Vol. 35 Iss. 14 - March 04, 2019

Chapter 230
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 amending 12VAC5-230, State Medical Facilities Plan. The purpose of the proposed action is to begin the process of fulfilling the statutory mandate for the State Medical Facilities Plan (SMFP) Task Force to complete a review to update or validate the certificate of public need (COPN) criteria in the SMFP at least every four years by updating standards to reflect current clinical application and technical capability. Any decision to issue a COPN must be consistent with the most recent applicable provisions of the SMFP, which is the regulation providing service or facility specific criteria for determining public need. In making a determination of need for a requested project, the State Health Commissioner must take into consideration each of eight statutory criteria for determining need, including consistency with the SMFP.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 32.1-102.2 of the Code of Virginia.

Public Comment Deadline: April 3, 2019.

Agency Contact: Erik Bodin, COPN Division Director, Virginia Department of Health, 9960 Mayland Drive, Suite 401, Richmond, VA 23233, telephone (804) 367-1889, FAX (804) 527-4502, or email

VA.R. Doc. No. R19-5768; Filed February 5, 2019, 3:57 p.m.