PETITIONS FOR RULEMAKINGVol. 29 Iss. 18 - May 06, 2013
TITLE 12. HEALTH
STATE BOARD OF HEALTH
Initial Agency Notice
Title of Regulation: 12VAC5. None specified.
Name of Petitioner: Molly Vick.
Nature of Petitioner's Request: The petitioner requests that the State Board of Health (the Board) promulgate regulations for the licensure of plastic surgery centers. The petitioner cites from an official advisory opinion issued by the Attorney General dated August 20, 2010, to Delegate Robert Marshall and Senator Ralph Smith. The petitioner quotes the following sections from the official advisory opinion: "To promote "the protection, improvement and preservation of the public health" (VA. CODE ANN. § 32.1-2) the General Assembly has enacted Title 32.1 of the Code of Virginia, which provides in pertinent part for the regulation of medical and health care facilities (See Code of Virginia, Title 32.1, Chapter 5, "Regulation of Medical Care Facilities and Services," §§ 32.1-123 through 32.1-162.15 (2009 & Supp. 2010)). In addition, because "the unregulated practice of the profession or occupation can harm or endanger the health, safety, or welfare of the public (VA. CODE ANN. § 54.1-100 (2009)) the Commonwealth further exercises its police power to oversee health professionals "for the exclusive purpose of protecting the public interest." "Virginia law provides that all hospitals in the Commonwealth are to be licensed (Section 32.1-125 (2009)) and directs the State Health Commissioner to issue licenses in accordance with the regulations of the Board and other law. The Code broadly defines "hospital" as "any facility ... in which the primary function is the provision of diagnosis, treatment, and of medical and nursing services, surgical or nonsurgical, for two or more nonrelated individuals, including ... outpatient surgical [hospitals]" (Section 32.1-123 (2009))" The petitioner then states that "Although 'Plastic Surgery Centers' are not specifically mentioned, this definition encompasses facilities in which plastic surgeries are performed."
Agency Plan for Disposition of Request: Following a 21-day public comment period, the department will consider the petition in light of any comments or information received.
Public Comment Deadline: May 26, 2013.
Agency Contact: Carrie Eddy, Policy Analyst, Department of Health, 9960 Mayland Drive, Suite 401, Richmond, VA 23233, telephone (804) 367-2102, or email carrie.eddy@vdh.virginia.gov.
VA.R. Doc. No. R13-25, Filed April 5, 2013, 12:14 p.m.
Initial Agency Notice
Title of Regulation: 12VAC5-371. Regulations for the Licensure of Nursing Facilities.
Statutory Authority: § 32.1-127 of the Code of Virginia.
Name of Petitioner: Molly Vick.
Nature of Petitioner's Request: The petitioner requests that the State Board of Health (the Board) amend its regulations concerning architectural drawings and specifications requirements for nursing facilities, contained in the Regulations of Licensure of Nursing Facilities (12VAC5-371-410) (the Regulations), on the grounds that the regulation conflicts with the provisions of § 32.1-127.001 of the Code of Virginia.
Agency Plan for Disposition of Request: Following a 21-day public comment period, the department will consider the petition in light of any comments or information received.
Public Comment Deadline: May 26, 2013.
Agency Contact: Carrie Eddy, Policy Analyst, Department of Health, 9960 Mayland Drive, Suite 401, Richmond, VA 23233, telephone (804) 367-2102, or email carrie.eddy@vdh.virginia.gov.
VA.R. Doc. No. R13-24, Filed April 5, 2013, 12:05 p.m.
Initial Agency Notice
Title of Regulation: 12VAC5-410. Rules and Regulations for the Licensure of Hospitals in Virginia.
Statutory Authority: § 32.1-123 of the Code of Virginia.
Name of Petitioner: Molly Vick.
Nature of Petitioner's Request: The petitioner requests that the State Board of Health (the Board) amend its regulations concerning general building and physical plant requirements for hospitals, contained in the Regulations of Licensure of Hospitals in Virginia (12VAC5-410-650) (the Regulations), on the grounds that the regulation conflicts with the provisions of § 32.1-127.001 of the Code of Virginia.
Agency Plan for Disposition of Request: Following a 21-day public comment period, the department will consider the petition in light of any comments or information received.
Public Comment Deadline: May 26, 2013.
Agency Contact: Carrie Eddy, Policy Analyst, Department of Health, 9960 Mayland Drive, Suite 401, Richmond, VA 23233, telephone (804) 367-2102, or email carrie.eddy@vdh.virginia.gov.
VA.R. Doc. No. R13-23, Filed April 5, 2013, 12:11 p.m.
