SD8 - Study of the Regulation of Electrologists


Executive Summary:
The Board for Professional and Occupational Regulation (Board) has the statutory authority for evaluating the need for regulation of occupations and professions, and making recommendations to the General Assembly. In making such determinations, the Board refers to Section 54.1-100 of the Code of Virginia which states:

The right of every person to engage in any lawful profession, trade or occupation of his choice is clearly protected by both the Constitution of the United States and the Constitution of the Commonwealth of Virginia. The Commonwealth cannot abridge such rights except as a reasonable exercise of its police powers when it is clearly found that such abridgment is necessary for the preservation of the health, safety and welfare of the public.

No regulation shall be imposed upon any profession or occupation except for the exclusive purpose of protecting the public interest when:

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

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

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

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

No regulation of a profession or occupation shall conflict with the Constitution of the United States, the Constitution of Virginia, the laws of the United States, or the laws of the Commonwealth of Virginia. Periodically and at least annually, all agencies regulating a profession or occupation shall review such regulations to ensure that no conflict exists.

The 1998 Session of the Virginia General Assembly adopted Senate Joint Resolution 128 and House Joint Resolution 204 that directed the Board for Professional and Occupational Regulation to study the need for regulation of electrologists. The request for this review included concerns that without proper training in the use of sterile instruments, there is a greater chance that blood-borne illness such as HIV and Hepatitis B will be spread. (See Appendix A and B for copies of Senate Joint Resolution 128 and House Joint Resolution 204.)