have satisfactorily completed at least 30 semester hours in courses in the geosciences, including 12 or more semester hours in at least four of the following disciplines: stratigraphy, structural geology, hydrogeology, mineralogy, petrology, geomorphology, and field geology.

B. Prior to obtaining the designation of GIT, an applicant who qualified to sit for a board-approved Fundamentals of Geology examination under 18VAC145-40-83 A 3 or A 4 and passed the examination must provide an official college transcript that demonstrates satisfactory completion of the degree program.

C. The designation of GIT will remain valid until the individual meets all requirements for certification as a Virginia certified professional geologist.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 29, Issue 5, eff. January 1, 2013; amended, Virginia Register Volume 42, Issue 2, eff. November 1, 2025.

Part III Standards of Practice and Conduct

18VAC145-40-90 Disclosure

A certified professional geologist:

Must not submit any false statements or fail to disclose any facts requested concerning the geologist's or another's application for certification.
Must not engage in any fraud, deceit, or misrepresentation in advertising, soliciting, or providing professional services.
Must not knowingly sign, stamp, or seal any plans, drawings, blueprints, surveys, reports, specifications, or other documents not prepared or reviewed and approved by the certificate holder.
Must make full disclosure to all parties of any monetary, financial, or beneficial interest the geologist may have in any contract or entity providing goods or services, other than professional services, to a project or engagement.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Former 18VAC70-20-100 derived from VR335-01-2 § 3.1, eff. February 1, 1988; amended, Virginia Register Volume 7, Issue 13, eff. April 24, 1991; Volume 11, Issue 6, eff. February 1, 1995; amended and renumbered as 18VAC145-40-90, Virginia Register Volume 28, Issue 23, eff. August 15, 2012; amended, Virginia Register Volume 42, Issue 2, eff. November 1, 2025.

18VAC145-40-100 Change of address or name

Each certified professional geologist and geologist-in-training must notify the board, in writing, of any change of address or name. This notification must be sent to the board within 30 days after such change of address or name.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Former 18VAC70-20-105 derived from Virginia Register Volume 22, Issue 21, eff. August 1, 2006; amended and renumbered as 18VAC145-40-100, Virginia Register Volume 28, Issue 23, eff. August 15, 2012; amended, Virginia Register Volume 42, Issue 2, eff. November 1, 2025.

18VAC145-40-110 Compliance with other laws

A certified professional geologist:

Shall comply with all federal, state, and local building, fire, safety, real estate, or mining codes, as well as any other laws, codes, ordinances, or regulations pertaining to the practice of geology.
Shall not violate any state or federal criminal statute, including fraud, misrepresentation, embezzlement, bribery, theft, forgery, or breach of fiduciary duty relating to his professional practice.
Shall immediately notify the client or employer and the appropriate regulatory agency if his professional judgment is overruled and not adhered to in circumstances of a serious threat to the public health, safety, or welfare. If appropriate remedial action is not taken within a reasonable amount of time after making the report, he shall notify the appropriate governmental authority of the specific nature of the public threat.
Shall give written notice to the board, and shall cooperate with the board and the department in furnishing any further information or assistance needed, if he knows or believes that another geologist/firm may be violating any of the provisions of Chapter 22 (§ 54.1-2200 et seq.) of Title 54.1 of the Code of Virginia, or this chapter.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.Former 18VAC70-20-110 derived from VR335-01-2 § 3.2, eff. February 1, 1988; amended, Virginia Register Volume 7, Issue 13, eff. April 24, 1991; Volume 11, Issue 6, eff. February 1, 1995; Volume 22, Issue 21, eff. August 1, 2006; amended and renumbered as 18VAC145-40-110, Virginia Register Volume 28, Issue 23, eff. August 15, 2012.

18VAC145-40-120 Conflicts of interest

A certified professional geologist will not:

Accept any work on any project or other professional engagement when a duty to a client or to the public would conflict with the geologist's personal interest or the interest of another client, unless immediate disclosure of all material facts of the conflict is made to each client related to the project or engagement.
Accept compensation for services related to the same project or professional engagement from more than one party without making prior full disclosure to all parties involved.
Solicit or accept gratuities, directly or indirectly, from contractors, agents of contractors, or other parties dealing with a client or employer in connection with work for which the regulant is responsible.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Former 18VAC70-20-120 derived from VR335-01-2 § 3.3, eff. February 1, 1988; amended, Virginia Register Volume 7, Issue 13, eff. April 24, 1991; Volume 11, Issue 6, eff. February 1, 1995; amended and renumbered as 18VAC145-40-120, Virginia Register Volume 28, Issue 23, eff. August 15, 2012; amended, Virginia Register Volume 42, Issue 2, eff. November 1, 2025.

18VAC145-40-130 Competence for assignments

A certified professional geologist:

Shall exercise reasonable care when rendering professional services and shall apply the technical knowledge and skills ordinarily applied by practicing geologists.
Shall not accept any professional assignment or engagement that he is not competent to perform by way of education, technical knowledge, or experience. An assignment requiring education or experience outside his field of competence may be accepted provided:

a. His professional services are restricted to those phases of the project in which he is qualified; and

b. All other phases of the project are performed by qualified associates, consultants, or employees.

History

Statutory Authority: § 54.1-201 of the Code of Virginia.
Historical Notes: Former 18VAC70-20-130 derived from VR335-01-2 § 3.4, eff. February 1, 1988; amended, Virginia Register Volume 7, Issue 13, eff. April 24, 1991; Volume 11, Issue 6, eff. February 1, 1995; amended and renumbered as 18VAC145-40-130, Virginia Register Volume 28, Issue 23, eff. August 15, 2012.

18VAC145-40-140 (Repealed.)

History

Historical Notes: Former 18VAC70-20-140 derived from VR335-01-2 § 3.5, eff. February 1, 1988; amended, Virginia Register Volume 7, Issue 13, eff. April 24, 1991; Volume 11, Issue 6, eff. February 1, 1995; Volume 22, Issue 21, eff. August 1, 2006; amended and renumbered as 18VAC145-40-140, Virginia Register Volume 28, Issue 23, eff. August 15, 2012; repealed, Virginia Register Volume 42, Issue 2, eff. November 1, 2025.

18VAC145-40-150 (Repealed.)

History

Historical Notes: Former 18VAC70-20-150 derived from VR335-01-2 § 3.6, eff. February 1, 1988; amended, Virginia Register Volume 7, Issue 13, eff. April 24, 1991; Volume 11, Issue 6, eff. February 1, 1995; Volume 22, Issue 21, eff. August 1, 2006; amended and renumbered as 18VAC145-40-150, Virginia Register Volume 28, Issue 23, eff. August 15, 2012; repealed, Virginia Register Volume 42, Issue 2, eff. November 1, 2025.

Agency 150 Board of Veterinary Medicine

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

18VAC150-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Board of Veterinary Medicine. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

18VAC150-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Board of Veterinary Medicine, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

Part II Notification of Interested Persons

18VAC150-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

18VAC150-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 18VAC150-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

Part III Public Participation Procedures

18VAC150-11-50 Public comment

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008; amended, Virginia Register Volume 33, Issue 5, eff. December 15, 2016.

18VAC150-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

18VAC150-11-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

18VAC150-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

18VAC150-11-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

18VAC150-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

18VAC150-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 1, eff. October 15, 2008.

Chapter 20 Regulations Governing the Practice of Veterinary Medicine

Part I General Provisions

18VAC150-20-10 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"AAVSB" means the American Association of Veterinary State Boards.

"Automatic emergency lighting" is lighting that is powered by battery, generator, or alternate power source other than electrical power, is activated automatically by electrical power failure, and provides sufficient light to complete surgery or to stabilize the animal until surgery can be continued or the animal moved to another establishment.

"AVMA" means the American Veterinary Medical Association.

"Board" means the Virginia Board of Veterinary Medicine.

"Companion animal" means any dog, cat, horse, nonhuman primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic or native bird, or any feral animal or animal under the care, custody or ownership of a person or any animal that is bought, sold, traded, or bartered by any person. Agricultural animals, game species, or any animals regulated under federal law as research animals shall not be considered companion animals for the purposes of this chapter.

"CVMA" means the Canadian Veterinary Medical Association.

"DEA" means the U.S. Drug Enforcement Administration.

"ICVA" means the International Council for Veterinary Assessment.

"Immediate supervision" means that the licensed veterinarian is immediately available to the licensed veterinary technician or assistant, either electronically or in person, and provides a specific order based on observation and diagnosis of the patient within the last 36 hours.

"Owner" means any person who (i) has a right of property in an animal; (ii) keeps or harbors an animal; (iii) has an animal in his care; or (iv) acts as a custodian of an animal.

"PAVE" means the Program for the Assessment of Veterinary Education Equivalence for veterinary technicians of the American Association of Veterinary State Boards.

"Preceptee" or "extern" means a student who is enrolled and in good standing in an AVMA accredited college of veterinary medicine or AVMA accredited veterinary technology program and who is receiving practical experience under the supervision of a licensed veterinarian or licensed veterinary technician.

"Preceptorship" or "externship" means a formal arrangement between an AVMA accredited college of veterinary medicine or an AVMA accredited veterinary technology program and a veterinarian who is licensed by the board and responsible for the practice of the preceptee. A preceptorship or externship shall be overseen by faculty of the college or program.

"Private animal shelter" means a facility that is used to house or contain animals and that is owned or operated by an incorporated, nonprofit, and nongovernmental entity, including a humane society, animal welfare organization, society for the prevention of cruelty to animals, or any other organization operating for the purpose of finding permanent adoptive homes for animals.

"Professional judgment" includes any decision or conduct in the practice of veterinary medicine, as defined by § 54.1-3800 of the Code of Virginia.

"Public animal shelter" means a facility operated by the Commonwealth, or any locality, for the purpose of impounding or sheltering seized, stray, homeless, abandoned, unwanted, or surrendered animals, or a facility operated for the same purpose under a contract with any locality.

"Specialist" means a veterinarian who has been awarded and has maintained the status of diplomate of a specialty organization recognized by the American Board of Veterinary Specialties of the American Veterinary Medical Association, or any other organization approved by the board.

"Surgery" means treatment through revision, destruction, incision or other structural alteration of animal tissue. Surgery does not include dental extractions of single-rooted teeth or skin closures performed by a licensed veterinary technician upon a diagnosis and pursuant to direct orders from a veterinarian.

"Veterinarian-in-charge" means a veterinarian who holds an active license in Virginia and who is responsible for maintaining a veterinary establishment within the standards set by this chapter, for complying with federal and state laws and regulations, and for notifying the board of the establishment's closure.

"Veterinary establishment" or "establishment" means any stationary or ambulatory practice, veterinary hospital, animal hospital, or premises wherein or out of which veterinary medicine is being conducted.

"Veterinary technician" means a person licensed by the board as required by § 54.1-3805 of the Code of Virginia.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR645-01-1 § 1.1, eff. June 10, 1987; amended, Virginia Register Volume 6, Issue 26, eff. October 31, 1990; Volume 12, Issue 9, eff. February 21, 1996; Volume 15, Issue 5, eff. December 23, 1998; Volume 19, Issue 9, eff. March 1, 2003; Volume 20, Issue 24, eff. October 23, 2004; Volume 26, Issue 4, eff. November 25, 2009; Volume 32, Issue 22, eff. July 27, 2016; Volume 34, Issue 1, eff. October 25, 2017; Volume 38, Issue 13, eff. April 1, 2022.

18VAC150-20-15 Criteria for delegation of informal fact-finding proceedings to an agency subordinate

A. Decision to delegate. In accordance with subdivision 10 of § 54.1-2400 of the Code of Virginia, the board may delegate an informal fact-finding proceeding to an agency subordinate.

B. Criteria for delegation. Cases that may be delegated to an agency subordinate are those that do not involve standard of care or those that may be recommended by a committee of the board.

C. Criteria for an agency subordinate. An agency subordinate authorized by the board to conduct an informal fact-finding proceeding shall include current or former board members deemed knowledgeable by virtue of training and experience in administrative proceedings involving the regulation and discipline of health professionals.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 21, Issue 21, eff. July 27, 2005; amended, Virginia Register Volume 26, Issue 4, eff. November 25, 2009; Volume 40, Issue 26, eff. September 26, 2024.

18VAC150-20-20 (Repealed.)

Historical Notes

Derived from VR645-01-1 § 1.2, eff. June 10, 1987; amended, Virginia Register Volume 6, Issue 26, eff. October 31, 1990; repealed, Virginia Register Volume 12, Issue 9, eff. February 21, 1996.

18VAC150-20-30 Posting of licenses; accuracy of address

A. All licenses and registrations issued by the board shall be posted in a place conspicuous to the public at the establishment where veterinary services are being provided or available for inspection at the location where an equine dental technician is working. Licensees who do relief or temporary work in an establishment shall carry a license with them or post it at the establishment. Ambulatory veterinary practices that do not have an office accessible to the public shall carry their licenses and registrations in their vehicles.

B. It shall be the duty and responsibility of each licensee, registrant, and holder of a registration to operate a veterinary establishment to keep the board apprised at all times of his current address of record and the public address, if different from the address of record. All notices required by law or by this chapter to be mailed to any veterinarian, veterinary technician, registered equine dental technician, or holder of a registration to operate a veterinary establishment shall be validly given when mailed to the address of record furnished to the board pursuant to this regulation. All address changes shall be furnished to the board within 30 days of such change.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR645-01-1 § 1.3, eff. June 10, 1987; amended, Virginia Register Volume 6, Issue 26, eff. October 31, 1990; Volume 15, Issue 5, eff. December 23, 1998; Volume 19, Issue 9, eff. March 1, 2003; Volume 24, Issue 3, eff. November 29, 2007; Volume 25, Issue 25, eff. September 16, 2009; Volume 26, Issue 4, eff. November 25, 2009; Volume 34, Issue 1, eff. October 25, 2017.

18VAC150-20-40 (Repealed.)

Historical Notes

Derived from VR645-01-1 §§ 1.4 to 1.6, eff. June 10, 1987; amended, Virginia Register Volume 6, Issue 26, eff. October 31, 1990; repealed, Virginia Register Volume 15, Issue 5, eff. December 23, 1998.

18VAC150-20-70 Licensure renewal requirements

A. Every person licensed by the board shall, by January 1 of every year, submit to the board a completed renewal application and pay to the board a renewal fee as prescribed in 18VAC150-20-100. Failure to renew shall cause the license to lapse and become invalid, and practice with a lapsed license may subject the licensee to disciplinary action by the board. Failure to receive a renewal notice does not relieve the licensee of his responsibility to renew and maintain a current license.

B. Veterinarians shall be required to have completed a minimum of 15 hours, and veterinary technicians shall be required to have completed a minimum of eight hours, of approved continuing education for each annual renewal of licensure. Continuing education credits or hours may not be transferred or credited to another year.

Approved continuing education credit shall be given for courses or programs related to the treatment and care of patients and shall be clinical courses in veterinary medicine or veterinary technology or courses that enhance patient safety, such as medical recordkeeping or compliance with requirements of the Occupational Health and Safety Administration (OSHA).
An approved continuing education course or program shall be sponsored by one of the following:

a. The AVMA or its constituent and component/branch associations, specialty organizations, and board certified specialists in good standing within their specialty board;

b. Colleges of veterinary medicine approved by the AVMA Council on Education;

c. International, national, or regional conferences of veterinary medicine;

d. Academies or species-specific interest groups of veterinary medicine;

e. State associations of veterinary technicians;

f. North American Veterinary Technicians Association;

g. Community colleges with an approved program in veterinary technology;

h. State or federal government agencies;

i. American Animal Hospital Association (AAHA) or its constituent and component/branch associations;

j. Journals or veterinary information networks recognized by the board as providing education in veterinary medicine or veterinary technology; or

k. An organization or entity approved by the Registry of Approved Continuing Education of the AAVSB.

A licensee is exempt from completing continuing education requirements and considered in compliance on the first renewal date following his initial licensure by examination.
The board may grant an exemption for all or part of the continuing education requirements due to circumstances beyond the control of the licensee, such as temporary disability, mandatory military service, or officially declared disasters.
The board may grant an extension for good cause of up to one year for the completion of continuing education requirements upon written request from the licensee prior to the renewal date. Such an extension shall not relieve the licensee of the continuing education requirement.
Licensees are required to attest to compliance with continuing education requirements on their annual license renewal and are required to maintain original documents verifying the date and subject of the program or course, the number of continuing education hours or credits, and certification from an approved sponsor. Original documents must be maintained for a period of two years following renewal. The board shall periodically conduct a random audit to determine compliance. Practitioners selected for the audit shall provide all supporting documentation within 14 days of receiving notification of the audit unless an extension is granted by the board.
Continuing education hours required by disciplinary order shall not be used to satisfy renewal requirements.
Up to two hours of the 15 hours required for annual renewal of a veterinarian license and up to one hour of the eight hours required for annual renewal of a veterinary technician license may be satisfied through delivery of veterinary services, without compensation, to low-income individuals receiving health services through a local health department or a free clinic organized in whole or primarily for the delivery of those services. One hour of continuing education may be credited for three hours of providing such volunteer services, as documented by the health department or free clinic.
Falsifying the attestation of compliance with continuing education on a renewal form or failure to comply with continuing education requirements may subject a licensee to disciplinary action by the board, consistent with § 54.1-3807 of the Code of Virginia.

C. A licensee who has requested that his license be placed on inactive status is not authorized to perform acts that are considered the practice of veterinary medicine or veterinary technology and, therefore, shall not be required to have continuing education for annual renewal. To reactivate a license, the licensee is required to submit evidence of completion of continuing education hours as required by § 54.1-3805.2 of the Code of Virginia and this section equal to the number of years in which the license has not been active for a maximum of two years.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR645–01–1 § 1.7, eff. June 10, 1987; amended, Virginia Register Volume 6, Issue 26, eff. October 31, 1990; Volume 13, Issue 3, eff. November 27, 1996; Volume 15, Issue 5, eff. December 23, 1998; Volume 19, Issue 9, eff. March 1, 2003; Volume 26, Issue 4, eff. November 25, 2009; Volume 29, Issue 25, eff. September 26, 2013; Volume 32, Issue 23, eff. August 10, 2016; Volume 33, Issue 15, eff. May 5, 2017; Volume 34, Issue 1, eff. October 25, 2017.

18VAC150-20-75 Expired license; reinstatement; practice with an expired or lapsed license not permitted

A. A license may be renewed up to one year after the expiration date, provided a late fee as prescribed in 18VAC150-20-100 is paid in addition to the required renewal fee. A license shall automatically lapse if the licensee fails to renew by the expiration date. The practice of veterinary medicine without a current, active license is unlawful and may subject the licensee to disciplinary action by the board.

B. Reinstatement of licenses expired for more than one year shall be at the discretion of the board. To reinstate a license, the licensee shall pay the reinstatement fee as prescribed in 18VAC150-20-100 and submit evidence of completion of continuing education hours as required by § 54.1-3805.2 of the Code of Virginia and 18VAC150-20-70 equal to the number of years in which the license has been expired, for a maximum of two years. The board may require additional documentation of clinical competency and professional activities.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 5, eff. December 23, 1998; amended, Virginia Register Volume 19, Issue 9, eff. March 1, 2003; Volume 29, Issue 25, eff. September 26, 2013; Volume 30, Issue 5, eff. December 4, 2013; Volume 34, Issue 1, eff. October 25, 2017.

18VAC150-20-80 (Repealed.)

Historical Notes

Derived from VR645-01-1 §§ 1.8 and 1.9, eff. June 10, 1987; amended, Virginia Register Volume 6, Issue 26, eff. October 31, 1990; repealed, Virginia Register Volume 15, Issue 5, eff. December 23, 1998.

