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 October 31, 2009.

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.

Preamble:

Chapters 301 and 696 of the 2008 Acts of Assembly require the board to make available a secure online central registry for advance health care directives.

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.

CHAPTER 67
ADVANCE HEALTH CARE DIRECTIVE REGISTRY

12VAC5-67-10. General provisions.

A. In accordance with Article 9 (§ 54.1-2995 et seq.) of Chapter 29 of Title 54.1 of the Code of Virginia and this chapter, the Department of Health shall make available to the public an Advance Health Care Directive Registry by contracting with a vendor, publicizing the availability of an existing registry maintained by another entity or entering into a public-private partnership.

B. The department shall ensure that the contracted vendor, public-private partnership or any other entity through which the department has made the Registry available to citizens of the Commonwealth annually contacts persons who have registered documents to remind them of which documents they have registered.

12VAC5-67-20. Criteria for submission of an advance directive to the Registry.

A. Documents that may be submitted to the Registry include:

1. A health care power of attorney.

2. An advance directive created pursuant to Article 8 (§ 54.1-2981 et seq.) of Chapter 29 of Title 54.1 of the Code of Virginia or a subsequent act of the General Assembly.

3. A declaration of an anatomical gift made pursuant to the Revised Uniform Anatomical Gift Act (§ 32.1-291.1 et seq. of the Code of Virginia).

B. Any document and any revocation of a document submitted for filing in the Registry shall be notarized regardless of whether notarization is required for its validity. The document shall be submitted for filing only by the person who executed the document.

C. The person submitting documents to the Registry shall be responsible for payment of any fee required by the contracted vendor, public-private partnership or any other entity through which the department has made the Registry available to citizens of the Commonwealth. Fees associated with the Registry shall not exceed the direct costs associated with the development and maintenance of the registry and with the education of the public about the availability of the registry.

12VAC5-67-30. Access to the registry.

The person registering documents may specify a legal representative or other persons to have access to such documents. It shall be the responsibility of the person registering to provide all such persons with the information necessary to access the Registry. Unless otherwise specified by the person registering documents on the Registry, access to the Registry shall be limited to hospitals, nursing homes and doctors of medicine or osteopathic medicine licensed in the Commonwealth.