TITLE 1. ADMINISTRATION

STATE BOARD OF ELECTIONS

Final Regulation

Title of Regulation: 1VAC20-70. Absentee Voting (amending 1VAC20-70-40).

Statutory Authority: § 24.2-103 of the Code of Virginia.

Effective Date: October 15, 2026.

Agency Contact: Nathan Joyner, Program Administrative Specialist II, Virginia Department of Elections, 1100 Bank Street, Richmond, VA 23219, telephone (804) 864-8901, or email nathan.joyner@elections.virginia.gov.

Summary:

The amendments (i) establish a threshold for when a locality must hold the additional Friday or Saturday pre-processing meeting, required only when, at the conclusion of the seventh-day pre-processing meeting, the number of returned mail absentee ballots awaiting pre-processing is at least 10% of a locality's returned mail absentee ballots and at least 100 ballots; (ii) clarify the circumstances requiring a Monday pre-processing meeting based on whether outstanding ballots remain after application of the new threshold; and (iii) update the provision governing the final pre-processing meeting.

1VAC20-70-40. Alternative processing procedures for absentee ballots returned before election day.

Each general registrar in taking the measures as needed to To expedite counting absentee ballots under § 24.2-709.1 of the Code of Virginia, each general registrar shall ensure that:

1. The general registrar staff assigned follow the instructions in this section for processing and verifying absentee ballots.

2. Each locality holds a mandatory pre-processing meeting on the seventh day immediately preceding the election and on either the Friday or Saturday immediately preceding the election. At each of those pre-processing meetings the conclusion of that meeting, the general registrar's office should pre-process all will determine the number of mail absentee ballots that were in their office's possession at the beginning of that day locality that have been returned but not pre-processed.

a. The locality shall hold an additional pre-processing meeting on either Friday or Saturday immediately preceding the election if the total number of returned mail ballots awaiting pre-processing (i) is 10% or more of the total returned mail absentee ballots for the locality and (ii) consists of at least 100 ballots.

b. At any mandatory pre-processing meeting held on Friday or Saturday immediately preceding the election, the general registrar's office shall pre-process all absentee ballots that were in their office's possession at the beginning of that day.

3. In the event that the If (i) a general registrar's office is unable to process all ballots in their possession on the morning of either the required to hold a pre-processing meeting on Friday or Saturday before immediately preceding the election day and is unable to process all ballots in their possession or (ii) if no Friday or Saturday meeting was held, then the general registrar's office should shall hold a final pre-processing meeting on the Monday immediately preceding the election during which all returned mail absentee ballots must be processed.

4. All absentee ballots are secured at the end of each day following principles of dual control and chain of custody.

5. The general registrar staff assigned follow carefully all the requirements of § 24.2-709.1 of the Code of Virginia, including the requirement that at least two officers of election, one representing each political party, be present during all hours that the expedited procedures are used.

6. Notice is given to the local political party chairs of the times and places for processing absentee ballots in sufficient time to allow for the authorized party representatives to be present. If the general registrar's office determines a Friday or Saturday pre-processing meeting is not required, notice of the decision shall also be provided, and the registrar shall document the justification for forgoing the meeting.

TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

Proposed Regulation

Title of Regulation: 9VAC25-194. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Vehicle Wash Facilities and Laundry Facilities (amending 9VAC25-194-10, 9VAC25-194-15, 9VAC25-194-40 through 9VAC25-194-70).

Statutory Authority: § 62.1-44.15 of the Code of Virginia; § 402 of the Clean Water Act; 40 CFR Parts 122, 123, and 124.

Public Hearing Information:

December 10, 2026 - 10 a.m. - Department of Environmental Quality, Piedmont Regional Office, Training Room, 4949-A Cox Road, Glen Allen, VA 23060.

Public Comment Deadline: January 4, 2027.

Agency Contact: Azra Bilalagic, Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, VA 23219, telephone (804) 584-6674, or email azra.bilalagic@deq.virginia.gov.

Background: This general permit establishes limitations, monitoring requirements, and other special conditions for point source discharge of wastewater from vehicle wash facilities (primarily car wash and rental car businesses, car and truck dealerships, and local or government fleet vehicle and equipment washing) and laundry facilities to surface waters in order to maintain surface water quality.

Summary:

The proposed action amends and reissues the existing general permit, which expires December 31, 2027. Proposed changes to the general permit regulation include:(i) revising the term of the general permit regulation to January 1, 2028, through December 31, 2032; (ii) updating regulatory language to ensure consistency with statute regarding State Water Control Board authority; (iii) updating the published date of federal regulations incorporated into the regulation; (iv) providing that the Department of Environmental Quality will not process incomplete registration statements; (v) revising effluent limitations for E. Coli and Enterococci to reflect the more stringent water quality standards that became effective October 21, 2019; (vi) clarifying language for annual, semi-annual, and quarterly reporting requirements; (vii) revising language to avoid end-result provisions; (viii) updating compliance reporting requirements, including revising provisions to address online reporting; (ix) updating language regarding general permit administrative transfer; and (x) updating the edition of the North American Industry Classification System (NAICS) Manual incorporated by reference into the regulation.

9VAC25-194-10. Definitions.

The words and terms used in this chapter shall have the meanings defined in the State Water Control Law and 9VAC25-31 (VPDES Permit Regulation) unless the context clearly indicates otherwise, except that for the purposes of this chapter:

"Board" means the State Water Control Board. When used outside the context of the promulgation of regulations, including regulations to establish general permits, "board" means the Department of Environmental Quality.

"Construction equipment" means trenchers, backhoes, boring equipment, bulldozers, loaders, dump trucks, and any other piece of earth moving equipment.

"Golf course equipment" means carts, utility vehicles, bunker rakes, groomers, seeders, and other turf equipment but does not mean equipment used in fertilizer, pesticide, or herbicide application.

"Inlet protection measures" means equipment and best management practices to minimize pollution to state waters via the storm drain. Equipment includes containment berms, barriers, or seals designed to prevent water from entering the inlet, weighted filters, or socks designed to remove metals, oil and grease, solids, and debris combined with other measures, including vacuuming of wastewater, shut off hose nozzles, washing, or directing wastewater to grassy areas.

"Laundry" means any self-service facility where the washing of clothes is conducted as designated by NAICS Code 812310 and SIC 7215. It does not include facilities that engage in dry cleaning.

"Lawn maintenance equipment" means motorized or hand operated lawn care equipment, including mowers, hedgers, aerators, augers, blowers, brush clearers, brush cutters, dethatchers, edgers, pole saws, power rakes, and tillers, but does not mean equipment used in fertilizer, pesticide, or herbicide application.

"NAICS" means North American Industry Classification System from the U.S. Office of Management and Budget, 2017 2022 edition.

"SIC" means the Standard Industrial Classification from the U.S. Office of Management and Budget Standard Industrial Classification Manual, 1987 edition.

"Total maximum daily load" or "TMDL" means a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards and an allocation of that amount to the pollutant's sources. A TMDL includes wasteload allocations (WLAs) for point source discharges, and load allocations (LAs) for nonpoint sources or natural background or both, and must include a margin of safety (MOS) and account for seasonal variations.

"Vehicle maintenance" means vehicle and equipment rehabilitation, mechanical repairs, painting, fueling, and lubrication.

"Vehicle wash" means any fixed or mobile facility where the manual, automatic, or self-service exterior washing of vehicles is conducted and includes the following:

1. Vehicles that convey passengers or goods on streets or highways, such as automobiles, trucks, motor homes, buses, motorcycles, ambulances, fire trucks, and tractor trailers. This industry primarily comprises establishments engaged in cleaning, washing, or waxing automotive vehicles, such as passenger cars, trucks, and vans, and trailers as designated by NAICS Code 811192 and Standard Industrial Classification (SIC) Code 7542;

2. Incidental floor cleaning wash waters associated with facilities that wash vehicles where the floor wash water also passes through the vehicle wash treatment system;

3. Golf course equipment and lawn maintenance equipment;

4. Maintenance and construction equipment;

5. Street sweepers and catch basin cleaner trucks; and

6. Recreational boats less than 8.6' beam and 25' in length towed by a vehicle.

"Vehicle wash" does not mean engine cleaning or degreasing; the cleaning of floors in vehicle maintenance areas, cleaning of the interior of tanks or trailers carrying bulk or raw material, cleaning of equipment used in the paving industry, cleaning of chemical, fertilizer, or pesticide spreading equipment, or cleaning of tanker trucks, garbage trucks, livestock trailers, trains, boats larger than 8.6' beam and 25' in length, or aircraft; or the use of acid caustic metal brighteners or steam heated water.

9VAC25-194-15. Applicability of incorporated references based on the dates that they became effective.

Except as noted, when a regulation of the U.S. Environmental Protection Agency (EPA) set forth in Title 40 of the Code of Federal Regulations (CFR) is referenced or adopted in this chapter and incorporated by reference, that regulation shall be as it exists and has been published as of July 1, 2021; however, references to 40 CFR Part 136 are incorporated as published in the July 1, 2024, update 2026.

9VAC25-194-40. Effective date of the permit.

This general permit will become effective on January 1, 2023 2028. This general permit will expire on December 31, 2027 2032. This general permit is effective for any covered owner upon compliance with all the provisions of 9VAC25-194-50.

9VAC25-194-50. Authorization to discharge.

A. Any owner governed by this general permit is hereby authorized to discharge wastewater as described in 9VAC25-194-20 to surface waters of the Commonwealth of Virginia provided that:

1. The owner files a registration statement in accordance with 9VAC25-194-60, and that registration statement is accepted by the board department;

2. The owner submits the required permit fee;

3. The owner complies with the applicable effluent limitations and other requirements of 9VAC25-194-70; and

4. The owner has not been notified by the board department that the discharge is not eligible for coverage under this permit in accordance with subsection B of this section.

B. The board department will notify an owner that the discharge is not eligible for coverage under this general permit in the event of any of the following:

1. The owner is required to obtain an individual permit in accordance with 9VAC25-31-170 B 3 of the VPDES Permit Regulation;

2. The owner is proposing to discharge to state waters specifically named in other board regulations that prohibit such discharges;

3. The discharge would violate the antidegradation policy in the Water Quality Standards at 9VAC25-260-30;

4. The discharge is not consistent with the assumptions and requirements of an approved TMDL; or

5. The discharge is to surface waters where there are central wastewater treatment facilities reasonably available, as determined by the board department.

C. Mobile vehicle wash owners shall operate such that there is no discharge to surface waters and storm sewers unless they have coverage under this permit.

D. Compliance with this general permit constitutes compliance, for purposes of enforcement, with §§ 301, 302, 306, 307, 318, 403, and 405(a) through (b) of the federal Clean Water Act and the State Water Control Law with the exceptions stated in 9VAC25-31-60 of the VPDES Permit Regulation. Approval for coverage under this general permit does not relieve any owner of the responsibility to comply with any other applicable federal, state, or local statute, ordinance, or regulation.

E. Continuation of permit coverage.

1. Permit coverage shall expire at the end of the applicable permit term. However, expiring permit coverages are automatically continued if the owner has submitted a complete registration statement at least 60 days prior to the expiration date of the permit or a later submittal date established by the board department, which cannot extend beyond the expiration date of the permit. The permittee is authorized to continue to discharge until such time as the board department either:

a. Issues coverage to the owner under this general permit; or

b. Notifies the owner that the discharge is not eligible for coverage under this permit.

2. When the owner that was covered under the expiring or expired general permit has violated or is violating the conditions of that permit, the board department may choose to do any or all of the following:

a. Initiate enforcement action based upon the general permit coverage that has been continued;

b. Issue a notice of intent to deny coverage under the amended general permit. If the general permit coverage is denied, the owner would then be required to cease the discharges authorized by the continued general permit coverage or be subject to enforcement action for discharging without a permit;

c. Issue an individual permit with appropriate conditions; or

d. Take other actions authorized by the VPDES Permit Regulation (9VAC25-31).

9VAC25-194-60. Registration statement.

A. Deadlines for submitting registration statements. Any owner seeking coverage under this general permit shall submit a complete VPDES general permit registration statement in accordance with this chapter, which shall serve as a notice of intent for coverage under the VPDES general permit regulation for vehicle wash facilities and laundry facilities.

1. New facilities. Any owner proposing a new discharge shall submit a complete registration statement at least 60 days prior to the date planned for commencement of the discharge or a later submittal established by the board department.

2. Existing facilities.

a. Any owner covered by an individual VPDES permit that is proposing to be covered by this general permit shall submit a complete registration statement at least 240 days prior to the expiration date of the individual VPDES permit or a later submittal established by the board department.

b. Any owner that was authorized to discharge under an expiring or expired VPDES general permit for vehicle wash facilities and laundry facilities and that intends to continue coverage under this general permit shall submit a complete registration statement to the board department at least 60 days prior to the expiration date of the existing permit or a later submittal established by the board department.

c. Any owner of a vehicle wash facility covered under this permit that had a monthly average flow rate of less than 5,000 gallons per day, and the flow rate increases above a monthly average flow rate of 5,000 gallons per day, shall submit an amended registration statement to the department within 60 days of the increased flow or a later submittal established by the board department.

B. Late registration statements. Registration statements for existing facilities covered under subdivision A 2 b of this section will be accepted after the expiration date of the permit, but authorization to discharge will not be retroactive.

C. The required registration statement shall contain the following information:

1. Facility name and mailing address, owner name and mailing address, telephone number, and email address (if available);

2. Facility street address (if different from mailing address);

3. Facility operator (local contact) name, address, telephone number, and email address (if available) if different than owner;

4. Whether the facility discharges to surface waters. If "yes," name of receiving stream; if "no," describe the discharge;

5. Whether the facility discharges to a municipal separate storm sewer system (MS4). If "yes," the facility owner must provide the name of the MS4 and notify the owner of the municipal separate storm sewer system of the existence of the discharge at the time of registration under this permit and include that notification with the registration statement. The notice shall include the following information: the name of the facility, a contact person, phone number, email, the location of the discharge, the nature of the discharge, and the facility's VPDES general permit number;

6. Whether the facility has a current VPDES permit. If "yes," provide permit number;

7. Whether the locality requires connection to central wastewater treatment facilities;

8. Whether central wastewater treatment facilities are available to serve the site. If "yes," the option of discharging to the central wastewater facility must be evaluated and the result of that evaluation reported here;

9. A USGS 7.5 minute U.S. Geological Survey (USGS) 7.5-minute topographic map or equivalent computer generated computer-generated map showing with sufficient resolution to clearly show the facility location, the discharge locations location, latitude and longitude, and receiving stream;

10. Provide a A brief description of the type of washing activity. Include, including (as applicable) the type of vehicles washed, number of vehicle washing bays, and the number of laundry machines;

11. Highest average monthly flow rate for each washing activity or combined washing activity, reported as gallons per day;

12. Facility line (water balance) drawing;

13. Description of wastewater treatment or stormwater inlet protection measures;

14. Information on use of chemicals at the facility. Include, including detergents, soaps, waxes, and other chemicals;

15. Whether detergent used for washing vehicles contains more than 0.5% phosphorus by weight;

16. State Corporation Commission entity identification number if the facility is required to obtain an entity identification number by law; and

17. The following certification:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment for knowing violations."

The registration statement shall be signed in accordance with 9VAC25-31-110 of the VPDES Permit Regulation.

D. The registration statement shall be delivered by either postal or electronic mail to the DEQ regional office serving the area where the facility is located. Following notification from the department of the start date for the required electronic submission of Notices of Intent to discharge forms (i.e., registration statements) as provided for in 9VAC25-31-1020, such forms submitted after that date shall be electronically submitted to the department in compliance with this section and 9VAC25-31-1020. There shall be at least three months' a three-month notice provided between the notification from the department and the date after which such forms must be submitted electronically.

E. Incomplete registration statements. An incomplete registration statement for coverage under this general permit may be closed as incomplete by the department for failure to provide the required information within 30 calendar days of the date of the department's latest written request for additional information. When the department closes a registration statement because it is incomplete, a new, complete registration statement will be required for an owner seeking coverage under this general permit.

9VAC25-194-70. General permit.

Any owner whose registration statement is accepted by the board department shall comply with the requirements of the general permit and be subject to all requirements of 9VAC25-31-170 of the VPDES Permit Regulation.

General Permit No.: VAG75
Effective Date: January 1, 2023 2028
Expiration Date: December 31, 2027 2032
GENERAL PERMIT FOR VEHICLE WASH FACILITIES AND LAUNDRY FACILITIES

AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM AND THE VIRGINIA STATE WATER CONTROL LAW

In compliance with the provisions of the Clean Water Act, as amended, and pursuant to the State Water Control Law and regulations adopted pursuant thereto, owners of vehicle wash facilities and laundry facilities are authorized to discharge to surface waters within the boundaries of the Commonwealth of Virginia, except those specifically named in board regulations that prohibit such discharges.

The authorized discharge shall be in accordance with the information submitted with the registration statement, this cover page, Part I - Effluent Limitations, Monitoring Requirements, Special Conditions and Part II - Conditions Applicable to All VPDES Permits, as set forth in this general permit.

Part I

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS.

1. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater originating from vehicle wash facilities that discharge a monthly average flow rate less than or equal to 5,000 gallons per day from outfalls:

Such discharges shall be limited and monitored by the permittee as specified below in the following table:

EFFLUENT CHARACTERISTICS	DISCHARGE LIMITATIONS		MONITORING REQUIREMENTS
	Minimum	Maximum	Frequency (3)	Sample Type
Flow (GPD)	NA	5,000	1/Year	Estimate
pH (S.U.)	6.0(1)	9.0(1)	1/Year	Grab
TSS (mg/l mg/L)	NA	60(2)	1/Year	Composite (4)
Oil and Grease (mg/l mg/L)	NA	15	1/Year	Grab
NL - No Limitation, monitoring requirement only NA - Not applicable (1)Where the Water Quality Standards (9VAC25-260) establish alternate standards for pH in waters receiving the discharge, those standards shall be the maximum and minimum effluent limitations. (2)Limit given is expressed in two significant figures. (3) Discharge Monitoring Reports (DMRs) of yearly monitoring (January 1 to December 31) Annual samples shall be collected by December 31 of each year and reported on the facility's Discharge Monitoring Report (DMR). DMRs shall be submitted to the DEQ regional office no later than the 10th day of January 10 of each the following calendar year. (4)Five grab samples evenly spaced over an eight-hour period or five grab samples evenly spaced for the duration of the discharge if less than eight hours in length.

Part I

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS.

2. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater originating from vehicle wash facilities that discharge a monthly average flow rate greater than 5,000 gallons per day from outfalls:

Such discharges shall be limited and monitored by the permittee as specified below in the following table:

EFFLUENT CHARACTERISTICS	DISCHARGE LIMITATIONS		MONITORING REQUIREMENTS
	Minimum	Maximum	Frequency (3)	Sample Type
Flow (GPD)	NA	NL	1/6 Months	Estimate
pH (S.U.)	6.0(1)	9.0(1)	1/6 Months	Grab
TSS (mg/l mg/L)	NA	60(2)	1/6 Months	Composite (4)
Oil and Grease (mg/l mg/L)	NA	15	1/6 Months	Grab
NL - No Limitation, monitoring requirement only NA - Not applicable (1)Where the Water Quality Standards (9VAC25-260) establish alternate standards for pH in waters receiving the discharge, those standards shall be the maximum and minimum effluent limitations. (2)Limit given is expressed in two significant figures. (3)Samples Semiannual samples shall be collected by December 31 and June 30 of each year and reported on the facility's Discharge Monitoring Report (DMR). DMRs shall be submitted by to the DEQ regional office no later than January 10 and July 10 of each year following each applicable semiannual monitoring period. (4)Five grab samples evenly spaced over an eight-hour period or five grab samples evenly spaced for the duration of the discharge if less than eight hours in length.

Part I

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS.

3. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater originating from a laundry facility from outfalls:

Such discharges shall be limited and monitored by the permittee as specified below in the following table:

EFFLUENT CHARACTERISTICS	DISCHARGE LIMITATIONS		MONITORING REQUIREMENTS
	Minimum	Maximum	Frequency (3)	Sample Type
Flow (GPD)	NA	NL	1/Quarter	Estimate
pH (S.U.)	6.0(1)	9.0(1)	1/Quarter	Grab
TSS (mg/l mg/L)	NA	60(2)	1/Quarter	Grab
BOD5 (mg/l mg/L)	NA	60(1), (2)	1/Quarter	Grab
Dissolved Oxygen (mg/l mg/L)	6.0(1)	NA	1/Quarter	Grab
Temperature °C	NA	32 (1), (4)	1/6 Months	Immersion Stabilization
Total Residual Chlorine (mg/l mg/L)	NA	.011 0.011(1)	1/Quarter	Grab
E. Coli(5)	NA	235 126 CFU/100 ml mL	1/6 Months	Grab
Enterococci(6)	NA	104 35 CFU/100 ml mL	1/6 Months	Grab
Fecal Coliform(7)	NA	200 CFU/100 ml mL	1/6 Months	Grab
NL - No Limitation, monitoring requirement only NA - Not applicable CFU – Colony forming units (1)Where the Water Quality Standards (9VAC25-260) establish alternate standards for pH, BOD5, DO, TRC and temperature in waters receiving the discharge, those standards shall be, as appropriate, the maximum and minimum effluent limitations. (2)Limit given is expressed in two significant figures. (3) Reports of quarterly monitoring Quarterly samples shall be collected by March 31, June 30, September 30, and December 31 of each year and reported on the facility's Discharge Monitoring Report (DMR). DMRs shall be submitted to the DEQ regional office no later than the 10th day of April 10, July 10, October 10, and January 10 following each applicable quarterly period. Reports of once per six months Semiannual samples shall be collected by June 30 and December 31 of each year and reported on the facility's DMR. DMRs shall be submitted to the DEQ regional office no later than the 10th day of January 10 and the 10th day of July 10 for samples collected by December 31 and June 30 of each year following each applicable semiannual monitoring period. (4)The effluent temperature shall not exceed a maximum 32°C for discharges to nontidal coastal and piedmont waters, 31°C for mountain and upper piedmont waters, 21°C for put and take trout waters, or 20°C for natural trout waters. For estuarine waters, nontidal coastal and piedmont waters, mountain and upper piedmont waters, and put and take trout waters, the effluent shall not cause an increase in temperature of the receiving stream of more than 3°C above the natural water temperature. For natural trout waters, the temperature of the effluent shall not cause an increase of 1°C above natural water temperature. The effluent shall not cause the temperature in the receiving stream to change more than 2°C per hour, except in the case of natural trout waters where the hourly temperature change shall not exceed 0.5°C. (5)Applies only when the discharge is into freshwater (see 9VAC25-260-140 C for the classes of waters and boundary designations). (6)Applies only when the discharge is into saltwater or the transition zone (see 9VAC25-260-140 C for the classes of waters and boundary designations). (7)Applies only when the discharge is into shellfish waters (see 9VAC25-260-160 for the description of what are shellfish waters).

Part I

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS.

4. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater originating from a combined vehicle wash and laundry facility from outfalls:

Such discharges shall be limited and monitored by the permittee as specified below in the following table:

EFFLUENT CHARACTERISTICS	DISCHARGE LIMITATIONS		MONITORING REQUIREMENTS
	Minimum	Maximum	Frequency (3)	Sample Type
Flow (GPD)	NA	NL	1/Quarter	Estimate
pH (S.U.)	6.0(1)	9.0(1)	1/Quarter	Grab
TSS (mg/l mg/L)	NA	60(2)	1/Quarter	5G/8HC
BOD5 (mg/l mg/L)	NA	60(1), (2)	1/Quarter	Grab
Oil and Grease (mg/L)	NA	15	1/6 Months	Grab
Dissolved Oxygen (mg/l mg/L)	6.0(1)	NA	1/Quarter	Grab
Temperature °C	NA	32 (1), (4)	1/6 Months	Immersion Stabilization
Total Residual Chlorine (mg/l mg/L)	NA	.011 0.011(1)	1/Quarter	Grab
E. Coli(5)	NA	235 126 CFU/100 ml mL	1/6 Months	Grab
Enterococci(6)	NA	104 35 CFU/100 ml mL	1/6 Months	Grab
Fecal Coliform(7)	NA	200 CFU/100 ml mL	1/6 Months	Grab
NL - No Limitation, monitoring requirement only NA - Not applicable CFU – Colony forming units (1)Where the Water Quality Standards (9VAC25-260) establish alternate standards for pH, BOD5, DO, TRC and temperature in waters receiving the discharge, those standards shall be, as appropriate, the maximum and minimum effluent limitations. (2)Limit given is expressed in two significant figures. (3) Reports of quarterly monitoring Quarterly samples shall be collected by March 31, June 30, September 30, and December 31 of each year and reported on the facility's Discharge Monitoring Report (DMR). DMRs shall be submitted to the DEQ regional office no later than the 10th day of April 10, July 10, October 10, and January 10 following each applicable quarterly monitoring period. Semiannual samples shall be collected by June 30 and December 31 of each year and reported on the facility's DMR. Reports of once per six months DMRs shall be submitted to the DEQ regional office no later than the 10th day of January 10 and the 10th day of July 10 for samples collected by December 31 and June 30 of each year following each applicable semiannual monitoring period. (4)The effluent temperature shall not exceed a maximum 32°C for discharges to nontidal coastal and piedmont waters, 31°C for mountain and upper piedmont waters, 21°C for put and take trout waters, or 20°C for natural trout waters. For estuarine waters, nontidal coastal and piedmont waters, mountain and upper piedmont waters, and put and take trout waters, the effluent shall not cause an increase in temperature of the receiving stream of more than 3°C above the natural water temperature. For natural trout waters, the temperature of the effluent shall not cause an increase of 1°C above natural water temperature. The effluent shall not cause the temperature in the receiving stream to change more than 2°C per hour, except in the case of natural trout waters where the hourly temperature change shall not exceed 0.5°C. (5)Applies only when the discharge is into freshwater (see 9VAC25-260-140 C for the classes of waters and boundary designations). (6)Applies only when the discharge is into saltwater or the transition zone (see 9VAC25-260-140 C for the classes of waters and boundary designations). (7)Applies only when the discharge is into shellfish waters (see 9VAC25-260-160 for the description of what are shellfish waters).

B. Special conditions.

1. The permittee of a vehicle wash facility shall perform visual examinations of the effluent including sheens, floating solids, or visible foam and maintenance of the wastewater treatment facilities and inlet protection measures, if applicable, at least once per week and document this visual examination and maintenance activities in the operational log. This operational log shall include the examination date and time, examination personnel, presence of a discharge, and the visual quality of the discharge. The operational log shall be made available for review by the department personnel upon request.

2. The effluent shall be free of sheens. There shall be no discharge of floating solids or visible foam in other than trace amounts.

3. No sewage shall be discharged from a point source to surface waters from this facility except under the provisions of another VPDES permit specifically issued for that purpose.

4. There shall be no chemicals added to the water or waste that may be discharged other than those listed on the owner's accepted registration statement, unless prior approval of the chemical is granted by the board department.

5. Wastewater should be reused or recycled whenever feasible.

6. The permittee of a vehicle wash facility shall comply with the following solids management plan requirements, where applicable:

a. Any settling basins or oil water separators shall be cleaned in accordance with the schedule outlined in the operation and maintenance (O&M) manual and at a frequent enough interval to achieve effective treatment.

b. Any solids from settling basins, oil water separators, trash, or other debris shall be handled, stored, and disposed of so as to prevent a discharge to state waters of such solids.