18VAC150-20-100 Fees

The following fees shall be in effect:

| Veterinary application for licensure Veterinary application for faculty licensure | $200 $100 | | --- | --- | | Veterinary license renewal (active) | $175 | | Veterinary license renewal (inactive) Veterinary faculty license renewal | $85 $75 | | Veterinary reinstatement of expired license | $255 | | Veterinary license late renewal Veterinary faculty license late renewal | $60 $25 | | Veterinarian reinstatement after disciplinary action Veterinary intern/resident license -- initial or renewal | $450 $25 | | Veterinary technician application for licensure | $65 | | Veterinary technician license renewal | $50 | | Veterinary technician license renewal (inactive) | $25 | | Veterinary technician license late renewal | $20 | | Veterinary technician reinstatement of expired license | $95 | | Veterinary technician reinstatement after disciplinary action | $125 | | Equine dental technician initial registration | $100 | | Equine dental technician registration renewal | $70 | | Equine dental technician late renewal | $25 | | Equine dental technician reinstatement | $120 | | Initial veterinary establishment registration | $300 | | Veterinary establishment renewal | $200 | | Veterinary establishment late renewal | $75 | | Veterinary establishment reinstatement | $75 | | Veterinary establishment reinspection | $300 | | Veterinary establishment -- change of location | $300 | | Veterinary establishment -- change of veterinarian-in-charge | $40 | | Duplicate license | $15 | | Duplicate wall certificate | $25 | | Handling fee for returned check or dishonored credit card or debit card | $50 | | Licensure verification to another jurisdiction | $25 |

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR645-01-1 § 1.10, eff. June 10, 1987; amended, Virginia Register Volume 6, Issue 26, eff. October 31, 1990; Volume 12, Issue 9, eff. February 21, 1996; Volume 15, Issue 5, eff. December 23, 1998; Volume 19, Issue 7, eff. January 15, 2003; Volume 19, Issue 9, eff. March 1, 2003; Volume 21, Issue 26, eff. October 5, 2005; Volume 22, Issue 21, eff. July 26, 2006; Volume 24, Issue 3, eff. November 29, 2007; Volume 30, Issue 5, eff. December 4, 2013; Volume 31, Issue 25, eff. September 9, 2015; Volume 34, Issue 1, eff. October 25, 2017; Volume 34, Issue 18, eff. May 30, 2018; Volume 36, Issue 11, eff. March 5, 2020.

Part II Licensure for Veterinarians and Veterinary Technicians

18VAC150-20-110 Requirements for licensure by examination as a veterinarian

A. The applicant, in order to be licensed by the board to practice veterinary medicine, shall:

Have received a degree in veterinary medicine from a college or school of veterinary medicine accredited by the AVMA, as verified by an official transcript from the applicant's college or school, indicating completion of the veterinary degree. In lieu of a degree from an accredited college or school, an applicant may submit verification that he has fulfilled the requirements of the Educational Commission of Foreign Veterinary Graduates of the AVMA or the Program for the Assessment of Veterinary Education Equivalence of the AAVSB or any other substantially equivalent credentialing body as determined by the board; and
Have passed the North American Veterinary License Examination (since the fall of 2000) or the National Board Examination and the Clinical Competency Test (prior to the fall of 2000) of the ICVA or any other substantially equivalent national examination as approved by the board with a score acceptable to the board.

B. All applicants shall also:

Submit the application fee specified in 18VAC150-20-100 and a complete application on a form obtained from the board;
Provide verification that any license to practice veterinary medicine issued by a board of veterinary medicine in another state or United States jurisdiction is in good standing;
Sign a statement attesting that the applicant has read, understands, and will abide by the statutes and regulations governing the practice of veterinary medicine in Virginia; and
Have committed no acts that would constitute a violation of § 54.1-3807 of the Code of Virginia.

C. If the application for licensure has not been successfully completed within one year from the date of initial submission, a new application and fee shall be required.

History

Statutory Authority: § 54.1-2400 and Chapter 38 (§ 54.1-3800 et seq.) of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from VR645-01-1 § 2.1, eff. June 10, 1987; amended, Virginia Register Volume 6, Issue 26, eff. October 31, 1990; Volume 12, Issue 9, eff. February 21, 1996; Volume 15, Issue 5, eff. December 23, 1998; Volume 19, Issue 9, eff. March 1, 2003; Volume 34, Issue 1, eff. October 25, 2017.

18VAC150-20-115 Requirements for licensure by examination as a veterinary technician

A. The applicant, in order to be licensed by the board as a veterinary technician, shall:

Have received a degree in veterinary technology or veterinary nursing from a college or school accredited by the AVMA or the CVMA or obtained a PAVE certificate.
Have filed with the board the following documents:

a. A complete application on a form obtained from the board;

b. An official copy, indicating a veterinary technology or veterinary nursing degree, of the applicant's college or school transcript or documentation of a PAVE certificate; and

c. Verification that the applicant is in good standing by each board in another state or United States jurisdiction from which the applicant holds a license, certification, or registration to practice veterinary technology or veterinary nursing.

Have passed the Veterinary Technician National Examination approved by the AAVSB or any other board-approved, national board examination for veterinary technology with a score acceptable to the board.
Sign a statement attesting that the applicant has read, understands, and will abide by the statutes and regulations governing the practice of veterinary medicine in Virginia.
Have submitted the application fee specified in 18VAC150-20-100.
Have committed no acts that would constitute a violation of § 54.1-3807 of the Code of Virginia.

B. The application for licensure shall be valid for a period of one year after the date of initial submission, after which time a new application and fee shall be required.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 5, eff. December 23, 1998; amended, Virginia Register Volume 26, Issue 4, eff. November 25, 2009; Volume 34, Issue 1, eff. October 25, 2017; Volume 37, Issue 26, eff. October 1, 2021; Volume 38, Issue 13, eff. April 1, 2022.

18VAC150-20-120 Requirements for licensure by endorsement as a veterinarian

The board may, in its discretion, grant a license by endorsement to an applicant who is licensed to practice veterinary medicine in another jurisdiction of the United States, provided that the applicant:

Holds at least one current, unrestricted license in another jurisdiction of the United States and is not a respondent in any pending or unresolved board action in any jurisdiction;
Provides documentation of having been regularly engaged in clinical practice for at least two of the past four years immediately preceding application;
Provides documentation of completion of at least 30 hours of continuing education requirements during the preceding four years;
Submits the application fee specified in 18VAC150-20-100 and a complete application on a form obtained from the board;
Signs a statement attesting that the applicant has read, understands, and will abide by the statutes and regulations governing the practice of veterinary medicine in Virginia; and
Has committed no acts that would constitute a violation of § 54.1-3807 of the Code of Virginia.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR645-01-1 § 2.2, eff. June 10, 1987; amended, Virginia Register Volume 6, Issue 26, eff. October 31, 1990; Volume 15, Issue 5, eff. December 23, 1998; Volume 19, Issue 9, eff. March 1, 2003; Volume 26, Issue 4, eff. November 25, 2009; Volume 34, Issue 1, eff. October 25, 2017.

18VAC150-20-121 Requirements for licensure by endorsement for veterinary technicians

In its discretion, the board may grant a license by endorsement to an applicant who is licensed, certified, or registered to practice as a veterinary technician or a veterinary nurse in another jurisdiction of the United States, provided that the applicant:

Holds at least one current and unrestricted license, certification, or registration issued by the regulatory entity in another jurisdiction of the United States and that he is not a respondent in any pending or unresolved board action in any jurisdiction;
Provides documentation of having been regularly engaged in clinical practice as a licensed, certified, or registered veterinary technician or veterinary nurse for at least two of the past four years immediately preceding application;
Has received a degree in veterinary technology or veterinary nursing from a college or school accredited by the AVMA or the CVMA or has passed the Veterinary Technician National Examination approved by the AAVSB or any other board-approved national board examination for veterinary technology with a score acceptable to the board;
Provides documentation of completion of at least 16 hours of continuing education requirements during the preceding four years;
Submits the application fee specified in 18VAC150-20-100 and a complete application on a form obtained from the board;
Signs a statement attesting that the applicant has read, understands, and will abide by the statutes and regulations governing the practice of veterinary medicine in Virginia; and
Has committed no acts that would constitute a violation of § 54.1-3807 of the Code of Virginia.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 4, eff. November 25, 2009; amended, Virginia Register Volume 34, Issue 1, eff. October 25, 2017; Volume 37, Issue 26, eff. October 1, 2021.

18VAC150-20-122 Requirements for faculty licensure

A. Upon payment of the fee prescribed in 18VAC150-20-100 and provided that no grounds exist to deny licensure pursuant to § 54.1-3807 of the Code of Virginia, the board may grant a faculty license to engage in the practice of veterinary medicine as part of a veterinary medical education program accredited by the American Veterinary Medical Association Council on Education to an applicant who:

Is qualified for full licensure pursuant to 18VAC150-20-110 or 18VAC150-20-120;
Is a graduate of an accredited veterinary program and has an unrestricted current license or if lapsed, is eligible for reinstatement in another United States jurisdiction; or
Is a graduate of a veterinary program and has advanced training recognized by the American Board of Veterinary Specialties or a specialty training program acceptable to the veterinary medical education program in which he serves on the faculty.

B. The dean of a veterinary medical education program shall provide verification that the applicant is being or has been hired by the program and shall include an assessment of the applicant's clinical competency and clinical experience that qualifies the applicant for a faculty license.

C. The holder of a faculty license shall be entitled to perform all functions that a person licensed to practice veterinary medicine would be entitled to perform as part of his faculty duties, including patient care functions associated with teaching, research, and the delivery of patient care that takes place only within a veterinary establishment or diagnostic and clinical services operated by or affiliated with the veterinary program. A faculty license shall not authorize the holder to practice veterinary medicine in nonaffiliated veterinary establishments or in private practice settings.

D. A faculty license shall expire on December 31 of the second year after its issuance and may be renewed annually without a requirement for continuing education, as specified in 18VAC150-20-70, as long as the accredited program certifies to the licensee's continued employment. When such a license holder ceases serving on the faculty, the license shall be null and void upon termination of employment. The dean of the veterinary medical education program shall notify the board within 30 days of such termination of employment.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 18, eff. May 30, 2018.

18VAC150-20-123 Requirements for an intern/resident license

A. Upon payment of the fee prescribed in 18VAC150-20-100 and provided that no grounds exist to deny licensure pursuant to § 54.1-3807 of the Code of Virginia, the board may issue a temporary license to practice veterinary medicine to an intern or resident. Upon recommendation of the dean or director of graduate education of the veterinary medical education program, such a license may be issued to an applicant who is a graduate of an AVMA-accredited program or who meets requirements of the Educational Commission of Foreign Veterinary Graduates or the Program for the Assessment of Veterinary Education Equivalence of the American Association of Veterinary State Boards, as verified by the veterinary medical education program. The application shall include the beginning and ending dates of the internship or residency.

B. The intern or resident shall be supervised by a fully licensed veterinarian or a veterinarian who holds a faculty license issued by the board. The intern or resident shall only practice within a veterinary establishment or diagnostic and clinical services operated by or affiliated with the veterinary program. A temporary license shall not authorize the holder to practice veterinary medicine in nonaffiliated veterinary establishments or in private practice settings.

C. An intern or resident license shall expire on August 1 of the second year after its issuance and may be renewed upon recommendation by the dean or director of graduate education of the veterinary medical education program.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 18, eff. May 30l, 2018.

18VAC150-20-130 Requirements for practical training in a preceptorship or externship

A. The practical training and employment of qualified students of veterinary medicine or veterinary technology shall be governed and controlled as follows:

A veterinary student who is enrolled and in good standing in a veterinary college or school accredited or approved by the AVMA may be engaged in a preceptorship or externship. A veterinary preceptee or extern may perform duties that constitute the practice of veterinary medicine for which he has received adequate instruction by the college or school and only under the on-premises supervision of a licensed veterinarian.
A veterinary technician student who is enrolled and in good standing in a veterinary technology program accredited or approved by the AVMA may be engaged in a preceptorship or externship. A veterinary technician preceptee or extern may perform duties that constitute the practice of veterinary technology for which he has received adequate instruction by the program and only under the on-premises supervision of a licensed veterinarian or licensed veterinary technician.

B. Whenever a veterinary preceptee or extern is performing surgery on a patient, either assisted or unassisted, the supervising veterinarian shall be in the operatory during the procedure. Prior to allowing a preceptee or extern in veterinary medicine to perform surgery on a patient unassisted by a licensed veterinarian, a licensed veterinarian shall receive written informed consent from the owner.

C. When there is a veterinary preceptee or extern practicing in the establishment, the supervising veterinarian shall disclose such practice to owners. The disclosure shall be by signage clearly visible to the public or by inclusion on an informed consent form.

D. A veterinarian or veterinary technician who supervises a preceptee or extern remains responsible for the care and treatment of the patient.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR645-01-1 § 2.3, eff. June 10, 1987; amended, Virginia Register Volume 6, Issue 26, eff. October 31, 1990; Volume 15, Issue 5, eff. December 23, 1998; Volume 19, Issue 9, eff. March 1, 2003; Volume 26, Issue 4, eff. November 25, 2009; Volume 29, Issue 25, eff. September 26, 2013; Volume 32, Issue 22, eff. July 27, 2016; Volume 34, Issue 1, eff. October 25, 2017.

18VAC150-20-135 Voluntary practice by out-of-state practitioners

Any veterinarian who seeks registration to practice on a voluntary basis under the auspices of a publicly supported all volunteer, nonprofit organization that sponsors the provision of health care to populations of underserved people shall:

File a complete application for registration on a form provided by the board at least five business days prior to engaging in such practice. An incomplete application will not be considered;
Provide a complete record of professional licensure in each state in which he has held a license and a copy of every current license;
Provide the name of the nonprofit organization, the dates and location of the voluntary provision of services;
Pay a registration fee of $10; and
Provide a statement from a representative of the nonprofit organization attesting to its compliance with provisions of subdivision 4 of § 54.1-3801 of the Code of Virginia.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 22, eff. August 13, 2003; amended, Virginia Register Volume 24, Issue 21, eff. July 23, 2008; Volume 34, Issue 1, eff. October 25, 2017.

Part III Unprofessional Conduct

18VAC150-20-140 Unprofessional conduct

Unprofessional conduct as referenced in subdivision 5 of § 54.1-3807 of the Code of Virginia shall include the following:

Representing conflicting interests except by express consent of all concerned given after a full disclosure of the facts. Acceptance of a fee from both the buyer and the seller is prima facie evidence of a conflict of interest.
Practicing veterinary medicine or equine dentistry where an unlicensed person has the authority to control the professional judgment of the licensed veterinarian or the equine dental technician.
Issuing a certificate of health unless he shall know of his own knowledge by actual inspection and appropriate tests of the animals that the animals meet the requirements for the issuance of such certificate on the day issued.
Revealing confidences gained in the course of providing veterinary services to a client, unless required by law or necessary to protect the health, safety, or welfare of other persons or animals.
Advertising in a manner that is false, deceptive, or misleading or that makes subjective claims of superiority.
Violating any state law, federal law, or board regulation pertaining to the practice of veterinary medicine, veterinary technology or equine dentistry.
Practicing veterinary medicine or as an equine dental technician in such a manner as to endanger the health and welfare of his patients or the public, or being unable to practice veterinary medicine or as an equine dental technician with reasonable skill and safety.
Performing surgery on animals in an unregistered veterinary establishment or not in accordance with the establishment registration or with accepted standards of practice.
Refusing the board or its agent the right to inspect an establishment at reasonable hours.
Allowing unlicensed persons to perform acts restricted to the practice of veterinary medicine, veterinary technology, or an equine dental technician including any invasive procedure on a patient or delegation of tasks to persons who are not properly trained or authorized to perform such tasks.
Failing to provide immediate supervision to a licensed veterinary technician or an assistant in his employ.
Refusing to release a copy of a valid prescription upon request from an owner, unless there are medical reasons documented in the patient record and the veterinarian would not dispense the medication from his own practice.
Misrepresenting or falsifying information on an application or renewal form.
Failing to report suspected animal cruelty to the appropriate authorities.
Failing to release a copy of patient records when requested by the owner; a law-enforcement entity; or a federal, state, or local health regulatory agency.
Committing an act constituting fraud, deceit, or misrepresentation in dealing with the board or in the veterinarian-owner-patient relationship, or with the public.
Representing oneself as a "specialist" without meeting the definition set forth in 18VAC150-20-10 or using the words "specialist" or "specialty" in the name of a veterinary establishment unless there is a veterinarian on staff who meets the definition of a "specialist."
Failure to submit evidence of correction resulting from a violation noted in an inspection or reported by another agency within 14 days, unless an extension is granted by the board.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR645-01-1 § 2.4, eff. June 10, 1987; amended, Virginia Register Volume 6, Issue 26, eff. October 31, 1990; Volume 15, Issue 5, eff. December 23, 1998; Volume 19, Issue 9, eff. March 1, 2003; Volume 26, Issue 4, eff. November 25, 2009; Volume 26, Issue 25, eff. September 15, 2010; Volume 29, Issue 6, eff. January 3, 2013; Volume 32, Issue 22, eff. July 27, 2016; Volume 34, Issue 1, eff. October 25, 2017.

18VAC150-20-150 (Repealed.)

Historical Notes

Derived from VR645-01-1 §§ 3.1 to 3.3, eff. June 10, 1987; amended, Virginia Register Volume 6, Issue 26, eff. October 31, 1990; repealed, Virginia Register Volume 15, Issue 5, eff. December 23, 1998.

Part IV Standards of Practice

18VAC150-20-171 Specialty practice in a limited setting

A licensed veterinarian may conduct drug testing at animal shows and events or examine any animal and express a professional judgment as to its health at (i) genetic screening clinics where animals are examined for cardiac, ophthalmic and auditory diseases, (ii) agricultural fairs, (iii) 4-H or other youth organization competitions, (iv) livestock auctions, (v) horse races, (vi) hunt club events, (vii) pet adoption events, or (viii) animal shows including but not limited to dog, cat, and horse shows.

History

Statutory Authority: § 54.1-2400 and Chapter 38 (§ 54.1-3800 et seq.) of Title 54.1 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 9, eff. March 1, 2003.

18VAC150-20-172 Delegation of duties

A. A licensed veterinarian may delegate the administration (including by injection) of Schedule VI drugs to a properly trained assistant under his immediate supervision. The prescribing veterinarian has a specific duty and responsibility to determine that the assistant has had adequate training to safely administer the drug in a manner prescribed.

B. Injections involving chemotherapy drugs, subgingival scaling, intubation, or the placement of intravenous catheters shall not be delegated to an assistant. An assistant shall also not be delegated the induction of sedation or anesthesia by any means. The monitoring of a sedated or anesthetized patient may be delegated to an assistant, provided a veterinarian or licensed veterinary technician remains on premises until the patient is fully recovered.

C. Tasks that may be delegated by a licensed veterinarian to a properly trained assistant include:

Grooming;
Feeding;
Cleaning;
Restraining;
Assisting in radiology;
Setting up diagnostic tests;
Prepping a patient or equipment for surgery;
Dental polishing and scaling of teeth above the gum line (supragingival);
Drawing blood samples; or
Filling of Schedule VI prescriptions under the direction of a veterinarian licensed in Virginia.

D. A licensed veterinarian may delegate duties electronically, verbally, or in writing to appropriate veterinary personnel provided the veterinarian has physically examined the patient within the previous 36 hours.

E. Massage therapy, physical therapy, or laser therapy may be delegated by a veterinarian to persons qualified by training and experience by an order from the veterinarian.

F. The veterinarian remains responsible for the duties being delegated and remains responsible for the health and safety of the animal.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 9, eff. March 1, 2003; amended, Virginia Register Volume 26, Issue 4, eff. November 25, 2009; Volume 29, Issue 6, eff. January 3, 2013; Volume 29, Issue 25, eff. September 26, 2013; Volume 34, Issue 1, eff. October 25, 2017.

18VAC150-20-173 Informed consent for surgery

A. Before surgery is performed, informed consent shall be obtained from the owner and documented in the patient record. Veterinarians shall inform an owner of the risks, benefits, and alternatives of the recommended surgery that a reasonably prudent practitioner in similar practice in Virginia would tell an owner.

B. An exception to the requirement for consent prior to performance of surgery may be made in an emergency situation when a delay in obtaining consent would likely result in imminent harm to the patient.

C. If a veterinary preceptee or extern is to perform the surgery, either assisted or unassisted, the informed consent shall include that information. If the surgery is to be performed by a preceptee or extern unassisted by the veterinarian, the written informed consent shall specifically state that information.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 22, eff. July 27, 2016; amended, Virginia Register Volume 34, Issue 1, eff. October 25, 2017.

18VAC150-20-174 Prescribing of controlled substances for pain or chronic conditions

A. Evaluation of the patient and need for prescribing a controlled substance for pain.

For the purposes of this section, a controlled substance shall be a Schedules II through V drug, as set forth in the Drug Control Act (§ 54.1-3400 et seq. of the Code of Virginia), which contains an opioid, to include tramadol and buprenorphine.
Nonpharmacologic and non-opioid treatment for pain shall be given consideration prior to treatment with opioids. Prior to initiating treatment with a controlled substance, as defined, the prescriber shall perform a history and physical examination appropriate to the complaint and conduct an assessment of the patient's history as part of the initial evaluation.
If a controlled substance is necessary for treatment of pain, the veterinarian shall prescribe it in the lowest effective dose appropriate to the size and species of the animal for the least amount of time. The initial dose shall not exceed a 14-day supply.

B. If the prescribing is within the accepted standard of care, a veterinarian may prescribe a controlled substance containing an opioid for management of pain, terminal illnesses, or certain chronic conditions, such as chronic heart failure, chronic bronchitis, osteoarthritis, collapsing trachea, or related conditions.

