The Joint Legislative Audit and Review Commission (JLARC) recommended that the Board for Professional and Occupational Regulation (BPOR) review the need for continued regulation of certain professions and occupations. The purpose of this report is to:

1. Determine the appropriate level of regulation, if any, for currently licensed soil scientists, waste management facility operators, and landscape architects, and

2. Evaluate potential impacts of deregulation on currently certified common interest community manager employees, interior designers, backflow prevention device workers, and wetland delineators.

After assessing those programs against the statutory criteria enumerated in § 54.1-311 of the Code of Virginia to inform its analysis, BPOR offers the following findings and recommendations:

• Certification of soil scientists, rather than licensing, appears to be the least-restrictive degree of regulation necessary to protect the public. The General Assembly may wish to consider reverting to the system of voluntary certification (title protection) that existed prior to 2013.

• State occupational regulation of waste management facility operators is not warranted. The General Assembly may wish to consider eliminating the licensing program, and rely instead on existing facility oversight by the Virginia Department of Environmental Quality.

• Licensure of landscape architects appears justified as the least-restrictive degree of regulation necessary to protect the public. To address JLARC’s concerns about risk from unregulated occupations performing similar work under the existing regulatory framework, the General Assembly may wish to consider reserving aspects of the scope of practice only to licensed professionals.

• State occupational regulation of CIC manager employees is not warranted. If deregulated, current certified CIC manager employees would be relieved of the obligation to pay a $75 fee every two years to renew their state credential; however, compliance costs associated with national certifications include annual fees ranging from $85-$385 and completion of up to 16 hours of continuing education as a condition of renewal.

• State certification of interior designers appears justified as the least-restrictive degree of regulation necessary to protect the public. Deregulation may result in significant economic disruption for current certificate interior designers by jeopardizing their practice rights and entrepreneurship opportunities.

• State certification of backflow prevention device workers appears warranted as the least-restrictive degree of regulation necessary to protect the public. Deregulation is likely to increase compliance burdens on current certificate holders, particularly for those who work in more than one locality, and conflicts with an impending Virginia Department of Health regulatory action.

• State certification of wetland delineators appears justified as the least-restrictive degree of regulation necessary to protect the public. If deregulated, current certified professional wetland delineators would be relieved of the obligation to pay a $70 fee every two years to renew their state credential; however, compliance costs associated with national certification include a $75 annual fee, as well as a $100 renewal fee and completion of continuing education every five years.