7. Washing of vehicles or containers bearing residue of animal manure or toxic chemicals (fertilizers, organic chemicals, etc.) is prohibited. If the facility is a self-service operation, the permittee shall post this prohibition on a sign prominently located and of sufficient size to be easily read by all patrons.

8. If the facility has a vehicle wash discharge with a monthly average flow rate of less than 5,000 gallons per day, and the flow rate increases above a monthly average flow rate of 5,000 gallons per day, an amended registration statement shall be filed within 30 days of the increased flow.

9. A permittee submitting a registration statement in accordance with Part II M and discharging into a municipal separate storm sewer shall notify the owner of the municipal separate storm sewer system of the existence of the discharge at the time of registration under this permit and include that notification with the registration statement. The notice shall include the following information: the name of the facility, a contact person and contact information (phone number and email), the location of the discharge, the nature of the discharge, and the facility's VPDES general permit number, if known or existing.

10. Approval for coverage under this general permit does not relieve any owner of the responsibility to comply with any other federal, state, or local statute, ordinance, or regulation.

11. The owner of a facility discharging vehicle wash water directly to a stormwater drain shall provide inlet protection measures in addition to meeting all other requirements of the permit.

12. The permittee shall notify the department as soon as the permittee knows or has reason to believe:

a. That any activity has occurred or will occur that would result in the discharge, on a routine or frequent basis, of any toxic pollutant that is not limited in this permit, if that discharge will exceed the highest of the following notification levels:

(1) One hundred micrograms per liter of the toxic pollutant;

(2) Two hundred micrograms per liter for acrolein and acrylonitrile; five hundred micrograms per liter for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter for antimony;

(3) Five times the maximum concentration value reported for that pollutant in the permit application; or

(4) The level established by the board or the department.

b. That any activity has occurred or will occur that would result in any discharge, on a nonroutine or infrequent basis, of a toxic pollutant that is not limited in this permit, if that discharge will exceed the highest of the following notification levels:

(1) Five hundred micrograms per liter of the toxic pollutant;

(2) One milligram per liter for antimony;

(3) Ten times the maximum concentration value reported for that pollutant in the permit application; or

(4) The level established by the board department.

13. Operation and maintenance manual requirement. The permittee shall develop and maintain an accurate operation and maintenance (O&M) manual for the wastewater treatment works and applicable inlet protection measures. This manual shall detail the practices and procedures that will be followed to ensure compliance with the requirements of this permit. The permittee shall operate and maintain the treatment works and the inlet protection measures in accordance with the O&M manual. The O&M manual shall be reviewed and updated at least annually and shall be signed and certified in accordance with Part II K of this permit. The O&M manual shall be made available for review by the department personnel upon request. The O&M manual shall include the following items, as appropriate:

a. Techniques to be employed in the collection, preservation, and analysis of effluent samples;

b. Stormwater inlet protection measure directions for use and maintenance of equipment;

c. Best management practices employed;

d. Treatment system operation, routine preventive maintenance of units within the treatment system, critical spare parts inventory, and recordkeeping;

e. A sludge/solids Sludge/solids management plan practices, including the schedule for settling basin or oil water separator cleaning and solids handling as required by Part I B 6;

f. Procedures for performing the visual examination and maintenance required by Part I B 1 including example log sheets and the location of the operational log; and

g. Date when the O&M manual was updated or reviewed and any changes that were made.

14. Compliance reporting under Part I A 1 through 4.

a. The quantification levels (QL) shall be as follows:

	Effluent Characteristic	Quantification Level
	BOD5	2 mg/l mg/L
	TSS Oil and Grease	1.0 mg/l mg/L 5.0 mg/l mg/L
	Chlorine	0.10 mg/l mg/L

The QL is defined as the lowest concentration used to calibrate a measurement system in accordance with the procedures published for the test method.

b. Reporting. Any single datum required shall be reported as "<QL" if it is less than the QL in subdivision 14 a of this subsection. Otherwise, the numerical value shall be reported. The QL must be less than or equal to the QL in subdivision 14 a of this subsection.

c. Monitoring results shall be reported using the same number of significant digits as listed in the permit. Regardless of the rounding convention used by the permittee (e.g., five always rounding up or to the nearest even number), the permittee shall use the convention consistently and shall ensure that consulting laboratories employed by the permittee use the same convention.

15. The discharges authorized by this permit shall be controlled as necessary to meet applicable through the effluent limitations, best management practices, and other conditions specified in this permit such that the discharges do not cause or contribute to a violation of water quality standards in 9VAC25-260.

16. Discharges to waters with an approved total maximum daily load (TMDL). Owners of facilities that are a source of the specified pollutant of concern to waters where an approved TMDL has been established shall implement measures and controls that are consistent with the assumptions and requirements of the TMDL.

17. Notice of termination.

a. The owner may terminate coverage under this general permit by filing a complete notice of termination with the department. The notice of termination may be filed after one or more of the following conditions have been met:

(1) Operations have ceased at the facility and there are no longer wastewater discharges from vehicle wash or laundry activities from the facility;

(2) A new owner has assumed responsibility for the facility. A notice of termination does not have to be submitted if a VPDES Change of Ownership Agreement form has been submitted;

(3) All discharges associated with this facility have been covered by a VPDES individual permit or an alternative VPDES permit; or

(4) Termination of coverage is requested for another reason provided the board department agrees that coverage under this general permit is no longer needed.

b. The notice of termination shall contain the following information:

(1) Owner's name, mailing address, telephone number, and email address (if available);

(2) Facility name and location;

(3) VPDES vehicle wash facilities and laundry facilities general permit number; and

(4) The basis for submitting the notice of termination, including:

(a) A statement indicating that a new owner has assumed responsibility for the facility;

(b) A statement indicating that operations have ceased at the facility and there are no longer wastewater discharges from vehicle wash or laundry activities from the facility;

(c) A statement indicating that all wastewater discharges from vehicle wash facilities and laundry facilities have been covered by an individual VPDES permit; or

(d) A statement indicating that termination of coverage is being requested for another reason (state the reason).

c. The following certification:

"I certify under penalty of law that all wastewater discharges from vehicle wash or laundry facilities from the identified facility that are authorized by this VPDES general permit have been eliminated, or covered under a VPDES individual or alternative permit, or that I am no longer the owner of the industrial activity, or permit coverage should be terminated for another reason listed above. I understand that by submitting this notice of termination, that I am no longer authorized to discharge wastewater from vehicle wash facilities or laundry facilities in accordance with the general permit, and that discharging pollutants in wastewater from vehicle wash facilities or laundry facilities to surface waters is unlawful where the discharge is not authorized by a VPDES permit. I also understand that the submittal of this notice of termination does not release an owner from liability for any violations of this permit or the Clean Water Act."

d. The notice of termination shall be signed in accordance with Part II K.

e. The notice of termination shall be submitted to the DEQ regional office serving the area where the vehicle wash or laundry facility is located.

Part II
CONDITIONS APPLICABLE TO ALL VPDES PERMITS

A. Monitoring.

1. Samples and measurements taken as required by this permit shall be representative of the monitored activity.

2. Monitoring shall be conducted according to procedures approved under 40 CFR Part 136 or alternative methods approved by the U.S. Environmental Protection Agency unless other procedures have been specified in this permit.

3. The permittee shall periodically calibrate and perform maintenance procedures on all monitoring and analytical instrumentation at intervals that will ensure accuracy of measurements.

4. Samples taken as required by this permit shall be analyzed in accordance with 1VAC30-45, Certification for Noncommercial Environmental Laboratories, or 1VAC30-46, Accreditation for Commercial Environmental Laboratories.

B. Records.

1. Records of monitoring information shall include:

a. The date, exact place, and time of sampling or measurements;

b. The individuals who performed the sampling or measurements;

c. The dates and times analyses were performed;

d. The individuals who performed the analyses;

e. The analytical techniques or methods used; and

f. The results of such analyses.

2. Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years, the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the registration statement for this permit, for a period of at least three years from the date of the sample, measurement, report or request for coverage. This period of retention shall be extended automatically during the course of any unresolved litigation regarding the regulated activity or regarding control standards applicable to the permittee, or as requested by the board department.

C. Reporting monitoring results.

1. The permittee shall submit the results of the monitoring required by this permit not later than the 10th day of the month after monitoring takes place, unless another reporting schedule is specified elsewhere in this permit. Monitoring results shall be submitted to the department's regional office.

2. Monitoring results shall be reported on a Discharge Monitoring Report (DMR) or on forms provided, approved or specified by the department. Following notification from the department of the start date for the required electronic submission of monitoring reports, as provided for in 9VAC25-31-1020, such forms and reports submitted after that date shall be electronically submitted to the department in compliance with this section and 9VAC25-31-1020. There shall be at least a three months' notice provided between the notification from the department and the date after which such forms and reports must be submitted electronically.

3. If the permittee monitors any pollutant specifically addressed by this permit more frequently than required by this permit using test procedures approved under 40 CFR Part 136 or using other test procedures approved by the U.S. Environmental Protection Agency or using procedures specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR or reporting form specified by the department.

4. Calculations for all limitations that require averaging of measurements shall utilize an arithmetic mean unless otherwise specified in this permit.

D. Duty to provide information. The permittee shall furnish to the department, within a reasonable time, any information that the board department may request to determine whether cause exists for terminating coverage under this permit or to determine compliance with this permit. The board department may require the permittee to furnish, upon request, such plans, specifications, and other pertinent information as may be necessary to determine the effect of the wastes from the permittee's discharge on the quality of state waters, or such other information as may be necessary to accomplish the purposes of the State Water Control Law. The permittee shall also furnish to the department upon request, copies of records required to be kept by this permit.

E. Compliance schedule reports. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each schedule date.

F. Unauthorized discharges. Except in compliance with this permit or another permit issued by the board department, it shall be unlawful for any person to:

1. Discharge into state waters sewage, industrial wastes, other wastes, or any noxious or deleterious substances; or

2. Otherwise alter the physical, chemical or biological properties of such state waters and make them detrimental to the public health, or to animal or aquatic life, or to the use of such waters for domestic or industrial consumption, or for recreation, or for other uses.

G. Reports of unauthorized discharges. Any permittee who discharges or causes or allows a discharge of sewage, industrial waste, other wastes or any noxious or deleterious substance into or upon state waters in violation of Part II F, or who discharges or causes or allows a discharge that may reasonably be expected to enter state waters in violation of Part II F, shall notify the department of the discharge immediately (see Part II I 4) upon discovery of the discharge, but in no case later than 24 hours after said the discovery. A written report of the unauthorized discharge shall be submitted to the department within five days of discovery of the discharge. The written report shall contain:

1. A description of the nature and location of the discharge;

2. The cause of the discharge;

3. The date on which the discharge occurred;

4. The length of time that the discharge continued;

5. The volume of the discharge;

6. If the discharge is continuing, how long it is expected to continue;

7. If the discharge is continuing, what the expected total volume of the discharge will be; and

8. Any steps planned or taken to reduce, eliminate and prevent a recurrence of the present discharge or any future discharges not authorized by this permit.

Discharges reportable to the department under the immediate reporting requirements of other regulations are exempted from this requirement.

H. Reports of unusual or extraordinary discharges. If any unusual or extraordinary discharge, including a bypass or upset, should occur from a treatment works, and the discharge enters or could be expected to enter state waters, the permittee shall promptly notify (see Part II I 4), in no case later than 24 hours, the department after the discovery of the discharge. This notification shall provide all available details of the incident, including any adverse effects on aquatic life and the known number of fish killed. The permittee shall submit the report to the department in writing within five days of discovery of the discharge in accordance with Part II I 2. Unusual and extraordinary discharges include any discharge resulting from:

1. Unusual spillage of materials resulting directly or indirectly from processing operations;

2. Breakdown of processing or accessory equipment;

3. Failure or taking out of service some or all of the treatment works; and

4. Flooding or other acts of nature.

I. Reports of noncompliance. The permittee shall report any noncompliance that may adversely affect state waters or may endanger public health.

1. An oral or online report shall be provided within 24 hours from the time the permittee becomes aware of the circumstances. The following shall be included as information that shall be reported within 24 hours under this subsection:

a. Any unanticipated bypass; and

b. Any upset which causes a discharge to surface waters.

2. A written report shall be submitted within five days and shall contain:

a. A description of the noncompliance and its cause;

b. The period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and

c. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.

The board department may waive the written report on a case-by-case basis for reports of noncompliance under Part II I if the oral or online report has been received within 24 hours and no adverse impact on state waters has been reported.

3. The permittee shall report all instances of noncompliance not reported under Part II I 1 or 2, in writing, at the time the next monitoring reports are submitted. The reports shall contain the information listed in Part II I 2.

4. The immediate (within 24 hours) reports required in Part II G, H, and I may shall be made to the department's regional office. Reports may be made by telephone or online at https://www.deq.virginia.gov/land-waste/pollution-response (online reporting is preferred). For reports outside normal working hours, leave a message and this the online portal shall fulfill the immediate reporting requirement be used. For emergencies, call the Virginia Department of Emergency Operations Center (24 hours) Management maintains a 24-hour telephone service at 804-750-8845.

5. Where the permittee becomes aware that it failed to submit any relevant facts in a permit registration statement or in any report to the department, it shall promptly submit such facts or information.

J. Notice of planned changes.

1. The permittee shall give notice to the department as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when:

a. The permittee plans alteration or addition to any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced:

(1) After promulgation of standards of performance under § 306 of the Clean Water Act that are applicable to such source; or

(2) After proposal of standards of performance in accordance with § 306 of the Clean Water Act that are applicable to such source, but only if the standards are promulgated in accordance with § 306 within 120 days of their proposal;

b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants that are subject neither to effluent limitations nor to notification requirements specified in Part I B 12; or

c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alteration, addition, or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit registration process or not reported pursuant to an approved land application plan.

2. The permittee shall give advance notice to the department of any planned changes in the permitted facility or activity that may result in noncompliance with permit requirements.

K. Signatory requirements.

1. Registration statement. All registration statements shall be signed as follows:

a. For a corporation: by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means: (i) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy-making or decision-making functions for the corporation, or (ii) the manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure ensure long-term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit registration requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;

b. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or

c. For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a public agency includes: (i) the chief executive officer of the agency, or and (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency.

2. Reporting requirements. All reports required by permits and other information requested by the board department shall be signed by a person described in Part II K 1 or by a duly authorized representative of that person. A person is a duly authorized representative only if:

a. The authorization is made in writing by a person described in Part II K 1;

b. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. A duly authorized representative may thus be either a named individual or any individual occupying a named position; and

c. The written authorization is submitted to the department.

3. Changes to authorization. If an authorization under Part II K 2 is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of Part II K 2 shall be submitted to the department prior to or together with any reports or information to be signed by an authorized representative.

4. Certification. Any person signing a document under Part II K 1 or 2 shall make the following certification:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

L. Duty to comply. The permittee shall comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the State Water Control Law and the Clean Water Act, except that noncompliance with certain provisions of this permit may constitute a violation of the State Water Control Law but not the Clean Water Act. Permit noncompliance is grounds for enforcement action, for permit coverage termination, or for denial of a permit coverage renewal application.

The permittee shall comply with effluent standards or prohibitions established under § 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if this permit has not yet been modified to incorporate the requirement.

M. Duty to reapply. If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee shall submit a new registration statement at least 60 days before the expiration date of the existing permit, unless permission for a later date has been granted by the board department. The board department shall not grant permission for registration statements to be submitted later than the expiration date of the existing permit.

N. Effect of a permit. This permit does not convey any property rights in either real or personal property or any exclusive privileges, nor. This permit does it not authorize any injury to private property or invasion of personal rights, or any infringement of federal, state, or local law or regulations.

O. State law. Nothing in this permit shall be construed to preclude the institution of any legal action under, or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any other state law or regulation or under authority preserved by § 510 of the Clean Water Act. Except as provided in permit conditions on "bypassing" (Part II U) and "upset" (Part II V), nothing in this permit shall be construed to relieve the permittee from civil and criminal penalties for noncompliance.

P. Oil and hazardous substance liability. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under Article 11 (§ 62.1-44.34:14 et seq.) of the State Water Control Law.

Q. Proper operation and maintenance. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) that are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes effective plant performance, adequate funding, adequate staffing, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by the permittee only when the operation is necessary to achieve compliance with the conditions of this permit.

R. Disposal of solids or sludges. Solids, sludges, or other pollutants removed in the course of treatment or management of pollutants shall be disposed of in a manner so as to prevent any pollutant from such materials from entering state waters.

S. Duty to mitigate. The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment.

T. Need to halt or reduce activity not a defense. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.

U. Bypass.

1. The permittee may allow any bypass to occur that does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure ensure efficient operation. These bypasses are not subject to the provisions of Part II U 2 and U 3.

2. Notice.

a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, prior notice shall be submitted, if possible, at least 10 days before the date of the bypass.

b. Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II I.

3. Prohibition of bypass.

a. Bypass is prohibited, and the board department may take enforcement action against a permittee for bypass, unless:

(1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

(2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass that occurred during normal periods of equipment downtime or preventive maintenance; and

(3) The permittee submitted notices as required under Part II U 2.

b. The board department may approve an anticipated bypass, after considering its adverse effects, if the board department determines that it will meet the three conditions listed in Part II U 3 a.

V. Upset.

1. An upset constitutes an affirmative defense to an action brought for noncompliance with technology based permit effluent limitations if the requirements of Part II V 2 are met. A determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is not a final administrative action subject to judicial review.

2. A permittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed, contemporaneous operating logs, or other relevant evidence that:

a. An upset occurred and that the permittee can identify the causes of the upset;

b. The permitted facility was at the time being properly operated;

c. The permittee submitted notice of the upset as required in Part II I; and

d. The permittee complied with any remedial measures required under Part II S.

3. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof.

W. Inspection and entry. The permittee shall allow the director, or an authorized representative, (including an authorized contractor acting as a representative of the administrator), upon presentation of credentials and other documents as may be required by law to:

1. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit;

2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit;

3. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and

4. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act and the State Water Control Law, any substances or parameters at any location.

For purposes of this section, the time for inspection shall be deemed reasonable during regular business hours, and whenever the facility is discharging. Nothing contained herein in this general permit shall make an inspection unreasonable during an emergency.

X. Permit actions. Permit coverage may be terminated for cause. The filing of a request by the permittee for a permit coverage termination or a notification of planned changes or anticipated noncompliance does not stay any permit condition.

Y. Transfer of permit coverage.

1. Permit coverage is not transferable to any person except after notice to the department.

2. Coverage under this permit may be automatically administratively transferred to a new permittee owner if:

a. The current permittee notifies the department within no less than 30 days in advance of the transfer of the title to the facility or property, unless permission for a later date has been granted by the department;

b. The notice includes a written agreement between the existing permittee and the new permittees containing a specific owner stating that the date for transfer of permit responsibility, coverage, and liability between them will be the date the title transfer occurs; and

c. The department receives, no later than 30 days after the title transfer date, sufficient evidence, which may include a sale contract, bill of sale, or other documentation, to demonstrate to the department's satisfaction that the title transfer has occurred.

c. The board 3. If the department does not notify the existing permittee and the proposed new permittee owner of its intent to modify or revoke and reissue deny the new owner coverage under the permit. If this notice is not received, the transfer is effective on the date specified in the title transfer occurred as demonstrated by the agreement mentioned in documentation required in Part II Y 2 b c. The transfer shall not be effective in the absence of documentation required in Part II Y 2 c.

Z. Severability. The provisions of this permit are severable, and, if any provision of this permit or the application of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby.

DOCUMENTS INCORPORATED BY REFERENCE (9VAC25-194)

Standard Industrial Classification (SIC) Manual, 1987, U.S. Office of Management and Budget, National Technical Information Service, Order No. PB 87-100012.

North American Industry Classification System (NAICS) Manual, 2022, U.S. Office of Management and Budget, National Technical System Information Service

TITLE 12. HEALTH

STATE BOARD OF HEALTH

Fast-Track Regulation

Titles of Regulations: 12VAC5-71. Regulations Governing Virginia Newborn Screening Services (amending 12VAC5-71-10, 12VAC5-71-150; repealing 12VAC5-71-210 through 12VAC5-71-260).

12VAC5-72. Regulations Governing Virginia Critical Congenital Heart Disease Newborn Screening Services (adding 12VAC5-72-10 through 12VAC5-72-90).

Statutory Authority: §§ 32.1-12, 32.1-65.1, and 32.1-67 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: December 2, 2026.

Effective Date: December 17, 2026.

Agency Contact: Andrea Mendes, Newborn Screening Programs Supervisor, Office of Family Health Services, Virginia Department of Health, telephone (686) 208-7902, or email andrea.mendes@vdh.virginia.gov.

Basis: Section 32.1-12 of the Code of Virginia authorizes the State Board of Health to make, adopt, promulgate, and enforce regulations. Section 32.1-65.1 of the Code of Virginia requires critical congenital heart disease (CCHD) newborn screening to be conducted on every infant born in the Commonwealth of Virginia based on standards set forth by the American Academy of Pediatrics (AAP). Section 32.1-67 of the Code of Virginia requires the board to promulgate regulations necessary to implement newborn screening services.

Purpose: This action is essential to the public health, safety, and welfare because it clarifies the roles and responsibilities of health care providers based on different newborn screenings. There has been confusion reported by Out-of-Hospital (OOH) providers regarding the newborn screening regulations as written, as not all regulations are applicable to all birth providers. As this regulation helps ensure newborns born in the Commonwealth receive medically necessary screenings, sufficient clarity and readability are vital for regulants to provide and receive these services.

Rationale for Using Fast-Track Rulemaking Process: This action is expected to be noncontroversial and therefore appropriate for the fast-track rulemaking process because it moves existing regulations into a new chapter with minor edits that do not substantially affect existing requirements or the stakeholders who are required to follow this regulation.

Substance: The amendments (i) replace 12VAC5-71-210 through 12VAC5-71-260, relating to CCHD newborn screenings, with a new chapter, Regulations Governing Virginia Critical Congenital Heart Disease Newborn Screening Services (12VAC5-72); (ii) update and add to existing definitions applicable to the new chapter; (iii) update language to ensure alignment with the most recent best practices and scientific information on CCHD; (iv) more clearly identify the CCHD Newborn Screening Program within the Virginia Department of Health as the program assigned to oversee the mandate and regulations; (v) clarify the process for parents and providers to document refusals of screenings; and (vi) add information regarding confidentiality of the screening results.

Issues: The primary advantage to the public, the agency, the Commonwealth, and other relevant stakeholders is improved clarity of the regulation for regulants, including hospitals and health care providers. Clarifying language addresses the roles and responsibilities of providers related to newborn screening services, specifically screening for CCHD and reporting results of CCHD newborn screenings. There are no disadvantages to the public, the agency, the Commonwealth, or other relevant stakeholders.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. As a result of a 2021 periodic review,² the State Board of Health (board) proposes to relocate part of 12VAC5- 71) into a new chapter, 12VAC5-72 that applies only to screenings for critical congenital heart disease.

Background. Currently, this regulation establishes rules for protocols, screenings, results reporting, care coordination, records, and screening refusals for three types of newborn screenings: newborn dried blood spot screenings, newborn heart hearing screenings, and critical congenital heart disease (CCHD) screenings. However, CCHD rules have a narrower applicability in that out-of-hospital (OOH) births and providers (e.g., births at home and midwives) are not subject to CCHD screening rules. The Virginia Department of Health (VDH) reports that this has caused confusion for the regulated community, particularly for OOH birth providers. Thus, the board proposes to remove the CCHD provisions from the current newborn screening regulation and create a new regulation that just addresses CCHD screening. In addition, the proposed changes make strictly editorial and stylistic changes to improve clarity of CCHD screening rules.

Estimated Benefits and Costs. The proposal would relocate the CCHD regulation into a new chapter and clarify the requirements. Thus, no significant economic impact is expected other than clarifying roles and responsibilities of the health care providers for the different newborn screenings.

Businesses and Other Entities Affected. According to VDH, there are 49 birthing hospitals and 72 non-birthing hospitals. In 2023, 52,919 CCHD screenings were conducted. No entity appears to be disproportionately affected. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁴ An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.⁵ No adverse impact is indicated on any entity.

Small Businesses⁵ Affected.⁶ The proposed amendments do not adversely affect small businesses.

Localities⁷ Affected.⁸ The proposed amendments do not introduce costs or other effects on localities, nor do they particularly affect any locality.

Projected Impact on Employment. The proposed amendments do not affect total employment.

Effects on the Use and Value of Private Property. No effects on the use and value of preparty nor on real estate development costs are expected.

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¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² https://townhall.virginia.gov/L/ViewPReview.cfm?PRid=2041.

³ Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁴ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁵ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁶ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁷ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁸ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The State Board of Health concurs with the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

As a result of a 2021 periodic review, the action replaces 12VAC5-71-210 through 12VAC5-71-260, relating to critical congenital heart disease (CCHD) newborn screenings, with a new chapter, Regulations Governing Virginia Critical Congenital Heart Disease Newborn Screening Services (12VAC5-72). Amendments include (i) adding and updating definitions, (ii) clarifying the process for documenting refusal of screenings, (iii) aligning the provisions with current best practices and scientific information on CCHD, and (iv) adding information on the confidentiality of results.

12VAC5-71-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Abnormal screening results" means, in 12VAC5-71-210 through 12VAC5-71-250 only, all results that indicate the newborn has not passed the CCHD screening.

"Attending physician" means the physician in charge of the infant's care.

"Board" means the State Board of Health.

"Business days" means Monday through Friday from 9 a.m. to 5 p.m., excluding federal and state holidays.

"Care Connection for Children" means a statewide network of centers of excellence for children with special health care needs (CSHCN) that provides leadership in the enhancement of specialty medical services, care coordination, medical insurance benefits evaluation and coordination, management of the CSHCN pool of funds, information and referral to CSHCN resources, family-to-family support, and training and consultation with community providers on CSHCN issues.

"Care coordination" means a process that links individuals and their families to services and resources in a coordinated effort to maximize their potential and provide them with optimal health care.

"Certified nurse midwife" means a person licensed to practice as a nurse practitioner in the Commonwealth pursuant to § 54.1-2957 of the Code of Virginia and in accordance with Part II (18VAC90-30-60 et seq.) of 18VAC90-30 and 18VAC90-30-121, subject to 18VAC90-30-160.

"Chief executive officer" means a job descriptive term used to identify the individual appointed by the governing body to act in its behalf in the overall management of the hospital. Job titles may include administrator, superintendent, director, executive director, president, vice-president, and executive vice-president.

"Child" means a person less younger than 18 years of age and includes a biological or an adopted child, as well as a child placed for adoption or foster care unless otherwise treated as a separate unit for the purposes of determining eligibility and charges under these regulations.

"Commissioner" means the State Health Commissioner, his the commissioner's duly designated officer, or agent.

"Confirmatory testing" means a test or a panel of tests performed following a screened-abnormal result to verify a diagnosis.

"Core panel conditions" means those heritable disorders and genetic diseases considered appropriate for newborn screening. The conditions in the core panel are similar in that they have (i) specific and sensitive screening tests, (iii) (ii) a sufficiently well understood natural history, and (iii) available and efficacious treatments.

"Critical congenital heart disease" or "CCHD" means a congenital heart disease that places a newborn at significant risk of disability or death if not diagnosed and treated soon after birth. The disease may include, but is not limited to, hypoplastic left heart syndrome, pulmonary atresia (with intact septum), tetralogy of fallot, total anomalous pulmonary venous return, transposition of the great arteries, tricuspid atresia, and truncus arteriosus.

