Past Regulatory Projects

• Disaster Exemption for Temporary Bed Increases – published in The Virginia Register of Regulations, Volume 36, Issue 8
  • Public Comment Period – December 9, 2019 through January 8, 2020
• Adverse Events – Guidelines for Non-Long Term Care Healthcare Facilities – published in The Virginia Register of Regulations, Volume 36, Issue 11
  • Public Comment Period – January 20, 2020 through February 19, 2020
• Mandatory Reporting by Administrators of Home Care Organizations, Home Health Agencies, and Hospices - to be published in The Virginia Register of Regulations, Volume 37, Issue 14
  • Public Comment Period - March 1, 2021 through March 31, 2021
• Designated Support Person Implementation - published in The Virginia Register of Regulations, Volume 37, Issue 14
  • Public Comment Period - March 1, 2021 through March 31, 2021

• Disaster Exemption (exempt) – published in The Virginia Register of Regulations, Volume 35, Issue 24
  • Public Comment Period – July 22, 2019 through August 23, 2019

• Standard Regulatory Action
  • Emergency/Notice of Intended Regulatory Action (NOIRA) – published in The Virginia Register of Regulations, Volume 32, Issue 12
    • Public Comment Period – February 8, 2016 through March 9, 2016
  • Creation of Chapter 221 (fast-track) – published in The Virginia Register of Regulations, Volume 34, Issue 1
    • Public Comment Period – September 4, 2017 through October 4, 2017
• Cost Reimbursement (exempt) – published in The Virginia Register of Regulations, Volume 35, Issue 4

• Standard Regulatory Action
  • Emergency – published in The Virginia Register of Regulations, Volume 16, Issue 10
  • Notice of Intended Regulatory Action (NOIRA) – published in The Virginia Register of Regulations, Volume 17, Issue 1
    • Public Comment Period – September 25, 2000 through October 27, 2000
  • Proposed Amendments – withdrawn during Executive Branch Review
  • Proposed Amendments – published in The Virginia Register of Regulations, Volume 18, Issue 18
    • Public Comment Period – May 20, 2002 through July 22, 2002
  • Final Amendments – published in The Virginia Register of Regulations, Volume 19, Issue 8
    • Public Comment Period – December 30, 2002 through January 29, 2003
• Standard Regulatory Action
  • Notice of Intended Regulatory Action (NOIRA) – published in The Virginia Register of Regulations, Volume 19, Issue 12
    • Public Comment Period – February 24, 2003 through March 28, 2003
  • Proposed Amendments – published in The Virginia Register of Regulations, Volume 21, Issue 2
    • Public Comment Period – October 4, 2004 through December 3, 2004
  • Reproposed Amendments – published in The Virginia Register of Regulations, Volume 24, Issue 13
    • Public Comment Period – March 3, 2008 through April 4, 2008
  • Final Amendments – published in The Virginia Register of Regulations, Volume 25, Issue 9
    • Public Comment Period – January 5, 2009 through February 4, 2009
• Technical Changes (exempt) – published in The Virginia Register of Regulations, Volume 25, Issue 13 (March 2, 2009)
• Inflation Adjustment to Capital Expenditure Threshold (fast track)– published in The Virginia Register of Regulations, Volume 30, Issue 8
  • Public Comment Period – December 16, 2013 through January 15, 2014
• Standard Regulatory Action
  • Notice of Intended Regulatory Action (NOIRA) - published in The Virginia Register of Regulations, Volume 31, Issue 22
    • Public Comment Period - June 29, 2015 through July 31, 2015
  • Cardiac Catheterization (proposed) - published in The Virginia Register of Regulations, V0lume 34, Issue 10
    • Public Comment Period - January 8, 2018 through March 9, 2018
  • Cardiac Catheterization (final) - published in The Virginia Register of Regulations, Volume 37, Issue 14
    • Public Comment Period - March 1, 2021 through March 31, 2021

