Title of Regulation: 18VAC76-40. Regulations Governing Emergency Contact Information (amending 18VAC76-40-10, 18VAC76-40-20).

Statutory Authority: § 54.1-2506.1 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: October 16, 2019.

Effective Date: November 1, 2019.

Agency Contact: Elaine J. Yeatts, Senior Policy Analyst, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4688, FAX (804) 527-4475, or email elaine.yeatts@dhp.virginia.gov.

Basis: Regulations Governing Emergency Contact Information are promulgated under § 54.1-2506.1 of the Code of Virginia.

Purpose: The purpose of the regulatory change is to update the emergency contact information that licensees of health regulatory boards are required to provide so that the required information is more relevant and useful to the Virginia Department of Health (VDH) in the event of a public health emergency or for dissemination of important public health information. The amended regulation will delete data elements that VDH has never used and does not believe are practical in the rapid dissemination of information or request for assistance in a public health emergency.

Rationale for Using Fast-Track Rulemaking Process: The impetus of the regulatory action was the periodic review of regulation with comment requested from December 10, 2018, to January 9, 2019. There were no comments.

Substance: Amendments to 18VAC76-40-20 delete the requirement for telephone and fax numbers and add a requirement for a number at which a licensee can be contacted or sent information by text.

An amendment in 18VAC76-40-10 is necessary to correct "certified" massage therapists to "licensed massage therapists," since that profession is now licensed.

Issues: The primary advantage to the public is additional information for contact and assistance in case of a public health emergency or disaster. The advantage to licensees is simplification of the emergency contact information section of a renewal form. There are no disadvantages.

The advantage to the Department of Health and the Department of Emergency Management is better access to health care workers in case of a public health emergency or to disseminate information about an outbreak of a communicable disease. There are no disadvantages.

Small Business Impact Review Report of Findings: This fast-track regulatory action serves as the report of the findings of the regulatory review pursuant to § 2.2-4007.1 of the Code of Virginia.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Department of Health Professions (DHP) proposes to amend the types of contact information that health professionals are to provide for notification in the event of a public health emergency or for dissemination of public health information.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact.

Code of Virginia § 54.1-2506.1 states that:

For the purpose of expediting the dissemination of public health information, including notice about a public health emergency, the Department is authorized to require certain licensed, certified or registered persons to report any email address, telephone number and facsimile number that may be used to contact such person in the event of a public health emergency or to provide information related to serving during a public health emergency.

The current regulation requires, upon a request from DHP, that specified persons or entities report the following contact information: 1) a telephone number at which he may be contacted during weekday business hours (8 a.m. to 5 p.m.), 2) a telephone number at which he may be contacted during nonbusiness hours (5 p.m. to 8 a.m. weekdays and on weekends or holidays), 3) a fax number at which he may be sent information concerning the emergency; and 4) an e-mail address at which he may be sent information concerning the emergency.

DHP proposes to no longer require the first three items listed above, continue to require the email address, and to newly require "a number at which he may be contacted or sent information by text." According to DHP, the contact information is solely used by the Virginia Department of Health (VDH) in the event of a public health emergency or for dissemination of important public health information; and VDH has indicated that the proposed forms of contact information are more relevant and useful in the event of a public health emergency or for dissemination of important public health information than the contact information types currently listed in the regulation. Thus, the proposed amendments would be beneficial for VDH and for the public in that communication may be improved during public health emergencies and dissemination of important public health information may be improved. According to DHP, no one would be required to purchase a cell phone or submit his number if there is an objection. Thus, the proposed amendments do not introduce costs.

