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 promulgating 12VAC5-660, Regulations Governing Biological Sex Specific or Separated Spaces and Activities. The purpose of the proposed action is to to promulgate a new regulation governing gender-specific spaces and activities. The regulatory action is a result of a petition for rulemaking (41:19 VA.R. 2039 May 5, 2025). The State Board of Health approved such regulatory action August 18, 2025. The purpose of this action is to establish requirements for preventing biological males from (i) participation in organized female-only athletic teams and competitions and (ii) use of female-designated spaces where females are likely to be in any state of undress.

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

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

Public Comment Deadline: December 17, 2025.

Agency Contact: Joe Hilbert, Director of Governmental and Regulatory Affairs, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7006, fax (804) 864-7022, or email joe.hilbert@vdh.virginia.gov.