• Standard Regulatory Action
  • Notice of Intended Regulatory Action (NOIRA) - published in The Virginia Register of Regulations, Volume 30, Issue 5
    • Public Comment Period - November 4, 2013 through December 6, 2013
  • Proposed Amendments - published in The Virginia Register of Regulations, V0lume 32, Issue 14
    • Public Comment Period - March 7, 2016 through May 6, 2016
  • Final Amendments - published in The Virginia Register of Regulations, Volume 37, Issue 14
    • Public Comment Period - March 1, 2021 through March 31, 2021
• Periodic Review – published in The Virginia Register of Regulations, Volume 34, Issue 4
  • Public Comment Period – October 16, 2017 through November 6, 2017
  • Report of Findings – published on Virginia Regulatory Town Hall on December 18, 2019
• Disaster Exemption (exempt) – published in The Virginia Register of Regulations, Volume 35, Issue 24
  • Public Comment Period – July 22, 2019 through October 23, 2019
• CBD Oil and THC-A Oil (exempt) - published in The Virginia Register of Regulations, Volume 36, Issue 23 (July 6, 2020)
• Petition for Rulemaking (Petitioner James Sherlock) - published in The Virginia Register of Regulations, Volume 36, Issue 23
  • Public Comment Period - July 6, 2020 through July 27, 2020
• Petition for Rulemaking (Petitioner Vic Nicholls) - published in The Virginia Register of Regulations, Volume 36, Issue 23
  • Public Comment Period - July 6, 2020 through July 27, 2020

• Standard Regulatory Action – promulgation of 12VAC5-381
  • Notice of Intended Regulatory Action (NOIRA) – published in The Virginia Register of Regulations, Volume 10, Issue 13
    • Public Comment Period – March 21, 1994 to April 21, 1994
  • Proposed Stage – WITHDRAWN during Executive Branch Review
  • Proposed Stage – WITHDRAWN during Executive Branch Review
  • Proposed Stage – WITHDRAWN during Executive Branch Review
  • Proposed Stage – published in The Virginia Register of Regulations, Volume 21, Issue 12
    • Public Comment Period – February 21, 2005 to April 22, 2005
  • Final Stage – published in The Virginia Register of Regulations, Volume 22, Issue 3
    • Public Comment Period – October 17, 2005 to November 16, 2005
• Technical Changes (exempt) – published in The Virginia Register of Regulations, Volume 24, Issue 11 (February 4, 2008)
• Drug-Free Workplace (exempt) – published in The Virginia Register of Regulations, Volume 26, Issue 26 (August 30, 2010)
• Conformity to the Drug Control Act (exempt) – published in The Virginia Register of Regulations, Volume 27, Issue 26 (August 29, 2011)
• Disqualifications for Licensure (exempt) – published in The Virginia Register of Regulations, Volume 29, Issue 8 (December 17, 2012)
• Third-Party Crime Insurance, Branch Offices, Criminal Records Check, and Initial Reserve Operating Funds (exempt) – published in The Virginia Register of Regulations, Volume 31, Issue 10 (January 12, 2015)
• Periodic Review – published in The Virginia Register of Regulations, Volume 31, Issue 16
  • Public Comment Period – April 6, 2015 through April 28, 2015
  • Report of Findings – published on Virginia Regulatory Town Hall on April 28, 2015
• Forms Only Revision - published in The Virginia Register of Regulations, Volume 37, Issue 15