For prescribing a controlled substance for management of pain after the initial 14-day prescription, the patient shall be seen and evaluated for the continued need for an opioid. For the prescribing of a controlled substance for terminal illnesses or certain chronic conditions, it is not required to see and reevaluate the patient for prescribing beyond 14 days.
For any prescribing of a controlled substance beyond 14 days, the veterinarian shall develop a treatment plan for the patient, which shall include measures to be used to determine progress in treatment, further diagnostic evaluations or modalities that might be necessary, and the extent to which the pain or condition is associated with impairment.
For continued prescribing of a controlled substance, the patient shall be seen and reevaluated at least every six months, and the justification for such prescribing documented in the patient record.

C. Prior to prescribing or dispensing a controlled substance, the veterinarian shall document a discussion with the owner about the responsibility for the security of the drug and proper disposal of any unused drug.

D. Continuation of treatment with controlled substances shall be supported by documentation of continued benefit from the prescribing. If the patient's progress is unsatisfactory, the veterinarian shall assess the appropriateness of continued use of the current treatment plan and consider the use of other therapeutic modalities.

E. The medical record for prescribing controlled substances shall include signs or presentation of the pain or condition, a presumptive diagnosis for the origin of the pain or condition, an examination appropriate to the complaint, a treatment plan, and the medication prescribed to include the date, type, dosage, and quantity prescribed.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 23, eff. August 8, 2018.

Part V Veterinary Establishments

18VAC150-20-180 Requirements to be registered as a veterinary establishment

A. Every veterinary establishment shall apply for registration on a form provided by the board and submit the application fee specified in 18VAC150-20-100. The board may issue a registration as a stationary or ambulatory establishment. Every veterinary establishment shall have a veterinarian-in-charge registered with the board in order to operate.

Veterinary medicine may only be practiced out of a registered establishment except in emergency situations or in limited specialized practices as provided in 18VAC150-20-171. The injection of a microchip for identification purposes shall only be performed in a veterinary establishment, except personnel of public or private animal shelters may inject animals while in their possession.
An application for registration must be made to the board 45 days in advance of opening or changing the location of the establishment or requesting a change in the establishment category listed on the registration.
Any addition or renovation of a stationary establishment or an ambulatory establishment that involves changes to the structure or composition of a surgery room shall require reinspection by the board and payment of the required fee prior to use.

B. A veterinary establishment will be registered by the board when:

It is inspected by the board and is found to meet the standards set forth by 18VAC150-20-190 and 18VAC150-20-200 or 18VAC150-20-201 where applicable. If, during a new or routine inspection, violations or deficiencies are found necessitating a reinspection, the prescribed reinspection fee will be levied. Failure to pay the fee shall be deemed unprofessional conduct and, until paid, the establishment shall be deemed to be unregistered.
A veterinarian currently licensed by and in good standing with the board is registered with the board in writing as veterinarian-in-charge and ensures that the establishment registration fee has been paid.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR645-01-1 § 4.1, eff. June 10, 1987; amended, Virginia Register Volume 6, Issue 26, eff. October 31, 1990; Volume 12, Issue 9, eff. February 21, 1996; Volume 15, Issue 5, eff. December 23, 1998; Volume 19, Issue 9, eff. March 1, 2003; Volume 26, Issue 4, eff. November 25, 2009; Volume 34, Issue 1, eff. October 25, 2017.

18VAC150-20-181 Requirements for veterinarian-in-charge

A. The veterinarian-in-charge of a veterinary establishment is responsible for:

Regularly being on site as necessary to provide routine oversight to the veterinary establishment for patient safety and compliance with law and regulation.
Maintaining the facility within the standards set forth by this chapter.
Performing the biennial controlled substance inventory and ensuring compliance at the facility with any federal or state law relating to controlled substances as defined in § 54.1-3404 of the Code of Virginia. The performance of the biennial inventory may be delegated to another licensee, provided the veterinarian-in-charge signs the inventory and remains responsible for its content and accuracy.
Notifying the board in writing of the closure of the registered facility 10 days prior to closure.
Notifying the board immediately if no longer acting as the veterinarian-in-charge.
Ensuring the establishment maintains a current and valid registration issued by the board.

B. Upon any change in veterinarian-in-charge, these procedures shall be followed:

The veterinarian-in-charge registered with the board remains responsible for the establishment and the stock of controlled substances until a new veterinarian-in-charge is registered or for five days, whichever occurs sooner.
An application for a new registration, naming the new veterinarian-in-charge, shall be made five days prior to the change of the veterinarian-in-charge. If no prior notice was given by the previous veterinarian-in-charge, an application for a new registration naming a new veterinarian-in-charge shall be filed as soon as possible, but no more than 10 days, after the change.
The previous establishment registration is void on the date of the change of veterinarian-in-charge and shall be returned by the former veterinarian-in-charge to the board five days following the date of change.
Prior to the opening of the business, on the date of the change of veterinarian-in-charge, the new veterinarian-in-charge shall take a complete inventory of all Schedules II through V drugs on hand. He shall date and sign the inventory and maintain it on premises for three years. That inventory may be designated as the official biennial controlled substance inventory.

C. Prior to the sale or closure of a veterinary establishment, the veterinarian-in-charge shall:

Follow the requirements for transfer of patient records to another location in accordance with § 54.1-2405 of the Code of Virginia; and
If there is no transfer of records upon sale or closure of an establishment, the veterinarian-in-charge shall provide to the board information about the location of or access to patient records and the disposition of all scheduled drugs.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 9, eff. March 1, 2003; amended, Virginia Register Volume 26, Issue 4, eff. November 25, 2009; Volume 34, Issue 1, eff. October 25, 2017.

18VAC150-20-185 Renewal of veterinary establishment registrations

A. Every veterinary establishment shall be required to renew the registration by January 1 of each year and pay to the board a registration fee as prescribed in 18VAC150-20-100.

B. Failure to renew the establishment registration by January 1 of each year shall cause the registration to expire and become invalid. Practicing veterinary medicine in an establishment with an expired registration may subject a licensee or registration holder to disciplinary action by the board. The registration may be renewed without reinspection within 30 days of expiration, provided the board receives a properly executed renewal application, renewal fee, and a late fee as prescribed in 18VAC150-20-100.

C. Reinstatement of an expired registration after 30 days shall be at the discretion of the board and contingent upon a properly executed reinstatement application and payment of the late fee, the reinspection fee, the renewal fee and the veterinary establishment registration reinstatement fee. A reinspection is required when an establishment is reinstated.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 5, eff. December 23, 1998; amended, Virginia Register Volume 19, Issue 9, eff. March 1, 2003; Volume 34, Issue 1, eff. October 25, 2017; Volume 34, Issue 25, eff. September 20, 2018.

18VAC150-20-190 Requirements for drug storage, dispensing, destruction, and records for all establishments

A. All drugs shall be maintained, administered, dispensed, prescribed, and destroyed in compliance with state and federal laws, which include § 54.1-3303 of the Code of Virginia, the Drug Control Act (§ 54.1-3400 et seq. of the Code of Virginia), applicable parts of the federal Food, Drug, and Cosmetic Control Act (21 USC § 301 et seq.), the Prescription Drug Marketing Act (21 USC § 301 et seq.), and the Controlled Substances Act (21 USC § 801 et seq.), as well as applicable portions of Title 21 of the Code of Federal Regulations.

B. All repackaged tablets and capsules dispensed for companion animals shall be in approved safety closure containers, except safety caps shall not be required when any person who requests that the medication not have a safety cap or in such cases in which the medication is of such form or size that it cannot be reasonably dispensed in such containers (e.g., topical medications, ophthalmic, or otic). An owner request for nonsafety packaging shall be documented in the patient record.

C. All drugs dispensed for companion animals shall be labeled with the following:

Name and address of the facility;
First and last name of owner;
Animal identification and species;
Date dispensed;
Directions for use;
Name, strength (if more than one dosage form exists), and quantity of the drug; and
Name of the prescribing veterinarian.

D. All veterinary establishments shall maintain drugs in a secure manner with precaution taken to prevent theft or diversion. Only the veterinarian, veterinary technician, pharmacist, or pharmacy technician shall have access to Schedules II through V drugs, with the exception provided in subdivision 6 of this subsection.

In a stationary establishment, the general stock of Schedules II through V drugs shall be stored in a securely locked cabinet or safe that is not easily movable.
The establishment may also have a working stock of Schedules II through V drugs that shall be kept in (i) a securely locked container, cabinet, or safe when not in use or (ii) direct possession of a veterinarian or veterinary technician. A working stock shall consist of only those drugs that are necessary for use during a normal business day or 24 hours, whichever is less.
Whenever the establishment is closed, all general and working stock of Schedules II through V drugs and any dispensed prescriptions that were not delivered during normal business hours shall be securely stored as required for the general stock.
Prescriptions that have been dispensed and prepared for delivery shall be maintained under lock or in an area that is not readily accessible to the public and may be delivered to an owner by an unlicensed person, as designated by the veterinarian.
Whenever a theft or any unusual loss of Schedules II through V drugs is discovered, the veterinarian-in-charge, or in his absence, his designee, shall immediately report such theft or loss to the Board of Veterinary Medicine and the Board of Pharmacy and to the DEA. The report to the boards shall be in writing and sent electronically or by regular mail. The report to the DEA shall be in accordance with 21 CFR 1301.76(b). If the veterinarian-in-charge is unable to determine the exact kind and quantity of the drug loss, he shall immediately take a complete inventory of all Schedules II through V drugs.
Access to drugs by unlicensed persons shall be allowed only under the following conditions:

a. An animal is being kept at the establishment outside of the normal hours of operation, and a licensed practitioner is not present in the facility;

b. The drugs are limited to those dispensed to a specific patient; and

c. The drugs are maintained separately from the establishment's general drug stock and kept in such a manner so they are not readily available to the public.

E. Schedules II through V drugs shall be destroyed by (i) transferring the drugs to another entity authorized to possess or provide for proper disposal of such drugs or (ii) destroying the drugs in compliance with applicable local, state, and federal laws and regulations. If Schedules II through V drugs are to be destroyed, a DEA drug destruction form shall be fully completed and used as the record of all drugs to be destroyed. A copy of the destruction form shall be retained at the veterinarian practice site with other inventory records.

F. The drug storage area shall have appropriate provision for temperature control for all drugs and biologics. If drugs requiring refrigeration are maintained at the facility, the drugs shall be kept in a refrigerator with the interior thermometer maintained between 36°F and 46°F. If a refrigerated drug is in Schedules II through V, the drug shall be kept in a locked container secured to the refrigerator, or the refrigerator shall be locked. Drugs stored at room temperature shall be maintained between 59°F and 86°F.

G. The stock of drugs shall be reviewed frequently, and expired drugs shall be removed from the working stock of drugs at the expiration date and shall not be administered or dispensed.

H. A distribution record shall be maintained in addition to the patient's record, in chronological order, for the administration and dispensing of all Schedules II through V drugs.

This record is to be maintained for a period of three years from the date of transaction. This distribution record shall include the following:

Date of transaction;
Drug name, strength, and the amount dispensed, administered, and wasted;
Owner and animal identification; and
Identification of the veterinarian authorizing the administration or dispensing of the drug.

I. Original invoices for all Schedules II through V drugs received shall be maintained in chronological order on the premises where the stock of drugs is held, and the actual date of receipt shall be noted. All drug records shall be maintained for a period of three years from the date of transaction.

J. A complete and accurate inventory of all Schedules II through V drugs shall be taken, dated, and signed on any date that is within two years of the previous biennial inventory. Drug strength must be specified. This inventory shall indicate if it was made at the opening or closing of business and shall be maintained on the premises where the drugs are held for three years from the date of taking the inventory.

K. Inventories and records, including original invoices, of Schedule II drugs shall be maintained separately from all other records, and the establishment shall maintain a continuous inventory of all Schedule II drugs received, administered, or dispensed, with reconciliation at least monthly. Reconciliation requires an explanation noted on the inventory for any difference between the actual physical count and the theoretical count indicated by the distribution record. A continuous inventory shall accurately indicate the physical count of each Schedule II drug in the general and working stocks at the time of performing the inventory.

L. Veterinary establishments shall (i) maintain records of the dispensing of feline buprenorphine and canine butorphanol, (ii) reconcile such records monthly, and (iii) make such records available for inspection upon request.

M. Veterinary establishments in which bulk reconstitution of injectable, bulk compounding, or the prepackaging of drugs is performed shall maintain adequate control records for a period of one year or until the expiration, whichever is greater. The records shall show the name of the drugs used; strength, if any; date repackaged; quantity prepared; initials of the veterinarian verifying the process; the assigned lot or control number; the manufacturer's or distributor's name and lot or control number; and an expiration date.

N. If a limited stationary or ambulatory practice uses the facilities of another veterinary establishment, the drug distribution log shall clearly reveal whose Schedules II through V drugs were used. If the establishment's drug stock is used, the distribution record shall show that the procedure was performed by a visiting veterinarian who has the patient record. If the visiting veterinarian uses his own stock of drugs, he shall make entries in his own distribution record and in the patient record and shall leave a copy of the patient record at the other establishment.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3804 of the Code of Virginia.
Historical Notes: Derived from VR645-01-1 § 4.2, eff. June 10, 1987; amended, Virginia Register Volume 6, Issue 26, eff. October 31, 1990; Volume 12, Issue 9, eff. February 21, 1996; Volume 15, Issue 5, eff. December 23, 1998; Errata, 15:9 VA.R. 1276 January 18, 1999; amended, Virginia Register Volume 19, Issue 9, eff. March 1, 2003; Volume 26, Issue 4, eff. November 25, 2009; Volume 28, Issue 5, eff. December 22, 2011; Volume 34, Issue 1, eff. October 25, 2017; Volume 35, Issue 26, eff. September 18, 2019.

18VAC150-20-195 Recordkeeping

A. A legible, daily record of each patient treated shall be maintained by the veterinarian at the registered veterinary establishment and shall include at a minimum:

Name of the patient and the owner;
Identification of the treating veterinarian and of the person making the entry (Initials may be used if a master list that identifies the initials is maintained.);
Presenting complaint or reason for contact;
Date of contact;
Physical examination findings;
Tests and diagnostics performed and results;
Procedures performed, treatment given, and results;
Drugs administered, dispensed, or prescribed, including quantity, strength and dosage, and route of administration. For vaccines, identification of the lot and manufacturer shall be maintained;
Radiographs or digital images clearly labeled with identification of the establishment, the patient name, date taken, and anatomic specificity. If an original radiograph or digital image is transferred to another establishment or released to the owner, a record of this transfer or release shall be maintained on or with the patient's records; and
Any specific instructions for discharge or referrals to other practitioners.

B. An individual record shall be maintained on each patient, except that records for economic animals or litters of companion animals under the age of four months may be maintained on a per owner basis. Patient records, including radiographs or digital images, shall be kept for a period of three years following the last office visit or discharge of such animal from a veterinary establishment.

C. An initial rabies certification for an animal receiving a primary rabies vaccination shall clearly display the following information: "An animal is not considered immunized for at least 28 days after the initial or primary vaccination is administered."

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 5, eff. December 23, 1998; amended, Virginia Register Volume 19, Issue 9, eff. March 1, 2003; Volume 21, Issue 23, eff. October 8, 2005; Volume 26, Issue 4, eff. November 25, 2009; Volume 34, Issue 1, eff. October 25, 2017.

18VAC150-20-200 Standards for stationary veterinary establishments

A. Stationary establishments. A stationary establishment shall provide surgery and encompass all aspects of health care for small or large animals, or both. All stationary establishments shall meet the requirements set forth in this subsection:

Buildings and grounds must be maintained to provide sanitary facilities for the care and medical well-being of patients.

a. Temperature, ventilation, and lighting must be consistent with the medical well-being of the patients.

b. There shall be on-premises:

(1) Hot and cold running water of drinking quality, as defined by the Virginia Department of Health;

(2) An acceptable method of disposal of deceased animals, in accordance with any local ordinance or state and federal regulations; and

(3) Refrigeration exclusively for carcasses of companion animals that require storage for 24 hours or more.

c. Sanitary toilet and lavatory shall be available for personnel and owners.

Areas within building. The areas within the facility shall include the following:

a. A reception area separate from other designated rooms;

b. Examination room or rooms containing a table or tables with nonporous surfaces;

c. A room that is reserved only for surgery and used for no other purpose. In order that surgery can be performed in a manner compatible with current veterinary medical practice with regard to anesthesia, asepsis, life support, and monitoring procedures, the surgery room shall:

(1) Have walls constructed of nonporous material and extending from the floor to the ceiling;

(2) Be of a size adequate to accommodate a surgical table, anesthesia support equipment, surgical supplies, and all personnel necessary for safe performance of the surgery;

(3) Be kept so that storage in the surgery room shall be limited to items and equipment normally related to surgery and surgical procedures;

(4) Have a surgical table made of nonporous material;

(5) Have surgical supplies, instruments, and equipment commensurate with the kind of services provided;

(6) Have surgical and automatic emergency lighting to facilitate performance of procedures; and

(7) For establishments that perform surgery on small animals, have a door to close off the surgery room from other areas of the practice.

The veterinary establishment shall have, at a minimum, proof of use of either in-house laboratory service or outside laboratory services for performing lab tests, consistent with appropriate professional care for the species being treated.
For housing animals, the establishment shall provide:

a. An animal identification system at all times when housing an animal;

b. Accommodations of appropriate size and construction to prevent residual contamination or injury;

c. Accommodations allowing for the effective separation of contagious and noncontagious patients; and

d. Exercise areas that provide and allow effective separation of animals or walking the animals at medically appropriate intervals.

A veterinary establishment shall either have radiology service in-house or documentation of outside services for obtaining diagnostic-quality radiographs. If radiology is in-house, the establishment shall:

a. Document that radiographic equipment complies with Part VI (12VAC5-481-1581 et seq.), Use of Diagnostic X-Rays in the Healing Arts, of the Virginia Radiation Protection Regulations of the Virginia Department of Health, which requirements are adopted by this board and incorporated herewith by reference in this chapter.

b. Maintain and utilize lead aprons and gloves and individual radiation exposure badges for each employee exposed to radiographs.

Minimum equipment in the establishment shall include:

a. An appropriate method of sterilizing instruments;

b. Internal and external sterilization monitors;

c. Stethoscope;

d. Equipment for delivery of assisted ventilation appropriate to the species being treated, including endotracheal tubes;

e. Adequate means of determining patient's weight; and

f. Storage for records.

B. Additional requirements for stationary establishments.

A stationary establishment that is open to the public 24 hours a day shall have licensed personnel on premises at all times and shall be equipped to handle emergency critical care and hospitalization. The establishment shall have radiology/imaging and laboratory services available on site.
A stationary establishment that is not open to the public 24 hours a day shall have licensed personnel available during its advertised hours of operation and shall disclose to the public that the establishment does not have continuous staffing in compliance with § 54.1-3806.1 of the Code of Virginia.
All stationary establishments shall provide for continuity of care when a patient is transferred to another establishment.

C. Limited stationary establishments. When the scope of practice is less than full service, a specifically limited establishment registration shall be required. Upon submission of a completed application, satisfactory inspection, and payment of the veterinary establishment registration fee, a limited establishment registration may be issued. Such establishments shall have posted in a conspicuous manner the specific limitations on the scope of practice on a form provided by the board.

D. A separate establishment registration is required for separate practices that share the same location.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR645-01-1 § 4.3, eff. June 10, 1987; amended, Virginia Register Volume 6, Issue 26, eff. October 31, 1990; Volume 12, Issue 9, eff. February 21, 1996; Volume 15, Issue 5, eff. December 23, 1998; Errata, 15:9 VA.R. 1276 January 18, 1999; amended, Virginia Register Volume 19, Issue 9, eff. March 1, 2003; Volume 26, Issue 4, eff. November 25, 2009; Volume 29, Issue 14, eff. April 10, 2013; Volume 34, Issue 1, eff. October 25, 2017.

18VAC150-20-201 Standards for ambulatory veterinary establishments

A. Agricultural or equine ambulatory practice. An agricultural or equine ambulatory establishment is a mobile practice in which health care is performed at the location of the animal. Surgery on large animals may be performed as part of an agricultural or equine ambulatory practice provided the establishment has surgical supplies, instruments, and equipment commensurate with the kind of surgical procedures performed. All agricultural or equine ambulatory establishments shall meet the requirements of a stationary establishment for laboratory, radiology, and minimum equipment, with the exception of equipment for assisted ventilation.

B. House call or proceduralist establishment. A house call or proceduralist establishment is an ambulatory practice in which health care of small animals is performed at the residence of the owner of the small animal or another establishment registered by the board. A veterinarian who has established a veterinarian-owner-patient relationship with an animal at the owner's residence or at another registered veterinary establishment may also provide care for that animal at the location of the patient.