"CCHD screening" means the application of screening technology to detect CCHD.

"Department" means the state Virginia Department of Health.

"Dried-blood-spot specimen" means a clinical blood sample collected from an infant by heel stick method and placed directly onto specially manufactured absorbent specimen collection (filter) paper.

"Echocardiogram" means a test that uses an ultrasound to provide an image of the heart.

"Guardian" means a parent-appointed, court-appointed, or clerk-appointed guardian of the person.

"Healthcare Health care provider" means a person who is licensed to provide health care as part of his the person's job responsibilities and who has the authority to order newborn dried-blood-spot screening tests.

"Heritable disorders and genetic diseases" means pathological conditions (i.e., interruption, cessation, or disorder of body functions, systems, or organs) that are caused by an absent or defective gene or gene product, or by a chromosomal aberration.

"Hospital" means any facility as defined in § 32.1-123 of the Code of Virginia.

"Infant" means a child less younger than 12 months of age.

"Licensed practitioner" means a licensed health care provider who is permitted, within the scope of his the provider's practice pursuant to Chapter 29 (§ 54.1-2900 et seq.) or Chapter 30 (§ 54.1-3000 et seq.) of Title 54.1 of the Code of Virginia, to provide care to a newborn.

"Low protein modified foods" means foods that are (i) specially formulated to have less than one gram of protein per serving, (ii) intended to be used under the direction of a physician for the dietary treatment of an inherited metabolic disease, (iii) not natural foods that are naturally low in protein, and (iv) prescribed as medically necessary for the therapeutic treatment of inherited metabolic diseases.

"Metabolic formula" means nutritional substances that are (i) prescribed by a health professional with appropriate prescriptive authority; (ii) specifically designed and formulated to be consumed or administered internally under the supervision of such health professional; (iii) specifically designed, processed, or formulated to be distinct in one or more nutrients that are present in natural food; and (iv) intended for the medical and nutritional management of patients with limited capacity to metabolize ordinary foodstuffs or limited capacity to metabolize certain nutrients contained in ordinary foodstuffs.

"Metabolic supplements" means certain dietary or nutritional substances intended to be used under the direction of a physician for the nutritional management of inherited metabolic diseases.

"Midwife" means a person licensed as a nurse practitioner in the category of certified nurse midwife by the Boards of Nursing and Medicine or licensed as a midwife by the Board of Medicine.

"Newborn" means an infant who is 28 days old of age or less younger and who was born in Virginia.

"Newborn nursery" means a general level, intermediate level, or specialty level newborn service as defined in 12VAC5-410-443 B 1, B 2, and B 3.

"Nurse" means a person holding a current license as a registered nurse or licensed practical nurse by the Virginia Board of Nursing or a current multistate licensure privilege to practice in Virginia as a registered nurse or licensed practical nurse.

"Parent" means a biological parent, adoptive parent, or stepparent.

"Pediatric Comprehensive Sickle Cell Clinic Network" means a statewide network of clinics that are located in major medical centers and provide comprehensive medical and support services for newborns and children living with sickle cell disease and other genetically related hemoglobinopathies.

"Physician" means a person licensed to practice medicine or osteopathic medicine in the Commonwealth pursuant to Chapter 29 (§ 54.1-2900 et seq.) of Title 54.1 of the Code of Virginia and in accordance with applicable regulations.

"Pool of funds" means funds designated for payment of direct health care services. Access to the pool is not an entitlement and is subject to availability of funds and guidelines that govern its eligibility and coverage of services. Pool of funds is a mix of federal Title V funds and state matching funds.

"Population-based" means preventive interventions and personal health services developed and available for the entire infant and child health population of the Commonwealth rather than for individuals in a one-on-one situation.

"Preterm infant" means an infant whose birth occurs by the end of the last day of the 36th week following the onset of the last menstrual period.

"Repeat specimen" means an additional newborn dried-blood-spot screening specimen submitted to the testing laboratory voluntarily or by request.

"Resident" means an individual who resides within the geographical boundaries of the Commonwealth.

"Satisfactory specimen" means a newborn dried-blood-spot screening specimen that has been determined to be acceptable for laboratory analyses by the testing laboratory.

"Screened-abnormal" means a newborn dried-blood-spot screening test result that is outside the established normal range or normal value for that test method.

"Screening technology" means pulse oximetry testing in the right hand and either foot. Screening technology shall also include alternate medically accepted tests that measure the percentage of blood oxygen saturation, follow medical guideline consensus and recommendations issued by the American Academy of Pediatrics, and are approved by the State Board of Health.

"Specialty level nursery" means the same as defined in 12VAC5-410-443 B 3 and as further defined as Level III by the Levels of Neonatal Care, written by the American Academy of Pediatrics Committee on Fetus and Newborn.

"Subspecialty level nursery" means the same as defined in 12VAC5-410-443 B 4.

"Testing laboratory" means the laboratory that has been selected by the department to perform newborn dried-blood-spot screening tests services.

"Total parenteral nutrition" or "TPN" means giving nutrients through a vein for babies who cannot be fed by mouth.

"Treatment" means appropriate management, including genetic counseling, medical consultation, and pharmacological and dietary management, for infants diagnosed with a disease listed in 12VAC5-71-30 D.

"Unsatisfactory specimen" means a newborn dried-blood-spot screening specimen that is inadequate for performing an accurate analysis.

"Virginia Genetics Advisory Committee" means a formal group that advises the department on issues pertaining to access to clinical genetics services across the Commonwealth and the provision of genetic awareness, quality services, and education for consumers and providers.

"Virginia Newborn Screening System" means a coordinated and comprehensive group of services, including education, screening, follow up, diagnosis, treatment and management, and program evaluation, managed by the department's Virginia Newborn Screening Program and Virginia Early Hearing Detection and Intervention Program for safeguarding the health of children born in Virginia.

"Virginia Sickle Cell Awareness Program" means a statewide program for the education and screening of individuals for the disease of sickle cell anemia or the sickle cell trait and for such other genetically related hemoglobinopathies.

12VAC5-71-150. Responsibilities of the Care Connection for Children network.

A. The Care Connection for Children network shall provide the following services:

1. Care coordination services for residents of the Commonwealth who are diagnosed with selected heritable disorders, or genetic diseases, or critical congenital heart disease and are referred to the network by the Virginia Newborn Screening Program.

2. Other network services for eligible individuals in accordance with § 32.1-77 of the Code of Virginia and applicable regulations.

B. The Care Connection for Children network shall provide data as needed by the department's newborn screening program.

12VAC5-71-210. Critical congenital heart disease screening protocols. (Repealed.)

A. Hospitals shall develop protocols for critical congenital heart disease screening (i) in accordance with 12VAC5-71-220 through 12VAC5-71-260 and (ii) modeled after national recommendations from the American Academy of Pediatrics regarding CCHD, such as those specified in Strategies for Implementing Screening for Critical Congenital Heart Disease (Kemper et al., Pediatrics, November 2011, Volume 128, Issue 5 (2011 Nov;128(5):e1259-67) and Implementing Recommended Screening for Critical Congenital Heart Disease (Martin et al., Pediatrics, 2013, Volume 132, Issue 1 (2013 Jul;132(1):e185-92) and subsequent revisions and editions.

B. Hospitals shall develop protocols for the physical evaluation by licensed practitioners of newborns with abnormal screening results.

C. Hospitals shall develop protocols for the referral of newborns with abnormal screening results, if needed, after evaluation.

12VAC5-71-220. Critical congenital heart disease screening. (Repealed.)

A. A licensed practitioner shall perform the CCHD screening.

B. Except as specified in subsection C of this section and 12VAC5-71-260, CCHD screening using pulse oximetry shall be performed on every newborn in the birth hospital between 24 and 48 hours of life, or if the newborn is discharged from the hospital before reaching 24 hours of life, the CCHD screening shall be performed as late as practical before discharge.

C. If CCHD screening using pulse oximetry is not performed, the reason shall be documented in the newborn's medical record. The reasons include but are not limited to:

1. The newborn's current clinical evaluation has included an echocardiogram that ruled out CCHD;

2. The newborn has confirmed CCHD;

3. The newborn is under the care of a specialty level or subspecialty level nursery, in which case the screening shall be performed in accordance with the protocols developed in subsection D of this section; or

4. The parent or guardian refuses CCHD screening on the basis of religious practices or tenets pursuant to 12VAC5-71-260.

D. Hospitals shall develop protocols for screening newborns in specialty level nurseries and subspecialty level nurseries.

12VAC5-71-230. Critical congenital heart disease screening results. (Repealed.)

A. Recording results.

1. All CCHD screening results shall be recorded in the newborn's medical record.

2. All CCHD screening results shall be entered into the electronic birth certificate system with the following information:

a. CCHD screening completed, CCHD pass or fail, and pulse oximetry values, if applicable; or

b. Not screened pursuant to 12VAC5-71-220 C 4.

B. Abnormal screening results.

1. Abnormal screening results shall be reported by the authorized health care provider who conducted the screening to the attending physician or his designee immediately.

2. A newborn shall be evaluated by an attending physician or his designee according to the timeframes within the hospital protocol developed in accordance with 12VAC5-71-210.

3. A newborn shall not be discharged from care until:

a. A cause for the abnormal screening result has been determined and a plan is in place for immediate evaluation at another medical facility; or

b. An echocardiogram has been performed and read, and an appropriate clinical plan has been developed.

4. Any diagnosis arising from abnormal screening results shall be entered into the electronic birth certificate system.

5. The attending physician or his designee shall provide notification of abnormal screening results and any diagnoses to the newborn's parent or guardian and to the primary care provider in charge of the newborn's care after the newborn leaves the hospital.

12VAC5-71-240. Referral for care coordination. (Repealed.)

A. For any person diagnosed under 12VAC5-71-210 through 12VAC5-71-250, the chief administrative officer of every hospital, as defined in § 32.1-123 of the Code of Virginia, shall make or cause to be made a report to the commissioner in accordance with § 32.1-69.1 of the Code of Virginia.

B. Upon receiving the notification described in subsection A of this section, the Newborn Screening Program at the Virginia Department of Health shall refer the newborn's parent or guardian to the Care Connection for Children network for care coordination services.

12VAC5-71-250. Congenital heart disease screening records. (Repealed.)

A. The screening of newborns pursuant to this chapter is a population-based public health surveillance program as defined by the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191; 110 Stat. 2033).

B. Upon request, a hospital shall make available to the Virginia Congenital Anomalies Reporting and Education System (VaCARES):

1. Medical records;

2. Records of laboratory tests; and

3. Any other information that VaCARES considers necessary to:

a. Determine final outcomes of abnormal CCHD screening results; or

b. Evaluate CCHD screening activities in the Commonwealth, including performance of follow-up evaluations and diagnostic tests, initiation of treatment when necessary, and surveillance of the accuracy and efficacy of the CCHD screening.

C. Information that the Virginia Department of Health receives under this section is confidential and may only be used or disclosed:

1. For research and collective statistical purposes pursuant to § 32.1-67.1 of the Code of Virginia;

2. For state or federally mandated statistical reports;

3. To ensure that the information received by the Virginia Department of Health is accurate and reliable; or

4. For reporting to the Virginia Congenital Anomalies Reporting and Education System pursuant to § 32.1-69.1 of the Code of Virginia and 12VAC5-191-280. The Newborn Screening Program shall refer the newborn's parent or guardian to the Care Connection for Children network for care coordination services.

D. The hospital administrator shall ensure that CCHD screening is included in the perinatal quality assurance program and provide the results of the quality improvement program to the Virginia Department of Health upon request.

12VAC5-71-260. Parent or guardian refusal for screening. (Repealed.)

A. In the instance of parent or guardian refusal of the CCHD screening based on religious practices or tenets, the parent or guardian refusal shall be documented on a refusal form provided by the Virginia Department of Health and made a part of the newborn's medical record.

B. The administrator of the hospital shall ensure that the Newborn Screening Program at the Virginia Department of Health is notified in writing of the parent or guardian refusal within five days of the newborn's birth.

FORMS (12VAC5-71)

Notification of Parental Refusal of Dried-Blood Spot and Critical Congenital Heart Disease Screening (rev. 4/2015)

No form is currently required by the regulation.

Chapter 72

Regulations Governing Virginia Critical Congenital Heart Disease Newborn Screening Services

12VAC5-72-10. Definitions.

The following words and terms when used in this regulation shall have the following meanings unless the context clearly indicates otherwise:

"Abnormal screening results" means all results that indicate the newborn has not passed the CCHD screening.

"Attending physician" means the physician in charge of the infant's care.

"Board" means the State Board of Health.

"Care Connection for Children" means a statewide network of centers of excellence for children and youth with special health care needs (CYSHCN) that provides leadership in the enhancement of specialty medical services, care coordination, medical insurance benefits evaluation and coordination, management of the CYSHCN pool of funds, information and referral to CYSHCN resources, family-to-family support, and training and consultation with community providers on CYSHCN issues.

"Care coordination" means a process that links individuals and their families to services and resources in a coordinated effort to maximize their potential and provide them with optimal health care.

"Chief administrative officer" means the individual appointed by the governing body to act in its behalf in the overall management of the hospital or the chief administrative officer's designee. Job titles may include chief executive officer, administrator, superintendent, director, executive director, president, vice president, and executive vice president.

"Child" means a person younger than 18 years of age and includes a biological or an adopted child, as well as a child placed for adoption or foster care unless otherwise treated as a separate unit for the purposes of determining eligibility and charges under these regulations.

"Commissioner" means the State Health Commissioner or the commissioner's designee.

"Critical congenital heart disease" or "CCHD" means a congenital heart disease that places a newborn at significant risk of disability or death if not diagnosed and treated soon after birth. The disease may include a defect such as hypoplastic left heart syndrome, pulmonary atresia (with intact septum), tetralogy of fallot, total anomalous pulmonary venous return, transposition of the great arteries, tricuspid atresia, or truncus arteriosus.

"CCHD Newborn Screening Program" means the Critical Congenital Heart Disease Newborn Screening Program within the Virginia Department of Health that provides services including education, follow up, referral, and program evaluation.

"CCHD screening" means the application of screening technology to detect CCHD.

"Department" means the Virginia Department of Health.

"Echocardiogram" means a test that uses an ultrasound to provide an image of the heart.

"Guardian" means a parent-appointed, court-appointed, or clerk-appointed guardian of the person.

"Hospital" means any facility as defined in § 32.1-123 of the Code of Virginia.

"Licensed practitioner" means a licensed health care provider who is permitted, within the scope of the provider's practice pursuant to Chapter 29 (§ 54.1-2900 et seq.) or Chapter 30 (§ 54.1-3000 et seq.) of Title 54.1 of the Code of Virginia, to provide care to a newborn.

"Negative (pass)" means a CCHD screening test result where the pulse oximetry value is 95% or more in the right hand and either foot and there is a difference of 3.0% or less between the pulse oximetry value in the right hand and the pulse oximetry value in a foot.

"Newborn" means an infant who is 28 days of age or younger and who was born in Virginia.

"Parent" means a biological parent, adoptive parent, or stepparent.

"Physician" means a person licensed to practice medicine or osteopathic medicine in the Commonwealth pursuant to Chapter 29 (§ 54.1-2900 et seq.) of Title 54.1 of the Code of Virginia and in accordance with applicable regulations.

"Positive (fail)" means a CCHD screening test result where the pulse oximetry value is 89% or less in either the right hand or either foot.

"Resident" means an individual who resides within the geographical boundaries of the Commonwealth.

"Screening technology" means pulse oximetry testing in the right hand and either foot. Screening technology shall also include alternate medically accepted tests that measure the percentage of blood oxygen saturation, follow medical guideline consensus and recommendations issued by the American Academy of Pediatrics, and are approved by the State Board of Health.

"Specialty level nursery" means the equivalent of the definition for Level II defined in Levels of Neonatal Care, written by the American Academy of Pediatrics Committee on Fetus and Newborn.

"Subspecialty level nursery" means the equivalent of the definitions for Levels III and IV defined in Level of Neonatal Care, written by the American Academy of Pediatrics Committee on Fetus and Newborn.

12VAC5-72-20. Critical congenital heart disease screening protocols.

A hospital shall develop and implement protocols for:

1. CCHD screening in accordance with this chapter and modeled after national recommendations from the American Academy of Pediatrics regarding CCHD screening;

2. CCHD screening in specialty level nurseries and subspecialty level nurseries modeled after national recommendations from the American Academy of Pediatrics regarding CCHD screening;

3. Physical evaluation by licensed practitioners of newborns with abnormal screening results; and

4. Referral of newborns with abnormal screening results, if needed, after evaluation.

12VAC5-72-30. Critical congenital heart disease screening.

A. Except as specified in subsection B of this section and in 12VAC5-72-70, a licensed practitioner shall perform the CCHD screening using pulse oximetry on every newborn in the birth hospital between 24 and 48 hours after birth, or if the newborn is discharged from the hospital fewer than 24 hours after birth, as late as practical before discharge.

B. If CCHD screening using pulse oximetry is not performed, the licensed practitioner shall document the reason in the newborn's medical record. The reasons include:

1. The newborn's current clinical evaluation includes an echocardiogram that ruled out CCHD;

2. The newborn has confirmed CCHD;

3. The newborn is under the care of a specialty level or subspecialty level nursery, in which case the screening shall be performed in accordance with the specific protocols developed pursuant to 12VAC5-72-20 A 2; or

4. The parent or guardian refuses CCHD screening on the basis of religious practices or tenets.

12VAC5-72-40. Critical congenital heart disease screening results.

A. A licensed practitioner shall record the CCHD screening results in the newborn's medical record.

B. The hospital shall enter the CCHD screening results into the electronic birth certificate system with the following information:

1. CCHD screening completed, CCHD negative (pass) or positive (fail), and pulse oximetry values, if applicable; or

2. Not screened pursuant to 12VAC5-72-30 B 4.

C. If the results of the CCHD screening are abnormal:

1. The licensed practitioner who conducted the screening shall immediately report the results to the attending physician or the physician's designee;

2. An attending physician or the physician's designee shall evaluate the newborn according to the timeframes within the hospital protocol developed pursuant to 12VAC5-72-20; and

3. The hospital may not discharge the newborn until:

a. An attending physician has determined a cause for the abnormal screening result and a plan is in place for immediate evaluation at another medical facility; or

b. A licensed practitioner has performed and a physician has read an echocardiogram and an appropriate clinical plan has been developed.

4. The hospital shall enter a diagnosis arising from abnormal screening results into the electronic birth certificate system.

5. The attending physician or the physician's designee shall provide notification of abnormal screening results and any diagnoses to the newborn's parent or guardian and to the primary care provider who is in charge of the newborn's care after the newborn leaves the hospital.

12VAC5-72-50. Referral for care coordination.

A. For any child diagnosed under 12VAC5-72-10 through 12VAC5-72-60, the chief administrative officer of every hospital shall make or cause to be made a report to the commissioner in accordance with § 32.1-69.1 of the Code of Virginia.

B. Upon receiving the notification described in subsection A of this section, the CCHD Newborn Screening Program at the department shall refer the child to the Care Connection for Children network for care coordination services as necessary.

12VAC5-72-60. Critical congenital heart disease screening records.

Upon request, a hospital shall make available to the CCHD Newborn Screening Program at the department:

1. Medical records;

2. Records of laboratory tests; and

3. Other information that the CCHD Newborn Screening Program at the department considers necessary to:

a. Determine final outcomes of abnormal CCHD screening results; or

b. Evaluate CCHD screening activities in the Commonwealth, including performance of follow-up evaluations and diagnostic tests, initiation of treatment when necessary, and surveillance of the accuracy and efficacy of the CCHD screening.

12VAC5-72-70. Parent or guardian refusal for screening.

A. If a parent or guardian refuses the CCHD screening based on religious practices or tenets, the licensed practitioner shall document the refusal on the Notification of Parental Refusal of Dried-Blood Spot and Critical Congenital Heart Disease Screening form and document the refusal in the newborn's medical record.

B. The hospital shall ensure that the CCHD Newborn Screening Program at the department is notified in writing of the refusal within five days of the newborn's birth.

12VAC5-72-80. Responsibilities of the Care Connection for Children network.

A. The Care Connection for Children network shall provide:

1. Care coordination services for residents of the Commonwealth who are diagnosed with CCHD and referred to the network by the CCHD Newborn Screening Program at the department; and

2. Other network services for eligible individuals in accordance with § 32.1-77 of the Code of Virginia and applicable regulations.

B. The Care Connection for Children network shall, upon request, provide data to the CCHD Newborn Screening Program at the department.

12VAC5-72-90. Confidentiality of information.

A. The department's employees and contractors shall maintain, store, and safeguard client records from unauthorized access as required by law.

B. Information that the CCHD Newborn Screening Program at the department receives under this section is confidential and may only be used or disclosed:

1. For research and collective statistical purposes pursuant to § 32.1-67.1 of the Code of Virginia;

2. For state-mandated or federally mandated statistical reports;

3. To ensure that the information received by the CCHD Newborn Screening Program at the department is accurate and reliable; and

4. To perform quality improvement and assurance activities including ensuring hospital reporting.

FORMS (12VAC5-72)

Notification of Parental Refusal of Dried-Blood Spot and Critical Congenital Heart Disease Screening (rev. 4/2015)

DOCUMENTS INCORPORATED BY REFERENCE (12VAC5-72)

Levels of Neonatal Care, Policy Statement from Committee on Fetus and Newborn, American Academy of Pediatrics, August 27, 2012

TITLE 12. HEALTH

STATE BOARD OF HEALTH

Fast-Track Regulation

Titles of Regulations: 12VAC5-71. Regulations Governing Virginia Newborn Screening Services (amending 12VAC5-71-10, 12VAC5-71-150; repealing 12VAC5-71-210 through 12VAC5-71-260).

12VAC5-72. Regulations Governing Virginia Critical Congenital Heart Disease Newborn Screening Services (adding 12VAC5-72-10 through 12VAC5-72-90).

Statutory Authority: §§ 32.1-12, 32.1-65.1, and 32.1-67 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: December 2, 2026.

Effective Date: December 17, 2026.

Agency Contact: Andrea Mendes, Newborn Screening Programs Supervisor, Office of Family Health Services, Virginia Department of Health, telephone (686) 208-7902, or email andrea.mendes@vdh.virginia.gov.

Basis: Section 32.1-12 of the Code of Virginia authorizes the State Board of Health to make, adopt, promulgate, and enforce regulations. Section 32.1-65.1 of the Code of Virginia requires critical congenital heart disease (CCHD) newborn screening to be conducted on every infant born in the Commonwealth of Virginia based on standards set forth by the American Academy of Pediatrics (AAP). Section 32.1-67 of the Code of Virginia requires the board to promulgate regulations necessary to implement newborn screening services.

Purpose: This action is essential to the public health, safety, and welfare because it clarifies the roles and responsibilities of health care providers based on different newborn screenings. There has been confusion reported by Out-of-Hospital (OOH) providers regarding the newborn screening regulations as written, as not all regulations are applicable to all birth providers. As this regulation helps ensure newborns born in the Commonwealth receive medically necessary screenings, sufficient clarity and readability are vital for regulants to provide and receive these services.

Rationale for Using Fast-Track Rulemaking Process: This action is expected to be noncontroversial and therefore appropriate for the fast-track rulemaking process because it moves existing regulations into a new chapter with minor edits that do not substantially affect existing requirements or the stakeholders who are required to follow this regulation.

Substance: The amendments (i) replace 12VAC5-71-210 through 12VAC5-71-260, relating to CCHD newborn screenings, with a new chapter, Regulations Governing Virginia Critical Congenital Heart Disease Newborn Screening Services (12VAC5-72); (ii) update and add to existing definitions applicable to the new chapter; (iii) update language to ensure alignment with the most recent best practices and scientific information on CCHD; (iv) more clearly identify the CCHD Newborn Screening Program within the Virginia Department of Health as the program assigned to oversee the mandate and regulations; (v) clarify the process for parents and providers to document refusals of screenings; and (vi) add information regarding confidentiality of the screening results.

Issues: The primary advantage to the public, the agency, the Commonwealth, and other relevant stakeholders is improved clarity of the regulation for regulants, including hospitals and health care providers. Clarifying language addresses the roles and responsibilities of providers related to newborn screening services, specifically screening for CCHD and reporting results of CCHD newborn screenings. There are no disadvantages to the public, the agency, the Commonwealth, or other relevant stakeholders.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. As a result of a 2021 periodic review,² the State Board of Health (board) proposes to relocate part of 12VAC5- 71) into a new chapter, 12VAC5-72 that applies only to screenings for critical congenital heart disease.

Background. Currently, this regulation establishes rules for protocols, screenings, results reporting, care coordination, records, and screening refusals for three types of newborn screenings: newborn dried blood spot screenings, newborn heart hearing screenings, and critical congenital heart disease (CCHD) screenings. However, CCHD rules have a narrower applicability in that out-of-hospital (OOH) births and providers (e.g., births at home and midwives) are not subject to CCHD screening rules. The Virginia Department of Health (VDH) reports that this has caused confusion for the regulated community, particularly for OOH birth providers. Thus, the board proposes to remove the CCHD provisions from the current newborn screening regulation and create a new regulation that just addresses CCHD screening. In addition, the proposed changes make strictly editorial and stylistic changes to improve clarity of CCHD screening rules.

Estimated Benefits and Costs. The proposal would relocate the CCHD regulation into a new chapter and clarify the requirements. Thus, no significant economic impact is expected other than clarifying roles and responsibilities of the health care providers for the different newborn screenings.

Businesses and Other Entities Affected. According to VDH, there are 49 birthing hospitals and 72 non-birthing hospitals. In 2023, 52,919 CCHD screenings were conducted. No entity appears to be disproportionately affected. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁴ An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.⁵ No adverse impact is indicated on any entity.

Small Businesses⁵ Affected.⁶ The proposed amendments do not adversely affect small businesses.

Localities⁷ Affected.⁸ The proposed amendments do not introduce costs or other effects on localities, nor do they particularly affect any locality.

Projected Impact on Employment. The proposed amendments do not affect total employment.

Effects on the Use and Value of Private Property. No effects on the use and value of preparty nor on real estate development costs are expected.

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¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² https://townhall.virginia.gov/L/ViewPReview.cfm?PRid=2041.

³ Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁴ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁵ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁶ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁷ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁸ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The State Board of Health concurs with the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

As a result of a 2021 periodic review, the action replaces 12VAC5-71-210 through 12VAC5-71-260, relating to critical congenital heart disease (CCHD) newborn screenings, with a new chapter, Regulations Governing Virginia Critical Congenital Heart Disease Newborn Screening Services (12VAC5-72). Amendments include (i) adding and updating definitions, (ii) clarifying the process for documenting refusal of screenings, (iii) aligning the provisions with current best practices and scientific information on CCHD, and (iv) adding information on the confidentiality of results.

12VAC5-71-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Abnormal screening results" means, in 12VAC5-71-210 through 12VAC5-71-250 only, all results that indicate the newborn has not passed the CCHD screening.

"Attending physician" means the physician in charge of the infant's care.

"Board" means the State Board of Health.

"Business days" means Monday through Friday from 9 a.m. to 5 p.m., excluding federal and state holidays.

