Vol. 35 Iss. 21 - June 10, 2019

Chapter 412
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 12VAC5-412, Regulations for Licensure of Abortion Facilities. The purpose of the proposed action is to assess all current regulation content and determine whether it should be amended or retained in its current form. This regulation governs the licensure of facilities that perform five or more first trimester abortions per month. This action may address comments received during the public comment period for this notice and subsequent stages of this action, as well as comments received during the public hearing.

In addition, pursuant to Executive Order 14 (as amended, July 16, 2018) and § 2.2-4007.1 of the Code of Virginia, the agency is conducting a periodic review and small business impact review of this regulation to determine whether this regulation should be terminated, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare; (ii) minimizes the economic impact on small businesses consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

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

Statutory Authority: §§ 32.1-12 and 32.1-127 of the Code of Virginia.

Public Comment Deadline: July 10, 2019.

Agency Contact: Rebekah E. Allen, Senior Policy Analyst, Virginia Department of Health, 9960 Mayland Drive, Suite 401, Richmond, VA 23233, telephone (804) 367-2102, FAX (804) 527-4502, or email

VA.R. Doc. No. R19-5664; Filed May 22, 2019, 11:16 a.m.