• Standard Regulatory Action
  • Notice of Intended Regulatory Action (NOIRA) – published in The Virginia Register of Regulations, Volume 24, Issue 3
    • Public Comment Period – October 15, 2007 through November 14, 2007
  • Proposed Amendments – published in The Virginia Register of Regulations, Volume 25, Issue 6
    • Public Comment Period – November 24, 2008 through January 23, 2009
  • Final Amendments – published in The Virginia Register of Regulations, Volume 27, Issue 11
    • Public Comment Period – January 31, 2011 through March 2, 2011
• Technical Changes (exempt) – published in The Virginia Register of Regulations, Volume 24, Issue 11 (February 4, 2008)
• Licensure Exemptions and Technical Changes (exempt) – published in The Virginia Register of Regulations, Volume 26, Issue 26 (August 30, 2010)
• Dedicated Hospice Facilities and Technical Changes (exempt) – published in The Virginia Register of Regulations, Volume 27, Issue 11 (January 31, 2011)
• Conformity to the Virginia Drug Control Act (exempt) – published in The Virginia Register of Regulations, Volume 28, Issue 4 (October 24, 2011)
• Periodic Review – published in The Virginia Register of Regulations, Volume 32, Issue 11
  • Public Comment Period – January 25, 2016 through February 15, 2016
  • Report of Findings – published on Virginia Regulatory Town Hall on November 5, 2019
• Partial Dispensing of Schedule II Controlled Substance (exempt) – published in The Virginia Register of Regulations, Volume 32, Issue 14 (March 7, 2016)
• Policies and Procedures for Drug Disposal (exempt) – published in The Virginia Register of Regulations, Volume 35, Issue 4 (October 15, 2018)
• CBD Oil and THC-A Oil (exempt) - published in The Virginia Register of Regulations, Volume 36, Issue 23 (July 6, 2020)

• Periodic Review – published in The Virginia Register of Regulations, Volume 27, Issue 4
  • Public Comment Period – October 25, 2010 through November 15, 2010
  • Report of Findings – published on Virginia Regulatory Town Hall on October 28, 2011
• Periodic Review – published in The Virginia Register of Regulations, Volume 32, Issue 5
  • Public Comment Period – November 2, 2015 through November 23, 2015
  • Report of Findings – published on Virginia Regulatory Town Hall on November 23, 2015

• Standard Regulatory Action
  • Notice of Intended Regulatory Action (NOIRA) – published in The Virginia Register of Regulations, Volume 15, Issue 1
    • Public Comment Period – September 28, 1998 through October 28, 1998
  • Proposed Amendments – published in The Virginia Register of Regulations, Volume 15, Issue 24
    • Public Comment Period – August 16, 1999 through October 15, 1999
  • Final Amendments – published in The Virginia Register of Regulations, Volume 16, Issue 7
    • Public Comment Period – December 20, 1999 through January 19, 2000
• Standard Regulatory Action
  • Notice of Intended Regulatory Action (NOIRA) – published in The Virginia Register of Regulations, Volume 17, Issue 10
    • Public Comment Period – January 29, 2001 through March 1, 2001
  • Proposed Amendments – published in The Virginia Register of Regulations, Volume 17, Issue 26
    • Public Comment Period – September 10, 2001 through November 9, 2001
  • Final Amendments – published in The Virginia Register of Regulations, Volume 18, Issue 8
    • Public Comment Period – December 31, 2001 through January 30, 2002
• Periodic Review – published in The Virginia Register of Regulations, Volume 24, Issue 4
  • Public Comment Period – October 29, 2007 through November 19, 2007
  • Report of Findings – published on Virginia Regulatory Town Hall on April 7, 2008
• Conform Regulations to ACA (exempt) – published in The Virginia Register of Regulations, Volume 28, Issue 4 (October 24, 2011)
• Periodic Review – published in The Virginia Register of Regulations, Volume 29, Issue 4
  • Public Comment Period – October 22, 2012 through November 12, 2012
  • Report of Findings – published on Virginia Regulatory Town Hall on January 28, 2013
• Forms Only Revision – published in The Virginia Register of Regulations, Volume 36, Issue 6 (November 11, 2019)