"Care Connection for Children" means a statewide network of centers of excellence for children with special health care needs (CSHCN) that provides leadership in the enhancement of specialty medical services, care coordination, medical insurance benefits evaluation and coordination, management of the CSHCN pool of funds, information and referral to CSHCN resources, family-to-family support, and training and consultation with community providers on CSHCN issues.

"Care coordination" means a process that links individuals and their families to services and resources in a coordinated effort to maximize their potential and provide them with optimal health care.

"Certified nurse midwife" means a person licensed to practice as a nurse practitioner in the Commonwealth pursuant to § 54.1-2957 of the Code of Virginia and in accordance with Part II (18VAC90-30-60 et seq.) of 18VAC90-30 and 18VAC90-30-121, subject to 18VAC90-30-160.

"Chief executive officer" means a job descriptive term used to identify the individual appointed by the governing body to act in its behalf in the overall management of the hospital. Job titles may include administrator, superintendent, director, executive director, president, vice-president, and executive vice-president.

"Child" means a person less younger than 18 years of age and includes a biological or an adopted child, as well as a child placed for adoption or foster care unless otherwise treated as a separate unit for the purposes of determining eligibility and charges under these regulations.

"Commissioner" means the State Health Commissioner, his the commissioner's duly designated officer, or agent.

"Confirmatory testing" means a test or a panel of tests performed following a screened-abnormal result to verify a diagnosis.

"Core panel conditions" means those heritable disorders and genetic diseases considered appropriate for newborn screening. The conditions in the core panel are similar in that they have (i) specific and sensitive screening tests, (iii) (ii) a sufficiently well understood natural history, and (iii) available and efficacious treatments.

"Critical congenital heart disease" or "CCHD" means a congenital heart disease that places a newborn at significant risk of disability or death if not diagnosed and treated soon after birth. The disease may include, but is not limited to, hypoplastic left heart syndrome, pulmonary atresia (with intact septum), tetralogy of fallot, total anomalous pulmonary venous return, transposition of the great arteries, tricuspid atresia, and truncus arteriosus.

"CCHD screening" means the application of screening technology to detect CCHD.

"Department" means the state Virginia Department of Health.

"Dried-blood-spot specimen" means a clinical blood sample collected from an infant by heel stick method and placed directly onto specially manufactured absorbent specimen collection (filter) paper.

"Echocardiogram" means a test that uses an ultrasound to provide an image of the heart.

"Guardian" means a parent-appointed, court-appointed, or clerk-appointed guardian of the person.

"Healthcare Health care provider" means a person who is licensed to provide health care as part of his the person's job responsibilities and who has the authority to order newborn dried-blood-spot screening tests.

"Heritable disorders and genetic diseases" means pathological conditions (i.e., interruption, cessation, or disorder of body functions, systems, or organs) that are caused by an absent or defective gene or gene product, or by a chromosomal aberration.

"Hospital" means any facility as defined in § 32.1-123 of the Code of Virginia.

"Infant" means a child less younger than 12 months of age.

"Licensed practitioner" means a licensed health care provider who is permitted, within the scope of his the provider's practice pursuant to Chapter 29 (§ 54.1-2900 et seq.) or Chapter 30 (§ 54.1-3000 et seq.) of Title 54.1 of the Code of Virginia, to provide care to a newborn.

"Low protein modified foods" means foods that are (i) specially formulated to have less than one gram of protein per serving, (ii) intended to be used under the direction of a physician for the dietary treatment of an inherited metabolic disease, (iii) not natural foods that are naturally low in protein, and (iv) prescribed as medically necessary for the therapeutic treatment of inherited metabolic diseases.

"Metabolic formula" means nutritional substances that are (i) prescribed by a health professional with appropriate prescriptive authority; (ii) specifically designed and formulated to be consumed or administered internally under the supervision of such health professional; (iii) specifically designed, processed, or formulated to be distinct in one or more nutrients that are present in natural food; and (iv) intended for the medical and nutritional management of patients with limited capacity to metabolize ordinary foodstuffs or limited capacity to metabolize certain nutrients contained in ordinary foodstuffs.

"Metabolic supplements" means certain dietary or nutritional substances intended to be used under the direction of a physician for the nutritional management of inherited metabolic diseases.

"Midwife" means a person licensed as a nurse practitioner in the category of certified nurse midwife by the Boards of Nursing and Medicine or licensed as a midwife by the Board of Medicine.

"Newborn" means an infant who is 28 days old of age or less younger and who was born in Virginia.

"Newborn nursery" means a general level, intermediate level, or specialty level newborn service as defined in 12VAC5-410-443 B 1, B 2, and B 3.

"Nurse" means a person holding a current license as a registered nurse or licensed practical nurse by the Virginia Board of Nursing or a current multistate licensure privilege to practice in Virginia as a registered nurse or licensed practical nurse.

"Parent" means a biological parent, adoptive parent, or stepparent.

"Pediatric Comprehensive Sickle Cell Clinic Network" means a statewide network of clinics that are located in major medical centers and provide comprehensive medical and support services for newborns and children living with sickle cell disease and other genetically related hemoglobinopathies.

"Physician" means a person licensed to practice medicine or osteopathic medicine in the Commonwealth pursuant to Chapter 29 (§ 54.1-2900 et seq.) of Title 54.1 of the Code of Virginia and in accordance with applicable regulations.

"Pool of funds" means funds designated for payment of direct health care services. Access to the pool is not an entitlement and is subject to availability of funds and guidelines that govern its eligibility and coverage of services. Pool of funds is a mix of federal Title V funds and state matching funds.

"Population-based" means preventive interventions and personal health services developed and available for the entire infant and child health population of the Commonwealth rather than for individuals in a one-on-one situation.

"Preterm infant" means an infant whose birth occurs by the end of the last day of the 36th week following the onset of the last menstrual period.

"Repeat specimen" means an additional newborn dried-blood-spot screening specimen submitted to the testing laboratory voluntarily or by request.

"Resident" means an individual who resides within the geographical boundaries of the Commonwealth.

"Satisfactory specimen" means a newborn dried-blood-spot screening specimen that has been determined to be acceptable for laboratory analyses by the testing laboratory.

"Screened-abnormal" means a newborn dried-blood-spot screening test result that is outside the established normal range or normal value for that test method.

"Screening technology" means pulse oximetry testing in the right hand and either foot. Screening technology shall also include alternate medically accepted tests that measure the percentage of blood oxygen saturation, follow medical guideline consensus and recommendations issued by the American Academy of Pediatrics, and are approved by the State Board of Health.

"Specialty level nursery" means the same as defined in 12VAC5-410-443 B 3 and as further defined as Level III by the Levels of Neonatal Care, written by the American Academy of Pediatrics Committee on Fetus and Newborn.

"Subspecialty level nursery" means the same as defined in 12VAC5-410-443 B 4.

"Testing laboratory" means the laboratory that has been selected by the department to perform newborn dried-blood-spot screening tests services.

"Total parenteral nutrition" or "TPN" means giving nutrients through a vein for babies who cannot be fed by mouth.

"Treatment" means appropriate management, including genetic counseling, medical consultation, and pharmacological and dietary management, for infants diagnosed with a disease listed in 12VAC5-71-30 D.

"Unsatisfactory specimen" means a newborn dried-blood-spot screening specimen that is inadequate for performing an accurate analysis.

"Virginia Genetics Advisory Committee" means a formal group that advises the department on issues pertaining to access to clinical genetics services across the Commonwealth and the provision of genetic awareness, quality services, and education for consumers and providers.

"Virginia Newborn Screening System" means a coordinated and comprehensive group of services, including education, screening, follow up, diagnosis, treatment and management, and program evaluation, managed by the department's Virginia Newborn Screening Program and Virginia Early Hearing Detection and Intervention Program for safeguarding the health of children born in Virginia.

"Virginia Sickle Cell Awareness Program" means a statewide program for the education and screening of individuals for the disease of sickle cell anemia or the sickle cell trait and for such other genetically related hemoglobinopathies.

12VAC5-71-150. Responsibilities of the Care Connection for Children network.

A. The Care Connection for Children network shall provide the following services:

1. Care coordination services for residents of the Commonwealth who are diagnosed with selected heritable disorders, or genetic diseases, or critical congenital heart disease and are referred to the network by the Virginia Newborn Screening Program.

2. Other network services for eligible individuals in accordance with § 32.1-77 of the Code of Virginia and applicable regulations.

B. The Care Connection for Children network shall provide data as needed by the department's newborn screening program.

12VAC5-71-210. Critical congenital heart disease screening protocols. (Repealed.)

A. Hospitals shall develop protocols for critical congenital heart disease screening (i) in accordance with 12VAC5-71-220 through 12VAC5-71-260 and (ii) modeled after national recommendations from the American Academy of Pediatrics regarding CCHD, such as those specified in Strategies for Implementing Screening for Critical Congenital Heart Disease (Kemper et al., Pediatrics, November 2011, Volume 128, Issue 5 (2011 Nov;128(5):e1259-67) and Implementing Recommended Screening for Critical Congenital Heart Disease (Martin et al., Pediatrics, 2013, Volume 132, Issue 1 (2013 Jul;132(1):e185-92) and subsequent revisions and editions.

B. Hospitals shall develop protocols for the physical evaluation by licensed practitioners of newborns with abnormal screening results.

C. Hospitals shall develop protocols for the referral of newborns with abnormal screening results, if needed, after evaluation.

12VAC5-71-220. Critical congenital heart disease screening. (Repealed.)

A. A licensed practitioner shall perform the CCHD screening.

B. Except as specified in subsection C of this section and 12VAC5-71-260, CCHD screening using pulse oximetry shall be performed on every newborn in the birth hospital between 24 and 48 hours of life, or if the newborn is discharged from the hospital before reaching 24 hours of life, the CCHD screening shall be performed as late as practical before discharge.

C. If CCHD screening using pulse oximetry is not performed, the reason shall be documented in the newborn's medical record. The reasons include but are not limited to:

1. The newborn's current clinical evaluation has included an echocardiogram that ruled out CCHD;

2. The newborn has confirmed CCHD;

3. The newborn is under the care of a specialty level or subspecialty level nursery, in which case the screening shall be performed in accordance with the protocols developed in subsection D of this section; or

4. The parent or guardian refuses CCHD screening on the basis of religious practices or tenets pursuant to 12VAC5-71-260.

D. Hospitals shall develop protocols for screening newborns in specialty level nurseries and subspecialty level nurseries.

12VAC5-71-230. Critical congenital heart disease screening results. (Repealed.)

A. Recording results.

1. All CCHD screening results shall be recorded in the newborn's medical record.

2. All CCHD screening results shall be entered into the electronic birth certificate system with the following information:

a. CCHD screening completed, CCHD pass or fail, and pulse oximetry values, if applicable; or

b. Not screened pursuant to 12VAC5-71-220 C 4.

B. Abnormal screening results.

1. Abnormal screening results shall be reported by the authorized health care provider who conducted the screening to the attending physician or his designee immediately.

2. A newborn shall be evaluated by an attending physician or his designee according to the timeframes within the hospital protocol developed in accordance with 12VAC5-71-210.

3. A newborn shall not be discharged from care until:

a. A cause for the abnormal screening result has been determined and a plan is in place for immediate evaluation at another medical facility; or

b. An echocardiogram has been performed and read, and an appropriate clinical plan has been developed.

4. Any diagnosis arising from abnormal screening results shall be entered into the electronic birth certificate system.

5. The attending physician or his designee shall provide notification of abnormal screening results and any diagnoses to the newborn's parent or guardian and to the primary care provider in charge of the newborn's care after the newborn leaves the hospital.

12VAC5-71-240. Referral for care coordination. (Repealed.)

A. For any person diagnosed under 12VAC5-71-210 through 12VAC5-71-250, the chief administrative officer of every hospital, as defined in § 32.1-123 of the Code of Virginia, shall make or cause to be made a report to the commissioner in accordance with § 32.1-69.1 of the Code of Virginia.

B. Upon receiving the notification described in subsection A of this section, the Newborn Screening Program at the Virginia Department of Health shall refer the newborn's parent or guardian to the Care Connection for Children network for care coordination services.

12VAC5-71-250. Congenital heart disease screening records. (Repealed.)

A. The screening of newborns pursuant to this chapter is a population-based public health surveillance program as defined by the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191; 110 Stat. 2033).

B. Upon request, a hospital shall make available to the Virginia Congenital Anomalies Reporting and Education System (VaCARES):

1. Medical records;

2. Records of laboratory tests; and

3. Any other information that VaCARES considers necessary to:

a. Determine final outcomes of abnormal CCHD screening results; or

b. Evaluate CCHD screening activities in the Commonwealth, including performance of follow-up evaluations and diagnostic tests, initiation of treatment when necessary, and surveillance of the accuracy and efficacy of the CCHD screening.

C. Information that the Virginia Department of Health receives under this section is confidential and may only be used or disclosed:

1. For research and collective statistical purposes pursuant to § 32.1-67.1 of the Code of Virginia;

2. For state or federally mandated statistical reports;

3. To ensure that the information received by the Virginia Department of Health is accurate and reliable; or

4. For reporting to the Virginia Congenital Anomalies Reporting and Education System pursuant to § 32.1-69.1 of the Code of Virginia and 12VAC5-191-280. The Newborn Screening Program shall refer the newborn's parent or guardian to the Care Connection for Children network for care coordination services.

D. The hospital administrator shall ensure that CCHD screening is included in the perinatal quality assurance program and provide the results of the quality improvement program to the Virginia Department of Health upon request.

12VAC5-71-260. Parent or guardian refusal for screening. (Repealed.)

A. In the instance of parent or guardian refusal of the CCHD screening based on religious practices or tenets, the parent or guardian refusal shall be documented on a refusal form provided by the Virginia Department of Health and made a part of the newborn's medical record.

B. The administrator of the hospital shall ensure that the Newborn Screening Program at the Virginia Department of Health is notified in writing of the parent or guardian refusal within five days of the newborn's birth.

FORMS (12VAC5-71)

Notification of Parental Refusal of Dried-Blood Spot and Critical Congenital Heart Disease Screening (rev. 4/2015)

No form is currently required by the regulation.

Chapter 72

Regulations Governing Virginia Critical Congenital Heart Disease Newborn Screening Services

12VAC5-72-10. Definitions.

The following words and terms when used in this regulation shall have the following meanings unless the context clearly indicates otherwise:

"Abnormal screening results" means all results that indicate the newborn has not passed the CCHD screening.

"Attending physician" means the physician in charge of the infant's care.

"Board" means the State Board of Health.

"Care Connection for Children" means a statewide network of centers of excellence for children and youth with special health care needs (CYSHCN) that provides leadership in the enhancement of specialty medical services, care coordination, medical insurance benefits evaluation and coordination, management of the CYSHCN pool of funds, information and referral to CYSHCN resources, family-to-family support, and training and consultation with community providers on CYSHCN issues.

"Care coordination" means a process that links individuals and their families to services and resources in a coordinated effort to maximize their potential and provide them with optimal health care.

"Chief administrative officer" means the individual appointed by the governing body to act in its behalf in the overall management of the hospital or the chief administrative officer's designee. Job titles may include chief executive officer, administrator, superintendent, director, executive director, president, vice president, and executive vice president.

"Child" means a person younger than 18 years of age and includes a biological or an adopted child, as well as a child placed for adoption or foster care unless otherwise treated as a separate unit for the purposes of determining eligibility and charges under these regulations.

"Commissioner" means the State Health Commissioner or the commissioner's designee.

"Critical congenital heart disease" or "CCHD" means a congenital heart disease that places a newborn at significant risk of disability or death if not diagnosed and treated soon after birth. The disease may include a defect such as hypoplastic left heart syndrome, pulmonary atresia (with intact septum), tetralogy of fallot, total anomalous pulmonary venous return, transposition of the great arteries, tricuspid atresia, or truncus arteriosus.

"CCHD Newborn Screening Program" means the Critical Congenital Heart Disease Newborn Screening Program within the Virginia Department of Health that provides services including education, follow up, referral, and program evaluation.

"CCHD screening" means the application of screening technology to detect CCHD.

"Department" means the Virginia Department of Health.

"Echocardiogram" means a test that uses an ultrasound to provide an image of the heart.

"Guardian" means a parent-appointed, court-appointed, or clerk-appointed guardian of the person.

"Hospital" means any facility as defined in § 32.1-123 of the Code of Virginia.

"Licensed practitioner" means a licensed health care provider who is permitted, within the scope of the provider's practice pursuant to Chapter 29 (§ 54.1-2900 et seq.) or Chapter 30 (§ 54.1-3000 et seq.) of Title 54.1 of the Code of Virginia, to provide care to a newborn.

"Negative (pass)" means a CCHD screening test result where the pulse oximetry value is 95% or more in the right hand and either foot and there is a difference of 3.0% or less between the pulse oximetry value in the right hand and the pulse oximetry value in a foot.

"Newborn" means an infant who is 28 days of age or younger and who was born in Virginia.

"Parent" means a biological parent, adoptive parent, or stepparent.

"Physician" means a person licensed to practice medicine or osteopathic medicine in the Commonwealth pursuant to Chapter 29 (§ 54.1-2900 et seq.) of Title 54.1 of the Code of Virginia and in accordance with applicable regulations.

"Positive (fail)" means a CCHD screening test result where the pulse oximetry value is 89% or less in either the right hand or either foot.

"Resident" means an individual who resides within the geographical boundaries of the Commonwealth.

"Screening technology" means pulse oximetry testing in the right hand and either foot. Screening technology shall also include alternate medically accepted tests that measure the percentage of blood oxygen saturation, follow medical guideline consensus and recommendations issued by the American Academy of Pediatrics, and are approved by the State Board of Health.

"Specialty level nursery" means the equivalent of the definition for Level II defined in Levels of Neonatal Care, written by the American Academy of Pediatrics Committee on Fetus and Newborn.

"Subspecialty level nursery" means the equivalent of the definitions for Levels III and IV defined in Level of Neonatal Care, written by the American Academy of Pediatrics Committee on Fetus and Newborn.

12VAC5-72-20. Critical congenital heart disease screening protocols.

A hospital shall develop and implement protocols for:

1. CCHD screening in accordance with this chapter and modeled after national recommendations from the American Academy of Pediatrics regarding CCHD screening;

2. CCHD screening in specialty level nurseries and subspecialty level nurseries modeled after national recommendations from the American Academy of Pediatrics regarding CCHD screening;

3. Physical evaluation by licensed practitioners of newborns with abnormal screening results; and

4. Referral of newborns with abnormal screening results, if needed, after evaluation.

12VAC5-72-30. Critical congenital heart disease screening.

A. Except as specified in subsection B of this section and in 12VAC5-72-70, a licensed practitioner shall perform the CCHD screening using pulse oximetry on every newborn in the birth hospital between 24 and 48 hours after birth, or if the newborn is discharged from the hospital fewer than 24 hours after birth, as late as practical before discharge.

B. If CCHD screening using pulse oximetry is not performed, the licensed practitioner shall document the reason in the newborn's medical record. The reasons include:

1. The newborn's current clinical evaluation includes an echocardiogram that ruled out CCHD;

2. The newborn has confirmed CCHD;

3. The newborn is under the care of a specialty level or subspecialty level nursery, in which case the screening shall be performed in accordance with the specific protocols developed pursuant to 12VAC5-72-20 A 2; or

4. The parent or guardian refuses CCHD screening on the basis of religious practices or tenets.

12VAC5-72-40. Critical congenital heart disease screening results.

A. A licensed practitioner shall record the CCHD screening results in the newborn's medical record.

B. The hospital shall enter the CCHD screening results into the electronic birth certificate system with the following information:

1. CCHD screening completed, CCHD negative (pass) or positive (fail), and pulse oximetry values, if applicable; or

2. Not screened pursuant to 12VAC5-72-30 B 4.

C. If the results of the CCHD screening are abnormal:

1. The licensed practitioner who conducted the screening shall immediately report the results to the attending physician or the physician's designee;

2. An attending physician or the physician's designee shall evaluate the newborn according to the timeframes within the hospital protocol developed pursuant to 12VAC5-72-20; and

3. The hospital may not discharge the newborn until:

a. An attending physician has determined a cause for the abnormal screening result and a plan is in place for immediate evaluation at another medical facility; or

b. A licensed practitioner has performed and a physician has read an echocardiogram and an appropriate clinical plan has been developed.

4. The hospital shall enter a diagnosis arising from abnormal screening results into the electronic birth certificate system.

5. The attending physician or the physician's designee shall provide notification of abnormal screening results and any diagnoses to the newborn's parent or guardian and to the primary care provider who is in charge of the newborn's care after the newborn leaves the hospital.

12VAC5-72-50. Referral for care coordination.

A. For any child diagnosed under 12VAC5-72-10 through 12VAC5-72-60, the chief administrative officer of every hospital shall make or cause to be made a report to the commissioner in accordance with § 32.1-69.1 of the Code of Virginia.

B. Upon receiving the notification described in subsection A of this section, the CCHD Newborn Screening Program at the department shall refer the child to the Care Connection for Children network for care coordination services as necessary.

12VAC5-72-60. Critical congenital heart disease screening records.

Upon request, a hospital shall make available to the CCHD Newborn Screening Program at the department:

1. Medical records;

2. Records of laboratory tests; and

3. Other information that the CCHD Newborn Screening Program at the department considers necessary to:

a. Determine final outcomes of abnormal CCHD screening results; or

b. Evaluate CCHD screening activities in the Commonwealth, including performance of follow-up evaluations and diagnostic tests, initiation of treatment when necessary, and surveillance of the accuracy and efficacy of the CCHD screening.

12VAC5-72-70. Parent or guardian refusal for screening.

A. If a parent or guardian refuses the CCHD screening based on religious practices or tenets, the licensed practitioner shall document the refusal on the Notification of Parental Refusal of Dried-Blood Spot and Critical Congenital Heart Disease Screening form and document the refusal in the newborn's medical record.

B. The hospital shall ensure that the CCHD Newborn Screening Program at the department is notified in writing of the refusal within five days of the newborn's birth.

12VAC5-72-80. Responsibilities of the Care Connection for Children network.

A. The Care Connection for Children network shall provide:

1. Care coordination services for residents of the Commonwealth who are diagnosed with CCHD and referred to the network by the CCHD Newborn Screening Program at the department; and

2. Other network services for eligible individuals in accordance with § 32.1-77 of the Code of Virginia and applicable regulations.

B. The Care Connection for Children network shall, upon request, provide data to the CCHD Newborn Screening Program at the department.

12VAC5-72-90. Confidentiality of information.

A. The department's employees and contractors shall maintain, store, and safeguard client records from unauthorized access as required by law.

B. Information that the CCHD Newborn Screening Program at the department receives under this section is confidential and may only be used or disclosed:

1. For research and collective statistical purposes pursuant to § 32.1-67.1 of the Code of Virginia;

2. For state-mandated or federally mandated statistical reports;

3. To ensure that the information received by the CCHD Newborn Screening Program at the department is accurate and reliable; and

4. To perform quality improvement and assurance activities including ensuring hospital reporting.

FORMS (12VAC5-72)

Notification of Parental Refusal of Dried-Blood Spot and Critical Congenital Heart Disease Screening (rev. 4/2015)

DOCUMENTS INCORPORATED BY REFERENCE (12VAC5-72)

Levels of Neonatal Care, Policy Statement from Committee on Fetus and Newborn, American Academy of Pediatrics, August 27, 2012

TITLE 12. HEALTH

STATE BOARD OF HEALTH

Forms

Title of Regulation: 12VAC5-421. Food Regulations.

Agency Contact: Whitney Wright, Environmental Health Coordinator, Office of Environmental Health Services, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (805) 441-1666, or email whitney.wright@vdh.virginia.gov.

FORMS (12VAC5-421)

Food Establishment Inspection Report Form - Cover Page (rev. 1/2019)

Food Establishment Inspection Report Form - Narrative (rev. 2/2020)

Food Establishment Inspection Report Form - Narrative with Temperatures (rev. 9/2017)

Food Establishment Permit Application Form (eff. 10/2026)

TITLE 12. HEALTH

STATE BOARD OF HEALTH

Action Withdrawn

Title of Regulation: 12VAC5-460. Regulations Governing Tourist Establishment Swimming Pools and Other Public Pools.

Statutory Authority: §§ 35.1-11 and 35.1-13 of the Code of Virginia.

The State Board of Health has WITHDRAWN the regulatory action for 12VAC5-460, Regulations Governing Tourist Establishment Swimming Pools and Other Public Pools, which was originally published as a Notice of Intended Regulatory Action in 39:3 VA.R. 57 September 26, 2022, but was subsequently withdrawn in 39:13 VA.R. 1533 February 13, 2023. The purpose of the proposed action, which was the result of a periodic review, was to update or add requirements for (i) water treatment and chemical safety in storage and handling; (ii) water recirculation and entrapment prevention; (iii) signage and safety equipment; (iv) facility maintenance, including decks, rails, electrical work, and fencing; (v) management and staffing; (vi) water, sewer, and solid waste disposal; and (vii) post-construction operational plan reviews, inspections, and general enforcement. As a result of Chapter 53 of the 2026 Acts of Assembly, which directs the State Board of Health to adopt regulations governing swimming pools and other water recreational facilities operated for public use, the board voted on October 7, 2026, to withdraw this action and initiate a new action to respond to Chapter 53.

Agency Contact: Briana Bill, Program Manager, Tourist Establishments and General Environmental Health Services, Virginia Department of Health, 109 Governor Street, Richmond, VA 23235, telephone (805) 584-6340, or email briana.bill@vdh.virginia.gov.

TITLE 12. HEALTH

STATE BOARD OF HEALTH

Action Withdrawn

Title of Regulation: 12VAC5-462. Swimming Pool Regulations Governing the Posting of Water Quality Test Results.

Statutory Authority: §§ 32.1-12 and 32.1-248.1 of the Code of Virginia.

The State Board of Health has WITHDRAWN the regulatory action for 12VAC5-462, Swimming Pool Regulations Governing the Posting of Water Quality Results, which was published as a Notice of Intended Regulatory Action in 39:3 VA.R. 57 September 26, 2022. The purpose of the proposed action was to (i) remove outdated information; (ii) update text to reflect best practices and the latest science from industry, academia, public health experts, and other stakeholders; and (iii) clarify regulatory and enforcement standards following a periodic review. As a result of Chapter 53 of the 2026 Acts of Assembly, which directs the State Board of Health to adopt regulations governing swimming pools and other water recreational facilities operated for public use, the board voted on October 7, 2026, to withdraw this action and initiate a new action to respond to Chapter 53.

Agency Contact: Briana Bill, Program Manager, Tourist Establishments and General Environmental Health Services, Virginia Department of Health, 109 Governor Street, Richmond, VA 23235, telephone (805) 584-6340, or email briana.bill@vdh.virginia.gov.

TITLE 12. HEALTH

STATE BOARD OF HEALTH

Action Withdrawn

Title of Regulation: 12VAC5-462. Swimming Pool Regulations Governing the Posting of Water Quality Test Results.

Statutory Authority: §§ 32.1-12 and 32.1-248.1 of the Code of Virginia.

The State Board of Health has WITHDRAWN the regulatory action for 12VAC5-462, Swimming Pool Regulations Governing the Posting of Water Quality Results, which was published as a Notice of Intended Regulatory Action in 39:3 VA.R. 57 September 26, 2022. The purpose of the proposed action was to (i) remove outdated information; (ii) update text to reflect best practices and the latest science from industry, academia, public health experts, and other stakeholders; and (iii) clarify regulatory and enforcement standards following a periodic review. As a result of Chapter 53 of the 2026 Acts of Assembly, which directs the State Board of Health to adopt regulations governing swimming pools and other water recreational facilities operated for public use, the board voted on October 7, 2026, to withdraw this action and initiate a new action to respond to Chapter 53.

