Code of Virginia

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Code of Virginia
Title 54.1. Professions and Occupations
Chapter 18. Polygraph Examiners
9/20/2021

§ 54.1-1805. Instrument to be used.

A. Each polygraph examiner shall use an instrument that records permanently and simultaneously the subject's cardiovascular and respiratory patterns as minimum standards, but such an instrument may record additional physiological changes pertinent to the determination of truthfulness.

B. 1. The use of any other detection device that does not meet the instrumentation requirements set forth in subsection A shall be approved by the Director. The Director shall approve such other detection device only when the data collected by such device is deemed to be reliable and valid in detecting deception or verifying truth, based upon the preponderance of available scientific evidence. The voluntary, written consent of any individual to be tested using a detection device approved pursuant to this subsection shall be obtained prior to the administration of any such test or questioning using the device.

2. Any such approved device shall be subject to regulations promulgated by the Director regarding its use in the Commonwealth.

3. The Director shall establish standards of practice related to the use of any such other detection device approved pursuant to this subsection.

1975, c. 522, § 54-922; 1988, c. 765; 2010, c. 625.

The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.