TITLE 12. HEALTH

STATE BOARD OF HEALTH

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Health intends to consider repealing 12VAC5-371, Regulations for the Licensure of Nursing Facilities, and promulgating 12VAC5-372, Regulation for the Licensure of Nursing Facilities. The purpose of the proposed action is to repeal 12VAC5-371 and replace it with a new chapter. The current chapter is outdated and needs significant style and structure changes, so promulgation of a new chapter is more appropriate than amending the current chapter. This action will establish a chapter that conforms to the Code of Virginia and to Virginia Administrative Code style and accurately reflects trends in the regulated industry. The goal of this regulatory action is to protect the health, safety, and welfare of the public through regulation that is clear and easy to understand and implement by regulated entities and the Virginia Department of Health.

In addition, pursuant to § 2.2-4007.1 of the Code of Virginia, the board is conducting a periodic review and small business impact review of 12VAC5-371 to determine the full extent of the revisions necessary in order to most effectively structure and word the new chapter. 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; (ii) minimizes the economic impact on small businesses consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 32.1-12 and 32.1-127 of the Code of Virginia.

Public Comment Deadline: June 18, 2025.

Agency Contact: Geoff Garner, Senior Policy Analyst, Virginia Department of Health, 9960 Mayland Drive, Suite 401, Richmond, VA 23233, telephone (804) 658-9690, FAX (804) 527-4502, or email geoff.garner@vdh.virginia.gov.