Agency Contact: Briana Bill, Program Manager, Tourist Establishments and General Environmental Health Services, Virginia Department of Health, 109 Governor Street, Richmond, VA 23235, telephone (805) 584-6340, or email briana.bill@vdh.virginia.gov.

TITLE 12. HEALTH

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Fast-Track Regulation

Title of Regulation: 12VAC30-20. Administration of Medical Assistance Services (amending 12VAC30-20-110, 12VAC30-20-272 through 12VAC30-20-278).

Statutory Authority: §§ 32.1-324 and 32.1-325 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: December 2, 2026.

Effective Date: December 17, 2026.

Agency Contact: Syreeta Stewart, Regulatory Coordinator, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 298-3863, fax (804) 786-1680, TDD (800) 343-0634, or email syreeta.stewart@dmas.virginia.gov.

Basis: Section 32.1-325 of the Code of Virginia authorizes the Board of Medical Assistance Services to administer and amend the State Plan for Medical Assistance and to promulgate regulations. Section 32.1-324 of the Code of Virginia grants the Director of the Department of Medical Assistance Services (DMAS) the authority of the board when it is not in session.

Purpose: This action protects the health, safety, and welfare of Medicaid recipients by ensuring that DMAS regulations and DMAS practices are aligned while maintaining quality of care for nursing facility patients.

Rationale for Using Fast-Track Rulemaking Process: This action is expected to be noncontroversial and therefore appropriate for the fast-track rulemaking process because it removes outdated language that was repealed by the Centers for Medicare and Medicaid in 1994.

Substance: The amendments (i) remove obsolete language related to the nursing facility drug utilization review (DUR) program and (ii) update provisions to reflect that the Division of Licensure and Certification is now referred to as the Office of Licensure and Certification (OLC).

Issues: The primary advantages of this action to both the public and the agency are the removal of outdated language and alignment of regulations with the state plan. There are no disadvantages to the public, the agency, the Commonwealth, or the regulated community.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. The Board of Medical Assistance Services (board) seeks to repeal obsolete text in 12VAC30-20-110 (Nursing facility resident drug utilization review) and replace it with a compliance statement from the State Plan. Other proposed changes would update references to the state survey agency with the Virginia Department of Health Office of Licensure and Certification (OLC) and reflect that the OLC no longer contracts with the State Fire Marshal's Office.

Background. This regulatory action follows a 2025 review of certain sections of the State Plan, which resulted in a State Plan amendment that is identical to the proposed changes.² According to the Department of Medical Assistance Services (DMAS), in addition to aligning the regulation with the State Plan, this action would also update stakeholders that Virginia remains in compliance with current federal nursing facility regulations. DMAS reports that the requirement in 12VAC30-20-110 was repealed by the Centers for Medicare and Medicaid in 1994. Instead DMAS has a Drug Utilization Review (DUR) Board that monitors nursing facility drug regiment review procedures in accordance with 42 CFR 456.703(b).³ Thus, the board seeks to repeal all the text currently in 12VAC30-20-10 and replace it with a statement citing 42 CFR 456.703(b). In addition, a reference to the state survey agency in 12VAC30-20-272 replaces with Virginia Department of Health, Office of Licensure and Certification (OLC). Subsequent references to state survey agency in that section as well as 12VAC30-20-274, 12VAC30-20-275, 12VAC30-20-277, and 12VAC30-20-278 are replaced with OLC. Lastly, 12VAC30-20-275 amend this list to reflect that the OLC no longer contracts with the State Fire Marshal's Office.

Estimated Benefits and Costs. The proposed amendments reflect the State Plan and current practice and would not create any new requirements. As mentioned previously, DMAS reports that the action would update stakeholders that although language about nursing facility-specific DUR would be removed from VAC, Virginia remains in compliance with current federal nursing facility regulations. The update may better inform some stakeholders and thus may be beneficial.

Businesses and Other Entities Affected. The proposed changes would not create any new requirements for any entity as they reflect current practice. Stakeholders, including nursing facilities, their residents, and entities that represent the interests of either party, would benefit from having updated regulations. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁴ An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.⁵ As proposed changes would align the regulation with the State Plan and reflect current practice, an adverse impact is not indicated.

Small Businesses⁶ Affected.⁷ The proposed amendments would not adversely affect small businesses.

Localities⁸ Affected.⁹ The proposed amendments would not affect any locality in particular. Local governments would not be affected.

Projected Impact on Employment. The proposed amendments do not affect total employment.

Effects on the Use and Value of Private Property. The proposed amendments would not affect the use and value of private property. The proposed amendments do not affect real estate development costs.

_____________________________

¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² See https://www.dmas.virginia.gov/media/getlvdgc/approved_va-25-0020.pdf.

³ See https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-456/subpart-K/section-456.703.

⁴ Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁵ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁶ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁷ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁸ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁹ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The Department of Medical Assistance Services has reviewed the economic impact analysis prepared by the Department of Planning and Budget and raises no issues with this analysis.

Summary:

The amendments (i) remove obsolete language related to nursing facility drug utilization review, which was repealed by the Centers for Medicare and Medicaid (CMS) in 1994; (ii) update text to reflect the Division of Licensure and Certification's name change to the Office of Licensure and Certification (OLC); and (iii) clarify that the OLC no longer contracts with the State Fire Marshal's Office.

12VAC30-20-110. Nursing facility resident drug utilization review.

1. Definitions. The following words and terms, when used in this regulation, shall have the following meanings unless the context clearly indicates otherwise:

"DMAS" means the Department of Medical Assistance Services consistent with the Code of Virginia, Chapter 10, Title 32.1, §§ 32.1-323 et seq.

"Drug utilization review" means a formal continuing program for assessing medical and/or drug use data against explicit standards and, as necessary, introducing remedial strategies.

"Drug Utilization Review Committee (DUR Committee)" means a committee composed of knowledgeable health care professionals who make recommendations for developing and modifying drug therapy review standards or criteria, participate in retrospective reviews, recommend remedial strategies, and evaluate the success of the interventions.

"Exceptional drug utilization pattern" means 1) a pattern of drug utilization within a nursing facility that differs substantially from predetermined standards established pursuant to § 3(B); 2) individual resident's drug use patterns that differ from the established standards; or 3) individual resident's drug use patterns that exhibit a high risk for drug therapy induced illness.

"Retrospective drug review" means the drug utilization review process that is conducted using historic or archived medical and/or drug use data.

"Targeted facility" means a nursing facility where residents' patterns of drug utilization demonstrate an exceptional drug utilization pattern as defined herein.

2. Scope

A. Medicaid shall conduct a drug utilization review program for covered drugs prescribed for nursing facility residents. The program shall help to ensure that prescriptions are appropriate, medically necessary, and are not likely to cause adverse actions. The primary objectives are 1) improvement in the quality of care; 2) conserving program funds and individual expenditures; and 3) maintaining program integrity (i.e., controlling problems of fraud and benefit abuse).

B. Retrospective drug utilization review will be conducted on an ongoing basis in targeted nursing facilities demonstrating exceptional drug utilization patterns.

C. With the aim of improving prescribing practices, the program shall provide for ongoing educational outreach programs to educate practitioners on common drug therapy problems.

3. Utilization Review Process

A. The program shall provide, through its drug claims processing and information retrieval systems, for the ongoing periodic examination of claims data and other records for targeted facilities to identify patterns of inappropriate or medically unnecessary care for individuals receiving benefits under Title XIX of the Social Security Act.

B. The program shall, on an ongoing basis, assess data on drug use against predetermined standards (as described in this section) including, but not limited to, monitoring for therapeutic appropriateness, overutilization and underutilization, appropriate use of generic products, therapeutic duplication, drug-disease contraindications, drug/drug interactions, incorrect drug dosage or duration of treatment, clinical abuse/misuse, fraud, and, as necessary, introduce to physicians and pharmacists remedial strategies in order to improve the quality of care.

C. The Department of Medical Assistance Services may assess data on drug use against such standards as the American Hospital Formulary Service Drug Information (1995, as amended), United States Pharmacopeia-Drug Information (1995, as amended), American Medical Association Drug Evaluations (1993, as amended), and peer-reviewed medical literature.

4. Drug Use Review Committee

A. DMAS shall provide for the establishment of a drug use review committee (hereinafter referred to as the "DUR Committee"). The Director of DMAS shall determine the number of members and appoint the members of the DUR committee.

B. The membership of the DUR Committee shall include health care professionals who have recognized knowledge and expertise in one or more of the following areas:

1. The clinically appropriate prescribing of covered drugs;

2. The clinically appropriate dispensing and monitoring of covered drugs;

3. Drug use review, evaluation, and intervention; and

4. Medical quality assurance;

5. Clinical practice and drug therapy in the long term care setting.

C. The membership of the DUR Committee shall include physicians, pharmacists, and other health care professionals, including those with recognized expertise and knowledge in long term care.

D. Activities of the DUR Committee shall include, but not be limited to, the following:

1. Retrospective drug utilization review as defined in § 2 (B) of this regulation;

2. Application of standards as defined in § 3 (C) of this regulation; and

3. Ongoing interventions for physicians and pharmacists, targeted toward therapy problems of individuals identified in the course of retrospective drug use reviews.

E. The DUR Committee shall re-evaluate interventions after an appropriate period of time to determine if the intervention improved the quality of drug therapy, to evaluate the success of the interventions and recommend modifications as necessary.

5. Medical Quality Assurance

A. Documentation of drug regimens in nursing facilities shall, at a minimum:

1. Be included in a plan of care that must be established and periodically reviewed by a physician;

2. Indicate all drugs administered to the resident in accordance with the plan with specific attention to frequency, quantity, and type and identify who administered the drug (include full name and title); and

3. Include the drug regimen review prescribed for nursing facilities in regulations implementing 42 CFR 483.6.

B. Documentation specified in paragraph A will serve as the basis for drug utilization reviews provided for in these regulations.

Virginia is in compliance with drug regimen review procedures prescribed in regulations at 42 CFR 456.70(b); therefore, prospective and retrospective drug utilization review of program drugs dispensed to residents of a nursing facility is not required.

12VAC30-20-272. Survey and certification education program.

The state has in effect the following survey and certification periodic education program for the staff and residents (and their representatives) of nursing facilities in order to present current regulations, procedures, and policies.

The state survey agency Virginia Department of Health, Office of Licensure and Certification (OLC) periodically conducts provider training programs and orientation of OBRA Omnibus Budget Reconciliation Act of 1989 regulations and the survey process through programs or mailings. The state survey agency OLC participates in the Medicaid agency's training of facilities regarding the Resident Assessment Instrument.

12VAC30-20-274. Process for the investigation of allegations of resident neglect and abuse and misappropriation of resident property.

The state has in effect the following process for the receipt and timely review and investigation of allegations of neglect and abuse and misappropriation of resident property by a nurse aide or a resident in a nursing facility or by another individual used authorized by the facility in providing to provide services to such a resident.

When the above described incidences involve an incident described in this section involves a nurse aide, they are the incident is reported to the Board of Health Professions, and the Board of Nursing. In addition, such allegations are frequently received by the facility administration, which reports the allegations to the state survey agency Virginia Department of Health, Office of Licensure and Certification (OLC). The state survey agency OLC conducts the follow-up investigations.

12VAC30-20-275. Procedures for scheduling and conduct of standards surveys.

The state has in effect the following procedures for the scheduling and conduct of standard surveys to assure ensure that it has taken all reasonable steps to avoid giving notice.

Onsite survey schedules are only accessible to staff of the Virginia Department of Health, Division Office of Licensure and Certification (OLC), which conducts the surveys. After the onsite review is initiated by the Division inspection staff OLC, the Virginia Department of Health notifies the state agency for the aging ombudsman, the state fire marshal, and other agencies as needed.

12VAC30-20-277. Programs to measure and reduce inconsistency.

The state has in effect the following programs to measure and reduce inconsistency in the application of survey results among surveyors.

The state survey agency Virginia Department of Health, Office of Licensure and Certification conducts routine training programs, routine informational memorandums and procedural clarifications, routine team meetings, and ongoing supervisory review and monitoring of staff training needs.

12VAC30-20-278. Process for investigations of complaints and monitoring.

A. The state has in effect the following process for investigating complaints of violations of requirements by nursing facilities and monitors onsite on a regular, as needed basis, a nursing facility's compliance with the requirements of § 1919(b), (c), and (d) of the Social Security Act (42 USC § 1396) for the following reasons:

(i) 1. The facility has been found not to be in compliance with such requirements and is in the process of correcting deficiencies to achieve such compliance;

(ii) 2. The facility was previously found not to be in compliance with such requirements and has corrected deficiencies to achieve such compliance, and verification of continued compliance is indicated; or

(iii) 3. The state has reason to question the compliance of the facility with such requirements.

B. All complaints are investigated by the Virginia Department of Health, Office of Health Facilities Regulation Licensure and Certification, per nature of the complaint.

TITLE 16. LABOR AND EMPLOYMENT

DEPARTMENT OF LABOR AND INDUSTRY

Proposed Regulation

Title of Regulation: 16VAC15-90. Paid Sick Leave Regulation (adding 16VAC15-90-10 through 16VAC15-90-100).

Statutory Authority: §§ 40.1-6 and 40.1-33.6:7 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: January 1, 2027.

Agency Contact: Cristin Bernhardt, Regulatory Coordinator, Hearing Legal Services Office, Department of Labor and Industry, 6606 West Broad Street, Suite 500, Richmond, VA 23230, telephone (804)786-2392, fax (804) 786-8418, or email cristin.bernhardt@doli.virginia.gov.

Basis: Section 40.1-6 of the Code of Virginia authorizes the Commissioner of Labor and Industry to make rules and regulations necessary for the enforcement of Title 40.1 of the Code of Virginia. Section 40.1-33.6:7 of the Code of Virginia requires the commissioner to promulgate regulations for implementation and enforcement of Article 2.1:1 (§ 40.1-33.6:1 et seq.) of Chapter 3 of Title 40.1 of the Code of Virginia.

Purpose: This action protects the public health, safety, and welfare of Virginians by providing employees a right to accrue and use up to 40 hours a year of paid time off.

Substance: This action creates a new chapter, Paid Sick Leave Regulation (16VAC15-90), which establishes standards governing the administration and enforcement of paid sick leave requirements for covered employers and employees. The proposed regulation (i) defines terms; (ii) establishes parameters for employer size and relevant coverage through a phased implementation period; (iii) establishes the method by which covered employees accrue paid sick leave; (iv) creates a framework governing employee use of paid sick leave; (v) provides that sick leave must be paid at the regular rate of pay and establishes guidelines for sick leave pay for tipped employees, employees working at multiple rates, salaried employees, employees working shifts of indeterminate duration, and use of leave during overtime hours; (vi) requires covered employers to maintain a written paid sick leave policy and specifies the policy's minimum required contents; (vii) protects against employer retaliation and interference; (viii) establishes recordkeeping and notification requirements; and (ix) provides for Department of Labor and Industry investigations of alleged violations and enforcement of requirements.

Issues: The primary advantage to the public is greater clarity regarding employer and employee responsibilities, consistent implementation of the statutory requirements, and the establishment of uniform standards for paid sick leave administration, recordkeeping, investigations, and enforcement. The proposed regulation will benefit workers by ensuring that workers have adequate access to paid sick leave that allows them to care for themselves and their families while remaining in the workforce. The proposed regulation will benefit businesses by allowing them to offer competitive benefits that will help them attract and retain employees. The primary advantage to the Commonwealth and the department is consistency in program administration and enforcement. Implementation may require additional administrative resources to support program administration, stakeholder assistance, investigations, and enforcement activities. There are no disadvantages to the public, the agency, or the Commonwealth.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. Pursuant to Chapters 1128 and 1129 of the 2026 Acts of Assembly, the Commissioner of the Department of Labor and Industry (DOLI) proposes to newly promulgate the Paid Sick Leave Regulation (16VAC15-90).

Background. Paid Sick Leave Requirements Prior to Legislation: The statutes in the legislation become effective July 1, 2027. Currently Virginia does not have a generally applicable statutory or regulatory requirement that private employers provide paid sick leave. However, there are paid sick leave requirements for home health workers, full-time state government employees and some local government employees in state law, and full-time federal employees and certain federal contractors also receive paid sick leave per federal regulations; these requirements are noted. Section 40.1-33.4 of the Code of Virginia says home health workers² shall accrue a minimum of one hour of paid sick leave for every 30 hours worked.³ Section 15.2-1605 of the Code of Virginia specifies that every county and city shall annually provide for each employee at least seven days sick leave with pay. The employee in this context consist of an employee or deputy of the attorney for the Commonwealth, the treasurer, the commissioner of the revenue, the clerk of the circuit court, and the sheriff and shall also include the officers and employees of all courts whose salaries are paid by the Commonwealth. Section 51.1-1104 of the Code of Virginia provides that participating⁴ full-time state employees shall receive: 80 hours of sick leave if they have 120 or more months of state service, 72 hours of sick leave if they have 60 to 119 months of state service, and 64 hours of sick leave if they have fewer than 60 months of state service. § 51.1-1104 of the Code of Virginia also provides that qualifying part-time employees⁵ shall receive: 40 hours of sick leave if they have 120 or more months of state service, and 32 hours of sick leave if they have fewer than 120 months of state service. Federal full-time employees accrue four hours of sick leave for each biweekly pay period; and federal part-time employees accrue one hour of sick leave for each 20 hours in a pay status.⁶ 29 CFR Part 13 requires employees performing work on or in connection with certain covered federal contracts to accrue paid sick leave generally at the rate of at least one hour of paid sick leave for every 30 hours worked.

Legislation: Chapters 1128 and 1129 created Article 2.1:1. Paid Sick Leave, within Title 40.1 of the Code of Virginia, Chapter 3 Protection of Employees (Act). The Act requires one hour of paid sick leave for every 30 hours worked for all employees of private employers and state and local governments, with certain exceptions.⁷ Paid sick leave shall be carried over to the year following the year in which it was accrued. An employee shall not accrue or use more than 40 hours of paid sick leave in a year, unless the employer selects a higher limit. Any employer with a paid leave policy, such as a paid time off policy, that provides an employee an amount of paid leave sufficient to meet these requirements, and that may be used for the same purposes and under the same conditions, is not required to provide additional paid sick leave to any employee that is eligible for paid leave under the policy. The paid sick leave requirement applies to employers with at least 50 employees beginning July 1, 2027; employers with at least 25 employees beginning July 1, 2028; and employers with at least one employee beginning July 1, 2029. The enacted § 40.1-33.6:3 of the Code of Virginia states that paid sick leave shall be provided to an employee by an employer for 1. An employee's mental or physical illness, injury, or health condition; an employee's need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or an employee's need for preventive medical care; 2. Care of a family member with a mental or physical illness, injury, or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or care of a family member who needs preventive medical care; or 3. Absence due to domestic violence, sexual assault, or stalking, provided that the leave is to allow the employee to seek or obtain medical care, mental health care, counseling, legal services, relocation or securing of an existing home, or other victim services for the employee or the employee's family member. The Act also directs the commissioner to promulgate regulations that would fulfill three legislative mandates, which are summarized below. Mandate 1: (§ 40.1-33.6:2 L of the Code of Virginia). Accrual of paid sick leave) provides for the accrual of paid sick leave for employees who are employed and compensated on a fee-for-service basis. Mandate 2: (§ 40.1-33.6:5 of the Code of Virginia) includes requirements for employers concerning employee notice and employer recordkeeping, including: 1. Notification of employees of their rights under this article, both in writing and through required posting, including their right to file a complaint or bring a civil action for violations of this article; 2. Establishing and maintaining recordkeeping systems regarding the use and accrual of paid sick leave, including the requirement to retain records for three years; and 3. Ensuring the confidentiality of any protected health information or information regarding domestic violence, sexual assault, or stalking that the employer possesses about an employee or an employee's family member. Mandate 3: (§ 40.1-33.6:7 of the Code of Virginia) establishes a system utilizing multiple means of communication to receive complaints regarding noncompliance with this article and to investigate complaints received by the Commissioner in a timely manner.

Regulation: Satisfying legislative mandate 1, the proposed regulation provides that employees who are paid on a fee-for-service basis shall accrue paid sick leave based on their actual hours worked when their employer is required to keep records of their hours worked under the Fair Labor Standards Act (29 USC § 201 et seq.) or other applicable law, or if their employer otherwise keeps records of the employee hours worked. For employees who are compensated on a fee-for-service basis, but whose employers are not required to record their hours worked under applicable law, the employer may establish a reasonable method of calculating the number of hours worked by the employee. A reasonable method for determining the number of hours worked by an employee for whom recording hours worked is not required by Virginia, federal, or local law includes: (i) the number of hours in a work schedule agreed upon by the employer and the employee; (ii) billing hours; or (iii) an established practice which provides a reasonable approximation of the hours actually worked by the employee. Hours equal to or above 40 a week are considered 40 for the purposes of sick leave accrual. Satisfying the first part of legislative mandate 2, the proposed regulation says employers shall provide each employee written notice describing their rights under this Act upon hiring, no later than five business days after an employee begins work. An employer shall maintain and display a notice provided by the department in a conspicuous place accessible to employees providing information about an employee's rights under the Act. The right to file a complaint or bring a civil action for violations of the Act are included among the rights to be included in the written and posted notices. Satisfying the second part of legislative mandate 2, the proposed regulation requires employers to retain records for a three-year period documenting each employee's hours worked, hours of paid sick leave accrued, and hours of paid sick leave used, unless the employer falls under one of the following exceptions: 1. An employer that elects to frontload leave is not required to maintain records of hours worked, provided that the employer retain records documenting its practice of frontloading leave and the amount of paid sick leave provided. If the employer elects to provide newly-hired employees with a prorated amount of paid sick leave, the employer must keep records showing the prorated amount of paid sick leave provided to the employee. 2. An employer is not required to maintain records of hours worked for employees who are exempt from overtime requirements under 29 USC § 213(a)(1), provided that the employees accrue paid sick leave as set forth in the Act. 3. An employer is not required to maintain records of hours worked for employees who are covered by 29 CFR 825.801, provided that the employee accrues paid sick leave as though they worked 40 hours in each workweek. Frontloading paid sick leave means providing employees at least 40 hours of paid sick leave or equivalent paid time off at the beginning of each year. The employee would have the right to use that leave immediately upon receiving it. The employer would not be required to keep records of the paid sick leave that the employee would have accrued during that designated year. The amount could be prorated for employees hired after the beginning of the year. Satisfying the third part of legislative mandate 2, the proposed regulation states that an employer commits unlawful interference under the Act if that employer takes an action (including an affirmative act, omission, or statement) that would interfere with a reasonable person's rights or protected activity under the Act or its implementing regulation. Interference can include: Failing to store and maintain the confidentiality of sensitive information, such as information about an employee or their family member health conditions, that the employer receives in relation to a request for paid sick leave; Satisfying legislative mandate 3, the proposed regulation puts forth that upon receipt of a complaint from an employee or third-party, or at commissioner discretion, the commissioner may investigate any alleged violations of the Act. When the commissioner determines that a violation has occurred, and a case is not otherwise resolved through mediation or other means, the commissioner will issue a formal determination letter. The employer may request an informal conference with the commissioner within 15 days of receipt of the formal determination letter regarding the findings. The informal conference will result in a decision of the commissioner. When the commissioner issues a formal determination or decision of violation, the employer may resolve the investigation by taking all corrective action determined appropriate by the commissioner, including paying all back wages, damages, and penalties owed. To prevent future violations, the commissioner may require an employer to enter into a compliance agreement as a condition of resolution. When the commissioner issues a formal determination or decision of violation and the employer refuses to comply or otherwise fails to respond within 15 days of receipt, the decision of the commissioner shall be final. The commissioner may enter a final order against the employer in the appropriate circuit court, refer the matter to the Attorney General, or bring a civil action to enforce the Act.

Estimated Benefits and Costs. Most of the benefits and costs are due to the legislation, either through directly stated requirements in the legislation or direction to provide detail on requirements in the regulation. The proposed requirements in the regulation do appear to minimize the costs necessary to comply with the legislation. Observing data from the U.S. Bureau of Labor Statistics National Compensation Survey for 12 states that introduced mandatory paid sick leave laws,⁸ on average post-mandate workers took 16.8 hours of paid sick leave annually.⁹ The benefits and costs of paid sick leave to employers and employees will differ based upon the situation. The cost to employers will depend upon the extent to which they already provided paid sick leave and the availability of substitute employees. For employers that were already providing at least the minimum required amount of sick leave or an equivalent paid time off policy, there essentially would be no introduced cost.¹⁰ In contrast, for employers that have not been providing paid sick leave it is likely that workers often come to work when they are sick due to the financial pressure of needing the pay. For these employers, after the introduction of paid sick leave workers will be more likely to not come to work when they are sick. However, the cost to these employers will vary depending upon the availability of other workers. For employers of hourly workers, when another hourly employee is available to come in for the person out sick, there would be the cost of paying two employees hourly wages when only one is working. But when another hourly employee is not available there could be either a decrease in the quantity of products produced and available for sale in a given time, or a temporary reduction in the speed and quality of services provided due to fewer workers available in a given shift. When multiple workers are out taking paid sick leave at the same time, and they cannot be replaced, some businesses may even need to close temporarily. On the other hand, the costs to employers of paid sick leave may be somewhat mitigated by certain benefits, including increased employee satisfaction, reduced employee turnover, and an increase in the ability to attract potential employees. The employer may also benefit from a decrease in the spread of illness within the workplace, which may also help reduce the spread of communicable diseases and reduce overall health care costs. Paid sick leave is beneficial for employees, but the impact varies depending on the situation. Hourly and fee-for-service employees receive pay when they are too sick to work or are needed to care for a sick family member, which they would not have received without paid sick leave. Salaried workers may feel less pressure to work when they are sick, which may reduce stress. This can reduce the financial or psychological pressure on employees to continue working while sick and can facilitate earlier access to needed health care, which may help prevent illness from becoming worse. Paid sick day laws are linked to a 5.6% reduction in emergency room visits, with the biggest reductions among Medicaid patients.¹¹ Requiring paid sick leave would particularly benefit low-wage workers who currently have limited access to paid sick leave. Nationwide, only 48% of the lowest-income workers have access to paid sick leave, while 97 percent of the highest-income workers do.¹² In the proposed regulation, the design of recordkeeping requirements for employers beneficially minimizes employer administrative costs in two ways. First, aligning accrual methods and associated administrative obligations with employers existing recordkeeping responsibilities under federal law helps to prevent duplication of effort. Second, the proposal to allow frontloading would also reduce recordkeeping requirements for employers that choose that method, as they would not need to track and calculate paid sick leave accrual throughout the year. Additionally, the Act requires employers to post notification of employee rights under the Act. The proposed regulation instructs DOLI to provide employers with such a poster. This reduces administrative burden for employers since they would not need to compose and create the poster themselves.

Businesses and Other Entities Affected. Employers in the Commonwealth that are not already providing at least the minimum required amount of paid sick leave or an equivalent amount from a paid time off policy would be directly affected by the Act and the proposed regulation. The number of such employers is not currently known. Employees and family members of such employers would be indirectly affected. There are approximately 1,011,000 private sector employees¹³ and 46,000 state and local government employees¹⁴ in Virginia without paid sick leave. Not all of these employees would gain paid sick leave due to the exceptions The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.¹⁵ An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.¹⁶ The costs are due to the legislation, and the proposed regulation minimizes additional required costs. Thus, no adverse impact from the regulation is indicated.