Surgery may be performed only in a surgical suite at a registered establishment that has passed inspection. However, surgery requiring only local anesthetics may be performed at a location other than in a surgical suite.
House call or proceduralist establishments shall meet the requirements of a stationary establishment for laboratory, radiology, and minimum equipment, with the exception of equipment for assisted ventilation.

C. Mobile service establishment. A mobile service establishment is a veterinary clinic or hospital that can be moved from one location to another and from which veterinary services are provided. A mobile service establishment shall meet all the requirements of a stationary establishment appropriate for the services provided.

D. A separate establishment registration is required for separate practices that share the same location.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 1, eff. October 25, 2017.

18VAC150-20-205 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 15, Issue 5, eff. December 23, 1998; repealed, Virginia Register Volume 19, Issue 9 eff. March 1, 2003.

18VAC150-20-210 Revocation or suspension of a veterinary establishment registration

The board may revoke or suspend or take other disciplinary action deemed appropriate against the registration of a veterinary establishment if it finds the establishment to be in violation of any provision of laws or regulations governing veterinary medicine or if:

The board or its agents are denied access to the establishment to conduct an inspection or investigation;
The holder of a registration does not pay any and all prescribed fees or monetary penalties;
The establishment is performing procedures beyond the scope of a limited stationary establishment registration; or
The establishment has no veterinarian-in-charge registered with the board.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from VR645-01-1 § 4.4, eff. June 10, 1987; amended, Virginia Register Volume 6, Issue 26, eff. October 31, 1990; Volume 12, Issue 9, eff. February 21, 1996; Volume 15, Issue 5, eff. December 23, 1998; Volume 19, Issue 9, eff. March 1, 2003; Volume 26, Issue 4, eff. November 25, 2009; Volume 34, Issue 1, eff. October 25, 2017.

Part VI Equine Dental Technicians

18VAC150-20-220 Requirements for registration as an equine dental technician

A. A person applying for registration as an equine dental technician shall provide a recommendation from at least two veterinarians licensed in Virginia who attest that at least 50% of their practice is equine, and that they have observed the applicant within the past five years immediately preceding the attestation and can attest to his competency to be registered as an equine dental technician.

B. The qualifications for registration shall include documentation of one of the following:

Current certification from the International Association of Equine Dentistry;
Completion of a board-approved certification program or training program;
Completion of a veterinary technician program that includes equine dentistry in the curriculum; or
Evidence of equine dental practice for at least five years and proof of 16 hours of continuing education in equine dentistry completed within the five years immediately preceding application for registration.

C. In order to maintain an equine dental technician registration, a person shall renew such registration by January 1 of each year by payment of the renewal fee specified in 18VAC150-20-100 and attestation of obtaining 16 hours of continuing education relating to equine dentistry within the past three years.

Equine dental technicians shall be required to maintain original documents verifying the date and subject of the continuing education program or course, the number of continuing education hours, and certification of completion from a sponsor. Original documents shall be maintained for a period of two years following renewal. The board shall periodically conduct a random audit to determine compliance. Practitioners selected for the audit shall provide all supporting documentation within 14 days of receiving notification of the audit, unless granted an extension by the board.

a. The board may grant an exemption for all or part of the continuing education requirements due to circumstances beyond the control of the technician, such as temporary disability, mandatory military service, or officially declared disasters.

b. The board may grant an extension for good cause of up to one year for the completion of continuing education requirements upon written request from the technician prior to the renewal date. Such an extension shall not relieve the technician of the continuing education requirement.

Registration may be renewed up to one year after the expiration date, provided a late fee as prescribed in 18VAC150-20-100 is paid in addition to the required renewal fee.
Reinstatement of registration expired for more than one year shall be at the discretion of the board. To reinstate a registration, the applicant shall pay the reinstatement fee as prescribed in 18VAC150-20-100 and submit evidence of completion of continuing education hours equal to the number of years in which the registration has been expired, for a maximum of two years. The board may require additional documentation of clinical competency and professional activities.

History

Statutory Authority: § 54.1-2400 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 3, eff. November 29, 2007; amended, Virginia Register Volume 29, Issue 25, eff. September 26, 2013; Volume 34, Issue 1, eff. October 25, 2017.

18VAC150-20-230 Application requirements for registration as an equine dental technician

In addition to the evidence of qualification required in 18VAC150-20-220, an applicant for registration shall provide:

Submission of a completed application and the applicable fee as specified in 18VAC150-20-100; and
Submission of satisfactory evidence of good moral character as specified in an application provided by the board.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3813 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 3, eff. November 29, 2007.

18VAC150-20-240 Standards of practice for equine dental technicians

A. The practice of an equine dental technician may include the performance of routine dental maintenance with nonmotorized hand tools but shall not include cutting or chipping teeth or extraction of rooted teeth.

B. The planing or leveling of equine teeth using motorized tools or the extraction of wolf teeth premolars shall be performed in accordance with § 54.1-3813 C 2 of the Code of Virginia.

C. A record of each individual patient treated shall be maintained by the equine dental technician and shall include all relevant procedures performed. Client records shall be kept for a period of three years following the last visit and shall be available for inspection.

History

Statutory Authority: §§ 54.1-2400 and 54.1-3813 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 3, eff. November 29, 2007.

Agency 155 Board For Waste Management Facility Operators

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

18VAC155-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Board for Waste Management Facility Operators. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC155-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Board for Waste Management Facility Operators, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Part II Notification of Interested Persons

18VAC155-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC155-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 18VAC155-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Part III Public Participation Procedures

18VAC155-11-50 Public comment

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008; amended, Virginia Register Volume 35, Issue 9, eff. February 7, 2019.

18VAC155-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC155-11-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC155-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC155-11-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC155-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

18VAC155-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Chapter 20 Waste Management Facility Operators Regulations

Part I General

18VAC155-20-10 Definitions

The following words and terms when used in this chapter have the following meanings unless the context clearly indicates otherwise:

"Board" means the Board for Waste Management Facility Operators.

"Class I license" means the authorization from the board to act as a waste management facility operator of a transfer station, a material recovery facility, an experimental facility, a composting facility, a centralized waste treatment facility, a surface impoundment or lagoon, a waste pile, a remediation waste management unit, or a miscellaneous unit.

"Class II license" means the authorization from the board to act as a waste management facility operator of a sanitary landfill, an industrial landfill, or a construction/demolition/debris (CDD) landfill.

"Class III license" means the authorization from the board to act as a waste management facility operator of a regulated medical waste management facility.

"Class IV license" means the authorization from the board to act as a waste management facility operator of a municipal waste combustion unit, a waste-to-energy facility, or an incineration facility.

"Contact hour" means 50 minutes of participation in a group program or 60 minutes of completion time for a project.

"Department" means the Department of Professional and Occupational Regulation.

"Municipal solid waste" means that waste that is defined as "municipal solid waste" in 9VAC20-81-10.

"Operation" means any waste management facility that is under construction, treating, processing, storing, or disposing of solid waste, or in the act of securing a facility for closure as defined in 9VAC20-81-10.

"Solid waste" means any of those materials defined as solid waste in 9VAC20-81-95.

History

Statutory Authority: §§ 54.1-201 and 54.1-2211 of the Code of Virginia.
Historical Notes: Derived from VR674-01-02 § 1.1, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; Volume 16, Issue 14, eff. May 1, 2000; Volume 22, Issue 26, eff. November 1, 2006; Volume 32, Issue 22, eff. August 1, 2016; Volume 33, Issue 9, eff. February 1, 2017; Volume 41, Issue 15, eff. July 1, 2025.

18VAC155-20-20 (Repealed.)

History

Historical Notes: Derived from VR674-01-02 § 1.2, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; Volume 16, Issue 14, eff. May 1, 2000; repealed, Virginia Register Volume 32, Issue 22, eff. August 1, 2016.

18VAC155-20-30 (Repealed.)

History

Historical Notes: Derived from VR 674-01-02 § 1.3, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; Volume 16, Issue 14, eff. May 1, 2000; repealed, Virginia Register Volume 32, Issue 22, eff. August 1, 2016.

18VAC155-20-40 Fees

A. All fees are nonrefundable and will not be prorated.

B. An application is not complete and will not be processed without the required fee.

The application fee for licensure is $85.
The fee for renewal of licensure is $60.
The fee for late renewal of licensure is $100.
The fee for reinstatement of licensure is $200.
The examination fee is charged to the applicant by an outside vendor competitively negotiated and contracted for in compliance with the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia). Fees may be adjusted and charged to the applicant in accordance with this contract.

C. Receipt and deposit of fees submitted with applications do not indicate licensure.

History

Statutory Authority: §§ 54.1-201 and 54.1-2211 of the Code of Virginia.
Historical Notes: Derived from VR 674-01-02 § 1.4, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; Volume 13, Issue 4, eff. December 11, 1996; Volume 15, Issue 13, eff. May 1, 1999; Volume 16, Issue 14, eff. May 1, 2000; Volume 27, Issue 11, eff. April 1, 2011; Volume 32, Issue 22, eff. August 1, 2016; Volume 41, Issue 15, eff. July 1, 2025; Volume 41, Issue 23, eff. August 1, 2025.

18VAC155-20-50 Change of status

A. Each licensee must provide written notification of any change of address to the department within 30 days.

B. Each licensee must provide written notification and proof of any change of name to the department within 30 days.

C. The license issued by the board will not be transferred or otherwise reassigned.

History

Statutory Authority: § 54.1-2211 of the Code of Virginia.
Historical Notes: Derived from VR 674-01-02 § 1.5, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; Volume 16, Issue 14, eff. May 1, 2000; Volume 41, Issue 15, eff. July 1, 2025.

18VAC155-20-60 (Repealed.)

Historical Notes

Derived from VR 674-01-02 §§ 2.1 to 3.1, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; repealed, Virginia Register Volume 16, Issue 14, eff. May 1, 2000.

Part II Licensure

18VAC155-20-100 (Repealed.)

History

Historical Notes: Derived from VR 674-01-02 § 4.1, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; Volume 16, Issue 14, eff. May 1, 2000; repealed, Virginia Register Volume 32, Issue 22, eff. August 1, 2016.

18VAC155-20-110 License classification

A. The applicant must apply for at least one classification of license as outlined in this subsection:

An individual operating a facility regulated under Solid Waste Management Regulations (9VAC20-81), as a transfer station, a materials recovery facility, an experimental facility, a composting facility, a centralized waste treatment facility, a surface impoundment or lagoon, a waste pile, a remediation waste management unit, or a miscellaneous unit must hold a Class I license. An individual who has obtained a Class II, III, or IV license may also operate a facility listed under Class I.
An individual operating a facility that is defined in 9VAC20-81-10 as a sanitary landfill, industrial waste landfill, or construction/demolition/debris (CDD) landfill must hold a Class II license.
An individual operating a facility regulated under Regulated Medical Waste Management Regulations (9VAC20-121) must hold a Class III license.
An individual operating a facility defined in 9VAC5-40-6560 as a municipal waste combustion unit or a facility regulated under 9VAC20-81 as a waste-to-energy facility or incineration facility must hold a Class IV license.

B. A licensee may not operate a facility outside of the licensee's classification other than that defined by subdivision A 1 of this section.

History

Statutory Authority: §§ 54.1-201 and 54.1-2211 of the Code of Virginia.
Historical Notes: Derived from VR 674-01-02 § 4.2, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; Volume 16, Issue 14, eff. May 1, 2000; Volume 22, Issue 26, eff. November 1, 2006; Volume 32, Issue 22, eff. August 1, 2016; Volume 33, Issue 9, eff. February 1, 2017; Volume 41, Issue 15, eff. July 1, 2025.

18VAC155-20-120 Qualifications for licensure

A. Every applicant to the Board for Waste Management Facility Operators for licensure must meet the requirements and have the qualifications provided in this subsection.

The applicant must be at least 18 years of age.
Unless otherwise exempt, the applicant must have successfully completed a basic training course approved by the board. Additionally, an applicant for a Class II, III, or IV license must complete a training course approved by the board specific to the license for which the individual applies.
Unless exempt, the applicant must have passed the applicable examination provided by the board or by a testing organization acting on behalf of the board.
Each applicant must document a minimum of six months of verified operational experience with a waste management facility of the same class for which the individual applies. Experience claimed on the application for licensure must be verified by the individual's supervisor or personnel officer. Individuals who are under contract with a facility owner may obtain a letter from the facility owner to verify experience.
Applicants certified or licensed as waste management facility operators by governing bodies outside of the Commonwealth of Virginia are considered to be in compliance with this chapter if the board or the board's designee has determined the certifying system to be substantially equivalent to the Virginia system.
In accordance with § 54.1-204 of the Code of Virginia, each applicant must disclose a conviction in any jurisdiction of any non-marijuana misdemeanor within the last three years or felony within the last 10 years. The board, at its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.
The applicant must report suspensions, revocations, or surrender of a certificate or license in connection with a disciplinary action. The applicant must report if a license has been the subject of discipline in any jurisdiction prior to applying for licensure in Virginia. The board, at its discretion, may deny licensure to any applicant based on prior suspensions, revocations, or surrender of certifications or licenses based on disciplinary action by any jurisdiction.

B. The board may make further inquiries and investigations with respect to the qualifications of the applicant.

History

Statutory Authority: §§ 54.1-201 and 54.1-2211 of the Code of Virginia.
Historical Notes: Derived from VR 674-01-02 § 4.3, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; Volume 16, Issue 14, eff. May 1, 2000; Volume 22, Issue 26, eff. November 1, 2006; Volume 32, Issue 22, eff. August 1, 2016; Volume 38, Issue 5, eff. December 1, 2021; Volume 41, Issue 15, eff. July 1, 2025.

18VAC155-20-130 Application procedures

Application must be made on forms supplied by the department, and application forms must be completed in accordance with the instructions on the forms. Failure to provide a complete application and all applicable addenda may result in a denial of the application.

History

Statutory Authority: §§ 54.1-201 and 54.1-2211 of the Code of Virginia.
Historical Notes: Derived from VR 674-01-02 § 4.4, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; Volume 16, Issue 14, eff. May 1, 2000; Volume 32, Issue 22, eff. August 1, 2016; Volume 41, Issue 15, eff. July 1, 2025.

18VAC155-20-140 Examinations

A. Applicants will be approved to sit for the examination for licensure once all training and experience requirements have been satisfied and documentation pertaining to all other qualifications has been received by the board.

B. An applicant must follow all rules established by the board or by the testing service acting on behalf of the board with regard to the conduct at the examination site. Such rules include any written instructions communicated prior to the examination date and any instructions given at the site on the date of the exam.

History

Statutory Authority: §§ 54.1-201 and 54.1-2211 of the Code of Virginia.
Historical Notes: Derived from VR 674-01-02 § 4.5, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; Volume 16, Issue 14, eff. May 1, 2000; Volume 27, Issue 11, eff. April 1, 2011; Volume 32, Issue 22, eff. August 1, 2016; Volume 41, Issue 15, eff. July 1, 2025.

18VAC155-20-150 (Repealed.)

History

Historical Notes: Derived from VR 674-01-02 § 4.6, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; Volume 16, Issue 14, eff. May 1, 2000; repealed, Virginia Register Volume 32, Issue 22, eff. August 1, 2016.

Part III Renewal of License

18VAC155-20-160 Procedures for renewal

A. Licenses issued under this chapter expire two years from the last day of the month in which the license was issued as indicated on the license.

B. The board will send a renewal notice to the licensee at the address on file with the board outlining the fee and procedures for license renewal. Failure to receive notice from the department does not relieve the licensee from the requirement to renew the license.

C. The date the required fee is received by the department or the department's agent will be used to determine whether a penalty fee or the requirement for reinstatement of a license is applicable.

D. As a condition of renewal or reinstatement, all individuals holding a license must satisfactorily complete six hours of continuing education from a provider approved by the board in accordance with the provisions of this chapter, except that no continuing education is required for the first renewal after the issuance of the initial license to an individual.

History

Statutory Authority: §§ 54.1-201 and 54.1-2211 of the Code of Virginia.
Historical Notes: Derived from VR 674-01-02 § 5.1, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; Volume 16, Issue 14, eff. May 1, 2000; Volume 22, Issue 26, eff. November 1, 2006; Volume 32, Issue 22, eff. August 1, 2016; Volume 41, Issue 15, eff. July 1, 2025.

18VAC155-20-170 (Repealed.)

Historical Notes

Derived from VR 674-01-02 § 5.2, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; repealed, Virginia Register Volume 16, Issue 14, eff. May 1, 2000.

18VAC155-20-175 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 16, Issue 14, eff. May 1, 2000; repealed, Virginia Register Volume 32, Issue 22, eff. August 1, 2016.

18VAC155-20-180 Late renewal

If the renewal fee, as provided for in 18VAC155-20-40 B 2, is not received by the department within 30 days after the expiration date noted on the license, the late renewal fee provided for in 18VAC155-20-40 B 3 is required.

History

Statutory Authority: § 54.1-2211 of the Code of Virginia.
Historical Notes: Derived from VR 674-01-02 § 5.3, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; Volume 16, Issue 14, eff. May 1, 2000; Volume 41, Issue 15, eff. July 1, 2025.

18VAC155-20-190 Reinstatements

If the licensee fails to renew the license within six months following the expiration date, the licensee will be required to apply for reinstatement of the license. The application fee for reinstatement of a license will be the amount provided for in 18VAC155-20-40 B 4. An individual who has not been reinstated within two years after expiration of the license must reapply as a new applicant. The new applicant must provide evidence of satisfactory completion of the training course required by this chapter and pass the examination as determined by the board.

History

Statutory Authority: § 54.1-2211 of the Code of Virginia.
Historical Notes: Derived from VR 674-01-02 § 5.4, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; Volume 16, Issue 14, eff. May 1, 2000; Volume 41, Issue 15, eff. July 1, 2025.

18VAC155-20-200 Board discretion to deny renewal or reinstatement

The board may deny renewal or reinstatement of a license for the same reasons as it may refuse an initial license or discipline a licensee.

History

Statutory Authority: § 54.1-2211 of the Code of Virginia.
Historical Notes: Derived from VR 674-01-02 § 5.5, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; Volume 16, Issue 14, eff. May 1, 2000.

18VAC155-20-210 Status of licensure during the period prior to reinstatement

A. Reinstated licenses are regarded as having been continuously licensed without interruption. Therefore, the holder of the reinstated license will remain under the disciplinary authority of the board during this entire period and may be held accountable for any activities during this period.

B. Licenses that are not renewed or reinstated are regarded as expired from the date of the expiration forward.

C. Nothing in this chapter divests the board of its authority to take disciplinary action for a violation of the law or regulations during the period of time for which an individual was licensed.

History

Statutory Authority: § 54.1-2211 of the Code of Virginia.
Historical Notes: Derived from VR 674-01-02 § 5.6, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; Volume 16, Issue 14, eff. May 1, 2000; Volume 41, Issue 15, eff. July 1, 2025.

Part IV Training Requirements

18VAC155-20-220 Education courses

A. All training and continuing education courses must be completed through accredited colleges, universities, junior and community colleges, Virginia Apprenticeship Council programs, proprietary schools approved by the Virginia Department of Education, or other programs approved by the board.

B. All courses for which credit for pre-license education is sought must be related to the operation of the class of waste management facility for which the course is being offered and must be approved by the board.

C. All courses for which credit for continuing education is sought must be related to the operation of the class of waste management facility for which the course is being offered and may be reviewed by the board.

D. Each provider of a pre-license education course or person submitting a course for continuing education credit must submit an application for approval on a form provided by the board. The application must include:

The name of the provider;
Provider contact person, address, and contact information;
Course contact hours;
Schedule of courses, if established, including dates, times, and locations;
Course syllabus; and
Instructor information, including name, license number if applicable, education and training background, and a list of other appropriate trade designations or training certifications.

History

Statutory Authority: §§ 54.1-201 and 54.1-2211 of the Code of Virginia.
Historical Notes: Derived from VR 674-01-02 § 6.1, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; Volume 16, Issue 14, eff. May 1, 2000; Volume 22, Issue 26, eff. November 1, 2006; Volume 32, Issue 22, eff. August 1, 2016; Volume 41, Issue 15, eff. July 1, 2025.

18VAC155-20-230 Training records

An approved training provider must retain records for all participants for a period of five years and must maintain a written policy on the retention and release of records. All records pertaining to the approved training and participants must be made available to the board immediately upon request.

History

Statutory Authority: §§ 54.1-201 and 54.1-2211 of the Code of Virginia.
Historical Notes: Derived from VR 674-01-02 § 6.2, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; Volume 16, Issue 14, eff. May 1, 2000; Volume 32, Issue 22, eff. August 1, 2016; Volume 41, Issue 15, eff. July 1, 2025.

18VAC155-20-235 Denial or withdrawal of approval

The board may deny or withdraw the approval of any training or continuing education course for the following reasons:

Courses being offered no longer meet the standards established by the board;
The course provider, through an agent or otherwise, advertises its services in a fraudulent or deceptive way;
The course provider, instructor, or designee of the provider falsifies any information relating to the application for approval, course information, or student records or fails to produce records required by the board; or
The course provider fails to maintain student course completion records for a minimum of five years.

