Be it enacted by the General Assembly of Virginia:
1. That §54.1-113 of the Code of Virginia is amended and reenacted as follows:
§54.1-113. Regulatory boards to adjust fees; certain transfer of moneys collected on behalf of health regulatory boards prohibited.
A. Following the close of any biennium, when the account for any regulatory board within the Department of Professional and Occupational Regulation maintained under §54.1-308 shows that unspent and unencumbered revenue exceeds $100,000 or 20 percent of the total expenses allocated to the regulatory board for the past biennium, whichever is greater, the regulatory board shall (i) distribute all such excess revenue to current regulants and (ii) reduce the fees levied by it for certification, licensure, registration, or permit and renewal thereof so that the fees are sufficient but not excessive to cover expenses.
B. Following the close of any biennium, when the
account for any regulatory board within the Department of Professional and
Occupational Regulation or the Department of Health Professions maintained
under § 54.1-308 or 54.1-2505 shows expenses allocated to it for the
past biennium to be more than 10 percent greater or less than moneys collected
on behalf of the regulatory board, it shall revise the fees levied by it
for certification, licensure, registration, or permit and renewal thereof so
that the fees are sufficient but not excessive to cover expenses.
B. C. Nongeneral funds generated by fees
collected on behalf of the health regulatory boards and accounted for and
deposited into a special fund by the Director of the Department of Health
Professions shall be held exclusively to cover the expenses of the health
regulatory boards, the Health Practitioners' Monitoring Program, and the
Department and Board of Health Professions and shall not be transferred to any
agency other than the Department of Health Professions, except as provided in
§§54.1-3011.1 and 54.1-3011.2.
2. That the provisions of the first enactment of this act shall become effective on July 1, 2022.