TITLE 12. HEALTH
REGISTRAR'S NOTICE: The State Board of Health is claiming an
exemption from Article 2 of the Administrative Process Act in accordance with §
2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are
necessary to conform to changes in Virginia statutory law where no agency
discretion is involved. The State Board of Health will receive, consider, and
respond to petitions by any interested person at any time with respect to
reconsideration or revision.
Title of Regulation: 12VAC5-412. Regulations for Licensure of Abortion Facilities (amending 12VAC5-412-140).
Statutory Authority: §§ 32.1-12 and 32.1-127 of the Code of Virginia.
Effective Date: November 14, 2018.
Agency Contact: Robert Payne, Director, Office of Licensure and Certification,
Virginia Department of Health, 9960 Mayland Drive, Suite 401, Richmond, VA
23233, telephone (804) 367-2109, FAX (804) 527-4502, or email
robert.payne@vdh.virginia.gov.
Summary:
Pursuant to Chapter 571 of the 2018 Acts of Assembly, the
amendment requires posting of a notice of the human trafficking hotline in each
abortion facility in a location readily visible to the public.
Part II
Organization and Management
12VAC5-412-140. Management and administration.
A. The abortion facility shall comply with:
1.
This chapter (12VAC5-412);
2.
Other applicable federal, state, or local laws and regulations; and
3.
The abortion facility's policies and procedures.
B. The abortion facility shall submit or make available
reports and information necessary to establish compliance with this chapter and
applicable law.
C. The abortion facility shall permit OLC inspectors to
conduct inspections to:
1.
Verify application information;
2.
Determine compliance with this chapter and applicable law;
3.
Review necessary records and documents; and
4.
Investigate complaints.
D. An abortion facility shall give written notification 30
calendar days in advance of implementing any of the following planned changes:
1.
Change of location.
2.
Change of ownership.
3.
Change of name.
4.
Voluntary closure.
5.
Change of administrator.
6.
Change of operator.
Notices shall be sent to the attention of the director of
the OLC.
E. The current license from the department shall be posted
at all times in a place readily visible and accessible to the public.
F. Each abortion facility shall post
notice of the existence of a human trafficking hotline to alert possible
witnesses or victims of human trafficking to the availability of a means to
gain assistance or report crimes. This notice shall be in a place readily
visible and accessible to the public, such as the patient admitting area or
public or patient restrooms. The notice shall meet the requirements of §
40.1-11.3 C of the Code of Virginia.
VA.R. Doc. No. R19-5601; Filed September 26, 2018, 1:29 p.m.