History

Statutory Authority: §§ 54.1-201 and 54.1-2211 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 22, eff. August 1, 2016; Volume 41, Issue 15, eff. July 1, 2025.

18VAC155-20-240 (Repealed.)

Historical Notes

Derived from VR 674-01-02 §§ 6.3 to 7.3, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; repealed, Virginia Register Volume 16, Issue 14, eff. May 1, 2000.

Part V Disciplinary Action

18VAC155-20-280 Grounds for denial of application, denial of renewal, or discipline

A. The board may (i) deny an application for and deny renewal of a license or training course approval, (ii) revoke or suspend a license or training course approval, or (iii) discipline a licensee or an approved training provider who is found to be in violation of the statutes or regulations governing the practice of licensed waste management facility operators.

B. Any individual whose license is revoked under this section must meet all education, examination, experience, and training requirements, complete the application, and submit the required fee for consideration as a new applicant.

C. The board will conduct disciplinary procedures in accordance with the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 54.1-201 and 54.1-2211 of the Code of Virginia.
Historical Notes: Derived from VR 674-01-02 § 8.1, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; Volume 16, Issue 14, eff. May 1, 2000; Volume 22, Issue 26, eff. November 1, 2006; Volume 32, Issue 22, eff. August 1, 2016; Volume 41, Issue 15, eff. July 1, 2025.

18VAC155-20-285 Prohibited acts

Any of the following are cause for disciplinary action:

Violating or inducing another to violate any provisions of Chapter 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), 3 (§ 54.1-300 et seq.), or 22.1 (§ 54.1-2209 et seq.) of Title 54.1 of the Code of Virginia or any provision of this chapter.
Obtaining or renewing a license through fraudulent means or misrepresentation.
Having been found guilty by the board, an administrative body, or a court of any material misrepresentation in the course of performing operating duties.
Subject to the provisions of § 54.1-204 of the Code of Virginia, having been convicted or found guilty, regardless of jurisdiction, of any felony or any violation that resulted in the significant harm or the imminent and substantial threat of significant harm to human health or the environment, there being no appeal pending therefrom, or the time of appeal having elapsed.
Failing to inform the board in writing within 30 days of pleading guilty to, pleading nolo contendere to, being convicted of, or being found guilty of (i) any felony or (ii) any violation that resulted in the significant harm or the imminent and substantial threat of significant harm to human health or the environment.
Gross negligence or a continued pattern of incompetence in the practice of a waste management facility operator.
Violating the permit conditions for the facility or violating federal, state, or local laws or regulations, which resulted in the significant harm or the imminent and substantial threat of significant harm to human health or the environment.
Failure to comply with all rules established by the board and the testing organization with regard to conduct at the examination.

History

Statutory Authority: §§ 54.1-201 and 54.1-2211 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 32, Issue 22, eff. August 1, 2016; amended, Virginia Register Volume 41, Issue 15, eff. July 1, 2025.

18VAC155-20-290 (Repealed.)

Historical Notes

Derived from VR 674-01-02 § 8.2, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; repealed, Virginia Register Volume 16, Issue 14, eff. May 1, 2000.

Agency 160 Board For Waterworks And Wastewater Works Operators And Onsite Sewage System Professionals

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

18VAC160-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

18VAC160-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

Part II Notification of Interested Persons

18VAC160-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

18VAC160-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 18VAC160-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

Part III Public Participation Procedures

18VAC160-11-50 Public comment

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008; amended, Virginia Register Volume 33, Issue 7, eff. January 12, 2017.

18VAC160-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

18VAC160-11-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

18VAC160-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

18VAC160-11-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

18VAC160-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

18VAC160-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

Chapter 30 Waterworks and Wastewater Works Operators Licensing Regulations

Part I Definitions

18VAC160-30-10 Definitions

A. Section 54.1-2300 of the Code of Virginia provides definitions of the following terms and phrases as used in this chapter:

"Board"

"Operator"

"Owner"

"Wastewater works"

"Waterworks"

B. The following words, terms, and phrases when used in this chapter have the following meanings unless the context clearly indicates otherwise:

"Address of record" means the address designated by the licensee to receive notices and correspondence from the board.

"Applicant" means an individual who has submitted an application for licensure.

"Application" means a completed, board-prescribed form submitted with the appropriate fee and other required documentation.

"Category" means a profession under the board's purview, which includes waterworks and wastewater works as applicable to the licensure of waterworks and wastewater works operators.

"Classification" means the division within each category of license as it relates to the classified facility. Class 1 represents the highest classification for each category of license.

"Contact hour" means 50 minutes of participation in a structured training activity.

"Department" means the Department of Professional and Occupational Regulation.

"DEQ" means the Department of Environmental Quality.

"Direct supervision" means being immediately available and fully responsible for the provision of waterworks and wastewater works operation regulated pursuant to Chapter 23 (§ 54.1-2300 et seq.) of Title 54.1 of the Code of Virginia and this chapter.

"Direct supervisor" means a licensed waterworks or wastewater works operator who assumes the responsibility of direct supervision.

"Licensee" means an individual holding a valid license issued by the board.

"Maintenance" or "maintain" means performing adjustments to equipment and controls and in-kind replacement and cleaning of normal wear and tear parts such as light bulbs, fuses, filters, pumps, motors, or other like components.

"Master alternative onsite sewage system operator" means an individual licensed by the board who possesses the minimum skills and competency to operate and maintain conventional and alternative onsite sewage systems.

"Operate" means the act of (i) placing into or taking out of service a unit process or (ii) making or causing adjustments in the operation of a unit process at a waterworks or wastewater works.

"Renewal" means the process and requirements for periodically approving the continuance of a license.

"Training credit" means a unit of board-approved training or formal education completed by an individual that may be used to substitute for experience when applying for a license.

"VDH" means the Virginia Department of Health.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 8, eff. January 16, 2026.

Part II Entry

18VAC160-30-20 Application procedures

A. All applicants seeking licensure will submit an application with the appropriate fee specified in 18VAC160-30-40. Application will be made on forms provided by the board or its agent.

By submitting the application to the department, the applicant certifies that the applicant has read and understands the applicable statutes and the board's regulations.
The receipt of an application and the deposit of fees by the board does not indicate approval of the application by the board.

B. The board may make further inquiries and investigations with respect to the applicant's qualifications to confirm or amplify information supplied. All applications must be completed in accordance with the instructions contained in this chapter and on the application. Applications will not be considered complete until all required documents are received by the board. No applicant will be permitted to sit for the applicable board-approved examination until the application is complete and approved.

C. The applicant will be notified within 30 days of the board's receipt of an initial application if the application is incomplete. An individual who fails to complete the application process within 12 months of receipt of the application in the board's office must submit a new application. An applicant has 24 months from approval of the application to pass the board-approved examination. Failure to pass the board-approved examination within 24 months of approval will result in the applicant being required to submit a new application to be considered for licensure.

D. The applicant must immediately report all changes in information supplied with the application, if applicable, prior to issuance of the license or expiration of the application or examination period.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 8, eff. January 16, 2026.

18VAC160-30-30 General fee requirements

All fees are nonrefundable and will not be prorated. The date on which the fee is received by the department or the department's agent will determine whether the fee is on time.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 8, eff. January 16, 2026.

18VAC160-30-40 Fee schedule

Fees for a waterworks operator or a wastewater works operator license are as provided in this section.

| Fee Type | Fee Amount | When Due | | --- | --- | --- | | Initial application (for each profession, class, and category of license) | $100 | With application | | Renewal (for each profession, class, and category of license) | $80 | With renewal application | | Reinstatement (for each profession, class, and category of license) | $105 (renewal fee + $25 reinstatement fee) | With reinstatement application |

History

Statutory Authority: §§ 54.1-113 and 54.1-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 34, Issue 7, eff. January 1, 2018; Volume 42, Issue 8, eff. January 16, 2026.

18VAC160-30-50 Examination fee

The fees for all examinations are subject to charges to the department by an outside vendor based on a contract entered into in compliance with the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia). Fees may be adjusted and charged to the candidate in accordance with this contract.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 8, eff. January 16, 2026.

18VAC160-30-60 General requirements for licensure

A. In addition to the specific qualifications for each category and classification of licensure, each applicant for licensure must meet the requirements provided in this section.

B. The applicant must be at least 18 years of age.

C. The applicant must provide an address, which will serve as the address of record. A post office box is only acceptable as the address of record when a physical address is also provided.

D. In accordance with § 54.1-204 of the Code of Virginia, each applicant must disclose the following information.

All felony convictions that occurred within 20 years of the date of application.
All misdemeanor convictions involving lying, cheating, or stealing, except marijuana convictions, that occurred within three years of the date of application.

E. The applicant must report any action taken by any board or administrative body in any jurisdiction against a professional or occupational license, certification, or registration issued to the applicant, to include any suspension, revocation, or surrender of a license, certification, or registration, imposition of a monetary penalty, or requirement to take remedial education or other corrective action. The board, in its discretion, may deny licensure to any applicant for any prior action taken by any board or administrative body in any jurisdiction. The applicant has the right to request further review of any such action by the board under the Administrative Process Act.

F. The applicant for licensure must be in compliance with the standards of conduct and practice set forth in Part VI (18VAC160-30-290 et seq.) of this chapter at the time of application, while the application is under review by the board, and at all times when the license is in effect.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 38, Issue 6, eff. December 8, 2021; Volume 42, Issue 8, eff. January 16, 2026.

18VAC160-30-70 Examination procedures and conduct

A. Upon approval of the application, the board will notify the applicant of the applicant's eligibility to take the applicable examination.

B. An applicant who does not receive a passing score within 24 months after the date of approval of the application by the board to sit for the examination must submit a new application and meet the entry requirements in effect at the time of submittal of the new application.

C. The applicant must follow all rules established by the board with regard to conduct at the examination. Such rules include all written instructions communicated prior to the examination date and all instructions communicated at the site on the date of examination. Failure to comply with all rules established by the board and the testing organization with regard to conduct at the examination may be grounds for denial of the application or voiding of examination scores.

D. The passing examination score received by an applicant for the category and class of license for which the applicant has applied is valid for a period of 10 years from the date of the examination.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 8, eff. January 16, 2026.

18VAC160-30-80 Individuals certified or licensed in another jurisdiction

An applicant holding an active, current license or certificate in another jurisdiction who meets the requirements of this chapter, including having equivalent experience and education, must pass a board-approved examination to become licensed.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 8, eff. January 16, 2026.

18VAC160-30-90 License required

A. No individual will operate a waterworks or wastewater works without possessing a valid category of license issued by the board in a classification equal to or greater than the classification of the applicable waterworks or wastewater works.

B. Provisional licensure alone will not authorize an individual to operate a classified waterworks or wastewater works facility.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 8, eff. January 16, 2026.

18VAC160-30-95 Qualifying experience

A. Experience used to qualify for licensure must be obtained under the direct supervision of an operator holding a valid license of the same category and of a classification equal to or higher than the classification of the waterworks or wastewater works at which the experience was gained.

B. The direct supervisor must certify the applicant's experience on the application as accurate and relevant to the classification and category of license for which licensure is sought. In the event that a licensed operator is not available to certify the experience of the applicant, the experience may be certified by a representative of the facility owner with first-hand knowledge of the applicant's experience.

C. Experience operating and maintaining water distribution systems will only be considered for Class 5 or Class 6 waterworks operator license applicants.

D. Experience limited solely to nonoperating duties will not be counted as experience as an operator or an operator-in-training.

E. The board will accept an applicant's experience obtained in a previously unclassified wastewater treatment facility that has recently been classified as requiring a licensed Class 3 or Class 4 operator, provided that (i) the application includes verification from the appropriate DEQ regional office that the operator license requirement is a new requirement and (ii) the applicant's experience is verified by the owner of the facility.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 16, 2026.

18VAC160-30-100 Full-time experience or equivalent

For the purposes of this part, experience requirements are expressed in terms of calendar periods of full-time employment as an operator or as an operator-in-training at a waterworks or wastewater works in the same category for which licensure is sought.

A year of full-time employment is defined as a minimum of 1,760 hours during a 12-month period or a minimum of 220 workdays in a 12-month period. A workday is defined as attendance at a waterworks or wastewater works to the extent required for proper operation. More than 1,760 hours or 220 workdays during a 12-month period will not be considered as more than one year of full-time employment.
Partial credit may be given for actual hours of work experience if the applicant works as an operator or as an operator-in-training less than full time.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 8, eff. January 16, 2026.

18VAC160-30-110 Qualifications for examination approval

An applicant for licensure as a waterworks or wastewater works operator must furnish acceptable documentation that one of the following qualifications has been met.

| TABLE 1 Waterworks and Wastewater Works Operator Experience and Education | | | | | | | --- | --- | --- | --- | --- | --- | | Classes | Education Required | Current License | Minimum Experience | Facility Type | Experience with Substitutions | | Class 6 (Waterworks Operator Only) | High school diploma or equivalent | N/A | Three months | Class 6 or higher facility | N/A | | No high school diploma or equivalent | N/A | Six months | Class 6 or higher facility | N/A | | | Class 5 (Waterworks Operator Only) | High school diploma or equivalent | N/A | Three months | Class 5 or higher facility | N/A | | No high school diploma or equivalent | N/A | Six months | Class 5 or higher facility | N/A | | | Class 4 | High school diploma or equivalent | N/A | Six months | Class 4 or higher facility | N/A | | No high school diploma or equivalent | N/A | One year | Class 4 or higher facility | Six months | | | Class 3 | Bachelor's, master's, or associate's degree | N/A | Six months | Class 4 or higher facility | Three months | | High school diploma or equivalent | N/A | One year | Class 4 or higher facility | Six months | | | No high school diploma or equivalent | N/A | One and one-half years | Class 4 or higher facility | Nine months | | | Class 2 | Bachelor's, master's, or associate's degree | N/A | One year | Class 3 or higher facility | Six months | | High school diploma or equivalent | N/A | Two years | Class 3 or higher facility | One year | | | No High school diploma or equivalent | Class 3 license | Three years | Class 3 or higher facility | One and one-half years | | | Class 1 | Bachelor's, master's, or associate's degree | Class 2 license | One and one-half years | Class 2 or higher facility | Nine months | | High school diploma or equivalent | Class 2 license | Three years | Class 2 or higher facility | One and one-half years | | | No high school diploma or equivalent | Class 2 license | Four years | Class 2 or higher facility | Two years | | | Where applicable, the current license held, minimum experience, and the facility type must coincide with the category of license for which the application is being submitted. | | | | | |

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 8, eff. January 16, 2026.

18VAC160-30-120 Provisional licensure for nonclassified facility operation

An applicant for licensure as a provisional waterworks or wastewater works operator must furnish acceptable documentation of having met all of the requirements of 18VAC160-30-110, except that the experience requirement may be met through experience gained as an operator or operator-in-training of a nonclassified facility. Such experience must be gained under the following conditions:

The experience is obtained at a nonclassified facility that is comparable in size and in treatment process as described in 18VAC160-30-360 and 18VAC160-30-370, as applicable.
The experience is obtained while performing nonclassified facility operation duties that provide experience comparable to that obtained at a classified facility. Experience operating and maintaining water distribution systems will only be considered for a Class 5 or Class 6 provisional waterworks operator license. Experience limited solely to nonoperating duties will not be counted as experience as a provisional operator or operator-in-training.
Any individual holding a provisional license may apply for licensure by submitting evidence of having met 50% of the experience required by 18VAC160-30-110 and submitting the appropriate application.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 8, eff. January 16, 2026.

18VAC160-30-130 Experience substitutions

A. Experience obtained as a licensed alternative onsite sewage system operator before April 1, 2017, or a master alternative onsite sewage system operator may be substituted for the Class 4 wastewater works operator-in-training experience requirements.

B. 18VAC160-30-110 provides the maximum experience substitutions that may be applied for each applicable class of license.

Experience gained in either waterworks or wastewater works operations may be substituted for up to 50% of the required experience in the alternate category so long as the experience was gained in an equivalent or higher class of facility.
Education may substitute for part of the required experience in the category of license applied for at a rate of one month of experience credit for each semester hour of college credit. Coursework must be relevant to the category and classification of the license sought. The college credit must be from an accredited college or university that is approved or accredited by a regional or national accreditation association or an accreditation agency that is recognized by the U.S. Secretary of Education.
Board-approved waterworks or wastewater works operator training courses may be utilized for experience at a rate of one month experience for each training credit approved by the board.

C. Substitutions may not exceed 50% of the total experience required for licensure.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 8, eff. January 16, 2026.

18VAC160-30-140 Education

A. Applicants seeking to qualify for licensure based on completion of an associate's, bachelor's, or master's degree must submit a transcript from the school where the applicable degree was obtained. Only degrees from an accredited college or university that is approved or accredited by a regional or national accreditation association or an accrediting agency that is recognized by the U.S. Secretary of Education will be considered.

B. The following degrees will be considered to qualify in accordance with 18VAC160-30-110:

Bachelor's or master's degree in engineering or engineering technology in a related physical, biological, environmental, or chemical science;
Bachelor's degree in a related physical, biological, environmental, or chemical science that includes a minimum 32 semester credit hours in any combination of science and math;
Master's degree in a related physical, biological, environmental, or chemical science and a bachelor's degree in any major such that the combined degrees include a minimum 32 semester credit hours in any combination of science and math; or
Associate's degree in waterworks, in wastewater works, or in a related physical, biological, environmental, or chemical science that includes a minimum of 16 credit hours in any combination of science and math.

C. Formal education used to meet a specific education requirement for license entry cannot also be used as a training credit for experience substitution.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 8, eff. January 16, 2026.

Part III Renewal and Reinstatement

18VAC160-30-150 Expiration and renewal

A. Licenses for waterworks operators will expire on the last day of February of each odd-numbered year. Licenses for wastewater works operators will expire on the last day of February of each even-numbered year.

B. Prior to the license expiration date, the board will send a renewal notice to the licensee's address of record. The licensee must return to the board a renewal notice and the applicable renewal fee.

C. By submitting the renewal or reinstatement fee, the licensee is certifying continued compliance with the Standards of Practice and Conduct (Part VI (18VAC160-30-290 et seq.)) of this chapter, as established by the board. In addition, by submitting the renewal or reinstatement fee, licensees are certifying compliance with the continuing professional education requirements of this chapter.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 8, eff. January 16, 2026.

18VAC160-30-160 Reinstatement

A. If all of the requirements for renewal of the license as specified in 18VAC160-30-150 are not completed within 30 days of the license expiration date, a reinstatement fee is required as established in 18VAC160-30-40.

B. A license may be reinstated for up to 24 months following the expiration date of the license. An individual who fails to reinstate the license within 24 months after the expiration date must apply for a new license and meet entry requirements in effect at the time of the submittal of the new application.

C. Any regulated activity conducted subsequent to the license expiration date may constitute unlicensed activity and be subject to the prosecution under Chapter 1 (§ 54.1-100 et seq.) of Title 54.1 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 8, eff. January 16, 2026.

18VAC160-30-170 Status of license during period prior to reinstatement

A licensee who reinstates a license will be subject to all laws and regulations as if the licensee had been continuously licensed without interruption. The licensee will remain under and be subject to the disciplinary authority of the board during this entire period.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 8, eff. January 16, 2026.

18VAC160-30-180 Board discretion to deny renewal or reinstatement

A. The board may deny renewal or reinstatement of a license for the same reasons as the board may refuse initial licensure or discipline a licensee. The licensee has the right to request further review of any such action by the board under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

B. The board may deny renewal or reinstatement of a license if the licensee has been subject to a disciplinary proceeding and has not met the terms of an agreement for licensure, has not satisfied all sanctions, or has not fully paid monetary penalties and costs imposed by the board.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 8, eff. January 16, 2026.

Part IV Continuing Professional Education

18VAC160-30-190 Continuing professional education

A. Each licensee must have completed the following number of continuing professional education (CPE) contact hours during each renewal cycle. CPE provisions do not apply for the renewal of licenses that were held for less than two years on the date of expiration.

Class 1, Class 2, and Class 3 waterworks and wastewater works operators must obtain a minimum of 18 contact hours.
Class 4 waterworks and wastewater works operators must obtain a minimum of 16 contact hours.
Class 5 waterworks operators must obtain a minimum of six contact hours.
Class 6 waterworks operators must obtain a minimum of four contact hours.

B. The licensee may request additional time to meet the CPE requirement. However, CPE contact hours completed during a current licensing renewal cycle to satisfy the CPE requirements of the preceding licensing renewal cycle will be valid only for that preceding license renewal cycle and will not be accepted for any subsequent renewal cycles. The grant of any request for additional time to meet the CPE requirement is at the discretion of the board.