Small Businesses¹⁷ Affected.¹⁸ As the introduced costs are from the legislation, the proposed regulation does not appear to adversely affect small businesses.

Localities¹⁹ Affected.²⁰ The proposed regulation neither disproportionately affects particular localities, nor introduces costs to local governments.

Projected Impact on Employment. While the legislation may have some impact, the proposed regulation is unlikely to have substantive impact on employment.

Effects on the Use and Value of Private Property. The proposed regulation is unlikely to have substantive impact on the use and value of private property, including real estate development costs.

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¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² "Home health worker" is defined as an individual who provides personal care, respite, or companion services to an individual who receives consumer-directed services under the state plan for medical assistance services. See § 40.1-33.3 of the Code of Virginia.

³ This applies to home health workers who work on average at least 20 hours per week or 90 hours per month.

⁴ "Participating employee" means any eligible employee required or electing to participate in the Virginia Sickness and Disability Program.

⁵ Qualifying part-time employee is defined as any person who would qualify as a state employee as defined in § 51.1-124.3 of the Code of Virginia but, rather than being regularly employed full time on a salaried basis, is regularly employed part time for at least 20 hours but less than 40 hours per week on a salaried basis.

⁶ See https://www.opm.gov/policy-data-oversight/pay-leave/leave-administration/fact-sheets/sick-leave-general-information/.

⁷ It does not apply to: 1) home health workers who works on average at least 20 hours per week or 90 hours per month and their employers, 2) employees who (i) are licensed, registered, or certified by a health regulatory board within the Department of Health Professions; (ii) are employed by a facility licensed by the Department of Health or the University of Virginia Medical Center or Virginia Commonwealth University Health System Authority; and (iii) works, on average, no more than 30 hours per week, 3) employees who are employed on a pro re nata, or as-needed, basis, regardless of the number of hours worked in the month and who are (i) licensed, registered, or certified by a health regulatory board within the Department of Health Professions; (ii) employed by a facility licensed by the Department of Health; (iii) employed by the University of Virginia Medical Center or Virginia Commonwealth University Health System Authority; or (iv) employed by any agency licensed by the Department of Behavioral Health and Developmental Services, 4) and railroads and railroad employees.

⁸ The 12 states are Arizonia, California, Colorado, Connecticut, Maryland, Massachusetts, New Jersey, New York, Oregon, Rhode Island, Vermont, and Washington.

⁹ Source: Maclean, J.C., Stefan Pichler, and Nicolas R. Ziebarth. 2025. Mandated Sick Pay: Coverage, Utilization, and Crowding-in. Journal of the European Economic Association. 23(5):1868 1907, https://pmc.ncbi.nlm.nih.gov/articles/PMC12510734/pdf/jvaf008.pdf.

¹⁰ This assumes that if the employer was already providing at least the minimum required amount of sick leave or an equivalent paid time off policy, that records would be kept. If not, there would be a new recordkeeping cost.

¹¹ Source: Ma, Yanlei et al. 2022. State Mandatory Paid Sick Leave Associated With A Decline In Emergency Department Use In The US, 2011-19. Health Affairs. 41(8), https://www.healthaffairs.org/doi/10.1377/hlthaff.2022.00098.

¹² Source: U.S. Bureau of Labor Statistics, National Compensation Survey, March 2026. The lowest income are those with the bottom ten percent wages. The highest income are those with the top 10% wages. https://www.bls.gov/news.release/ebs2.t06.htm.

¹³ The Federal Reserve Bank of St. Louis shows 3,484,700 Virginia private sector employees in its most up-to-date display accessed on October 12, 2026, https://fred.stlouisfed.org/series/SMS51000000500000001. The U.S. Bureau of Labor Statistics, National Compensation Survey, March 2026 indicates 29% of private sector employees in the South Atlantic do not have paid sick leave. https://www.bls.gov/news.release/ebs2.t06.htm. 3,484,700 x 0.29 = 1,010,563.

¹⁴ The Federal Reserve Bank of St. Louis shows 169,000 state government employees and 411,400 local government employees in Virginia in its most up-to-date displays accessed on October 12, 2026, https://fred.stlouisfed.org/series/SMS51000009092000001 and https://fred.stlouisfed.org/series/SMU51000009093000001A. The U.S. Bureau of Labor Statistics, National Compensation Survey, March 2026 indicates eight percent of state and local government employees in the South Atlantic do not have paid sick leave. https://www.bls.gov/news.release/ebs2.t06.htm. (169,000 + 411,400) x 0.08 = 46,432.

¹⁵ Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

¹⁶ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

¹⁷ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

¹⁸ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

¹⁹ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

²⁰ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The Department of Labor and Industry concurs with the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

Pursuant to Chapters 1128 and 1129 of the 2026 Acts of Assembly, the proposed action creates the Paid Sick Leave Regulation (16VAC15-90), which implements paid sick leave for Virginia workers and includes provisions regarding (i) employer coverage, (ii) accrual of paid sick leave, (iii) use of paid sick leave, (iv) compensation for paid sick leave, (v) leave administration, (vi) protections against retaliation and interference, (vii) notice of rights and recordkeeping, and (viii) investigations and enforcement.

Chapter 90

Paid Sick Leave Regulation

16VAC15-90-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Act" means Article 2.1:1 (§ 40.1-33.6:1 et seq.) of Chapter 3 of Title 40.1 of the Code of Virginia.

"Commissioner" means the Commissioner of the Department of Labor and Industry or the commissioner's designee.

"Consecutive workdays" means consecutive days on which a particular employee would have ordinarily worked absent a qualifying reason for leave.

"Days" means calendar days unless otherwise specified.

"Department" means the Department of Labor and Industry.

"Fee-for-service basis" means a payment in which an employee is paid a pre-determined amount to perform a specific task.

"Health care professional," for purposes of § 40.1-33.6:3 of the Code of Virginia, shall have the same meaning as "health care provider" as defined in § 60.2-800 of the Code of Virginia.

"Overtime exempt employee" means an employee who is exempt from overtime requirements under 29 USC § 213(a)(1) of the federal Fair Labor Standards Act (29 USC § 201 et seq.).

"Year" means the regular and consecutive 12-month period determined by the employer for the purpose of paid sick leave administration, as set forth in § 40.1-33.6:1 of the Code of Virginia.

16VAC15-90-20. General provisions.

Nothing in the Act or this chapter shall prevent an employer from adopting or retaining a paid leave policy that is more generous than the one required by the Act.

16VAC15-90-30. Employer coverage.

A. Covered employers. An employer is covered by the Act if the employer meets the definition of employer set forth in § 40.1-33.6:1 of the Code of Virginia, subject to exceptions provided in § 40.1-33.6:4 of the Code of Virginia. All employees of a covered employer are covered by the Act, subject to §§ 40.1-33.6:2 and 40.1-33.6:4 of the Code of Virginia. The Act applies equally to full-time and part-time employees.

An employer shall not avoid coverage by misclassifying employees as independent contractors in violation of § 40.1-28.7:7 of the Code of Virginia.

An employer shall not divide employees among separate entities, worksites, payroll systems, or business units where the entities operate as an integrated employer for purposes of avoiding coverage under the Act.

B. Applicability date by employer size. This chapter will become applicable to covered employers as follows:

1. July 1, 2027: Applicable to employers of at least 50 employees.

2. January 1, 2028: Applicable to employers of at least 25 employees.

3. January 1, 2029: Applicable to employers of at least one employee.

To determine an employer's size, an employer shall count all individuals whom it employed for 20 or more calendar workweeks in the current or preceding calendar year within any state or territory of the United States or the District of Columbia. Employees who are employed outside these areas are not counted for purposes of determining employer coverage. Bona fide independent contractors who are properly classified under § 58.1-1900 of the Code of Virginia shall not be counted as employees for purposes of the Act.

16VAC15-90-40. Accrual of paid sick leave.

A. Paid sick leave, generally. In accordance with § 40.1-33.6:2 of the Code of Virginia, employees shall accrue a minimum of one hour of paid sick leave for every 30 hours worked. Employers must permit employees to accrue at least 40 hours of paid sick leave per year. Employers may elect to allow employees to accrue more than 40 hours of paid sick leave per year.

B. Remote workers in Virginia. Because the definition of employee in §§ 40.1-33.6:1 and 40.1-2 of the Code of Virginia covers remote employees, an employee who works remotely in the Commonwealth while being customarily physically located in the Commonwealth shall accrue paid sick leave under the same terms as other employees under the Act.

C. Occasional work outside Virginia. An employee who customarily works in the Commonwealth, even if the employee occasionally works outside of Virginia, shall accrue paid sick leave for all hours that the employee works, including hours occasionally worked outside the Commonwealth.

D. Frontloading paid sick leave. An employer may elect to satisfy the accrual requirements of § 40.1-33.6:2 of the Code of Virginia by frontloading paid sick leave, which means providing employees at least 40 hours of paid sick leave or equivalent paid time off at the beginning of each year.

1. When an employer provides employees at least 40 hours of paid sick leave or equivalent time off at the beginning of each year, the employee shall have the right to use that leave immediately upon receiving it.

2. An employer that provides employees at least 40 hours of paid sick leave or equivalent paid time off at the beginning of each year is not required to keep records of the paid sick leave that an employee would have accrued during that designated year.

3. For an employee hired after the beginning of the year, an employer may (i) frontload 40 hours or more of paid sick leave or equivalent paid time off or (ii) provide a prorated amount based on the remaining portion of the year, provided that the prorated amount is at least equal to the amount the employee would have accrued based on hours worked.

4. An employer that has provided paid sick leave or equivalent paid time off may not rescind or revoke unused hours of paid sick leave or equivalent paid time off.

E. Separation from employment. Pursuant to § 40.1-33.6:2 of the Code of Virginia, the Act does not require an employer to pay an employee for paid sick leave that was accrued but not used upon separation from employment, regardless of whether the employer elects to frontload paid sick leave or to allow employees to accrue paid sick leave.

F. Employees exempt from overtime protections. As set forth in § 40.1-33.6:2 of the Code of Virginia, employees who are exempt from overtime protections under 29 USC § 213(a)(1) will be assumed to work 40 hours each workweek for purposes of paid sick leave accrual, unless their normal workweek is less than 40 hours. An overtime-exempt employee whose workweek is less than 40 hours shall accrue paid sick leave as follows:

1. An overtime-exempt employee shall accrue paid sick leave based on the employee's actual hours worked if an employer is required to keep records of the employee's hours worked under applicable law or if the employer otherwise keeps records of the employee's hours worked.

2. An employer that is not required to and does not keep records showing hours worked by an overtime-exempt employee whose normal workweek is less than 40 hours may establish a reasonable method of calculating the number of hours worked by the employee. A reasonable method for determining the number of hours worked by an employee for whom recording hours worked is not required by Virginia, federal, or local law includes: (i) the number of hours in a work schedule agreed upon by the employer and the employee, (ii) billing hours, or (iii) an established practice that provides a reasonable approximation of the hours actually worked by the employee.

G. An employee who is paid on a fee-for-service basis. An employee who is paid on a fee-for-service basis will accrue paid sick leave as follows:

1. An employee who is compensated on a fee-for-service basis shall accrue paid sick leave based on the employee's actual hours worked when the employer is required to keep records of the employee's hours worked under the Fair Labor Standards Act (29 USC § 201 et seq.) or other applicable law, or if the employer otherwise keeps records of the employee's hours worked.

2. An employee who is compensated on a fee-for-service basis but whose employer is not required to record the employee's hours worked under applicable law will accrue paid sick leave under the same terms as any other employee exempt from overtime protections as set forth in § 40.1-33.62 of the Code of Virginia and subsection F of this section.

H. Carryover. Pursuant to § 40.1-33.6:2 of the Code of Virginia, an employer must allow any employee to carry over unused paid sick leave that an employee has accrued but not used to the following year.

1. An employee who carries unused paid sick leave into a new year shall continue to accrue paid sick leave under the Act, in addition to the amount carried over.

2. An employer is not required to allow an employee to use more than 40 hours or more of paid sick leave in a single year, including when an employee's total carried over and accrued leave exceeds 40 hours. An employer may choose to set a higher limit or to place no limit on the amount of paid sick leave that an employee may use in a single year. The employer's limit on paid sick leave use must be included in a written policy provided to employees pursuant to 16VAC15-90-70 A 3 and consistently applied to all similarly situated employees.

3. An employer that frontloads at least 40 hours of paid sick leave at the beginning of each year may satisfy the carryover requirement of § 40.1-33.6:2 of the Code of Virginia by providing employees with a total of 40 hours or more of paid sick leave at the beginning of a new year.

I. Changes in employment. Pursuant to § 40.1-33.6:2 of the Code of Virginia, an employee who remains employed by the same employer, but who changes positions, job descriptions, job duties, divisions, entities, or locations shall retain all accrued and unused paid sick leave or equivalent paid time off.

J. Rounding. Pursuant to § 40.1-33.6:2 of the Code of Virginia carryover requirement, employees shall accrue paid sick leave based on hours worked. Employers shall not round an employee's hours worked or accrued leave in a manner that results in an employee receiving less paid sick leave than required by law.

16VAC15-90-50. Use of paid sick leave.

A. Form of paid sick leave requests. Employers shall provide paid sick leave upon proper request from an employee. An employee shall make a proper request for sick leave in one of the following ways:

1. An employee may make a request in writing or by electronic means, including by email, by text message, by submitting a paper or electronic form, or through an employer's scheduling platform.

2. When an employee makes an oral request for leave, the employee and the employer have a mutual responsibility to make a record of that oral leave request within 14 days of the request being made, unless the employer's written paid sick leave policy permits an employee to make oral requests for leave without such requests being recorded.

B. Failure to request leave. If an employee fails to request paid sick leave or fails to make a proper request for paid sick leave, the employer is not required to compensate the employee for that portion of leave taken without a proper request.

C. Contents of paid sick leave requests. A proper request for sick leave is a request that provides sufficient information to make a reasonable employer aware that the employee is seeking paid sick leave, such as an employee's statement that the employee "needs the morning off to go to the doctor." An employee who requests paid sick leave is not required to expressly assert rights under the Act, mention the Act, or use any specialized terms of art for the request to be effective. An employer may ask an employee to provide an estimated amount of paid sick leave needed.

D. Notice of leave. An employer may require employees to provide advance notice, not to exceed seven days, of the use of paid sick leave that can be foreseen more than seven days in advance. An employee may voluntarily choose to provide their employer with more advanced notice than required by the employer's policy. An employee makes a good faith effort to provide advance notice of leave when the employee complies with an employer's usual and customary policy for providing notice. Where it is not practicable for an employee to provide advance notice, an employee makes a good faith effort when the employee provides notice of the need for leave as soon as practicable.

E. Leave increments. Pursuant to § 40.1-33.6:3 of the Code of Virginia, an employer may require an employee seeking paid sick leave to comply with a generally applicable written policy establishing increments for employee leave. An employer may not require an employee to use paid sick leave in increments greater than four hours.

1. An employer may not require employees to take paid sick leave under the Act in greater increments than the employer requires for other forms of employer-provided paid or unpaid leave.

2. A written employer policy that establishes increments of leave larger than one hour must include a policy that would apply when an employee needs to leave work to take leave for less than the employer-required increment due to an urgent and unforeseeable need for paid sick leave, and the time remaining in the employee's scheduled work day is less than the employer-required increment of leave. An employer may not prohibit an employee from leaving work because of an urgent and unforeseeable need for sick leave, including when the employee has fewer than four hours remaining in the employee's scheduled work hours.

F. Medical documentation. Pursuant to § 40.1-33.6:3 A 1 and A 2 of the Code of Virginia, an employee may use paid sick leave for the employee or the employee's family member's visit to a health care provider to obtain documentation from the health care provider or the provider's designee.

G. Family members. Pursuant to § 40.1-33.6:1 of the Code of Virginia, a family member for purposes of this chapter includes a child, grandchild, grandparent, parent, legal guardian, sibling, spouse, or domestic partner of an employee, including those with step, foster, adopted, or in loco parent relationships. A family member includes a person who (i) either regularly resides in the employee's home or who has a relationship with the employee that creates an expectation that the employee will care for such individual and (ii) who depends on the employee for care.

1. An employer may implement a written policy that allows an employee to designate a list of family members for whom an employee may wish to use paid sick leave, in addition to a child, grandchild, grandparent, parent, sibling, spouse, or domestic partner of an employee, including those with step, foster, or adopted relationships. An employer that does so shall:

a. Permit an employee to designate at least two individuals who (i) regularly resides in the employee's home or who have a relationship with the employee that creates an expectation that the employee care for such individual and (ii) who depends on the employee for care;

b. Allow an employee to update the list on an annual basis or more frequent basis, as well as anytime that the employee incurs a major life change;

c. Require an employee to designate those individuals in writing; and

d. Allow an employee to use paid sick leave to care for a child, grandchild, grandparent, parent, sibling, spouse, or domestic partner of an employee, including step, foster, or adopted relationships, none of whom must be included on such a pre-designated list.

2. If an employer does not have a written policy as outlined in subdivision G 1 of this section, an employee may take paid sick leave to care for any person who meets the statutory definition of a family member under § 60.2-800 of the Code of Virginia. The following, nondispositive factors are relevant to whether a person who is not a child, grandchild, grandparent, parent, sibling, spouse, or domestic partner of an employee, including those with step, foster, or adopted relationships, satisfies the definition of a family member:

a. Emergency contact designations;

b. The nature of the relationship;

c. The prior provision of care, such as prior presence at health-related or safety-related appointments;

d. Power of Attorney designations;

e. Life insurance, retirement account, and other beneficiary designations;

f. Shared financial responsibility, including shared leases, common ownership of real or personal property, and joint liability for bills; and

g. Cohabitation and the duration of cohabitation. However, an individual who simply resides in an employee's home with no expectation that the employee care for the individual is not a family member under § 40.1-33.6:1 of the Code of Virginia.

16VAC15-90-60. Compensation for paid sick leave.

A. Regular rate of pay. As provided in § 40.1-33.6:1 of the Code of Virginia, an employer shall compensate an employee for paid sick leave at the regular rate of pay owed by the employer to the employee, as established by § 40.1-29.3 of the Code of Virginia, commonly referred to as the Virginia Overtime Wage Act (VOWA).

1. Notwithstanding any other provision of law, an employee's regular rate shall not be less than the minimum wage amount set forth in § 40.1-28.10 of the Code of Virginia.

2. As set forth in § 40.1-33.6:1 of the Code of Virginia, a tipped employee's regular rate includes the amount of any tip credit claimed by their employer per hour, the reasonable cost of or fair value of any facilities furnished to the employee by the employer, and the cash wages, including commissions and certain bonuses paid by the employer. An employer shall not reduce an employee's paid sick leave pay rate by any tip credit or the fair value of any facilities furnished to the employee.

3. When an employee uses earned sick leave during scheduled hours that would have been paid at an overtime rate (as hours in which a worker was scheduled to work over 40 hours in a single workweek), the employer is required to pay that employee the regular rate of pay, rather than the overtime rate of pay.

B. Payment due date. An employer shall compensate an employee for paid sick leave no later than the regular payday for the pay period in which the leave was used. If an employer requires verification of an absence pursuant to § 40.1-33.6:3 H of the Code of Virginia, the employer shall compensate the employee no later than the regular payday for the pay period in which the employee provides the required verification.

C. Multiple rates of pay. If an employee works at multiple rates of pay, such as because of shift differentials or because the employee performs two different types of work for an employer, the employee's regular rate shall be the weighted average of such rates as set forth in 29 CFR 778.115.

D. Salaried workers. For employees who are paid a salary, no additional pay is due when the employee's use of paid sick leave results in no reduction in the employee's regular salary during the pay period in which the paid sick leave is used.

E. Indeterminate shifts. An employee who requests paid sick leave for a shift of indeterminate duration, such as a shift that is defined by business needs, rather than a previously specified number of hours, shall be paid based on the greater of (i) the hours worked by the employee in the most recent substantially similar shift of an indeterminate length or (ii) the number of hours worked by a similarly situated employee, if any, during the same shift.

16VAC15-90-70. Leave administration.

A. Written policy. Employers shall adopt a written paid sick leave policy that meets or exceeds the minimum requirements of the Act. In addition to the notice requirements set forth in 16VAC15-90-90, an employer shall provide a copy of the written policy to employees whenever the policy is changed, altered, or modified. The written paid sick leave policy must include:

1. The accrual method used, including the rate of accrual, which must meet the minimum requirements of the Act and this chapter;

2. The employer's definition of a "year" for purposes of leave administration, as required by 16VAC15-90-10;

3. Any annual accrual or use limitations established by the employer and consistent with the Act and this chapter, as required by 16VAC15-90-40 H. Accrual or use limitations shall not be less than 40 hours per year;

4. Procedures for requesting leave, which shall be consistent with the requirements of 16VAC15-90-50 A;

5. Any requirement that employees take leave in specific increments of time established by the employer, as required by 16VAC15-90-50 E. Any requirements related to leave increments must be consistent with the Act and this chapter;

6. A statement of employee anti-retaliation and anti-interference protections under the Act; and

7. A process for employees to obtain information about paid sick leave balances.

B. Failure to provide a written policy. An employer shall not deny paid sick leave to or discipline an employee based on the employee's failure to comply with a paid sick leave policy that was not provided in writing as required by 16VAC15-90-90.

C. Documentation requirements. For paid sick leave of three or more consecutive workdays, an employer's written paid sick leave policy may require reasonable documentation that the paid sick leave has been used for a purpose set forth in § 40.1-33.6:3 H of the Code of Virginia. Any documentation requirements must be included in the employer's paid sick leave policy and must be consistent with § 40.1-33.6:3 H of the Code of Virginia.

D. Employer designation of year. An employer's written paid sick leave policy shall designate a "year" that the employer will use for purposes of paid sick leave administration. Pursuant to § 40.1-33.6:1 of the Code of Virginia, a designated year must be a regular and consecutive 12-month period for purposes of administering paid sick leave, such as a calendar year, fiscal year, or benefits year. The designated year must be consistently applied to all similarly situated employees.

1. For any employer that fails to designate a "year" in its written policy, the "year" is the calendar year.

2. An employer may change its designated year only if: (i) the change is prospective; (ii) the change is not a willful attempt to avoid accrual, carryover, or use of paid sick leave; (iii) employees receive written notice at least 30 calendar days prior to the change; and (iv) employees retain all paid sick leave they have accrued but not used.

E. Loaned leave. An employee who accrues paid sick leave based on hours worked may request that their employer loan the employee paid sick leave that the employee has not yet accrued but expects to accrue in the future. An employer may voluntarily agree to loan an employee unaccrued leave. The terms of any loan shall be stated in a written agreement signed by the employee to confirm that the employee understands the terms of using loaned leave.

1. As a condition of loaning an employee paid sick leave, an employer may require that an employee consent to repay the employer through deductions from the employee's final paycheck if that employee separates from employment before accruing the loaned leave.

2. An employer's decision not to loan an employee unaccrued leave shall not constitute retaliation or interference under § 40.1-33.6:6 of the Code of Virginia.

16VAC15-90-80. Protections against retaliation and interference.

A. Retaliation. An employer who takes an adverse action against an individual because of that individual's protected activity commits unlawful retaliation under the Act.

1. "Protected activity" means taking, attempting to take, or being about to take any of the actions set forth in § 40.1-33.6:6 of the Code of Virginia. Protected activity includes being perceived by an employer or other person as taking an action set forth in § 40.1-33.6:6 of the Code of Virginia, such as filing a complaint with the Department of Labor and Industry.

2. "Adverse action" means any action, including an affirmative act, omission, or statement, that would harm an employee or that could deter a reasonable person from engaging in protected activity, including the adverse actions set forth in § 40.1-33.6:6 of the Code of Virginia.

B. Interference. An employer commits unlawful interference under the Act if that employer takes an action, including an affirmative act, omission, or statement, that would interfere with a reasonable person's rights or protected activity under the Act or this chapter. Interference can include:

1. Refusing to authorize paid sick leave that an employee is authorized to use under the Act;

2. Discouraging an employee from using paid sick leave;

3. Failing to store and maintain the confidentiality of sensitive information, such as information about an employee or the employee's family member's health conditions, that the employer receives in relation to a request for paid sick leave;

4. Providing false or misleading information that has the effect of interfering with an employee's ability to access paid sick leave;

5. Requiring an employee to search for or find a replacement worker to cover the hours during which the employee is using paid sick leave or requiring an employee to work an alternative shift to make up for the use of paid sick leave in violation of § 40.1-33.6:3 of the Code of Virginia;

6. Inducing or attempting to induce an individual to prospectively waive a right under the Act or this chapter; or

7. Making any communications or taking any action pertaining to an individual's immigration status that would deter a reasonable person from exercising the person's rights under the Act.

16VAC15-90-90. Notice and recordkeeping requirements.

A. Individual notice. Employers shall provide each employee written notice describing the employee's rights under the Act upon hiring, no later than five business days after an employee begins work. This notice must be provided in a form that an employee can keep or save.

1. In addition to the requirements set forth in § 40.1-33.6:5 of the Code of Virginia, the notice must include: (i) a statement of the employee's right to take paid sick leave under the Act and the terms under which such benefits can be used; (ii) a statement of the employee's anti-retaliation and anti-interference rights; and (iii) a copy of the employer's written paid sick leave policy required by 16VAC15-90-70 A.

2. An employer may satisfy this section by providing an employee (i) a copy of a program notice developed by the department and (ii) a copy of the employer's written paid sick leave policy required by 16VAC15-90-70 A.

3. An employer must also provide an employee with a new copy of the notice and the employer's written paid sick leave policy upon the employee's request. An employee may make such requests no more than once per month, except they may make an additional request when a need for paid sick leave arises.

4. An employer must also provide an employee with a copy of this notice upon transfer to Virginia, no later than five business days after an employee begins work in Virginia.

B. Posters. An employer shall maintain and display a notice provided by the department in a conspicuous place accessible to employees providing information about an employee's rights under the Act. The department will publish a poster in English and Spanish. An employer may satisfy the requirements of this section by posting the program notice electronically, such as on an employer's intranet, employee portal, or website, if all employees customarily receive information from the employer via electronic means and all employees have readily available access to the electronic posting at all times.

C. Recordkeeping. An employer must retain records for a three-year period documenting each employee's hours worked, hours of paid sick leave accrued, and hours of paid sick leave used, unless the employer falls under one of the following exceptions:

1. An employer that elects to frontload leave as provided in 16VAC15-90-40 D is not required to maintain records of hours worked, provided that the employer retain records documenting its practice of frontloading leave and the amount of paid sick leave provided. If the employer elects to provide newly hired employees with a prorated amount of paid sick leave, as provided in 16VAC15-90-40 D 3, the employer must keep records showing the prorated amount of paid sick leave provided to the employee.

2. An employer is not required to maintain records of hours worked for any employee who is exempt from overtime requirements under 29 USC § 213(a)(1), provided that the employee accrues paid sick leave as set forth in § 40.1-33.6:2 of the Code of Virginia.

3. An employer is not required to maintain records of hours worked for an employee who is covered by 29 CFR 825.801, provided that the employee accrues paid sick leave as though they worked 40 hours in each workweek.

