Vol. 39 Iss. 15 - March 13, 2023

Chapter 217
Notice of Extension of Emergency Regulation

Title of Regulation: 12VAC5-217. Regulations of the Patient Level Data System (amending 12VAC5-217-20).

Statutory Authority: §§ 32.1-12 and 32.1-276.6 of the Code of Virginia.

The Governor has approved the request of the State Board of Health to extend the expiration date of the emergency regulation for 12VAC5-217 for six months as provided for in § 2.2-4011 D of the Code of Virginia. Therefore, the emergency regulation is continued in effect through January 15, 2024.

On January 17, 2022, emergency amendments to 12VAC5-217 went into effect to ensure that the regulated community was reporting the admission source of any individual meeting the criteria for voluntary or involuntary psychiatric commitment, as required by Item 307 D 1 of Chapter 552 of the 2021 Acts of Assembly, Special Session I. The mandate is also included in the current appropriation act as Item 299 C 1 of Chapter 2 of the 2022 Acts of Assembly, Special Session I. These emergency regulations are set to expire on July 16, 2023. A regulatory action using the fast-track rulemaking process to make these emergency regulations permanent is being developed. Once that rulemaking is published, it will be open for public comment for 30 days before becoming effective and making the emergency regulations permanent. The Virginia Department of Health (VDH) is working to complete the fast-track rulemaking process, but there is the potential that the regulatory process will not be complete before the emergency regulations expire. The State Board of Health, which approves each stage in a regulatory action and officially promulgates the regulations, only meets once per quarter. Additionally, though VDH considers this action to be noncontroversial and appropriate for the fast-track rulemaking process, there is the potential to receive objections pursuant to § 2.2-4012.1 of the Code of Virginia, which would lengthen and further delay the process to promulgate the permanent regulations. These delays could potentially prevent the permanent regulations from becoming effective before the expiration date of the emergency regulations. As a result, it is necessary to extend the expiration date to ensure the emergency regulations do not expire before they are made permanent, which would leave VDH and the State Board of Health out of compliance with the 2021 and 2022 Appropriation Acts and ultimately cause confusion for the public and the regulated community. The emergency regulation was published in 38:11 VA.R. 999-1000 January 17, 2022.

Effective Date Extended Through: January 15, 2024.

Agency Contact: Michael Sarkissian, Director, Data and Quality, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7416, FAX (804) 864-7022, or email

VA.R. Doc. No. R22-6605; Filed February 09, 2023