TITLE 12. HEALTH
STATE BOARD OF HEALTH
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Health conducted a periodic review and a small business impact review of 12VAC5-110, Regulations for the Immunization of School Children, and determined that this regulation should be retained as is. The board is publishing its report of findings dated May 19, 2023, to support this decision.
Section 32.1-46 of the Code of Virginia provides the State Board of Health authority to promulgate the regulations for the immunization of school children. The regulation specifies immunizations that are required for attendance at public or primary elementary, middle, or secondary schools; child care centers; nurseries; family day cares; and developmental centers in Virginia. The regulation is necessary as vaccine requirements ensure protection of children from vaccine preventable diseases, particularly in settings, such as schools and childcare facilities, where vaccine preventable diseases are likely to spread.
The regulations clearly detail the immunizations that are required for school entry, including spacing, ages, and intervals; the process for exemption from the requirements; the responsibilities of school and providers; and the penalties that apply for noncompliance.
The State Board of Health has a regulatory action amending the regulation that is currently under Executive Branch review that conforms the regulation to § 32.1-46 of the Code of Virginia, which was amended by Chapter 1223 of the 2020 Acts of Assembly. The decision to retain the regulation as is as a result of this periodic review is based on the assumption that those amendments will go into effect.
The State Board of Health has reviewed the regulation considering the following: the current evidence-based, routinely recommended vaccinations for children; Virginia’s process for implementing school required vaccines; and public comments received during the review. Based on those factors, the board has determined that the Regulations for the Immunization of School Children should be retained as is, making no change.
There is a continued need for the regulation as it is essential to outline the requirements for immunization of school children, as required by Chapter 2 (§ 32.1-35 et seq.) of Title 32.1 of the Code of Virginia. The overwhelming majority of comments received concerning this regulation are in regard to adding the COVID-19 vaccine to the list of required immunizations for school entry. To date, the board has not taken any steps to add the COVID-19 vaccine to these regulations.
The regulation is clearly written and easily understandable. The regulation does not overlap or duplicate any other federal or state law or regulation. Once the current pending regulatory action is made effective, the regulation will not conflict with any other federal or state law or regulation. Prior to the pending action, the regulation was last updated in 2019 to conform it to Chapter 222 of the 2019 Acts of Assembly. Retaining the regulations as is does not appear to cause an adverse economic impact on small businesses in the Commonwealth of Virginia.
Contact Information: Kristin Collins, Policy Analyst, Office of Epidemiology, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7298.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Health conducted a periodic review and a small business impact review of 12VAC5-475, Regulations Implementing the Virginia Donor Registry, and determined that this regulation should be amended. The board is publishing its report of findings dated April 1, 2023, to support this decision.
In its current form the regulation is necessary to offer opportunities to constituents to declare their intent to donate their organs and tissues upon death. The Virginia Donor Registry offers a source for obtaining necessary information to identify potential donors in a timely manner to facilitate the donation process. The registry also allows for maintenance of metrics to assess the availability of viable potential donors located within the Commonwealth. The regulations are necessary for the protection of public health, safety, and welfare. The regulation is also clearly written and easily understandable.
The board recommends amending the chapter to conform the language to Virginia Administrative Code style and to correct technical errors. Section 32.1-292.2 of the Code of Virginia establishes the Virginia Donor Registry with the intent of saving lives by reducing the shortage of organs and tissues for transplantation and to implement cost savings for patients and various state agencies by eliminating needless bureaucracy. During review, the board considered the following: (i) there is a continued need for the regulation to ensure that the death of potential organ and tissue donors are reported in a timely fashion; (ii) there have been no known complaints or comments regarding the regulation; (iii) the regulation is not complex and specifically states the duties and responsibilities of those involved; (iv) there are no observed overlaps or conflicts with federal or state laws or regulations; and (v) the regulation was evaluated over a three-month period, ensuring the stakeholders were involved throughout the evaluation process. The Virginia Transplant Council is responsible for maintaining and updating the registry, and funds are available to manage it appropriately.
The regulation outlines the duties of the council in reference to the Virginia Donor Registry, stipulates what information is maintained in the registry, who has access to that information, and how it is disseminated. The regulation is effective in its intent and is necessary to continue to offering opportunities for the citizens to donate their organs and tissues upon their death as they intended in a cost effective and timely fashion.
Contact Information: Rick Sikon, Operational Director, Virginia Department of Health, James Madison Building, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7190.
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TITLE 13. HOUSING
BOARD OF HOUSING AND COMMUNITY DEVELOPMENT
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Housing and Community Development conducted a periodic review and a small business impact review of 13VAC5-112, Enterprise Zone Grant Program Regulation, and determined that this regulation should be retained as is. The board is publishing its report of findings dated May 2023, to support this decision.
The regulation is required pursuant to § 59.1-541 of the Code of Virginia and is necessary to administer the provisions of the Enterprise Zone Grant Program. The regulations appear to be effective and are easy to understand. The regulation will be retained without change. The regulation was last updated in 2022 to account for changes to the Code of Virginia. The regulation was also updated in 2021 to update application procedures. Outside of regulatory changes, the board is likely to pursue changes to various administrative procedures to streamline program administration and produce greater efficiency. Additionally, a comment regarding classification of jobs was received during the review and given due consideration, but the board determined no related update should be made at this time. The regulation does not appear to be overly complex; it does not duplicate or conflict with other federal or state law. Maintaining consistency with current rules will assist participants (including small business) in continuing to be able to utilize the program.
Contact Information: Kyle Flanders, Senior Policy Analyst, Department of Housing and Community Development, Main Street Centre, 600 East Main Street, Suite 300, Richmond, VA 23219, telephone (804) 786-6761.
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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
VIRGINIA BOARD FOR ASBESTOS, LEAD, AND HOME INSPECTORS
Agency Notice
Pursuant to Executive Order 19 (2022) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulations are undergoing a periodic review and a small business impact review: 18VAC15-11, Public Participation Guidelines; 18VAC15-20, Virginia Asbestos Licensing Regulations; 18VAC15-30, Virginia Lead-Based Paint Activities Regulations; and 18VAC15-40, Home Inspector Licensing Regulations. The review of each regulation will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic review is to determine whether each regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to these regulations, including whether each regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.
Public comment period begins July 3, 2023, and ends July 24, 2023.
Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Virginia Regulatory Town Hall and published in the Virginia Register of Regulations.
Contact Information: Tanya Pettus, Administrator, Virginia Board for Asbestos, Lead, and Home Inspectors, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-1795.
COMMON INTEREST COMMUNITY BOARD
Agency Notice
Pursuant to Executive Order 19 (2022) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulation is undergoing a periodic review and a small business impact review: 18VAC48-30, Condominium Regulations. The review of this regulation will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic review is to determine whether this regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.
Public comment period begins July 3, 2023, and ends July 24, 2023.
Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Virginia Regulatory Town Hall and published in the Virginia Register of Regulations.
Contact Information: Stephen Kirschner, Deputy Director for Licensing and Regulation, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8510.
FAIR HOUSING BOARD
Agency Notice
Pursuant to Executive Order 19 (2022) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulations are undergoing a periodic review and a small business impact review: 18VAC62-10, Public Participation Guidelines; and 18VAC62-20, Fair Housing Certification Regulations. The review of each regulation will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic review is to determine whether each regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to these regulations, including whether each regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.
Public comment period begins July 3, 2023, and ends July 24, 2023.
Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Virginia Regulatory Town Hall and published in the Virginia Register of Regulations.
Contact Information: Stephen Kirschner, Deputy Director for Licensing and Regulation, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8552.