• Compliance with Federal Organ Donor Routine Contact Protocols (exempt) – published in The Virginia Register of Regulations, Volume 17, Issue 1 (September 25, 2000)
• Emergency Regulatory Action - conditioning license renewal of providing indigent care in accordance with COPN
  • Emergency - published in The Virginia Register of Regulations, Volume 16, Issue 10 (January 31, 2000)
  • Notice of Intended Regulatory Action (NOIRA) - published in The Virginia Register of Regulations, Volume 17, Issue 1
    • Public Comment Period - September 25, 2000 through October 25, 2000
  • Proposed Stage - published in The Virginia Register of Regulations, Volume 17, Issue 23
    • Public Comment Period - July 30, 2001 through September 28, 2001
  • Final Stage - published in The Virginia Register of Regulations, Volume 18, Issue 10
    • Public Comment Period - January 28, 2002 through February 27, 2002
• Patient Rights, Signing Verbal Orders, and Criminal Records Checks (exempt) – published in The Virginia Register of Regulations, Volume 19, Issue 1 (September 23, 2002)
• Storage of Breast Milk (fast track) – published in The Virginia Register of Regulations, Volume 21, Issue 6
  • Public Comment Period - November 29, 2004 through January 17, 2004
• Defining "Rural Hospital" (fast track) – published in The Virginia Register of Regulations, Volume 21, Issue 12
  • Public Comment Period - February 21, 2005 through April 22, 2005
• Perioperative Nurses in Operating Rooms (fast track) – WITHDRAWN after publication in The Virginia Register of Regulations, Volume 24, Issue 25
  • Public Comment Period - August 22, 2005 through October 21, 2005
• Periodic Review - published in The Virginia Register of Regulations, Volume 24, Issue 4
  • Public Comment Period - October 29, 2007 through November 19, 2007
  • Report of Findings - Amend the regulation (see Current Regulatory Projects)
• Visitor Policies (exempt) – published in The Virginia Register of Regulations, Volume 24, Issue 11 (February 4, 2008)
• Update to Design and Construction Standards (exempt) – published in The Virginia Register of Regulations, Volume 26, Issue 22 (July 5, 2010)
• Newborn Blood Samples (exempt) – published in The Virginia Register of Regulations, Volume 28, Issue 2 (September 26, 2011)
• Infection Prevention, Disaster Preparedness, and Facility Security Policies (exempt) – published in The Virginia Register of Regulations, Volume 28, Issue 2 (September 26, 2011)
• Emergency Regulatory Action - removal of abortion facilities from 12VAC5-410 and creation of new regulatory chapter
  • Emergency / Notice of Intended Regulatory Action (NOIRA) - published in The Virginia Register of Regulations, Volume 28, Issue 10
    • Public Comment Period - January 16, 2012 through February 15, 2012
  • Proposed Stage - WITHDRAWN during Executive Branch Review
  • Proposed Stage - published in The Virginia Register of Regulations, Volume 29, Issue 11
    • Public Comment Period - January 28, 2013 through March 29, 2013
    • Public Hearing - March 7, 2013 at 1:00PM
    • Public Hearing - March 12, 2013 at 1:00PM
  • Final Stage - published in The Virginia Register of Regulations, Volume 29, Issue 19
    • Public Comment Period - May 20, 2013 through June 19, 2013
• Update Design and Construction Standards (petition for rulemaking) - published in The Virginia Register of Regulations, Volume 29, Issue 18
  • Public Comment Period - May 6, 2013 through May 26, 2013
  • Agency Decision - Initiate a regulatory change (see Current Regulatory Projects)
• Licensure of Plastic Surgery Centers (petition for rulemaking) - published in The Virginia Register of Regulations, Volume 29, Issue 18
  • Public Comment Period - May 6, 2013 through May 26, 2013
  • Agency Decision - Take no action
• Request to
• Therapeutic Diets Ordered by Dietitians (fast track) – published in The Virginia Register of Regulations, Volume 32, Issue 7
  • Public Comment Period – November 30, 2015 through December 30, 2015
• Unified Integrated Medical Staff in Hospital Systems (fast track) – published in The Virginia Register of Regulations, Volume 32, Issue 14
  • Public Comment Period – March 7, 2016 through April 6, 2016
• Designation of Caregiver Post-Discharge (exempt) – published in The Virginia Register of Regulations, Volume 32, Issue 14 (March 7, 2016)
• Inpatient Psychiatric Policy for Refusing Admission (exempt) – published in The Virginia Register of Regulations, Volume 34, Issue 11 (January 22, 2018)
• Policy for Life-Sustaining Care / Inpatient Psychiatric Policy for Refusing Admission / Human Trafficking Hotline (exempt) – published in The Virginia Register of Regulations, Volume 35, Issue 4 (October 15, 2018)
• Air Medical Transport (exempt) – published in The Virginia Register of Regulations, Volume 35, Issue 21 (June 10, 2019)
• Disaster Exemption (exempt) – published in The Virginia Register of Regulations, Volume 35, Issue 24
  • Public Comment Period – July 22, 2019 through October 23, 2019
• Physical Therapy Discharge and Substance Use (exempt) - published in The Virginia Register of Regulations, Volume 36, Issue 23 (July 6, 2020)
• Designated Support Person (exempt) - published in The Virginia Register of Regulations, Volume 37, Issue 14 (March 1, 2021)