4. Nothing in this regulation alters an employer's recordkeeping requirements under other applicable laws.

D. Retention of records. An employer who is aware of a pending complaint, investigation, litigation, audit, or other enforcement action shall retain all records relevant to the action until final resolution.

E. Leave balance on request. Upon an employee's request, an employer shall provide, in writing or electronically, documents sufficient to show the employee's then-current amount of paid sick leave accrued, paid sick leave used, and the paid sick leave balance remaining for use.

1. An employer shall provide this information within three business days of the request. An employer may not charge an employee a fee for providing paid sick leave records.

2. An employee may make such requests no more than once per month, except the employee may make an additional request when a need for paid sick leave arises.

3. An employee may choose a reasonable system for fulfilling such requests, including listing the information on each pay stub, using an electronic system where employees can access the employee's own paid sick leave information, or providing information in a letter or electronic communication.

16VAC15-90-100. Investigations and enforcement.

A. Investigations. Upon receipt of a complaint from an employee or third party or at the commissioner's discretion, the commissioner may investigate any alleged violations of the Act. A complaint must be filed within the statute of limitations set by § 40.1-33.6:7 of the Code of Virginia.

B. Formal determination of violation. When the commissioner determines that a violation has occurred and a case is not otherwise resolved through mediation or other means, the commissioner will issue a formal determination letter.

1. The employer may request an informal conference with the commissioner within 15 days of receipt of the formal determination letter regarding the findings.

2. The employer's request for an informal conference shall be in writing and include the specific basis for the employer's contestation with any additional documentary evidence the employer wishes the commissioner to consider.

3. The informal conference will result in a decision of the commissioner.

C. Resolution and disposition. When the commissioner issues a formal determination or decision of violation, the employer may resolve the investigation by taking all corrective action determined appropriate by the commissioner, including paying all back wages, damages, and penalties owed. To prevent future violations, the commissioner may require an employer to enter into a compliance agreement as a condition of resolution. Proof of payment or action must be submitted to the commissioner within 15 days of receipt of the determination. In the event that payment and corrective action cannot reasonably be taken within 15 days, the commissioner may approve an extended timeline for an employer to implement all corrective actions and provide proof that the corrective actions were completed. If the employer pays all penalties and takes all corrective action within the deadline, the investigation shall be closed.

D. Final orders. When the commissioner issues a formal determination or decision of violation and the employer refuses to comply or otherwise fails to respond within 15 days of receipt, the decision of the commissioner shall be final. The commissioner may enter a final order against the employer in the appropriate circuit court, refer the matter to the Attorney General, or bring a civil action to enforce the Act.

E. No administrative exhaustion required. An employee is not required to pursue administrative remedies through the commissioner prior to initiating a lawsuit seeking relief for a violation of the Act.

F. Civil monetary penalty assessments. Civil penalties will be determined in accordance with § 40.1-33.6:7 of the Code of Virginia. Civil monetary penalties shall be assessed with consideration of the gravity of the violation, the size of the business, and other factors deemed appropriate by the commissioner.

1. Pursuant to § 40.1-33.6:7 D of the Code of Virginia, no civil monetary penalty shall be assessed and no civil action shall be brought against an employer that, within 15 days of receiving written notice of the alleged violation, corrects the violation by providing affected employees all relief owed to them under the Act and by correcting the employer policies and practices that led to the violation.

2. To ensure that an employer corrects the violation, the employer may be required to enter into a compliance agreement before reducing civil monetary penalties.

3. An employer that commits a repeat violation of the Act shall be assessed a civil penalty under § 40.1-33.6:7 D of the Code of Virginia. Subdivision 1 of this subsection shall not apply to an employer that repeatedly violates the Act because of the employer's prior failure to come into compliance within 15 days.

4. For purposes of this section, an employer receives written notice of an alleged violation when the employer receives a notice from the commissioner or Attorney General, a complaint, a demand letter, or a notice from a labor organization or other interested third party containing a description of the alleged violation.

G. Common law defenses. Causes of action authorized under the Act and awards for successful causes of action under the Act are limited by common law affirmative and equitable defenses, including the common law equitable defense of double recovery.

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF MEDICINE

Fast-Track Regulation

Title of Regulation: 18VAC85-110. Regulations Governing the Practice of Licensed Acupuncturists (amending 18VAC85-110-10, 18VAC85-110-80, 18VAC85-110-91, 18VAC85-110-150 through 18VAC85-110-161).

Statutory Authority: § 54.1-2400 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: December 2, 2026.

Effective Date: December 17, 2026.

Agency Contact: Erin Barrett, Director of Legislative and Regulatory Affairs, Department of Health Professions, Perimeter Center, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 750-3912, fax (804) 915-0382, or email erin.barrett@dhp.virginia.gov.

Basis: Section 54.1-2400 of the Code of Virginia authorizes the Board of Medicine to promulgate regulations that are reasonable and necessary to effectively administer the regulatory system.

Purpose: This action is essential to protect the health, safety, and welfare of citizens because it clarifies the name of the national certifying body.

Rationale for Using Fast-Track Rulemaking Process: This action is expected to be noncontroversial and is therefore appropriate for the fast-track rulemaking process because it changes the name of the national certifying body in regulations for consistency with the certifying body's name change.

Substance: The amendments change the name of the certifying body from National Certification Commission for Acupuncture and Oriental Medicine (NCCAOM) to National Certification Board for Acupuncture and Herbal Medicine (NCBAHM).

Issues: The primary advantages to the public are clarity in licensed acupuncturist regulations. There are no disadvantages to the public. There are no advantages or disadvantages to the agency or the Commonwealth.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. The Board of Medicine (board) proposes to update references in Regulations Governing the Practice of Licensed Acupuncturists to reflect a change in the name of the national certifying body for acupuncturists.

Background. The national certifying body for acupuncturists, the National Certification Commission for Acupuncture and Oriental Medicine (NCCAOM), is referenced in several sections of the regulation. NCCAOM has changed its name to the National Certification Board for Acupuncture and Herbal Medicine (NCBAHM). Consequently, the board proposes to amend references to NCCAOM to NCBAHM.

Estimated Benefits and Costs. The proposed amendments do not affect requirements, but may be beneficial in that readers of the regulation may more easily find the national certifying body for acupuncturists by having the current name referenced in the regulation.

Businesses and Other Entities Affected. The proposed amendments may affect readers of the regulation. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.² An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.³ The proposal neither increases net costs nor reduces net benefits for ant entity. Thus, no adverse impact is indicated.

Small Businesses⁴ Affected.⁵ The proposed amendments do not adversely affect small businesses.

Localities⁶ Affected.⁷ The proposed amendments neither disproportionally affect any particular locality nor affect costs for local governments.

Projected Impact on Employment. The proposed amendments do not affect total employment.

Effects on the Use and Value of Private Property. The proposed amendments affect neither the use and value of private property nor real estate development costs.

_____________________________

¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

³ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁴ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁵ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁶ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁷ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The Board of Medicine concurs with the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

The amendments update the name of the national certifying body for acupuncturists to the National Certification Board for Acupuncture and Herbal Medicine (NCBAHM) for consistency with the certifying body's recent name change.

18VAC85-110-10. Definitions.

A. The following words and terms when used in this chapter shall have the meanings ascribed to them in § 54.1-2900 of the Code of Virginia.

Acupuncturist

Board

Licensed acupuncturist

Practice of acupuncture

B. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"ACAHM" means the Accreditation Commission for Acupuncture and Herbal Medicine.

"CCAHM" means the Council of Colleges of Acupuncture and Herbal Medicine.

"CNT course" means a Clean Needle Technique Course as administered by the CCAHM.

"NCCAOM" means the National Certification Commission for Acupuncture and Oriental Medicine.

"NCBAHM" means the National Certification Board for Acupuncture and Herbal Medicine.

18VAC85-110-80. Examination requirements for licensure.

The examination requirements for initial licensure shall consist of:

1. Passing the NCCAOM NCBAHM examination, resulting in current, active certification by the NCCAOM NCBAHM at the time the application is filed with the board; and

2. Completing the CNT course as administered by the CCAHM.

18VAC85-110-91. Licensure by endorsement.

An applicant for licensure by endorsement shall submit the following:

1. Evidence of a current, active license in a United States jurisdiction or Canada that is in good standing;

2. A completed application and fee;

3. Evidence of a current, active national NCBAHM certification recognized by the board;

4. Evidence of completion of a CNT course as administered by the CCAHM; and

5. A current report from the National Practitioner Data Bank.

18VAC85-110-150. Biennial renewal of licensure.

A. A licensed acupuncturist shall renew his license licensure biennially during his the licensee's birth month in each odd-numbered year by:

1. Paying to the board the renewal fee as prescribed in subdivision 2 of 18VAC85-110-35; and

2. Attesting to having current, active certification by the NCCAOM NCBAHM.

B. A licensed acupuncturist whose license has not been renewed by the first day of the month following the month in which renewal is required shall not be licensed in Virginia.

C. An additional fee to cover administrative costs for processing a late application renewal shall be imposed by the board as prescribed by subdivision 3 of 18VAC85-110-35.

18VAC85-110-155. Inactive licensure.

A. A licensed acupuncturist who holds a current, unrestricted license in Virginia shall, upon a request on the renewal application and submission of the required fee, be issued an inactive license.

1. The holder of an inactive license shall not be required to maintain current, active certification by the NCCAOM NCBAHM.

2. An inactive licensee shall not be entitled to perform any act requiring a license to practice acupuncture in Virginia.

B. An inactive licensee may reactivate his a license by:

1. Submission of the required application;

2. Payment of the difference between the current renewal fee for inactive licensure and the renewal fee for active licensure for the biennium in which the license is being reactivated; and

3. Submission of documentation of having maintained current certification or having been recertified by the NCCAOM NCBAHM.

C. The board reserves the right to deny a request for reactivation to any licensee who has been determined to have committed an act in violation of § 54.1-2915 of the Code of Virginia or any provisions of this chapter.

18VAC85-110-160. Reinstatement.

A. A licensed acupuncturist who allows his a license to lapse for a period of two years or more and chooses to resume his practice shall submit to the board a reinstatement application, information on practice and licensure in other jurisdictions for the period in which the license was lapsed in Virginia, proof of current, active certification by the NCCAOM NCBAHM, and the fee for reinstatement of his license licensure as prescribed in subdivision 4 of 18VAC85-110-35.

B. A licensed acupuncturist whose license has been revoked by the board and who wishes to be reinstated must make a new application to the board, hold current, active certification by the NCCAOM NCBAHM, and pay the fee for reinstatement of his license licensure as prescribed in subdivision 6 of 18VAC85-110-35.

18VAC85-110-161. Restricted volunteer license.

A. A licensed acupuncturist who held an unrestricted license issued by the Virginia Board of Medicine or by a board in another state as a licensee in good standing at the time the license expired or became inactive may be issued a restricted volunteer license to practice without compensation in a clinic that is organized in whole or in part for the delivery of health care services without charge in accordance with § 54.1-106 of the Code of Virginia.

B. To be issued a restricted volunteer license, a licensed acupuncturist shall submit an application to the board that documents compliance with requirements of § 54.1-2928.1 of the Code of Virginia and the application fee prescribed in 18VAC85-110-35.

C. The licensee who intends to continue practicing with a restricted volunteer license shall renew biennially during his the licensee's birth month, meet the continued competency requirements prescribed in subsection D of this section, and pay to the board the renewal fee prescribed in 18VAC85-110-35.

D. The holder of a restricted volunteer license shall not be required to attest to hours of continuing education for the first renewal of such a license. For each renewal thereafter, the licensee shall attest to obtaining 20 hours of continuing education acceptable to the NCCAOM NCBAHM, obtained within the last biennium.

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF MEDICINE

Fast-Track Regulation

Title of Regulation: 18VAC85-120. Regulations Governing the Licensure of Athletic Trainers (amending 18VAC85-120-10, 18VAC85-120-50 through 18VAC85-120-80, 18VAC85-120-90, 18VAC85-120-95, 18VAC85-120-100).

Statutory Authority: § 54.1-2400 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: December 2, 2026.

Effective Date: December 17, 2026.

Agency Contact: Erin Barrett, Director of Legislative and Regulatory Affairs, Department of Health Professions, Perimeter Center, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 750-3912, fax (804) 915-0382, or email erin.barrett@dhp.virginia.gov.

Basis: Section 54.1-2400 of the Code of Virginia authorizes the Board of Medicine to promulgate regulations that are reasonable and necessary to effectively administer the regulatory system.

Purpose: This action is essential to protect the health, safety, and welfare of citizens because it clarifies the name of the national certifying body.

Rationale for Using Fast-Track Rulemaking Process: This action is expected to be noncontroversial and is therefore appropriate for the fast-track rulemaking process because it changes the name of the national certifying body to be consistent with the certifying body's name change.

Substance: The amendments change the name of the certifying body from National Athletic Trainers Association Board of Certification (NATABOC) to Board of Certification for the Athletic Trainer (BOC).

Issues: The primary advantage to the public is clarity in athletic trainer regulations. There are no disadvantages to the public. There are no advantages or disadvantages to the agency or the Commonwealth.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. The Board of Medicine (board) proposes to update references in Regulations Governing the Licensure of Athletic Trainers to reflect a change in the name of the national certifying body for athletic trainers.

Background. The national certifying body for athletic trainers, the National Athletic Trainers Association Board of Certification (NATABOC), is referenced in several sections of the regulation. NATABOC has changed its name to the Board of Certification for the Athletic Trainer (BOC). Consequently, the board proposes to amend references to NATABOC to BOC.

Estimated Benefits and Costs. The proposed amendments do not affect requirements, but may be beneficial in that readers of the regulation may more easily find the national certifying body for acupuncturists by having the current name referenced in the regulation.

Businesses and Other Entities Affected. The proposed amendments may affect readers of the regulation. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.² An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.³ The proposal neither increases net costs nor reduces net benefits for ant entity. Thus, no adverse impact is indicated.

Small Businesses⁴ Affected.⁵ The proposed amendments do not adversely affect small businesses.

Localities⁶ Affected.⁷ The proposed amendments neither disproportionally affect any particular locality nor affect costs for local governments.

Projected Impact on Employment. The proposed amendments do not affect total employment.

Effects on the Use and Value of Private Property. The proposed amendments neither affect neither the use and value of private property nor real estate development costs.

_____________________________

¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

³ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁴ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁵ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁶ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁷ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The Board of Medicine concurs with the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

The amendments update the name of the national certifying body for athletic trainers to the Board of Certification for the Athletic Trainer (BOC) for consistency with the certifying body's recent name change.

18VAC85-120-10. Definitions.

In addition to words and terms defined in § 54.1-2900 of the Code of Virginia, the following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"Athletic trainer" means a person licensed by the Virginia Board of Medicine to engage in the practice of athletic training as defined in § 54.1-2900 of the Code of Virginia.

"Board" means the Virginia Board of Medicine.

"BOC" means the Board of Certification for the Athletic Trainer.

"Direction" means authorization by a doctor of medicine, osteopathy, chiropractic, podiatry, or dentistry for care and treatment by a verbal order if the doctor or dentist is present or by written order, telecommunication, plans of care, protocols, or standing orders if the doctor or dentist is not present.

"NATABOC" means the National Athletic Trainers' Association Board of Certification.

"Student athletic trainer" means a person enrolled in an accredited bachelor's or master's level educational program in athletic training.

18VAC85-120-50. Requirements for initial licensure.

An applicant for initial licensure shall submit evidence of meeting the following requirements for licensure on forms provided by the board:

1. A completed application and fee as prescribed in 18VAC85-130-150;

2. Verification of professional activity as required on the application form;

3. Evidence of current NATABOC BOC certification; and

4. If licensed or certified in any other jurisdiction, verification as to whether there has been any disciplinary action taken or pending in that jurisdiction.

18VAC85-120-51. Requirements for licensure by endorsement.

An applicant for licensure by endorsement shall submit the following:

1. Evidence of a current, active license in a United States jurisdiction or Canada that is in good standing;

2. A completed application and fee;

3. Evidence of a current, active national BOC certification recognized by the board; and

4. A current report from the National Practitioner Data Bank.

18VAC85-120-75. Temporary authorization to practice.

Upon written request from an applicant and an applicant's employer and for good cause shown, an applicant who provides documentation of current NATABOC BOC certification may be granted temporary authorization to practice as an athletic trainer for 45 days pending submission of all other required documentation and issuance of a license. At the discretion of the board, additional time, not to exceed 15 days, may be allowed to complete the application process.

18VAC85-120-80. Provisional licensure.

A. An applicant who has been approved by NATABOC BOC to sit for the certification examination may be granted a provisional license to practice athletic training under the supervision of an athletic trainer.

B. The graduate shall submit an application for a provisional license to the board for review and approval by the Chair of the Advisory Board on Athletic Training or the chair's designee.

C. The provisional license shall expire six months from issuance or upon receipt of notification of a failing score on the NATABOC BOC certification examination or upon licensure as an athletic trainer by the board, whichever comes first.

18VAC85-120-90. Renewal of license.

A. Every athletic trainer intending to continue licensure shall biennially in each odd-numbered year in his the licensee's birth month:

1. Register with the board for renewal of licensure;

2. Pay the prescribed renewal fee at the time he files of filing for renewal; and

3. Attest to current NATABOC BOC certification.

B. An athletic trainer whose license has not been renewed by the first day of the month following the month in which renewal is required shall pay a late fee as prescribed in 18VAC85-120-150.

18VAC85-120-95. Inactive licensure.

A. An athletic trainer who holds a current, unrestricted license in Virginia shall, upon a request on the renewal application and submission of the required fee, be issued an inactive license.

1. The holder of an inactive license shall not be required to maintain NATABOC BOC certification.

2. An inactive licensee shall not be entitled to practice as an athletic trainer in Virginia.

B. An inactive licensee may reactivate his a license upon submission of:

1. The required application;

2. Payment of the difference between the current renewal fee for inactive licensure and the renewal fee for active licensure for the biennium in which the license is being reactivated; and

3. Documentation of having maintained certification or having been recertified by the NATABOC BOC.

C. The board reserves the right to deny a request for reactivation to any licensee who has been determined to have committed an act in violation of § 54.1-2915 of the Code of Virginia or any provisions of this chapter.

18VAC85-120-100. Reinstatement.

A. In order to reinstate a license that has been lapsed for more than two years, an athletic trainer shall file an application for reinstatement, pay the fee for reinstatement of his a license as prescribed in 18VAC85-120-150, and submit to the board evidence of current certification by NATABOC BOC.

B. An athletic trainer whose license has been revoked by the board and who wishes to be reinstated shall file a new application to the board and pay the fee for reinstatement of his a license as prescribed in 18VAC85-120-150 pursuant to § 54.1-2408.2 of the Code of Virginia.

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF PHARMACY

Forms

Titles of Regulations: 18VAC110-20. Regulations Governing the Practice of Pharmacy.

18VAC110-21. Regulations Governing the Licensure of Pharmacists and Registration of Pharmacy Technicians.

18VAC110-30. Regulations for Practitioners of the Healing Arts to Sell Controlled Substances.

18VAC110-50. Regulations Governing Wholesale Distributors, Manufacturers, Third-Party Logistics Providers, and Warehousers.

Agency Contact: Erin Barrett, Director of Legislative and Regulatory Affairs, Department of Health Professions, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 750-3912, or email erin.barrett@dhp.virginia.gov.

FORMS (18VAC110-20)

Application for a Pharmacy Permit (rev. 1/2026)

Application for a Pharmacy Permit (rev. 9/2026)

Change of PIC Application (eff. 1/2026)

Application for a Nonresident Pharmacy Registration (rev. 1/2024)

Application for a Nonresident Outsourcing Facility Registration (rev. 10/2020)

Application for an Outsourcing Facility Permit (rev. 10/2020)

Application for a Medical Equipment Supplier Permit (rev. 10/2020)

Application for Registration as a Nonresident Medical Equipment Supplier (rev. 10/2020)

Application for a Controlled Substances Registration Certificate (rev. 8/2024)

Application for a Nonresident Pharmacy Registration (rev. 9/2026)

Application for an Outsourcing Facility Permit (rev. 9/2026)

Application for a Nonresident Outsourcing Facility Registration (rev. 9/2026)

Application for a Medical Equipment Supplier Permit (rev. 9/2026)

Application for a Nonresident Medical Equipment Supplier Registration (rev. 9/2026)

Application for a Controlled Substances Registration (rev. 9/2026)

Closing of a Pharmacy (rev. 9/2025)

Application for Approval of an Innovative (Pilot) Program (rev. 8/2023)

Application for Approval of an Innovative (Pilot) Program (rev. 9/2026)

Registration for a Pharmacy to be a Collection Site for Donated Drugs (rev. 5/2018)

Application for Approval of a Repackaging Training Program (rev. 10/2020)

Registration for a Facility to be an Authorized Collector for Drug Disposal (rev. 5/2018)

Application for Reinspection of a Facility (rev. 3/2023)

Application for Reinspection of a Facility (rev. 9/2026)

Notification of Distribution Cessation due to Suspicious Orders (rev. 5/2018)

Staffing Requests or Concerns Form (eff. 9/2023)

FORMS (18VAC110-21)

Application for Licensure as a Pharmacist by Examination (rev. 3/2023)

Application for Licensure as a Pharmacist by Endorsement (rev. 3/2023)

Instructions for Reinstating or Reactivating a Pharmacist License (rev. 3/2023)

Instructions for Reinstating a Pharmacy Technician Registration (rev. 4/2023)

Application for Registration as a Pharmacy Technician (rev. 7/2025)

Application for Registration as a Limited-Use Pharmacy Technician (rev. 7/2025)

Application for Licensure as a Pharmacist by Examination (rev. 9/2026)

Application for Licensure as a Pharmacist by Endorsement (rev. 9/2026)

Application for Reactivating or Reinstating a Pharmacist License (rev. 9/2026)

Application for Registration as a Pharmacy Technician (rev. 9/2026)

Application for Registration as a Limited-Use Pharmacy Technician (rev. 9/2026)

Affidavit for Limited-Use Pharmacy Technician (rev. 5/2018)

Application for Registration as a Pharmacy Technician Trainee (rev. 7/2025)

Application for Registration as a Pharmacy Intern (rev. 3/2023)

Application for Registration as a Pharmacy Intern for Graduates of a Foreign College of Pharmacy (rev. 3/2023)

Application for Reinstatement of a Pharmacy Technician Registration (rev. 9/2026)

Application for Registration as a Pharmacy Technician Trainee (rev. 9/2026)

Application for Registration as a Pharmacy Intern (rev. 9/2026)

Application for Registration as a Pharmacy Intern for Graduates of a Foreign College of Pharmacy (rev. 9/2026)

Affidavit of Practical Experience as a Pharmacy Intern (rev. 3/2019)

Name Change Form for Individuals (rev. 3/2018)

Application for Approval of a Continuing Education Program (rev. 10/2020)

Application for Approval of a Repackaging Training Program (rev. 10/2020)

Continuing Education (CE) Credit Form for Preceptors (rev. 7/2020)

Application for Approval of ACPE Accredited Pharmacy School Courses for Continuing Education Credit (rev. 6/2020)

Sponsor Certification for Volunteer Registration (rev. 4/2018)

Application for Volunteer Practice by a Pharmacist (rev. 4/2018)

Continuing Education (CE) Credit Form for Volunteer Practice (rev. 4/2018)

FORMS (18VAC110-30)

Application for a License to Sell Controlled Substances by a Practitioner of the Healing Arts (rev. 3/2023)

Application for Facility Permit for Practitioners of the Healing Arts (rev. 10/2020)

Application for Limited-Use Facility Dispensing Permit for Nonprofit (rev. 8/2023)

Application for Limited-Use Practitioner Dispensing License for Nonprofit (rev. 8/2023)

Application for a License to Dispense Drugs (rev. 9/2026)

Application for a License to Sell Controlled Substances by a Practitioner of the Healing Arts (rev. 9/2026)

Reinstatement Application for a License to Sell Controlled Substances by a Practitioner of the Healing Arts (rev. 9/2026)

Application for a Facility Permit for Practitioners of the Healing Arts to Sell Controlled Substances (rev. 9/2026)

Application for a Limited-Use Practitioner Dispensing for a Nonprofit (rev. 9/2026)

Application for a Limited-Use Facility Dispensing Permit for a Nonprofit (rev. 9/2026)

FORMS (18VAC110-50)

Application for Permit as a Wholesale Distributor (rev. 9/2024)

Application for a Permit as a Restricted Manufacturer (rev. 10/2020)

Application for a Permit as a Non-Restricted Manufacturer (rev. 10/2020)

Application for Registration as a Nonresident Manufacturer (rev. 10/2020)

Application for a Permit as a Warehouser (rev. 10/2020)

Application for Registration as a Nonresident Warehouser (rev. 10/2020)

Application for Nonresident Wholesale Distributor Registration (rev. 8/2024)

Application for Third-Party Logistics Provider Permit (rev. 9/2024)

Application for a Nonresident Third-Party Logistics Provider Registration (rev. 8/2024)

Application for a Permit as a Wholesale Distributor (rev. 9/2026)

Application for a Permit as a Nonresident Wholesale Distributor (rev. 9/2026)

Application for a Permit as a Restricted Manufacturer (rev. 9/2026)

Application for a Permit as a Non-Restricted Manufacturer (rev. 9/2026)

Application for a Registration as a Nonresident Manufacturer (rev. 9/2026)

Application for a Permit as a Warehouser (rev. 9/2026)

Application for a Registration as a Nonresident Warehouser (rev. 9/2026)

Application for a Permit as a Third-Party Logistics Provider (rev. 9/2026)

Application for a Registration as a Nonresident Third-Party Logistics Provider (rev. 9/2026)

Application for a Reinspection of Facility (rev. 10/2020)

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF PHARMACY

Forms

Titles of Regulations: 18VAC110-20. Regulations Governing the Practice of Pharmacy.

18VAC110-21. Regulations Governing the Licensure of Pharmacists and Registration of Pharmacy Technicians.

18VAC110-30. Regulations for Practitioners of the Healing Arts to Sell Controlled Substances.

18VAC110-50. Regulations Governing Wholesale Distributors, Manufacturers, Third-Party Logistics Providers, and Warehousers.

Agency Contact: Erin Barrett, Director of Legislative and Regulatory Affairs, Department of Health Professions, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 750-3912, or email erin.barrett@dhp.virginia.gov.