C. The licensee will not receive CPE credit for completing the same continuing education course with the same content more than once during a license renewal cycle.

D. A licensee may receive CPE credit for teaching a course that otherwise meets the requirements of this chapter; however, additional credit will not be given for subsequent offerings of a course or activity with the same content within the same renewal cycle. In addition, a licensee may receive four hours of CPE no more than once during a single renewal cycle for the initial development or substantial updating of a CPE course.

E. Safety subjects will not count for more than 25% of the total required CPE hours.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 8, eff. January 16, 2026.

18VAC160-30-200 CPE subject matter for waterworks operators

A. The following course topics will be accepted for CPE credit for waterworks operators:

Waterworks operations;
Monitoring, evaluating, and adjusting treatment processes and systems, including technology;
Operating and maintaining equipment;
Security and safety procedures;
General science and mathematical principles;
Administrative processes and procedures applicable to licensure; and
Laws and regulations applicable to the profession.

B. Of the total 18 hours required, a minimum of four contact hours pertaining to utility management is required of Class 1 and Class 2 waterworks operators.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 8, eff. January 16, 2026.

18VAC160-30-210 CPE subject matter for wastewater works operators

A. The following course topics will be accepted for CPE credit for wastewater works operators:

Wastewater works operations;
Monitoring, evaluating, and adjusting treatment processes and systems, including technology;
Operating and maintaining equipment;
Security and safety procedures;
General science and mathematical principles;
Administrative processes and procedures applicable to licensure; and
Laws and regulations applicable to the profession.

B. Of the total 18 hours required, a minimum of four contact hours pertaining to utility management is required of Class 1 and Class 2 wastewater works operators.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 8, eff. January 16, 2026.

18VAC160-30-220 Use of training credits and formal education for CPE credit

Any course approved by the board for substitution as training credits or formal education semester hours, as provided for in Part V (18VAC160-30-240 et seq.) of this chapter, will also be acceptable on an hour-for-hour basis for CPE contact hours. One semester hour of college credit equals 15 CPE contact hours.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 8, eff. January 16, 2026.

18VAC160-30-230 Maintenance of CPE

A. For a period of at least two years following the end of the license renewal cycle for which the CPE was taken, the following evidence must be maintained to document completion of the required hours of CPE:

Evidence of completion of a structured training activity, which must consist of the name, address, and contact information of the sponsor;
The dates the licensee participated in the training;
Description of the subject matter presented; and
A statement from the sponsor verifying the number of hours completed.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 8, eff. January 16, 2026.

18VAC160-30-235 Training courses, generally

In accordance with 18VAC160-30-110, training courses approved by the board may be substituted for experience. All training courses must be approved by the board in accordance with the provisions of this part. Training courses may be delivered in person or using distance, virtual, or online education technology. Training courses may be approved retroactively; however, no applicant will receive credit for the training course until such approval is granted by the board.

Up to one training credit will be awarded for each 10 hours of classroom contact time or for each 20 hours of laboratory exercises and field trip contact time. Training credit will not be earned for breaks, meals, or receptions. A training credit awarded is equivalent to one month of experience.
Training courses that meet the requirements of 18VAC160-30-280 may be accepted for substitution of experience without approval by the board.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 16, 2026.

Part V Training Course Approval

18VAC160-30-240 Approval of training courses

A training provider seeking approval of a training course must submit an application for training course approval on a form provided by the board.

The application must include:

The name of the training provider;
Provider contact person, address, and contact information;
Training course title;
Identification of the profession, category, and class of license to which the course is applicable;
Method of delivery;
Detailed course schedule, including start and end times and a list of planned breaks;
Instructor qualifications, including name, license number, if applicable, and a list of trade-appropriate designations, as well as a professional resume with a summary of teaching experience and subject matter knowledge and qualifications acceptable to the board;
Training course syllabus or outline;
Materials to be provided to participants; and
A description of the means that will be used to assess the learning of each participant to determine successful completion of the training course, such as examinations, projects, personal evaluations by the instructor, or other recognized evaluation techniques.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 8, eff. January 16, 2026.

18VAC160-30-250 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 8, eff. January 16, 2026.

18VAC160-30-260 Maintenance of records

All providers of approved training courses must establish and maintain a record for each participant. The record must include the participant's name and address, the course name and hours attended, the course syllabus or outline, the names of the instructors, the date of successful completion, and the board's approved training course identification number. Records must be available for inspection during normal business hours by authorized representatives of the board. Providers must maintain these records for a minimum of five years.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 8, eff. January 16, 2026.

18VAC160-30-265 Reporting of changes

Any change in the information provided in 18VAC160-30-240 must be reported to the board within 90 days of the change. Any change in information submitted will be reviewed to ensure compliance with the provisions of this chapter.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 16, 2026.

18VAC160-30-270 Withdrawal of approval

The board may withdraw approval of a training course for the following reasons:

The course being offered no longer meets the standards established by the board.
The provider, through an agent or otherwise, advertises its services in a fraudulent or deceptive manner.
The provider, instructor, contact person, or designee of the provider falsifies any information relating to the application for approval, course information, or participant records.
The training course provider fails to provide the participant with documentation of course completion showing the hours completed, the date of training, and the training course identification number assigned by the board.
A change in the information provided results in noncompliance with this part.
The provider fails to comply with 18VAC160-30-265.
The provider fails to respond to the board or any of its agents.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 8, eff. January 16, 2026.

18VAC160-30-275 Board authority to audit approved training courses

The board may conduct an audit of any board-approved training course provider to ensure continued compliance with this chapter.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 8, eff. January 16, 2026.

18VAC160-30-280 Acceptance of training courses offered by certain entities

A. Training courses provided by (i) federal, state, or local government agencies; (ii) a regional or national accreditation association; or (iii) an accrediting agency that is recognized by the U.S. Secretary of Education do not require board approval to be used for experience substitution, provided the training course information submitted to the board includes the following:

The course must include the continuing education units awarded by the entity.
The course's subject matter must be related to the license category and classification, if applicable, for which experience substitution is sought.

B. The board may request additional information from the provider as necessary to ensure compliance with this section. If the board cannot ensure compliance, the training course may not be used for experience substitution, or the provider may pursue board approval pursuant to this chapter.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 8, eff. January 16, 2026.

Part VI Standards of Practice and Conduct

18VAC160-30-290 Grounds for disciplinary action

The board may place a licensee on probation in accordance with § 54.1-201 A 7 of the Code of Virginia; impose a monetary penalty in accordance with § 54.1-202 A of the Code of Virginia; or revoke, suspend, or refuse to renew any license when the licensee has been found to have violated or cooperated with others in violating any provision of the regulations of the board or Chapter 23 (§ 54.1-2300 et seq.) of Title 54.1 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 8, eff. January 16, 2026.

18VAC160-30-300 Maintenance of license

A. No license issued by the board may be assigned or otherwise transferred.

B. A licensee must report, in writing, to the board any change of the following:

The licensee's legal name. Such report must be accompanied by documentation acceptable to the board that verifies the name change.
The licensee's address, to include the physical address when applicable.

C. A change of name or address must be reported to the board within 60 days of the change. The board is not responsible for the licensee's failure to receive notices, communications, and correspondence caused by the licensee's failure to report to the board any change of name or address.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 8, eff. January 16, 2026.

18VAC160-30-310 Notice of adverse action

A. A licensee must notify the board of the following actions against the licensee:

Any disciplinary action taken by any jurisdiction, board, or administrative body of competent jurisdiction, including any reprimand, revocation, suspension, or denial of a license, certificate, or registration; imposition of a monetary penalty; requirement to take remedial education; or other corrective action.
Any voluntary surrendering of a license, certificate, or registration done in connection with a disciplinary action taken by any jurisdiction, board, or administrative body.
Any conviction, finding of guilt, or plea of guilty, regardless of adjudication or deferred adjudication, in any jurisdiction of the United States of any (i) misdemeanor involving lying, cheating, or stealing, except marijuana convictions, or (ii) felony, there being no appeal pending therefrom or the time for appeal having lapsed. Review of convictions will be subject to the requirements of § 54.1-204 of the Code of Virginia.

B. The notice must be given to the board in writing within 30 days of the action. A copy of the order or other supporting documentation must accompany the notice.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 38, Issue 6, eff. December 8, 2021; Volume 42, Issue 8, eff. January 16, 2026.

18VAC160-30-320 Prohibited acts

The following acts are prohibited and any violation may result in disciplinary action by the board:

Violating, inducing another to violate, cooperating with another to violate, or combining or conspiring with or acting as agent, partner, or associate for another to violate any of the provisions of Chapter 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), 3 (§ 54.1-300 et seq.), or 23 (§ 54.1-2300 et seq.) of Title 54.1 of the Code of Virginia, or any of the regulations of the board.
Obtaining or attempting to obtain a license by false or fraudulent representation or maintaining, renewing, or reinstating a license by false or fraudulent representation.
Failing to report a change as required by 18VAC160-30-300.
A licensee having been convicted or found guilty in any jurisdiction or disciplined by any jurisdiction, board, or administrative body in any jurisdiction of any offense or violation enumerated in 18VAC160-30-310. Review of convictions will be subject to the requirements of § 54.1-204 of the Code of Virginia.
Failing to inform the board in writing within 30 days that the licensee was convicted, found guilty in any jurisdiction, or disciplined by any jurisdiction, board, or administrative body of any offense or violation enumerated in 18VAC160-30-310.
Actions constituting negligence, misconduct, or incompetence in the practice of the profession, including:

a. Having undertaken to perform or having performed a professional assignment that the licensee is not qualified to perform by education, experience, or training.

b. Not demonstrating reasonable care, judgment, or application of the required knowledge, skill, and ability in the performance of the licensee's duties.

c. Failing to adequately supervise and review work performed by licensed or unlicensed employees under direct supervision of the licensee.

d. Failing to act in providing waterworks and wastewater works operator services in a manner that safeguards the interests of the public.

Actions constituting improper, fraudulent, or dishonest conduct, including:

a. Making any misrepresentation or engaging in acts of fraud or deceit when providing professional services.

b. Submitting or recording or assisting another in the submission or recording of false or misleading operational information relating to the performance and monitoring requirements of a waterworks or wastewater works.

c. Allowing a license issued by the board to be used by another.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 8, eff. January 16, 2026.

18VAC160-30-330 Conflicts of interest

The licensee must:

Promptly and fully inform an employer or client of any business association, interest, or circumstance that may influence the licensee's judgment or the quality of service.
Not accept compensation, financial or otherwise, from more than one party for services on or pertaining to the same project, unless the circumstances are fully disclosed to and agreed to by all interested parties in writing.
Neither solicit nor accept financial or other valuable consideration from material or equipment suppliers for specifying their products or services, unless the circumstances are fully disclosed and agreed to by all interested parties in writing.
Not solicit or accept gratuities, directly or indirectly, from contractors or their agents or other parties dealing with a client or employer in connection with work for which the licensee is responsible, unless the circumstances are fully disclosed and agreed to by all interested parties in writing.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 8, eff. January 16, 2026.

18VAC160-30-340 Licensee responsibility

A. The primary obligation of the licensee is to the public. If the licensee's judgment is overruled and not adhered to when advising appropriate parties of circumstances of a substantial threat to the public health, safety, or welfare, the licensee must inform the employer or client, as applicable, of the possible consequences and notify appropriate authorities.

B. The licensee will not knowingly associate in a business venture with, or permit the use of the licensee's name by, any person where there is reason to believe that person is engaging in activity of a fraudulent or dishonest nature or is violating any law or regulation of the board.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 8, eff. January 16, 2026.

18VAC160-30-350 Response to inquiry and provision of records

A. A licensee must respond within 10 days to a request by the board or any of its agents regarding any complaint filed with the department.

C. A licensee must not provide a false, misleading, or incomplete response to the board or any of its agents seeking information in the investigation of a complaint filed with the board.

D. With the exception of the requirements of subsections A and B of this section, a licensee must respond to an inquiry by the board or its agent within 21 days.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 8, eff. January 16, 2026.

18VAC160-30-360 Wastewater works

A. A Class 4 wastewater works licensee may operate any wastewater works classified under the Sewage Collection and Treatment Regulations (9VAC25-790) as a Class IV treatment works or any other wastewater works classified by DEQ or VDH as a Class IV or Class 4 wastewater works.

B. A Class 3 wastewater works licensee may operate any wastewater works classified under the Sewage Collection and Treatment Regulations as a Class III or Class IV treatment works or any wastewater works classified by DEQ or VDH as a Class III or Class IV or Class 3 or Class 4 wastewater works facility.

C. A Class 2 wastewater works licensee may operate any wastewater works classified under the Sewage Collection and Treatment Regulations as a Class II, Class III, or Class IV treatment works or any wastewater works classified by DEQ or VDH as a Class II, Class III, or Class IV or Class 2, Class 3, or Class 4 wastewater works.

D. A Class 1 wastewater works licensee may operate any wastewater works classified under the Sewage Collection and Treatment Regulations as a Class I, Class II, Class III, or Class IV treatment works or any wastewater works classified by DEQ or VDH as a Class I, Class II, Class III, or Class IV or Class 1, Class 2, Class 3, or Class 4 wastewater works.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; Errata, 33:15 VA.R. 1905 March 20, 2017; amended, Virginia Register Volume 42, Issue 8, eff. January 16, 2026.

18VAC160-30-370 Waterworks

A. A Class 6 waterworks licensee may operate any waterworks classified under the VDH Waterworks Regulations (12VAC5-590) as a Class 6 waterworks or any waterworks classified by VDH as a Class 6 waterworks.

B. A Class 5 waterworks licensee may operate any waterworks classified under the VDH Waterworks Regulations as a Class 5 or Class 6 waterworks or any waterworks classified by VDH as a Class 5 or Class 6 waterworks.

C. A Class 4 waterworks licensee may operate any waterworks classified under the VDH Waterworks Regulations as a Class 4, Class 5, or Class 6 waterworks or any waterworks classified by VDH as a Class 4, Class 5, or Class 6 waterworks.

D. A Class 3 waterworks licensee may operate any waterworks classified under the VDH Waterworks Regulations as a Class 3, Class 4, Class 5, or Class 6 waterworks or any waterworks classified by VDH as a Class 3, Class 4, Class 5, or Class 6 waterworks.

E. A Class 2 waterworks licensee may operate any waterworks classified under the VDH Waterworks Regulations as a Class 2, Class 3, Class 4, Class 5, or Class 6 waterworks or any waterworks classified by the VDH as a Class 2, Class 3, Class 4, Class 5, or Class 6 waterworks.

F. A Class 1 waterworks licensee may operate any waterworks classified under the VDH Waterworks Regulations as a Class 1, Class 2, Class 3, Class 4, Class 5, or Class 6 waterworks or any waterworks classified by VDH as a Class 1, Class 2, Class 3, Class 4, Class 5, Class 6 waterworks.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 8, eff. January 16, 2026.

Chapter 40 Onsite Sewage System Professionals Licensing Regulations

Part I Definitions

18VAC160-40-10 Definitions

A. Section 54.1-2300 of the Code of Virginia provides definitions of the following terms and phrases as used in this chapter:

"Board"

"Onsite sewage system"

B. The following words, terms, and phrases when used in this chapter have the following meanings unless the context clearly indicates otherwise:

"Address of record" means the address designated by the licensee to receive notices and correspondence from the board.

"Alternative onsite sewage system" means a treatment works that is not a conventional onsite sewage system and does not result in a point source discharge.

"Alternative onsite sewage system installer" means an individual licensed by the board to construct, install, and repair conventional and alternative onsite sewage systems.

"Alternative onsite sewage system operator" means an individual licensed by the board to operate and maintain conventional and alternative onsite sewage systems.

"Alternative onsite soil evaluator" means an individual licensed by the board to evaluate soils and soil properties in relationship to the effect of these properties on the use and management of these soils as the locations for conventional and alternative onsite sewage systems, to certify in accordance with applicable state regulations and local ordinances that sites are suitable for conventional and alternative onsite sewage systems, and to design conventional and alternative onsite sewage systems suitable for the soils.

"Applicant" means an individual who has submitted an application for licensure.

"Application" means a completed, board-prescribed form submitted with the appropriate fee and other required documentation.

"Authorized onsite soil evaluator" means an individual holding an authorized onsite soil evaluator certification issued by the Virginia Department of Health that was valid on June 30, 2009.

"Category" means journeyman or master as applicable to the professionals under the board's purview.

"Class" means conventional or alternative as applicable to the professionals under the board's purview.

"CPE" means continuing professional education.

"Contact hour" means 50 minutes of participation in a structured training activity.

"Conventional onsite sewage system" means a treatment works consisting of one or more septic tanks with gravity, pumped, or siphoned conveyance to a gravity distributed subsurface drainfield.

"Conventional onsite sewage system installer" means an individual licensed by the board to construct, install, and repair conventional onsite sewage systems.

"Conventional onsite sewage system operator" means an individual licensed by the board to operate and maintain conventional onsite sewage systems.

"Conventional onsite soil evaluator" means an individual licensed by the board to evaluate soils and soil properties in relationship to the effects of these properties on the use and management of these soils as the locations for conventional and alternative onsite sewage systems, to certify in accordance with applicable state regulations and local ordinances that sites are suitable for conventional and alternative onsite sewage systems, and to design conventional onsite sewage systems suitable for the soils.

"Department" means the Department of Professional and Occupational Regulation.

"DEQ" means the Department of Environmental Quality.

"Direct supervision" means being immediately available and fully responsible for the provision of onsite sewage system services regulated pursuant to Chapter 23 (§ 54.1-2300 et seq.) of Title 54.1 of the Code of Virginia and this chapter.

"Interim license" refers to the initial issuance of professional licenses during the implementation of the onsite sewage system professionals licensure program. Such licenses were limited to four years and not renewable.

"Journeyman" means an individual who possesses the minimum skills and competency to install or maintain onsite sewage systems or assist in the evaluation of soil sites as suitable for conventional and alternative onsite sewage systems and to design onsite sewage systems, all while under the direct supervision of a master licensee.

"Licensee" means an individual holding a valid license issued by the board.

"Maintenance" or "maintain" means, unless otherwise provided in local ordinance, (i) performing adjustments to equipment and controls or (ii) in-kind replacement of normal wear and tear parts that do not require a construction permit for adjustment or replacement of the component, such as light bulbs, fuses, filters, pumps, motors, sewer lines, conveyance lines, distribution boxes, header lines, or other similar components. Maintenance includes pumping the tanks or cleaning the building sewer on a periodic basis. Notwithstanding any local ordinance, "maintenance" does not include replacement of tanks, drainfield piping, subsurface drainfields, or work requiring a construction permit and a licensed onsite sewage system installer. Unless otherwise prohibited by local ordinance, a conventional onsite sewage system installer or an alternative onsite sewage system installer may perform maintenance work limited to in-kind replacement of light bulbs, fuses, filters, pumps, sewer lines, conveyance lines, distribution boxes, and header lines.

"Master" means an individual who possesses the minimum skills and competency to install or maintain onsite sewage systems or evaluate soil sites as suitable for conventional and alternative onsite sewage systems and to design conventional and alternative onsite sewage systems.

"Operate" means the act of (i) placing into or taking out of service a unit process or (ii) making or causing adjustments in the operation of a unit process at a treatment works.

"Profession" means the practice of onsite soil evaluation, onsite sewage system installation, and onsite sewage system operation and maintenance.

"Professional" means an onsite sewage system installer, onsite sewage system operator, or onsite soil evaluator who is licensed pursuant to the provisions of this chapter and is in good standing with the board to practice the profession in the Commonwealth.

"Renewal" means the process and requirements for periodically approving the continuance of a license.

"Sewage" means water-carried and nonwater-carried human excrement or kitchen, laundry, shower, bath, or lavatory wastes separately or together with such underground, surface, storm, or other water and liquid industrial wastes as may be present from residences, buildings, vehicles, industrial establishments, or other places.

"Training credit" means a unit of board-approved training or formal education completed by an individual that may be used to substitute for experience when applying for a license.

"Treatment works" means any device or system used in the storage, treatment, disposal, or reclamation of sewage or combinations of sewage and industrial wastes, including pumping, power, and other equipment and appurtenances, septic tanks and any works, including land, that are or will be (i) an integral part of the treatment processes or (ii) used for ultimate disposal of residues or effluent resulting from such treatment.

"VDH" means the Virginia Department of Health.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 34, Issue 26, eff. September 19, 2018; Volume 42, Issue 7, eff. December 17, 2025.

Part II Entry

18VAC160-40-20 Application procedures

A. All applicants seeking licensure must submit an application with the appropriate fee in 18VAC160-40-40. Applications will be made on forms provided by the board or the board's agent.

By submitting the application form and fee to the department, the applicant certifies that the applicant has read and understands the applicable statutes and the board's regulations.
The receipt of an application and the deposit of fees by the board does not indicate approval of the application by the board.