NOTE: Effective July 1, 2020, Chapters 898 and 899 of the 2020 Acts of Assembly repealed the statutory provisions that classified facilities that performed five or more first trimester abortions as a type of hospital, which in turn led to the repeal of this regulatory chapter.

• Standard Regulatory Action
  • Emergency/Notice of Intended Regulatory Action (NOIRA) – published in The Virginia Register of Regulations, Volume 28, Issue 10
    • Public Comment Period – January 16, 2012 through February 15, 2012
  • Proposed Amendments – published in The Virginia Register of Regulations, Volume 29, Issue 11
    • Public Comment Period – January 28, 2013 through March 29, 2013
    • Public Hearings – March 7, 2013 at 1:00PM and March 12, 2013 at 1:00PM
  • Final Amendments – published in The Virginia Register of Regulations, Volume 29, Issue 19
    • Public Comment Period – May 20, 2013 through June 20, 2013
• Standard Regulatory Action
  • Notice of Intended Regulatory Action (NOIRA) – published in The Virginia Register of Regulations, Volume 31, Issue 10
    • Public Comment Period – January 12, 2015 through February 11, 2015
  • Proposed Amendments – published in The Virginia Register of Regulations, Volume 32, Issue 18
    • Public Comment Period – May 2, 2016 through July 1, 2016
  • Final Amendments – published in The Virginia Register of Regulations, Volume 33, Issue 13
    • Public Comment Period – February 20, 2017 through March 22, 2017
• Human Trafficking Hotline (exempt) – published in The Virginia Register of Regulations, Volume 35, Issue 4
  • Public Comment Period – October 15, 2018 through November 13, 2018
• Suspend Portion of 2017 Rulemaking (exempt) – published in The Virginia Register of Regulations, Volume 35, Issue 17 (April 15, 2019)
• Standard Regulatory Action - combined with a periodic review;  WITHDRAWN
  • Notice of Intended Regulatory Action (NOIRA) - published in The Virginia Register of Regulations, Volume 35, Issue 3; WITHDRAWN
    • Public Comment Period - October 1, 2018 through October 31, 2018
  • Notice of Intended Regulatory Action (NOIRA) - published in The Virginia Register of Regulations, Volume 35, Issue 21
    • Public Comment Period - June 10, 2019 through July 10, 2019
  • Proposed Amendments - presented to the State Board of Health on September 5, 2019
• Repeal of 12VAC5-412 (exempt) - published in The Virginia Register of Regulations, Volume 36, Issue 21 (June 8, 2020)

• No past projects