Board for Professional and Occupational Regulation

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• Section 54.1-309 of the Code of Virginia - Board composition 
• Section 54.1-310 of the Code of Virginia - Board powers and duties
• Section 54.1-310.1 of the Code of Virginia - Petitions for regulation and review by Board
• Section 54.1-311 of the Code of Virginia - Degrees of regulation 
• Guidance Documents on Virginia Regulatory Town Hall

Sign up for email notification of regulatory action and meetings by registering here.

The Virginia Regulatory Town Hall provides access to the board's meeting schedule, agendas, and past meeting minutes.

Visit the Town Hall: https://townhall.virginia.gov/L/Meetings.cfm?BoardID=143

Visit the Reports & Studies page for additional DPOR information.

• Final Report: Evaluation of the Need to Regulate Certain Professions/Occupations as Recommended by JLARC 
• BPOR Study: Sign Language Interpreters 
• Interim Report: Evaluation of the Need to Regulate Certain Professions/Occupations as Recommended by JLARC 
• DPOR/DHP Report on HB 957 (2016): Laser Hair Removal 
• BPOR Study: Residential Building Energy Analysts  
• BPOR Study: Sign Language Interpreters/Transliterators 
• BPOR Study: Auto Body Repair Industry 
• BPOR Study: Voice Stress Analyzers 
• BPOR/DHP Report: Estheticians 
• BPOR/DHP Report: Electrologists 

How does a profession or occupation become regulated by the Commonwealth of Virginia?

Section 54.1-100 of the Code of Virginia states that the United States Constitution and the Virginia Constitution both protect the right of every person to engage in any lawful profession, trade or occupation. The Commonwealth may only regulate a profession or occupation when necessary to protect or preserve the health, safety and welfare of the public. Such regulation must be no greater than necessary to protect or preserve the public health, safety, and welfare. 

New regulation of a profession or occupation must be enacted into law by the General Assembly, and may be initiated in one of three ways: Regulation of a profession or occupation can be initiated in one of the following ways:

1. The General Assembly passes, and the Governor signs, legislation sponsored by a State Senator or Delegate establishing a regulatory program for a profession or occupation. (No study would be required.)

2. The General Assembly passes a study resolution, sponsored by a State Senator or Delegate, directing the Board for Professional and Occupational Regulation (BPOR) to evaluate the need for regulation of a profession or occupation. The creation of an actual regulatory program, however, still depends on separate action by the legislature as described above.

3. An interested party or organization submits a petition to BPOR, in accordance with the process outlined in Section 54.1-310.1, for evaluation of the need to regulate a new profession or occupation.

BPOR is a nine-member board appointed by the Governor. Section 54.1-310 grants BPOR the authority to determine whether the public interest requires that a profession or occupation be regulated. BPOR conducts public hearings, receives written comments, and uses the criteria set forth in Section 54.1-311 to determine the need for regulation. The study findings and recommendations are submitted to the Governor and the General Assembly. The General Assembly and the Governor then would need to approve a bill during the legislative session in order to establish any new regulatory program.

What are the types of regulation that can be imposed?

Section 54.1-311 outlines the different levels of regulation. The most common are registration, certification and licensure (as defined in Section 54.1-300).

Registration allows any person to engage in an occupation, but may require information concerning the location, nature and operation of the practice be submitted to a regulatory authority.

Certification is a voluntary program. Any person may engage in the profession, but only those individuals who obtain state certification can hold themselves out as a "certified" professional. A regulatory board issues a certificate on behalf of the Commonwealth to a person certifying that he possesses the character and minimum skills to engage properly in his profession or occupation. Practitioners who want to be "state certified" would be required to meet such requirements as determined by the law or regulations. Regulatory boards are given the authority to impose monetary penalties, revoke, suspend or fail to renew a certificate for regulatory violations.

Licensure means that a person may not practice a profession or occupation without meeting the regulatory authority's education, experience or examination requirements. Regulatory boards are granted the authority to impose monetary penalties, revoke, suspend or fail to renew a license for regulatory violations.

What is the authority of a regulatory board?

The legislation establishing a regulatory program for a profession or occupation may also establish a regulatory board to oversee the program. A regulatory board, unless otherwise specified by law, consists of at least five members. Two of the board members must be citizen members and the remainder must be practitioners of the profession or occupation regulated (Section 54.1-200). The powers and duties of regulatory boards (Section 54.1-201) include promulgation of regulations (to establish the qualifications and standards of practice for certification or licensure) and the authority to levy and collect fees. The regulatory board also receives complaints regarding the conduct of a licensee or certificate holder and is authorized to impose monetary penalties, revoke, suspend, or fail to renew a license or certificate for regulatory violations. The Department of Professional and Occupational Regulation provides staff to each regulatory board.

How are the fees established for a regulatory program?

DPOR and its regulatory boards are non-general fund agencies, meaning they are financed by fees on regulated professionals, not by any tax revenues. A regulatory program's revenue is provided through fees collected from regulants, and is used to pay the costs of operating the program. Estimates of direct board expenditures are developed based on the resources required to operate the program, such as staff, equipment, systems, board activities, and regulatory operations. Other operating costs are determined based on projected number of regulants and activity levels for enforcement and examination activities. Fee amounts are determined for each type of application, renewal, examination, or other regulatory fee, that in total will provide revenue that is sufficient, but not excessive, for the program's total operating and support costs. The proposed fees are included in the regulations which are promulgated in accordance with the Administrative Process Act (Chapter 40 of Title 2.2).

What is the difference between laws and regulations?

Laws are enacted by elected legislative bodies (the Virginia General Assembly). Executive branch agencies and boards write regulations to implement the laws.

The law establishes the regulatory program, creates the regulatory board and its authority, and defines the occupation or profession subject to regulation (as well as any exemptions). The regulations specify the process for registration, certification or licensure; establish the entry requirements (education, experience and/or examination); outline prohibited acts and standards of practice.

Regulations are ancillary or subordinate to laws, but both laws and regulations are enforceable. The Code of Virginia is the compilation of codified laws (also known as statutes), while the Virginia Administrative Code is the official compilation of regulations.