B. The board may make further inquiries and investigations with respect to the applicant's qualifications to confirm or amplify information supplied. All applications must be completed in accordance with the instructions contained in this section and on the application. Applications will not be considered complete until all required documents are received by the board. If an examination is required for licensure, the applicant will not be permitted to sit for the applicable board-approved examination until the application is complete and approved.

C. The applicant will be notified within 30 days of the board's receipt of an initial application if the application is incomplete. An individual who fails to complete the process within 12 months of receipt of the application in the board's office must submit a new application. If applicable, the applicant has 24 months from approval of the application to pass the board-approved examination. Failure to pass the board-approved examination within 24 months of approval will result in the applicant being required to submit a new application to be considered for licensure.

D. The applicant must immediately report all changes in information supplied with the application, if applicable, prior to the issuance of the license or expiration of the application or examination period.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-30 General fee requirements

All fees are nonrefundable and will not be prorated. The date on which the fee is received by the department or the department's agent will determine whether the fee is on time.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-40 Fee schedule

Fees for an onsite sewage system professional license are as provided in this section.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 34, Issue 7, eff. January 1, 2018; Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-50 Examination fee

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-60 General requirements for licensure

A. In addition to the specific qualifications for each profession, class, and category of licensure, each applicant for licensure must meet the requirements provided in this section.

B. The applicant must be at least 18 years old.

C. The applicant must provide an address, which will serve as the address of record. A post office box is only acceptable as the address of record when a physical address is also provided.

D. In accordance with § 54.1-204 of the Code of Virginia, each applicant must disclose the following information:

All felony convictions that occurred within 20 years of the date of application.
All misdemeanor convictions involving lying, cheating, or stealing that occurred within three years of the date of application.

E. The applicant must report any action taken by any board or administrative body in any jurisdiction against a professional or occupational license, certification, or registration issued to the applicant, to include any suspension, revocation, or surrender of a license, certification, or registration, imposition of a monetary penalty, or requirement to take remedial education or other corrective action. The board in its discretion may deny licensure to any applicant for any prior action taken by any board or administrative body in any jurisdiction. The applicant has the right to request further review of any such action by the board under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

F. The applicant for licensure must be in compliance with the standards of conduct and practice set forth in Part IX (18VAC160-40-440 et seq.) of this chapter at the time of application, while the application is under review by the board, and at all times when the license is in effect.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 38, Issue 6, eff. December 8, 2021; Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-70 Education and training for experience

A. Each individual applying for a license may receive credit for up to half of the required experience for:

Satisfactory completion of postsecondary courses in wastewater, biology, chemistry, geology, hydraulics, hydrogeology, engineering, environmental science, agronomy, earth science, environmental health, or soil science at the rate of one month per semester hour or two-thirds of a month per quarter hour; or
Satisfactory completion of board-approved onsite sewage system installer, onsite sewage system operator, or onsite soil evaluation training courses. Up to one training credit will be awarded for each 10 hours of classroom contact time or for each 20 hours of laboratory exercises and field trip contact time. Training credit will not be earned for breaks, meals, or receptions. A training credit awarded is equivalent to one month of experience.

B. Education used to meet the education requirements to qualify for licensure may not be substituted for experience.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-80 Examination procedures and conduct

A. In those instances where an applicant is required to take an examination for licensure, the board will notify the applicant of the applicant's eligibility to take the applicable examination upon approval of the application.

B. An applicant who does not receive a passing score within 24 months after the date of approval of the application by the board to sit for the examination must submit a new application and meet entry requirements in effect at the time of the submittal of the new application.

C. The applicant must follow all rules established by the board with regard to conduct at the examination. Such rules will include written instructions communicated prior to the examination date and instructions communicated at the site on the date of the examination. Failure to comply with all rules established by the board and the testing organization with regard to conduct at the examination will be grounds for denial of the application, voiding of examination scores, or any combination thereof.

D. A passing examination score received by an applicant is valid for a period of 10 years from the date of the examination.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025; Errata, 42:11 VA.R. 1475 January 12, 2026.

18VAC160-40-90 Individuals certified or licensed in another jurisdiction

Any applicant holding an active, current license or certificate in another jurisdiction must meet the requirements of this chapter, including having equivalent experience and education. The applicant must pass the appropriate board-approved examination to become licensed in those instances where an examination for licensure is required.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-100 Full-time experience or equivalent

For the purpose of this chapter, experience requirements are expressed in terms of calendar periods of full-time employment as an operator, installer, or onsite soil evaluator in the same class for which licensure is sought.

A year of full-time employment is defined as a minimum of 1,760 hours during a 12-month period or a minimum of 220 workdays in a 12-month period. A workday is defined as performing or assisting in the duties of an installer, operator, or onsite soil evaluator to the extent required for the proper installation or maintenance of onsite sewage systems or the evaluation of soil and soil properties for suitability as locations for onsite sewage systems. More than 1,760 hours or 220 workdays during a 12-month period will not be considered as more than one year of full-time employment.
Partial credit may be given for actual hours of work experience if the applicant works less than full time.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-105 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; repealed, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

Part III Onsite Sewage System Installers

18VAC160-40-110 License required

A. No individual may install a conventional or alternative onsite sewage system without a valid onsite sewage system installer license issued by the board in the appropriate class.

B. A journeyman onsite sewage system installer must work under the direct supervision of a licensed master onsite sewage system installer with the appropriate class of license. A master onsite sewage system installer is responsible for supervising the provision of onsite sewage system installations by any journeyman onsite sewage system installers under the master onsite sewage system installer's direct supervision. A master alternative onsite sewage system installer licensee may supervise a journeyman conventional onsite sewage system installer licensee.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-115 Documented qualifying experience for onsite sewage system installers

A. All qualifying experience submitted by an applicant in accordance with this part must be verified by one or more of the following:

Master conventional or alternative onsite soil evaluator;
Master conventional or alternative onsite sewage system installer;
Master conventional or alternative onsite sewage system operator;
Professional engineer;
VDH permitting or inspection official;
Professional geologist;
DEQ wastewater official; or
For experience gained outside of Virginia, an equivalent credential to these licenses.

B. Experience used to qualify for licensure cannot be verified by a journeyman onsite sewage system installer.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-120 Qualifications for journeyman conventional onsite sewage system installer licenses

An applicant for licensure as a journeyman conventional onsite sewage system installer must furnish acceptable documentation that one of the following qualifications has been met:

| | Prerequisites | Exam Required | | Documented Qualifying Experience | | --- | --- | --- | --- | --- | | 1. | Employee, owner, director, or officer of a properly licensed contractor with a conventional sewage disposal system contracting ( CDS) or alternative sewage disposal system contracting (ADS) specialty issued by the Virginia Board for Contractors | No | | Six months of full-time experience assisting with the installation of conventional or alternative onsite sewage systems | | 2. | Master conventional or alternative onsite sewage system operator license or journeyman conventional or alternative onsite sewage system operator license | No | | Three months of full-time experience operating conventional or alternative onsite sewage systems | | 3. | None | No | | One year of full-time experience assisting with the installation of conventional or alternative onsite sewage systems |

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-130 Qualifications for master conventional onsite sewage system installer licenses

An applicant for licensure as a master conventional onsite sewage system installer must furnish acceptable documentation that one of the following qualifications has been met:

| | Prerequisites | Exam Required | Education Required | Documented Qualifying Experience | | --- | --- | --- | --- | --- | | 1. | Employee, owner, director, or officer of a properly licensed contractor with a conventional sewage disposal system contracting ( CDS) or alternative sewage disposal system contracting (ADS) specialty issued by the Virginia Board for Contractors | Yes | 20 hours of training approved by the board covering basic installation of conventional or alternative onsite sewage systems | Six months of full-time experience installing conventional or alternative onsite sewage systems | | 2. | Employee, owner, director, or officer of a properly licensed contractor with a conventional sewage disposal system contracting ( CDS) or alternative sewage disposal system contracting (ADS) specialty issued by the Virginia Board for Contractors | Yes | No | One year of full-time experience installing conventional or alternative onsite sewage systems | | 3. | Journeyman conventional or alternative onsite sewage system installer license | Yes | 20 hours of training approved by the board covering basic installation of conventional or alternative onsite sewage systems | Three months of full-time experience installing conventional or alternative onsite sewage systems | | 4. | Journeyman conventional or alternative onsite sewage system installer license | Yes | No | Six months of full-time experience installing conventional or alternative onsite sewage systems | | 5. | Master conventional or alternative onsite sewage system operator license | Yes | No | Three months of full-time experience installing conventional or alternative onsite sewage systems | | 6. | None | Yes | No | Two years of full-time experience installing conventional or alternative onsite sewage systems |

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; Errata, 33:16 VA.R. 1944 April 3, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-140 Qualification for exemption from examination for master conventional onsite sewage system installer applicants

A. Applicants seeking licensure as a master conventional onsite sewage system installer may be exempt from the examination, provided that the applicant meets the requirements of 18VAC160-40-60 and provides documentation acceptable to the board of one of the following:

The applicant has completed a minimum of 40 hours of board-approved training and has been actively engaged in performing the duties of a conventional onsite sewage system installer for at least six years immediately preceding application; or
The applicant has been actively engaged in performing the duties of a conventional onsite sewage system installer for at least 10 years immediately preceding application.

B. Documentation of qualifying experience may be verified by a master conventional or alternative onsite soil evaluator, a master conventional or alternative onsite sewage system installer, a master conventional or alternative onsite sewage system operator, a professional engineer, an authorized onsite soil evaluator, VDH permitting or inspection official, professional geologist, DEQ wastewater official, or, for experience gained outside of Virginia, an equivalent credential to these licenses.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Reserved Virginia Register Volume 33, Issue 11, eff. April 1, 2017; derived from Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-150 Qualifications for journeyman alternative onsite sewage system installer licenses

An applicant for licensure as a journeyman alternative onsite sewage system installer must furnish acceptable documentation that one of the following qualifications has been met:

| | Prerequisites | Exam Required | | Documented Qualifying Experience | | --- | --- | --- | --- | --- | | 1. | Employee, owner, director, or officer of a properly licensed contractor with an alternative sewage disposal system contracting ( ADS) specialty issued by the Virginia Board for Contractors | No | | One year of full-time experience assisting with the installation of alternative onsite sewage systems | | 2. | Master alternative onsite sewage system operator license or journeyman alternative onsite sewage system operator license | No | | Three months of full-time experience assisting with the installation of alternative onsite sewage systems | | 3. | None | No | | 18 months of full-time experience assisting with the installation of alternative onsite sewage systems |

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-160 Qualifications for master alternative onsite sewage system installer licenses

An applicant for licensure as a master alternative onsite sewage system installer must furnish acceptable documentation that one of the following qualifications has been met:

| | Prerequisites | Exam Required | Education Required | Documented Qualifying Experience | | --- | --- | --- | --- | --- | | 1. | Employee, owner, director, or officer of a properly licensed contractor with an alternative sewage disposal system contracting ( ADS) specialty issued by the Virginia Board for Contractors | Yes | No | Two years of full-time experience installing alternative onsite sewage systems | | 2. | Employee, owner, director, or officer of a properly licensed contractor with an alternative sewage disposal system contracting ( ADS) specialty issued by the Virginia Board for Contractors | Yes | 20 hours of training approved by the board covering the basic installation of alternative onsite sewage systems | 18 months of full-time experience installing alternative onsite sewage systems | | 3. | No | Yes | 20 hours of training approved by the board covering basic installation of alternative onsite sewage systems | 30 months of full-time experience installing alternative onsite sewage systems | | 4. | I Master conventional onsite sewage system installer or journeyman alternative onsite sewage system installer license | Yes | No | One year of full-time experience installing alternative onsite sewage systems | | 5. | Master alternative onsite sewage system operator license | Yes | No | Three months of full-time experience installing alternative onsite sewage systems | | 6. | None | Yes | No | Three years of full-time experience installing alternative onsite sewage systems |

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

Part IV Onsite Sewage System Operators

18VAC160-40-170 License required

A. No individual may operate or maintain a conventional or alternative onsite sewage system without a valid onsite sewage system operator license issued by the board in the appropriate class.

B. A journeyman onsite sewage system operator must work under the direct supervision of a licensed master onsite sewage system operator with the appropriate class of license. A master onsite sewage system operator is responsible for supervising the operation and maintenance of the onsite sewage system by any journeyman onsite sewage system operator under the master onsite sewage system operator's responsibility. A master alternative onsite sewage system operator licensee may supervise a journeyman conventional onsite sewage system operator licensee.

C. An alternative onsite sewage system that exceeds 10,000 gallons per day design flow must have operations and maintenance performed by either (i) an individual who is licensed as both an alternative onsite sewage system operator and a Class 4 or higher wastewater works operator or (ii) an individual who is licensed as an alternative onsite sewage system operator and an individual who is licensed as a Class 4 or higher wastewater works operator who are working together pursuant to an employment relationship, contract, or other written agreement.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-175 Documented qualifying experience for onsite sewage system operators

A. All qualifying experience submitted by an applicant in accordance with this part must be verified by one or more of the following:

Master conventional or alternative onsite soil evaluator;
Master conventional or alternative onsite sewage system operator;
Master conventional or alternative onsite sewage system installer;
Professional engineer;
VDH permitting or inspection official;
Professional geologist;
DEQ wastewater official; or
For experience gained outside of Virginia, an equivalent credential to these licenses.

B. Experience used to qualify for licensure cannot be verified by a journeyman onsite sewage system operator.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-180 Qualifications for journeyman conventional onsite sewage system operator licenses

An applicant for licensure as a journeyman conventional onsite sewage system operator must furnish acceptable documentation that the following qualification has been met:

| Prerequisites | Exam Required | | Documented Qualifying Experience | | --- | --- | --- | --- | | None | No | | Six months of full-time experience assisting with the operation and maintenance of conventional or alternative onsite sewage systems |

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-190 Qualifications for master conventional onsite sewage system operator licenses

An applicant for licensure as a master conventional onsite sewage system operator must furnish acceptable documentation that one of the following qualifications has been met:

| | Prerequisites | Exam Required | Education Required | Documented Qualifying Experience | | --- | --- | --- | --- | --- | | 1. | Wastewater works operator license | Yes | No | None | | 2. | No | Yes | 10 hours of education approved by the board covering the basics of operation and maintenance of conventional onsite sewage systems | Six months of full-time experience in the operation and maintenance of conventional or alternative onsite sewage systems | | 3. | Master conventional onsite sewage system installer or journeyman alternative onsite sewage system operator license | Yes | No | Six months of full-time experience in the operation and maintenance of conventional or alternative onsite sewage systems | | 4. | No | Yes | No | Nine months of full-time experience in the operation and maintenance of conventional or alternative onsite sewage systems |

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-200 Qualification for exemption from examination for master conventional onsite sewage system operator applicants

Applicants seeking licensure as a master conventional onsite sewage system operator may be exempt from the examination provided the applicant:

Is able to satisfactorily demonstrate that the applicant has been actively engaged in performing the duties of a conventional onsite sewage system operator for at least four years immediately preceding application. Documentation of qualifying experience may be verified by a master conventional or alternative onsite soil evaluator, a master conventional or alternative onsite sewage system operator, a master conventional or alternative onsite sewage system installer, a professional engineer, an authorized onsite soil evaluator, a VDH permitting or inspection official, a professional geologist, a DEQ wastewater official, or, for experience gained outside of Virginia, an equivalent credential to these licenses; and
Meets the requirements of 18VAC160-40-60.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-210 Qualifications for journeyman alternative onsite sewage system operator licenses

An applicant for licensure as a journeyman alternative onsite sewage operator must furnish acceptable documentation that one of the following qualifications has been met:

| | Prerequisites | Exam Required | Education Required | Documented Qualifying Experience | | --- | --- | --- | --- | --- | | 1. | None | No | 20 hours of education approved by the board covering the basics of operation and maintenance of alternative onsite sewage systems | Nine months of full-time experience assisting with the operation and maintenance of alternative onsite sewage systems | | 2. | None | No | None | 18 months of full-time experience assisting with the operation and maintenance of alternative onsite sewage systems |

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-220 Qualifications for master alternative onsite sewage system operator licenses

An applicant for licensure as a master alternative onsite sewage system operator must furnish acceptable documentation that one of the following has been met:

| | Prerequisites | Exam Required | Education Required | Documented Qualifying Experience | | --- | --- | --- | --- | --- | | 1. | Held or holds a master conventional onsite sewage system operator license | Yes | Eight hours of training approved by the board covering the basics of operation and maintenance of alternative onsite sewage systems | One year of full-time experience in the operation and maintenance of alternative onsite sewage systems | | 2. | Held or holds a master or journeyman conventional onsite sewage system operator license | Yes | No | 18 months of full-time experience in the operation and maintenance of alternative onsite sewage systems | | 3. | None | Yes | 16 hours of training approved by the board covering the basics of operation and maintenance of alternative onsite sewage systems | Two years of full-time experience in the operation and maintenance of alternative onsite sewage systems | | 4. | Wastewater works operator license | Yes | No | Six months of full-time experience in the operation and maintenance of alternative onsite sewage systems | | 5. | Wastewater works operator license | Yes | 16 hours of training approved by the board in basics of operation and maintenance of alternative onsite sewage systems | No |

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

Part V Onsite Soil Evaluator

18VAC160-40-230 License required

A. Notwithstanding the provisions of Chapter 4 (§ 54.1-400 et seq.) of Title 54.1 of the Code of Virginia, no individual may perform the duties of an onsite soil evaluator without possessing a valid license issued by the board.

B. A journeyman onsite soil evaluator must work under the direct supervision of a master onsite soil evaluator with the appropriate class of license. A master onsite soil evaluator of an equal or greater class is responsible for supervising the provision of onsite soil evaluations and designs by any journeyman onsite soil evaluator under the master onsite soil evaluator's responsibility.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-235 Documented qualifying experience for onsite soil evaluators

A. All qualifying experience submitted by an applicant in accordance with this part must be verified by one or more of the following:

Master conventional or alternative onsite soil evaluator;
Master conventional or alternative onsite sewage system installer;
Master conventional or alternative onsite sewage system operator;
Professional engineer;
VDH permitting or inspection official;
Professional geologist;
DEQ wastewater official; or
For experience gained outside of Virginia, an equivalent credential to these licenses.

B. Experience used to qualify for licensure cannot be verified by a journeyman onsite soil evaluator.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-240 Qualifications for journeyman conventional onsite soil evaluator licenses

An applicant for licensure as a journeyman conventional onsite soil evaluator must furnish acceptable documentation that one of the following has been met:

| | Prerequisites | Exam Required | Education Required | Documented Qualifying Experience | | --- | --- | --- | --- | --- | | 1. | Professional soil scientist license | No | No | No | | 2. | No | No | No | 18 months of full-time experience assisting in the evaluation of site and soil conditions and design of conventional onsite sewage systems | | 3. | No | No | VDH onsite sewage system training program | One year of full-time experience assisting in the evaluation of site and soil conditions and design of conventional onsite sewage systems |

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-250 Qualifications for master conventional onsite soil evaluator licenses

An applicant for licensure as a master conventional onsite soil evaluator must furnish acceptable documentation that one of the following qualifications has been met:

| | Prerequisites | Exam Required | Education Required | Documented Qualifying Experience | | --- | --- | --- | --- | --- | | 1. | No | Yes | Master's or bachelor's degree | Two years of full-time experience evaluating site and soil conditions and designing conventional onsite sewage systems | | 2. | No | Yes | Associate's degree | 30 months of full-time experience evaluating site and soil conditions and designing conventional onsite sewage systems | | 3. | No | Yes | VDH onsite sewage system training program | Two years of full-time experience evaluating site and soil conditions and designing conventional onsite sewage systems | | 4. | Journeyman conventional onsite soil evaluator | Yes | No | Two years of full-time experience evaluating site and soil conditions and designing conventional onsite sewage systems | | 5. | Professional soil scientist license | Yes | No | One year of full-time experience evaluating site and soil conditions and designing conventional onsite sewage systems |

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-260 Qualifications for journeyman alternative onsite soil evaluator licenses

An applicant for licensure as a journeyman alternative onsite soil evaluator must furnish acceptable documentation that one of the following qualifications has been met:

| | Prerequisites | Exam Required | Education Required | Documented Qualifying Experience | | --- | --- | --- | --- | --- | | 1. | Professional soil scientist license | No | No | One year of full-time experience assisting in the evaluation of site and soil conditions and design of alternative onsite sewage systems | | 2. | Possess or held a valid conventional onsite soil evaluator license | No | No | One year of full-time experience assisting in the evaluation of site and soil conditions and design of alternative onsite sewage systems | | 3. | No | No | VDH onsite sewage system training program | One year of full-time experience assisting in the evaluation of site and soil conditions and design of alternative onsite sewage systems | | 4. | No | No | No | Two years of full-time experience assisting in the evaluation of site and soil conditions and design of alternative onsite sewage systems |

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; Errata, 33:15 VA.R. 1905 March 20, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-270 Qualifications for master alternative onsite soil evaluator licenses

An applicant for licensure as a master alternative onsite soil evaluator must furnish acceptable documentation that one of the following qualifications has been met:

| | Prerequisites | Exam Required | Education Required | Documented Qualifying Experience | | --- | --- | --- | --- | --- | | 1. | No | Yes | Master's or bachelor's degree | Two years of full-time experience evaluating site and soil conditions and designing alternative onsite sewage systems | | 2. | No | Yes | Associate's degree | 30 months of full-time experience evaluating site and soil conditions and designing alternative onsite sewage systems | | 3. | No | Yes | VDH onsite sewage system training program | Two years of full-time experience evaluating site and soil conditions and designing alternative onsite sewage systems | | 4. | Held or holds a master conventional onsite soil evaluator license or a journeyman alternative onsite soil evaluator license | Yes | No | 18 months of full-time experience evaluating site and soil conditions and designing alternative onsite sewage systems | | 5. | No | Yes | No | Three years of full-time experience evaluating site and soil conditions and designing alternative onsite sewage systems | | 6. | Professional soil scientist license | Yes | No | Two years of full-time experience evaluating site and soil conditions and designing alternative onsite sewage systems |

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-275 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; repealed, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-280 Acceptable degree programs and verification procedures

A. Applicants seeking to qualify for licensure based on completion of an associate's, bachelor's, or master's degree must submit an official transcript from the school where the applicable degree was obtained. Only a degree from an accredited college or university that is approved or accredited by the Commission on Colleges of the Southern Association of Colleges and Schools, a regional or national accreditation association, or by an accrediting agency that is recognized by the U.S. Secretary of Education will be considered. The following degrees will be considered to qualify in accordance with 18VAC160-40-250 and 18VAC160-40-270:

Bachelor's, master's, or associate's degree in soil science, biology, chemistry, engineering, engineering technology, environmental science, geology, agronomy, earth science, environmental health, wastewater works, or applied sciences.
Bachelor's degree in a related physical, biological, environmental, or chemical science that includes a minimum of 40 semester credit hours in any combination of science and math.

