TITLE 12. HEALTH
DEPARTMENT OF HEALTH
Agency Decision
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 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 Decision: Request denied.
Statement of Reason for Decision: The board does not have the statutory authority to regulate "plastic surgery centers" through licensure unless they meet the definition of "hospital." To the extent a "plastic surgery center" meets the definition of a "hospital," it is already regulated under 12VAC5-410, unless it is exempt from licensure under § 32.1-124 of the Code of Virginia. The board does not have statutory authority to regulate entities that do not meet the definition of "hospital" or are exempt from licensure under § 32.1-124 of the Code of Virginia.
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 August 16, 2013, 8:38 a.m.
Agency Decision
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 amend its regulations concerning architectural drawings and specifications requirements for nursing facilities, contained in the Regulations of Licensure of Nursing Facilities (12VAC5-371-410), on the grounds that the regulations conflict with the provisions of § 32.1-127.001 of the Code of Virginia.
Agency Decision: Request granted.
Statement of Reason for Decision: The Virginia Department of Health will file a Notice of Intended Regulatory Action.
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 August 16, 2013, 8:37 a.m.
Agency Decision
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 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), on the grounds that the regulations conflict with the provisions of § 32.1-127.001 of the Code of Virginia.
Agency Decision: Request granted.
Statement of Reason for Decision: The Virginia Department of Health will file a Notice of Intended Regulatory Action.
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 August 16, 2013, 8:36 a.m.
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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF NURSING
Initial Agency Notice
Title of Regulation: 18VAC90-20. Regulations Governing the Practice of Nursing.
Statutory Authority: § 54.1-2400 of the Code of Virginia.
Name of Petitioner: Gregory J. Huber.
Nature of Petitioner's Request: To revise requirements for continuing competency for nurses reactivating an inactive license or reinstating an expired license so requirements are not weaker than those for renewal of an active license. To reconsider passage of the National Council Licensing Examination as a method for reactivation/reinstatement.
Agency Plan for Disposition of Request: In accordance with Virginia law, the petition to amend the regulations was posted on the Virginia Regulatory Townhall at http://www.townhall.virginia.gov. It has also been filed with the Register of Regulations for publication on September 9, 2013. Comment on the petition from interested parties is requested until October 8, 2013. Following receipt of all comments on the petition, the request to examine continuing competency requirements for persons reactivating or reinstating a license will be considered by the board at its meeting on November 19, 2013.
Public Comment Deadline: October 8, 2013.
Agency Contact: Elaine Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Henrico, VA 23233, telephone (804) 367-4688, or email elaine.yeatts@dhp.virginia.gov.
VA.R. Doc. No. R14-01, Filed August 9, 2013, 1:12 p.m.