Title of Regulation: 12VAC5-67. Advance Health Care Directive Registry (adding 12VAC5-67-10, 12VAC5-67-20, 12VAC5-67-30).

Statutory Authority: § 54.1-2994 of the Code of Virginia.

Effective Dates: November 1, 2008, through April 30, 2010.

The Department of Health has requested an extension of the above-referenced emergency regulation, relating to the Advance Health Care Directive Registry. The emergency regulation was published in 25:4 VA.R. 658 October 27, 2008 (http://register.dls.virginia.gov/vol25/iss04/v25i04.pdf).

The key provisions of this regulation consist of a description of the documents that may be submitted to the Advance Health Care Directive Registry, a provision for reasonable fees to be charged by a vendor with whom the Department of Health may contract for implementing the registry, and provisions outlining who may gain access to documents in the registry. In order for the department to meet this mandate, it accepted unsolicited proposals from vendors under the Public-Private Education Facilities and Infrastructure Act of 2002. During the negotiation process at the conceptual phase, it was identified that several amendments needed to be made to the enabling (organic) statute. In consultation with the patron, it was determined that these amendments could be debated in the 2010 Session of the Virginia General Assembly. These amendments would include a requirement for hospitals to notify citizens of the availability of a statewide registry and would also expand the categories of providers that can have access to this registry. As these amendments would have an impact on the regulation, the department requests that the emergency regulations stay in place while the enabling statute is being debated.

In accordance with § 2.2-4011 D of the Code of Virginia, the Governor approved the department's request to extend the expiration date of the emergency regulation through April 30, 2010.

Agency Contact: Kimberly S. Barnes, Policy Analyst, Department of Health, 109 Governor St., Richmond, VA 23219, telephone (804) 864-7661, or email kim.barnes@vdh.virginia.gov.