B. Any applicant who has earned a degree from an institution outside of the United States must have the degree authenticated and evaluated by an education credential evaluation services. The board reserves the right to reject any evaluation submitted by the applicant.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

Part VI Renewal and Reinstatement

18VAC160-40-290 Renewal required

A license will expire two years from the last day of the month in which it was issued.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-295 Procedures for renewal

A. Prior to the expiration date shown on the license, the board will send a renewal notice to the licensee's address of record.

B. Prior to the expiration date shown on the license, a licensee desiring to renew a license must return to the board a renewal notice and the applicable renewal fee specified in 18VAC160-40-40.

C. Failure to receive a renewal notice from the board does not relieve the licensee of the obligation to renew.

D. By submitting the renewal fee, the licensee is affirming that the continuing professional education requirements of 18VAC160-40-330 have been met and that the licensee is in continued compliance with this chapter.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-300 Reinstatement

A. If all the requirements for renewal of the license as provided in 18VAC160-40-290 are not completed by the licensee within 30 days after the expiration date on the license, reinstatement of the license will be required.

B. A license may be reinstated for up to 24 months following the expiration date of the license upon submittal of the reinstatement application consisting of (i) payment of the reinstatement fee specified in 18VAC160-40-40 and (ii) proof of CPE in accordance with 18VAC160-40-330. After 24 months, the license will not be reinstated under any circumstances, and the individual must apply as a new applicant and meet entry requirements current at the time of submittal of the new application.

C. By submitting the reinstatement application, the individual is affirming that the individual is in continued compliance with this chapter.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-310 Status of license during period prior to reinstatement

A. A licensee who reinstates a license will be regarded as having been continuously licensed without interruption. The licensee will remain under and be subject to the disciplinary authority of the board during the entire period.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-320 Board discretion to deny renewal or reinstatement

A. The board may deny renewal or reinstatement of license for the same reasons as the board may refuse initial licensure or discipline a licensee. The licensee has the right to request further review of any such action by the board under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

B. The board may deny renewal or reinstatement of a licensee if the licensee has been subject to a disciplinary proceeding by the board and has not met the terms of an agreement for licensure, has not satisfied all sanctions, or has not fully paid monetary penalties and costs imposed by the board.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

Part VII Continuing Professional Education

18VAC160-40-330 Continuing professional education

A. Each licensee must complete the following number of continuing professional education (CPE) contact hours during each renewal cycle. CPE provisions do not apply for the renewal of licenses that were held for less than two years on the date of expiration.

| License Type | CPE Contact Hours Required | | --- | --- | | 1. Master alternative onsite soil evaluator | 14 | | 2. Master alternative onsite sewage system installer | 14 | | 3. Master alternative onsite sewage system operator | 14 | | 4. Master conventional onsite soil evaluator | 10 | | 5. Master conventional onsite sewage system installer | 10 | | 6. Master conventional onsite sewage system operator | 6 | | 7. Journeyman alternative onsite soil evaluator | 6 | | 8. Journeyman alternative onsite sewage system installer | 6 | | 9. Journeyman alternative onsite sewage system operator | 6 | | 10. Journeyman conventional onsite soil evaluator | 4 | | 11. Journeyman conventional onsite sewage system installer | 4 | | 12. Journeyman conventional onsite sewage system operator | 4 |

B. The licensee may request additional time to meet the CPE requirement. However, CPE courses completed during a current license renewal cycle to satisfy the CPE requirements of the preceding licensing renewal cycle will be valid only for that preceding license renewal cycle and will not be accepted for subsequent renewal cycles. The grant of any request for additional time to meet the CPE requirement is at the discretion of the board.

C. The licensee will not receive credit for completing the same CPE course with the same content more than once during a license renewal cycle.

D. A licensee may receive CPE credit for teaching a course that otherwise meets the requirements of this chapter; however, additional credit will not be given for subsequent offering of a course or activity with the same content within the same renewal cycle. In addition, a licensee may receive two hours of CPE no more than once during a single renewal cycle for the initial development or substantial updating of a CPE course.

E. For all licenses, safety subjects will not count for more than one-fourth of the total required CPE hours.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; Errata, 33:13 VA.R. 1821 February 20, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-340 CPE subject matter for onsite sewage system installers

The following course topics will be accepted for CPE credit for onsite sewage system installers:

Sewage system installation;
Operating and maintaining equipment;
Security and safety procedures;
General science, mathematical, and electrical principles;
Administrative knowledge and procedures applicable to the profession;
Laws and regulations applicable to the profession; and
Monitoring, evaluating and adjusting treatment processes (alternative onsite sewage system installers only).

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-350 CPE subject matter for onsite sewage system operators

The following course topics will be accepted for CPE credit for onsite sewage system operators:

Onsite system operations;
Monitoring, evaluating, and adjusting treatment processes;
Operating and maintaining equipment;
Security and safety procedures;
General science, mathematical, and electrical principles;
Administrative knowledge applicable to the profession; and
Laws and regulations applicable to the profession.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-360 CPE subject matter for onsite soil evaluators

The following course topics will be accepted for CPE credit for onsite soil evaluators:

Site and soil evaluations;
Security and safety procedures;
Mapping, cartography, and geographic information systems;
System design;
Inspections;
General science and mathematical principles;
Administrative knowledge and procedures applicable to the profession; and
Laws and regulations applicable to the profession.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-365 CPE courses on management and supervision principles

In addition to the topics provided in 18VAC160-40-340, 18VAC160-40-350, and 18VAC160-40-360, a master licensee may receive a maximum of four contact hours of CPE credit for completion of training in management and supervision principles.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-370 Use of training credits and formal education for CPE credit

Any course approved by the board for substitution as training credits or formal education semester hours, as provided for in 18VAC160-40-70 or 18VAC160-40-280, will also be acceptable on an hour-for-hour basis for CPE contact hours. One semester hour of college credit will equal 15 CPE contact hours, and one-quarter hour of college credit will equal 10 CPE contact hours. The training credits or formal education must be applicable to the license for which CPE credit is sought.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-380 Maintenance of CPE

A. Each licensee must maintain evidence of the satisfactory completion of CPE for a period of at least two years following the end of the license renewal cycle for which the CPE was taken. Such documentation must be provided to the board or its duly authorized agents upon request. The following will be maintained to document completion of the required CPE:

Evidence of completion that contains the name, address, and telephone number of the sponsor;
The dates the licensee participated in the training;
Description of the subject matter presented; and
A statement from the sponsor verifying the number of CPE contact hours completed.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-385 Training courses, generally

In accordance with 18VAC160-40-70 A 2, training courses approved by the board may be substituted for experience. All training courses must be approved by the board in accordance with the provisions of this part. Training courses may be delivered in person or using distance, virtual, or online education technology. Training courses may be approved retroactively; however, no applicant will receive credit for the training course until such approval is granted by the board. Training courses that meet the requirements of 18VAC160-40-430 may be accepted for substitution of experience without approval by the board.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

Part VIII Training Course Approval

18VAC160-40-390 Approval of training courses

A training provider seeking approval of a training course must submit an application for training course approval on a form provided by the board. The application must include:

The name of the training provider;
Provider contact person, address, and contact information;
Training course title;
Identification of the profession, category, and class of license to which the course is applicable;
Method of delivery;
Detailed course schedule, including begin and end times, and a list of planned breaks;
Instructor qualifications, including name, license number, if applicable, and a list of trade-appropriate designations, as well as a professional resume with a summary of teaching experience and subject matter knowledge and qualifications acceptable to the board;
Training course syllabus or outline;
Materials to be provided to participants; and
A description of the means that will be used to assess the learning of each participant to determine successful completion of the training course, such as examinations, projects, personal evaluations by the instructor, or other recognized evaluation techniques.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; Errata, 33:15 VA.R. 1905 March 20, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-400 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; repealed, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-410 Maintenance of records

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-415 Reporting of changes

Any change in the information provided in 18VAC160-40-390 must be reported to the board within 90 days of the change. Any change in information submitted will be reviewed to ensure compliance with the provisions of this chapter.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-420 Withdrawal of approval

The board may withdraw approval of a training course for the following reasons:

The course being offered no longer meets the standards established by the board.
The provider, through an agent or otherwise, advertises its services in a fraudulent or deceptive way.
The provider, instructor, contact person, or designee of the provider falsifies any information relating to the application for approval, course information, or participant records.
The training course provider fails to provide the participant with documentation of course completion showing the hours completed, the date of training, and the training course identification number assigned by the board.
There is a change in the information regarding the training course, if the change results in noncompliance with this part.
The provider fails to comply with 18VAC160-40-415.
The provider fails to respond to the board or any of its agents.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-425 Board authority to audit approved training courses

The board may conduct an audit of any board-approved training course provider to ensure continued compliance with this chapter.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-430 Acceptance of training courses offered by certain entities

A. Training courses provided by (i) federal, state, or local government agencies; (ii) accredited colleges or universities approved or accredited by the Commission on Colleges of the Southern Association of Colleges and Schools; (iii) a regional or national accreditation association; or (iv) an accrediting agency that is recognized by the U.S. Secretary of Education will be accepted for experience substitution, provided the training course information submitted to the board includes the following:

The course must include the continuing education hours awarded by the entity.
The course must be related to the profession, category, or class, if applicable, for which experience substitution is sought.

B. The board may require additional information from the provider as necessary to ensure compliance with this section. If such assurance cannot be made by the board, the training course may not be used for experience substitution, or the provider may pursue board approval pursuant to this chapter.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

Part IX Standards of Practice and Conduct

18VAC160-40-440 Grounds for disciplinary action

The board may impose a monetary penalty in accordance in § 54.1-202 A of the Code of Virginia; revoke, suspend, or refuse to renew any license; or place a licensee on probation in accordance with § 54.1-201 A 7 of the Code of Virginia when the licensee has been found to have violated or cooperated with others in violating any provision of the regulations of the board or Chapter 23 (§ 54.1-2300 et seq.) of Title 54.1 of the Code of Virginia.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-450 Maintenance of license

A. No license issued by the board may be assigned or otherwise transferred.

B. A licensee must report to the board, in writing, any change of the following:

The licensee's legal name. Such report must be accompanied by documentation acceptable to the board that verifies the name change.
The licensee's address, to include the physical address when applicable.

C. A change in name or address must be reported to the board within 60 days of the change. The board is not responsible for the licensee's failure to receive notices, communications, or correspondence caused by the licensee's failure to report to the board any change of address.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-460 Notice of adverse action

A. A licensee must notify the board of the following actions against the licensee.

Any disciplinary action taken by any jurisdiction, board, or administrative body of competent jurisdiction, including any reprimand, revocation, suspension or denial of a license, certificate, or registration, imposition of a monetary penalty, requirement to take remedial education, or other corrective action.
Any voluntary surrendering of a license, certificate, or registration done in connection with a disciplinary action taken by any jurisdiction, board, or administrative body.
Any conviction, finding of guilt, or plea of guilty, regardless of adjudication or deferred adjudication, in any jurisdiction of the United States of any misdemeanor, except marijuana convictions, or of any felony, there being no appeal pending therefrom or the time for appeal having lapsed. Review of convictions will be subject to the requirements of § 54.1-204 of the Code of Virginia.

B. The notice must be given to the board, in writing, within 30 days of the action. A copy of the order or other supporting documentation must accompany the notice.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 38, Issue 6, eff. December 8, 2021; Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-470 Prohibited acts

The following acts are prohibited and any violation may result in disciplinary action by the board:

Violating, inducing another to violate, cooperating with another to violate, or combining or conspiring with or acting as agent, partner, or associate for another to violate any of the provisions of Chapter 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), 3 (§ 54.1-300 et seq.), or 23 (§ 54.1-2300 et seq.) of Title 54.1 of the Code of Virginia, or any of the regulations of the board.
Obtaining or attempting to obtain a license by false or fraudulent representation, or maintaining, renewing, or reinstating a license by false or fraudulent representation.
Failure to report a change pursuant to 18VAC160-40-450.
A licensee having been convicted or found guilty in any jurisdiction or having been disciplined by any jurisdiction, board, or administrative body in any jurisdiction of any offense or violation enumerated in 18VAC160-40-460. Review of convictions will be subject to the requirements of § 54.1-204 of the Code of Virginia.
Failing to inform the board in writing within 30 days that the licensee was convicted or found guilty in any jurisdiction or disciplined by any jurisdiction, board, or administrative body of any offense or violation enumerated in 18VAC160-40-460.
Failure to comply with the requirements of 18VAC160-40-480.
Actions constituting negligence, misconduct, or incompetence in the practice of the profession, including:

a. Having undertaken to perform or performed a professional assignment that the licensee is not qualified to perform by education, experience, training, or appropriate class or category of licensure.

b. Not demonstrating reasonable care, judgment, or application of the required knowledge, skill, and ability in the performance of the licensee's duties.

c. Failure to adequately supervise and review work performed by unlicensed employees or journeyman licensees under the direct supervision of a master licensee.

d. Failure to obtain any permit, approval, or other document required by VDH related to the design, installation, repair, or operation of an onsite sewage system.

e. Failure to act when providing professional services in a manner that safeguards the interests of the public.

Actions constituting engaging in improper, fraudulent, or dishonest conduct, including:

a. Making any misrepresentation or engaging in acts of fraud or deceit in advertising, soliciting, or in providing professional services.

b. Knowingly signing plans, drawings, reports, specifications, maps, or other documents related to an onsite sewage system that are not prepared or reviewed and approved by the licensee.

c. Knowingly misrepresenting factual information when expressing a professional opinion.

d. Allowing a license issued by the board to be used by another.

Failure to comply with the requirements of 18VAC160-40-500.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-480 Conflicts of interest

The licensee must:

Promptly and fully inform an employer or client of any interest, circumstance, or business association that may influence the licensee's judgment or the quality of service.
Not accept compensation, financial or otherwise, from more than one party for services on or pertaining to the same project, unless the circumstances are fully disclosed to, and agreed to by, all interested parties in writing.
Neither solicit nor accept financial or other valuable consideration from material or equipment suppliers for specifying their products or services, unless the circumstances are fully disclosed to and agreed to by all interested parties in writing.
Not solicit or accept gratuities, directly or indirectly, from contractors, contractor agents, or other parties dealing with a client or employer in connection with work for which the licensee is responsible, unless the circumstances are fully disclosed to and agreed to by all interested parties in writing.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-490 Licensee responsibility

A. The primary obligation of the licensee is to the public. If the licensee's judgment is overruled and not adhered to when advising appropriate parties of circumstances of a substantial threat to the public health, safety, or welfare, the licensee must inform the employer and client, as applicable, of the possible consequences and notify appropriate authorities.

B. The licensee must sign, date, and include the licensee's license number on all final work products prepared or reviewed and approved by the licensee. For work products performed by a journeyman licensee, the master licensee providing direct supervision shall sign, date, and include the licensee's license number, along with the journeyman's signature, date, and license number on the final work product. A journeyman licensee will not submit a work project as final without the applicable master licensee's signature, date, and license number.

C. The licensee will not knowingly associate in a business venture with, or permit the use of the licensee's name by, any person or firm where there is reason to believe that person or firm is engaging in activity of a fraudulent or dishonest nature or is violating any law or regulation of the board.

D. A licensee who has direct knowledge that another individual or firm may be violating any of the provisions of this chapter or the provisions of Chapter 23 (§ 54.1-2300 et seq.) of Title 54.1 of the Code of Virginia must immediately inform the board in writing and shall cooperate in furnishing any further information or assistance that may be required.

E. Except as provided in subsection F of this section, a licensee will not utilize the evaluations, design, drawings, or work of another licensee without the knowledge and written consent of the licensee or organization of ownership that originated the design, drawings, or work.

F. A licensee who relies on information in VDH files or has received permission to modify or otherwise utilize the evaluation, design, drawings, or work of another licensee pursuant to subsection E of this section or this subsection may certify that work only after a thorough review of the evaluation, design, drawings or work and after the licensee determines that the licensee is willing to assume full responsibility for all design, drawings, or work on which the licensee relies for the licensee's opinion.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-500 Response to inquiry and provision of records

A. A licensee must respond within 10 days to a request by the board or any of the board's agents regarding any complaint filed with the department.

B. Unless otherwise specified by the board, a licensee of the board must produce to the board or any of the board's agents within 10 days of the request any document, book, or record concerning any transaction pertaining to a complaint filed in which the licensee was involved, or for which the licensee is required to maintain records. The board may extend such timeframe upon a showing of extenuating circumstances prohibiting delivery within such 10-day period.

C. A licensee will not provide a false, misleading, or incomplete response to the board or any of its agents seeking information in the investigation of a complaint filed with the board.

D. With the exception of the requirements of subsection A or B of this section, a licensee must respond to an inquiry by the board or the board's agent within 21 days.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-510 Master licensee's professional responsibilities

A. Any work performed by a journeyman regulated pursuant to Chapter 23 (§ 54.1-2300 et seq.) of Title 54.1 of the Code of Virginia and this chapter must be under the direct supervision of the master. Such master and journeyman must have an employment or written contractual relationship.

B. Each master must maintain documentation of the employment or contractual relationship with each journeyman under the master's direct supervision. Such documentation must be kept for a minimum of five years and must include, at a minimum, the beginning and ending dates of the employment or contractual relationship.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-515 Licensee responsible for regulated activities performed on site

A. For the installation of onsite sewage systems, the decision-maker and the individual executing the installation of approved permits must be licensed as a journeyman or master onsite sewage system installer in the appropriate class of license. In addition, a journeyman or master onsite sewage system installer in the appropriate class of license must be on site.

B. For operation and maintenance of onsite sewage systems, the decision-maker must be licensed as a journeyman or master onsite sewage system operator in the appropriate class of license. In addition, a journeyman or master onsite sewage system operator in the appropriate class of license must be on site where regulated activities are being performed.

C. For soil evaluation and design, the decision-maker must be licensed as a journeyman or master onsite soil evaluator in the appropriate class of license. In addition, a journeyman or master onsite soil evaluator in the appropriate class of license must be on site where regulated activities are being performed.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 7, eff. December 17, 2025.

18VAC160-40-520 Pumping of alternative onsite sewage systems by conventional onsite sewage system operators

A conventional onsite sewage system operator with the appropriate sewage handling permit issued by VDH or a local independent health department may pump an alternative onsite sewage system without the alternative onsite sewage system operator present, provided that the conventional onsite sewage system operator performs the pumping at the request and direction of the alternative onsite sewage system operator. The conventional onsite sewage system operator is only permitted to pump the tank and is not authorized to perform any other functions associated with the operation and maintenance of the alternative onsite sewage system.

History

Statutory Authority: §§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 7, eff. December 17, 2025.