Businesses and Entities Affected. The proposed amendments affect the 650 assisted living facility administrators, 1,690 athletic trainers, 8,726 massage therapists, 3,541 clinical psychologists, 6,806 clinical social workers, 7,463 dentists, 6,010 dental hygienists, 1,543 funeral service licensees, 2 embalmers, 36 funeral directors, 542 licensed acupuncturists, 28,858 licensed practical nurses, 5,417 licensed professional counselors, 237 medical equipment suppliers, 911 nursing home administrators, 15,153 pharmacists, 14,213 pharmacy technicians, 8,925 physical therapists, 4,005 physician assistants, 4,432 radiologic technologists, 109,603 registered nurses, 4,018 respiratory care practitioners, 40 surface transportation and removal service registrants, 4,435 veterinarians, and 81 wholesaler distributors of pharmaceuticals regulated by DHP.²

Localities Particularly Affected. The proposed amendments do not disproportionately affect particular localities.

Projected Impact on Employment. The proposed amendments do not affect employment.

Effects on the Use and Value of Private Property. The proposed amendments are unlikely to significantly affect the use and value of private property.

Real Estate Development Costs. The proposed amendments do not affect real estate development costs.

Small Businesses:

Definition. Pursuant to § 2.2-4007.04 of the Code of Virginia, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

Costs and Other Effects. The proposed amendments do not significantly affect costs for small businesses.

Alternative Method that Minimizes Adverse Impact. The proposed amendments do not adversely affect small businesses.

Adverse Impacts:

Businesses. The proposed amendments do not adversely affect businesses.

Localities. The proposed amendments do not adversely affect localities.

Other Entities. The proposed amendments do not adversely affect other entities.

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¹Adverse impact is indicated if there is any increase in net cost or reduction in net revenue for any entity, even if the benefits exceed the costs for all entities combined.

²Data Source: the most recent available DHP Current Count of Licenses report. All figures are as of September 30, 2018. http://www.dhp.virginia.gov/About/stats/2019Q1/04CurrentLicenseCountQ1FY2019.pdf

Agency's Response to Economic Impact Analysis: The Department of Health Professions concurs with the analysis of the Department of Planning and Budget.

Summary:

The amendments revise the types of emergency contact information health professionals must provide for notification in the event of a public health emergency or for dissemination of public health information if the Department of Health Professions requests such information.

18VAC76-40-10. Requirement to report.

In accordance with provisions of § 54.1-2506.1 of the Code of Virginia, the following persons or entities who hold a license, certificate, registration, or permit issued by a board within the Department of Health Professions and whose address of record is in Virginia, a contiguous state, or the District of Columbia shall report emergency contact information as required by this chapter:

1. Assisted living facility administrators;

2. Athletic trainers;

3. Certified Licensed massage therapists;

4. Clinical psychologists;

5. Clinical social workers;

6. Dentists;

7. Dental hygienists;

8. Funeral service licensees, embalmers, and funeral directors;

9. Licensed acupuncturists;

10. Licensed practical nurses;

11. Licensed professional counselors;

12. Medical equipment suppliers;

13. Nursing home administrators;

14. Pharmacists;

15. Pharmacy technicians;

16. Physical therapists;

17. Physician assistants;

18. Radiologic technologists;

19. Registered nurses;

20. Respiratory care practitioners;

21. Surface transportation and removal service registrants;

22. Veterinarians; and

23. Wholesaler distributors of pharmaceuticals.

18VAC76-40-20. Emergency contact information.

A. Upon a request from the department, a person or entity listed in 18VAC76-40-10 shall be required to report the following information for contact in the event of a public health emergency or for dissemination of public health information:

1. A telephone number at which he may be contacted during weekday business hours (8 a.m. to 5 p.m.);

2. A telephone number at which he may be contacted during nonbusiness hours (5 p.m. to 8 a.m. weekdays and on weekends or holidays);

3. A fax number at which he may be sent information concerning the emergency; and

4. 1. An e-mail email address at which he the person or entity may be sent information concerning the emergency; and

2. A number at which the person or entity may be contacted or sent information by text.

B. A person or entity shall only be required to report those fax numbers or e-mail email addresses to which he has direct access.

C. Information collected for the purpose of disseminating notification of a public health emergency or public health information or providing information related to serving during a public health emergency shall not be published or made available for any other purpose.