Petition to Regulate Radon Professionals

Description of the Petition for Regulation

In accordance with § 54.1-310.1 of the Code of Virginia, the Board for Professional and Occupational Regulation (“BPOR”) is conducting an analysis and evaluation on the proposed regulation of those who provide radon services. BPOR has received a petition for regulation from the Virginia Chapter of the Indoor Environments Association (“IEA”) proposing licensure of the following occupations:

1. Radon measurement professionals. Those who perform radon testing using specified types of equipment, and are responsible for the implementation, execution, and documentation of all required quality assurance or quality control procedures, and who may provide general supervision and quality assurance or quality control oversight for radon measurement field technicians.

2. Radon mitigation specialists. Those who design and install radon remediation systems, and are responsible for the implementation, execution, and documentation of all required quality management and worker safety procedures, and may provide general supervision to radon mitigation installers. Under current Virginia law, persons who conduct or offer to conduct radon screening, testing, or mitigation in Virginia must (i) be listed as a professional by either the National Radon Proficiency Program (“NRPP”) or the National Radon Safety Board (“NRSB”); or (ii) meet any other proficiency measures deemed acceptable by the U.S. Environmental Protection Agency (“EPA”) or the Virginia Board of Health for the purpose of offering screening, testing, or mitigation. Current law also establishes standards for radon screening, testing, or mitigation to which these persons must adhere.

IEA contends that regulation of radon service providers will address problems it has identified. These are (i) lack of Virginia Department of Health authority to enforce certification and standards requirements; (ii) lack of capacity by EPA-recognized national certification programs to conduct inspections in response to complaints, conduct proactive investigations to supplement public complaints, or impose sanctions; and (iii) a widespread pattern of non-compliance with standards.

A copy of the petition for regulation is available from the agency.

Description of the Study

The BPOR analysis and evaluation is being conducted in accordance with the Board for Professional & Occupational Regulation Guidelines for Evaluation of Petitions for Regulation and guided by the following criteria:

1. Risk for Harm to the Consumer. The unregulated practice of the profession or occupation will harm or endanger the public’s health, safety, or welfare. The harm is recognizable and not remote or dependent on tenuous argument. The harm results from:

  • Practices inherent in the occupation;
  • Characteristics of the clients served;
  • The setting or supervisory arrangements for the delivery of services; or
  • Any combination of these factors.

2. Specialized Skills and Training. The practice of the profession or occupation requires specialized education, and training; and the public needs assurance of competence.

3. Autonomous Practice. The functions and responsibilities of the practitioner require independent judgment, and the members of the occupational group practice autonomously.

4. Scope of Practice. The scope of practice is distinguishable from other licensed, certified, and registered professions and occupations.

5. Economic Impact. The economic costs to the public of regulating the occupational group are justified. Such costs may result from restriction of the supply of practitioners, as well as expense associated with the administration of regulatory boards or agencies.

6. Alternatives to Regulation. No alternatives to state regulation of the profession or occupation exist that adequately protect the public. Examples of methods to address the risk for public harm that do not require professional regulation include inspections, injunctions, disclosure requirements, and the strengthening of consumer protection laws and regulations.

7. Least Restrictive Regulation. If it is determined that state regulation of the occupation or profession is necessary, only the least restrictive level of occupational regulation consistent with public protection will be recommended to the Governor, the General Assembly, and Director of the Department of Professional and Occupational Regulation.

Public Comments

Public comments on the petition for regulation will be received from June 1, 2026, through July 15, 2026. Commenters may submit comments to BPOR either (i) through Virginia Regulatory Town Hall [link to TH comment forum]; or (ii) directly at:

Board for Professional and Occupational Regulation
Attn: Joseph C. Haughwout, Jr., Regulatory Affairs Manager
9960 Mayland Drive Perimeter Center, Suite 400
Richmond, VA 23233
Email: BPOR@dpor.virginia.gov

In addition, public hearings will be conducted as follows:

[ June XX, 2026 – link to TH meeting page]

Location:

Department of Professional and Occupational Regulation
9960 Mayland Drive Perimeter Center, Suite 200
Richmond, VA 23233
(In-Person Only)

[July XX, 2026 – link to TH meeting page]

Location:

Department of Professional and Occupational Regulation
9960 Mayland Drive Perimeter Center, Suite 200
Richmond, VA 23233
(In-Person and Electronic Access)

Any written comments must be received on or before Wednesday, July 15, 2026, in order to be considered by BPOR.