Vol. 36 Iss. 21 - June 08, 2020

Chapter 412
Final Regulation

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 or the appropriation act 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 (repealing 12VAC5-412-10 through 12VAC5-412-370).

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

Effective Date: July 8, 2020.

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


The amendments repeal Regulations for Licensure of Abortion Facilities (12VAC5-412). Chapters 898 and 899 of the 2020 Acts of Assembly repeal the statutory provision classifying a facility that performs five or more first-trimester abortions per month as a category of hospital, thereby removing such a facility from the State Board of Health's regulatory authority.

VA.R. Doc. No. R20-6352; Filed May 19, 2020, 12:38 p.m.