A. Background

The Board for Professional and Occupational Regulation has the legislative mandate for evaluating the need for regulation of occupations and making recommendations to the Governor and members of the General Assembly.

Section 54.1-100 of the Code of Virginia (1950, as amended) cites that "no regulation shall be imposed upon any profession or occupation except for the exclusive purpose of protecting the public interest when:

1. The unregulated practice of the profession or occupation can harm or endanger the health, safety, or welfare of the public, and the potential for harm is recognizable and not remote or dependent upon tenuous argument;

2. The practice of the profession or occupation has inherent qualities peculiar to it that distinguish it from ordinary work and labor;

3. The practice of the profession or occupation requires specialized skill or training and the public needs, and will benefit, by assurances of initial and continuing professional and occupational ability; and

4. The public is not effectively protected by other means. "

B. Purpose of report

Senate Joint Resolution 134 and House Joint Resolution 181, as approved by the 1994 session of the Virginia General Assembly, requested the Board for Professional and Occupational Regulation to study the need for licensing locksmiths in the Commonwealth.

C. Methodology

The Board for Professional and Occupational Regulation, by means of public hearings and surveys to involved and interested parties, studied the nature of this occupation, its effect on public health, safety and welfare, and the feasibility of licensing this occupation. The Board's recommendations are based on an analysis of the information gathered. (See APPENDIX A and APPENDIX B for copies of the study resolutions.)