FORMS (18VAC110-20)

Application for a Pharmacy Permit (rev. 1/2026)

Application for a Pharmacy Permit (rev. 9/2026)

Change of PIC Application (eff. 1/2026)

Application for a Nonresident Pharmacy Registration (rev. 1/2024)

Application for a Nonresident Outsourcing Facility Registration (rev. 10/2020)

Application for an Outsourcing Facility Permit (rev. 10/2020)

Application for a Medical Equipment Supplier Permit (rev. 10/2020)

Application for Registration as a Nonresident Medical Equipment Supplier (rev. 10/2020)

Application for a Controlled Substances Registration Certificate (rev. 8/2024)

Application for a Nonresident Pharmacy Registration (rev. 9/2026)

Application for an Outsourcing Facility Permit (rev. 9/2026)

Application for a Nonresident Outsourcing Facility Registration (rev. 9/2026)

Application for a Medical Equipment Supplier Permit (rev. 9/2026)

Application for a Nonresident Medical Equipment Supplier Registration (rev. 9/2026)

Application for a Controlled Substances Registration (rev. 9/2026)

Closing of a Pharmacy (rev. 9/2025)

Application for Approval of an Innovative (Pilot) Program (rev. 8/2023)

Application for Approval of an Innovative (Pilot) Program (rev. 9/2026)

Registration for a Pharmacy to be a Collection Site for Donated Drugs (rev. 5/2018)

Application for Approval of a Repackaging Training Program (rev. 10/2020)

Registration for a Facility to be an Authorized Collector for Drug Disposal (rev. 5/2018)

Application for Reinspection of a Facility (rev. 3/2023)

Application for Reinspection of a Facility (rev. 9/2026)

Notification of Distribution Cessation due to Suspicious Orders (rev. 5/2018)

Staffing Requests or Concerns Form (eff. 9/2023)

FORMS (18VAC110-21)

Application for Licensure as a Pharmacist by Examination (rev. 3/2023)

Application for Licensure as a Pharmacist by Endorsement (rev. 3/2023)

Instructions for Reinstating or Reactivating a Pharmacist License (rev. 3/2023)

Instructions for Reinstating a Pharmacy Technician Registration (rev. 4/2023)

Application for Registration as a Pharmacy Technician (rev. 7/2025)

Application for Registration as a Limited-Use Pharmacy Technician (rev. 7/2025)

Application for Licensure as a Pharmacist by Examination (rev. 9/2026)

Application for Licensure as a Pharmacist by Endorsement (rev. 9/2026)

Application for Reactivating or Reinstating a Pharmacist License (rev. 9/2026)

Application for Registration as a Pharmacy Technician (rev. 9/2026)

Application for Registration as a Limited-Use Pharmacy Technician (rev. 9/2026)

Affidavit for Limited-Use Pharmacy Technician (rev. 5/2018)

Application for Registration as a Pharmacy Technician Trainee (rev. 7/2025)

Application for Registration as a Pharmacy Intern (rev. 3/2023)

Application for Registration as a Pharmacy Intern for Graduates of a Foreign College of Pharmacy (rev. 3/2023)

Application for Reinstatement of a Pharmacy Technician Registration (rev. 9/2026)

Application for Registration as a Pharmacy Technician Trainee (rev. 9/2026)

Application for Registration as a Pharmacy Intern (rev. 9/2026)

Application for Registration as a Pharmacy Intern for Graduates of a Foreign College of Pharmacy (rev. 9/2026)

Affidavit of Practical Experience as a Pharmacy Intern (rev. 3/2019)

Name Change Form for Individuals (rev. 3/2018)

Application for Approval of a Continuing Education Program (rev. 10/2020)

Application for Approval of a Repackaging Training Program (rev. 10/2020)

Continuing Education (CE) Credit Form for Preceptors (rev. 7/2020)

Application for Approval of ACPE Accredited Pharmacy School Courses for Continuing Education Credit (rev. 6/2020)

Sponsor Certification for Volunteer Registration (rev. 4/2018)

Application for Volunteer Practice by a Pharmacist (rev. 4/2018)

Continuing Education (CE) Credit Form for Volunteer Practice (rev. 4/2018)

FORMS (18VAC110-30)

Application for a License to Sell Controlled Substances by a Practitioner of the Healing Arts (rev. 3/2023)

Application for Facility Permit for Practitioners of the Healing Arts (rev. 10/2020)

Application for Limited-Use Facility Dispensing Permit for Nonprofit (rev. 8/2023)

Application for Limited-Use Practitioner Dispensing License for Nonprofit (rev. 8/2023)

Application for a License to Dispense Drugs (rev. 9/2026)

Application for a License to Sell Controlled Substances by a Practitioner of the Healing Arts (rev. 9/2026)

Reinstatement Application for a License to Sell Controlled Substances by a Practitioner of the Healing Arts (rev. 9/2026)

Application for a Facility Permit for Practitioners of the Healing Arts to Sell Controlled Substances (rev. 9/2026)

Application for a Limited-Use Practitioner Dispensing for a Nonprofit (rev. 9/2026)

Application for a Limited-Use Facility Dispensing Permit for a Nonprofit (rev. 9/2026)

FORMS (18VAC110-50)

Application for Permit as a Wholesale Distributor (rev. 9/2024)

Application for a Permit as a Restricted Manufacturer (rev. 10/2020)

Application for a Permit as a Non-Restricted Manufacturer (rev. 10/2020)

Application for Registration as a Nonresident Manufacturer (rev. 10/2020)

Application for a Permit as a Warehouser (rev. 10/2020)

Application for Registration as a Nonresident Warehouser (rev. 10/2020)

Application for Nonresident Wholesale Distributor Registration (rev. 8/2024)

Application for Third-Party Logistics Provider Permit (rev. 9/2024)

Application for a Nonresident Third-Party Logistics Provider Registration (rev. 8/2024)

Application for a Permit as a Wholesale Distributor (rev. 9/2026)

Application for a Permit as a Nonresident Wholesale Distributor (rev. 9/2026)

Application for a Permit as a Restricted Manufacturer (rev. 9/2026)

Application for a Permit as a Non-Restricted Manufacturer (rev. 9/2026)

Application for a Registration as a Nonresident Manufacturer (rev. 9/2026)

Application for a Permit as a Warehouser (rev. 9/2026)

Application for a Registration as a Nonresident Warehouser (rev. 9/2026)

Application for a Permit as a Third-Party Logistics Provider (rev. 9/2026)

Application for a Registration as a Nonresident Third-Party Logistics Provider (rev. 9/2026)

Application for a Reinspection of Facility (rev. 10/2020)

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF PHARMACY

Forms

Titles of Regulations: 18VAC110-20. Regulations Governing the Practice of Pharmacy.

18VAC110-21. Regulations Governing the Licensure of Pharmacists and Registration of Pharmacy Technicians.

18VAC110-30. Regulations for Practitioners of the Healing Arts to Sell Controlled Substances.

18VAC110-50. Regulations Governing Wholesale Distributors, Manufacturers, Third-Party Logistics Providers, and Warehousers.

Agency Contact: Erin Barrett, Director of Legislative and Regulatory Affairs, Department of Health Professions, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 750-3912, or email erin.barrett@dhp.virginia.gov.

FORMS (18VAC110-20)

Application for a Pharmacy Permit (rev. 1/2026)

Application for a Pharmacy Permit (rev. 9/2026)

Change of PIC Application (eff. 1/2026)

Application for a Nonresident Pharmacy Registration (rev. 1/2024)

Application for a Nonresident Outsourcing Facility Registration (rev. 10/2020)

Application for an Outsourcing Facility Permit (rev. 10/2020)

Application for a Medical Equipment Supplier Permit (rev. 10/2020)

Application for Registration as a Nonresident Medical Equipment Supplier (rev. 10/2020)

Application for a Controlled Substances Registration Certificate (rev. 8/2024)

Application for a Nonresident Pharmacy Registration (rev. 9/2026)

Application for an Outsourcing Facility Permit (rev. 9/2026)

Application for a Nonresident Outsourcing Facility Registration (rev. 9/2026)

Application for a Medical Equipment Supplier Permit (rev. 9/2026)

Application for a Nonresident Medical Equipment Supplier Registration (rev. 9/2026)

Application for a Controlled Substances Registration (rev. 9/2026)

Closing of a Pharmacy (rev. 9/2025)

Application for Approval of an Innovative (Pilot) Program (rev. 8/2023)

Application for Approval of an Innovative (Pilot) Program (rev. 9/2026)

Registration for a Pharmacy to be a Collection Site for Donated Drugs (rev. 5/2018)

Application for Approval of a Repackaging Training Program (rev. 10/2020)

Registration for a Facility to be an Authorized Collector for Drug Disposal (rev. 5/2018)

Application for Reinspection of a Facility (rev. 3/2023)

Application for Reinspection of a Facility (rev. 9/2026)

Notification of Distribution Cessation due to Suspicious Orders (rev. 5/2018)

Staffing Requests or Concerns Form (eff. 9/2023)

FORMS (18VAC110-21)

Application for Licensure as a Pharmacist by Examination (rev. 3/2023)

Application for Licensure as a Pharmacist by Endorsement (rev. 3/2023)

Instructions for Reinstating or Reactivating a Pharmacist License (rev. 3/2023)

Instructions for Reinstating a Pharmacy Technician Registration (rev. 4/2023)

Application for Registration as a Pharmacy Technician (rev. 7/2025)

Application for Registration as a Limited-Use Pharmacy Technician (rev. 7/2025)

Application for Licensure as a Pharmacist by Examination (rev. 9/2026)

Application for Licensure as a Pharmacist by Endorsement (rev. 9/2026)

Application for Reactivating or Reinstating a Pharmacist License (rev. 9/2026)

Application for Registration as a Pharmacy Technician (rev. 9/2026)

Application for Registration as a Limited-Use Pharmacy Technician (rev. 9/2026)

Affidavit for Limited-Use Pharmacy Technician (rev. 5/2018)

Application for Registration as a Pharmacy Technician Trainee (rev. 7/2025)

Application for Registration as a Pharmacy Intern (rev. 3/2023)

Application for Registration as a Pharmacy Intern for Graduates of a Foreign College of Pharmacy (rev. 3/2023)

Application for Reinstatement of a Pharmacy Technician Registration (rev. 9/2026)

Application for Registration as a Pharmacy Technician Trainee (rev. 9/2026)

Application for Registration as a Pharmacy Intern (rev. 9/2026)

Application for Registration as a Pharmacy Intern for Graduates of a Foreign College of Pharmacy (rev. 9/2026)

Affidavit of Practical Experience as a Pharmacy Intern (rev. 3/2019)

Name Change Form for Individuals (rev. 3/2018)

Application for Approval of a Continuing Education Program (rev. 10/2020)

Application for Approval of a Repackaging Training Program (rev. 10/2020)

Continuing Education (CE) Credit Form for Preceptors (rev. 7/2020)

Application for Approval of ACPE Accredited Pharmacy School Courses for Continuing Education Credit (rev. 6/2020)

Sponsor Certification for Volunteer Registration (rev. 4/2018)

Application for Volunteer Practice by a Pharmacist (rev. 4/2018)

Continuing Education (CE) Credit Form for Volunteer Practice (rev. 4/2018)

FORMS (18VAC110-30)

Application for a License to Sell Controlled Substances by a Practitioner of the Healing Arts (rev. 3/2023)

Application for Facility Permit for Practitioners of the Healing Arts (rev. 10/2020)

Application for Limited-Use Facility Dispensing Permit for Nonprofit (rev. 8/2023)

Application for Limited-Use Practitioner Dispensing License for Nonprofit (rev. 8/2023)

Application for a License to Dispense Drugs (rev. 9/2026)

Application for a License to Sell Controlled Substances by a Practitioner of the Healing Arts (rev. 9/2026)

Reinstatement Application for a License to Sell Controlled Substances by a Practitioner of the Healing Arts (rev. 9/2026)

Application for a Facility Permit for Practitioners of the Healing Arts to Sell Controlled Substances (rev. 9/2026)

Application for a Limited-Use Practitioner Dispensing for a Nonprofit (rev. 9/2026)

Application for a Limited-Use Facility Dispensing Permit for a Nonprofit (rev. 9/2026)

FORMS (18VAC110-50)

Application for Permit as a Wholesale Distributor (rev. 9/2024)

Application for a Permit as a Restricted Manufacturer (rev. 10/2020)

Application for a Permit as a Non-Restricted Manufacturer (rev. 10/2020)

Application for Registration as a Nonresident Manufacturer (rev. 10/2020)

Application for a Permit as a Warehouser (rev. 10/2020)

Application for Registration as a Nonresident Warehouser (rev. 10/2020)

Application for Nonresident Wholesale Distributor Registration (rev. 8/2024)

Application for Third-Party Logistics Provider Permit (rev. 9/2024)

Application for a Nonresident Third-Party Logistics Provider Registration (rev. 8/2024)

Application for a Permit as a Wholesale Distributor (rev. 9/2026)

Application for a Permit as a Nonresident Wholesale Distributor (rev. 9/2026)

Application for a Permit as a Restricted Manufacturer (rev. 9/2026)

Application for a Permit as a Non-Restricted Manufacturer (rev. 9/2026)

Application for a Registration as a Nonresident Manufacturer (rev. 9/2026)

Application for a Permit as a Warehouser (rev. 9/2026)

Application for a Registration as a Nonresident Warehouser (rev. 9/2026)

Application for a Permit as a Third-Party Logistics Provider (rev. 9/2026)

Application for a Registration as a Nonresident Third-Party Logistics Provider (rev. 9/2026)

Application for a Reinspection of Facility (rev. 10/2020)

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF PHARMACY

Forms

Titles of Regulations: 18VAC110-20. Regulations Governing the Practice of Pharmacy.

18VAC110-21. Regulations Governing the Licensure of Pharmacists and Registration of Pharmacy Technicians.

18VAC110-30. Regulations for Practitioners of the Healing Arts to Sell Controlled Substances.

18VAC110-50. Regulations Governing Wholesale Distributors, Manufacturers, Third-Party Logistics Providers, and Warehousers.

Agency Contact: Erin Barrett, Director of Legislative and Regulatory Affairs, Department of Health Professions, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 750-3912, or email erin.barrett@dhp.virginia.gov.

FORMS (18VAC110-20)

Application for a Pharmacy Permit (rev. 1/2026)

Application for a Pharmacy Permit (rev. 9/2026)

Change of PIC Application (eff. 1/2026)

Application for a Nonresident Pharmacy Registration (rev. 1/2024)

Application for a Nonresident Outsourcing Facility Registration (rev. 10/2020)

Application for an Outsourcing Facility Permit (rev. 10/2020)

Application for a Medical Equipment Supplier Permit (rev. 10/2020)

Application for Registration as a Nonresident Medical Equipment Supplier (rev. 10/2020)

Application for a Controlled Substances Registration Certificate (rev. 8/2024)

Application for a Nonresident Pharmacy Registration (rev. 9/2026)

Application for an Outsourcing Facility Permit (rev. 9/2026)

Application for a Nonresident Outsourcing Facility Registration (rev. 9/2026)

Application for a Medical Equipment Supplier Permit (rev. 9/2026)

Application for a Nonresident Medical Equipment Supplier Registration (rev. 9/2026)

Application for a Controlled Substances Registration (rev. 9/2026)

Closing of a Pharmacy (rev. 9/2025)

Application for Approval of an Innovative (Pilot) Program (rev. 8/2023)

Application for Approval of an Innovative (Pilot) Program (rev. 9/2026)

Registration for a Pharmacy to be a Collection Site for Donated Drugs (rev. 5/2018)

Application for Approval of a Repackaging Training Program (rev. 10/2020)

Registration for a Facility to be an Authorized Collector for Drug Disposal (rev. 5/2018)

Application for Reinspection of a Facility (rev. 3/2023)

Application for Reinspection of a Facility (rev. 9/2026)

Notification of Distribution Cessation due to Suspicious Orders (rev. 5/2018)

Staffing Requests or Concerns Form (eff. 9/2023)

FORMS (18VAC110-21)

Application for Licensure as a Pharmacist by Examination (rev. 3/2023)

Application for Licensure as a Pharmacist by Endorsement (rev. 3/2023)

Instructions for Reinstating or Reactivating a Pharmacist License (rev. 3/2023)

Instructions for Reinstating a Pharmacy Technician Registration (rev. 4/2023)

Application for Registration as a Pharmacy Technician (rev. 7/2025)

Application for Registration as a Limited-Use Pharmacy Technician (rev. 7/2025)

Application for Licensure as a Pharmacist by Examination (rev. 9/2026)

Application for Licensure as a Pharmacist by Endorsement (rev. 9/2026)

Application for Reactivating or Reinstating a Pharmacist License (rev. 9/2026)

Application for Registration as a Pharmacy Technician (rev. 9/2026)

Application for Registration as a Limited-Use Pharmacy Technician (rev. 9/2026)

Affidavit for Limited-Use Pharmacy Technician (rev. 5/2018)

Application for Registration as a Pharmacy Technician Trainee (rev. 7/2025)

Application for Registration as a Pharmacy Intern (rev. 3/2023)

Application for Registration as a Pharmacy Intern for Graduates of a Foreign College of Pharmacy (rev. 3/2023)

Application for Reinstatement of a Pharmacy Technician Registration (rev. 9/2026)

Application for Registration as a Pharmacy Technician Trainee (rev. 9/2026)

Application for Registration as a Pharmacy Intern (rev. 9/2026)

Application for Registration as a Pharmacy Intern for Graduates of a Foreign College of Pharmacy (rev. 9/2026)

Affidavit of Practical Experience as a Pharmacy Intern (rev. 3/2019)

Name Change Form for Individuals (rev. 3/2018)

Application for Approval of a Continuing Education Program (rev. 10/2020)

Application for Approval of a Repackaging Training Program (rev. 10/2020)

Continuing Education (CE) Credit Form for Preceptors (rev. 7/2020)

Application for Approval of ACPE Accredited Pharmacy School Courses for Continuing Education Credit (rev. 6/2020)

Sponsor Certification for Volunteer Registration (rev. 4/2018)

Application for Volunteer Practice by a Pharmacist (rev. 4/2018)

Continuing Education (CE) Credit Form for Volunteer Practice (rev. 4/2018)

FORMS (18VAC110-30)

Application for a License to Sell Controlled Substances by a Practitioner of the Healing Arts (rev. 3/2023)

Application for Facility Permit for Practitioners of the Healing Arts (rev. 10/2020)

Application for Limited-Use Facility Dispensing Permit for Nonprofit (rev. 8/2023)

Application for Limited-Use Practitioner Dispensing License for Nonprofit (rev. 8/2023)

Application for a License to Dispense Drugs (rev. 9/2026)

Application for a License to Sell Controlled Substances by a Practitioner of the Healing Arts (rev. 9/2026)

Reinstatement Application for a License to Sell Controlled Substances by a Practitioner of the Healing Arts (rev. 9/2026)

Application for a Facility Permit for Practitioners of the Healing Arts to Sell Controlled Substances (rev. 9/2026)

Application for a Limited-Use Practitioner Dispensing for a Nonprofit (rev. 9/2026)

Application for a Limited-Use Facility Dispensing Permit for a Nonprofit (rev. 9/2026)

FORMS (18VAC110-50)

Application for Permit as a Wholesale Distributor (rev. 9/2024)

Application for a Permit as a Restricted Manufacturer (rev. 10/2020)

Application for a Permit as a Non-Restricted Manufacturer (rev. 10/2020)

Application for Registration as a Nonresident Manufacturer (rev. 10/2020)

Application for a Permit as a Warehouser (rev. 10/2020)

Application for Registration as a Nonresident Warehouser (rev. 10/2020)

Application for Nonresident Wholesale Distributor Registration (rev. 8/2024)

Application for Third-Party Logistics Provider Permit (rev. 9/2024)

Application for a Nonresident Third-Party Logistics Provider Registration (rev. 8/2024)

Application for a Permit as a Wholesale Distributor (rev. 9/2026)

Application for a Permit as a Nonresident Wholesale Distributor (rev. 9/2026)

Application for a Permit as a Restricted Manufacturer (rev. 9/2026)

Application for a Permit as a Non-Restricted Manufacturer (rev. 9/2026)

Application for a Registration as a Nonresident Manufacturer (rev. 9/2026)

Application for a Permit as a Warehouser (rev. 9/2026)

Application for a Registration as a Nonresident Warehouser (rev. 9/2026)

Application for a Permit as a Third-Party Logistics Provider (rev. 9/2026)

Application for a Registration as a Nonresident Third-Party Logistics Provider (rev. 9/2026)

Application for a Reinspection of Facility (rev. 10/2020)

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF PSYCHOLOGY

Fast-Track Regulation

Title of Regulation: 18VAC125-20. Regulations Governing the Practice of Psychology (amending 18VAC125-20-55).

Statutory Authority: § 54.1-2400 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: December 2, 2026.

Effective Date: December 17, 2026.

Agency Contact: Maria S. Stransky, Executive Director, Board of Psychology, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4697, or email maria.stransky@dhp.virginia.gov.

Basis: Section 54.1-2400 of the Code of Virginia authorizes the Board of Psychology to promulgate regulations that are reasonable and necessary to effectively administer the regulatory system.

Purpose: This action is essential to protect the health, safety, and welfare of citizens because more individuals will be able to earn licensure as an applied psychologist, strengthening the workforce in Virginia.

Rationale for Using Fast-Track Rulemaking Process: This action is expected to be noncontroversial and is therefore appropriate for the fast-track rulemaking process because it expands the pathway to licensure for those who would not normally meet the qualifications and reduces barriers to licensure as an applied psychologist.

Substance: The action adds a new subsection to 18VAC125-20-55 to allow coursework taken outside of a doctoral program to be accepted by the board to meet educational requirements of the section and to stipulate that any coursework completed outside of the doctoral program must be completed at the graduate level.

Issues: The primary advantage to the public is an increased applied psychology workforce as more individuals can meet licensure requirements. There are no disadvantages to the public. There are no advantages or disadvantages to the agency or the Commonwealth.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. The Board of Psychology (board) proposes to allow applicants seeking licensure as an applied psychologist to use graduate level coursework that was completed outside of an applied psychology doctoral degree program to satisfy the educational requirements for the license.

Background. Education requirements for applied psychologists (18VAC25-20-55) requires applicants for licensure as applied psychologists to hold a doctorate from a professional psychology program. This section contains doctoral program requirements, including core curriculum content areas. In addition, this section specifically requires a minimum of 18 semester hours in a "concentrated program of study in an identified area of psychology, for example, developmental, social, cognitive, motivation, applied behavioral analysis, industrial/organizational, human factors, personnel selection and evaluation, program planning and evaluation, teaching, research or consultation." The board reports that Virginia is one of the only states to license applied psychologists separately from clinical psychologists, which also requires a doctorate, and that doctoral programs in professional psychology often do not include the necessary coursework listed.² As a result, the board has had to defer or deny applications without the appropriate coursework; those applicants do not currently have a path to licensure as an applied psychologist because the regulation does not allow for coursework completed outside of a doctoral program. Thus, the board seeks to insert language allowing coursework completed outside the doctoral degree program to be used to satisfy the requirements of this section. The proposed text would specify that such coursework must be completed at the graduate level.

Estimated Benefits and Costs. The proposed amendments would benefit those individuals seeking licensure in Virginia as applied psychologists whose prior education does not meet the current requirements of this regulation. These individuals could submit coursework they may have already completed as part of a separate master's program or enroll in graduate level courses to meet the requirements. The proposed amendments would also benefit entities seeking to employ applied psychologists to the extent that increasing the flexibility for applicants to meet the coursework requirements for licensure results in a larger labor pool of licensed professionals.

Businesses and Other Entities Affected. The Department of Health Professions (DHP) reports that currently only 26 applied psychologists hold a license from the board,³ of which 15 are in Virginia and 11 are out-of-state. DHP reports that applied psychologists tend to be employed in areas like business, health, education, and forensics. They may do pre-employment testing (for example, for police departments) or work on improving workplace issues. As mentioned previously, the proposed amendments would benefit individuals seeking licensure as applied psychologists by increasing the flexibility of the educational requirements. The proposed amendments would also benefit businesses or other entities that seek to hire licensed applied psychologists. Incumbents in the profession may face competitive pressures from new entrants into the profession; their ability to negotiate higher salaries or raises may be diminished as a result. In addition, DHP reports that there is some overlap in the training and scope of practice between applied psychologists and clinical psychologists (of which 5,180 are licensed by the board). Thus, some clinical psychologists who are currently employed in roles that may be better suited to applied psychologists may eventually be displaced or have fewer opportunities for employment in those settings. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁴ An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.⁵ Although prospective applied psychologists and the entities that employ them would likely benefit from the proposed amendments, the potential increased supply of applied psychologists may restrict the wage growth of incumbents. Thus, an adverse impact is indicated.

Small Businesses⁶ Affected.⁷ The proposed changes would benefit small businesses that are currently affected by the shortage of applied psychologists to the extent that they lead to an increase in the labor pool available to small businesses.

Localities⁸ Affected.⁹ No locality would be disproportionately affected. Local governments would not be affected.

Projected Impact on Employment. The proposed amendments would increase the number of licensed applied psychologists in the labor market; given the reported shortage, the proposed amendments would also increase the number of individuals employed as applied psychologists.

Effects on the Use and Value of Private Property. Private businesses that employ applied psychologists may face lower hiring costs and may also be able to expand their practices as more applied psychologists become licensed; as a result, the value of such private businesses would increase. Real estate development costs would not be affected.

_____________________________

¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² The two separate licenses are required by statute; see § 54.1-3600 of the Code of Virginia https://law.lis.virginia.gov/vacode/title54.1/chapter36/section54.1-3600/.

³ See https://www.dhp.virginia.gov/about/stats/2026Q2/04CurrentLicenseCountQ2FY2026.pdf.

⁴ Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁵ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁶ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁷ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁸ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁹ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The Board of Psychology concurs with the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

The amendments allow the Board of Psychology to accept graduate-level coursework completed outside of an applied psychology degree program to qualify toward the educational requirements for licensure as an applied psychologist.

18VAC125-20-55. Education requirements for applied psychologists.

A. The applicant shall hold a doctorate from a professional psychology program from a regionally accredited university that meets the following criteria:

1. The program is within an institution of higher education accredited by an accrediting agency recognized by the U.S. Department of Education or publicly recognized by the Association of Universities and Colleges of Canada as a member in good standing. Graduates of programs that are not within the United States or Canada must provide documentation from a credential evaluation service acceptable to the board that demonstrates that the program meets the requirements set forth in this chapter.

2. The program shall be recognizable as an organized entity within the institution.

3. The program shall be an integrated, organized sequence of study with an identifiable psychology faculty and a psychologist directly responsible for the program and shall have an identifiable body of students who are matriculated in that program for a degree. The faculty shall be accessible to students and provide them with guidance and supervision. The faculty shall provide appropriate professional role models and engage in actions that promote the student's acquisition of knowledge, skills, and competencies consistent with the program's training goals.

4. The program shall encompass a minimum of three academic years of full-time graduate study or the equivalent thereof.

5. The program shall include a general core curriculum containing a minimum of three or more graduate semester hours or five or more graduate quarter hours in each of the following substantive content areas:

a. Biological bases of behavior (e.g., physiological psychology, comparative psychology, neuropsychology, sensation and perception, health psychology, pharmacology, neuroanatomy).

b. Cognitive-affective bases of behavior (e.g., learning theory, cognition, motivation, emotion).

c. Social bases of behavior (e.g., social psychology, group processes, organizational and systems theory, community and preventive psychology, multicultural issues).

d. Psychological measurement.

e. Research methodology.

f. Techniques of data analysis.

g. Professional standards and ethics.

B. The board may accept coursework completed outside the doctoral degree program to satisfy the requirements of subsections A and C of this section. Coursework completed outside the doctoral degree program must be completed at the graduate level.

C. Demonstration of competence in applied psychology shall be met by including a minimum of at least 18 semester hours or 30 quarter hours in a concentrated program of study in an identified area of psychology, for example, developmental, social, cognitive, motivation, applied behavioral analysis, industrial/organizational, human factors, personnel selection and evaluation, program planning and evaluation, teaching, research, or consultation.

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF SOCIAL WORK

Final Regulation

Title of Regulation: 18VAC140-20. Regulations Governing the Practice of Social Work (amending 18VAC140-20-10, 18VAC140-20-30, 18VAC140-20-40 through 18VAC140-20-51, 18VAC140-20-70, 18VAC140-20-100, 18VAC140-20-105, 18VAC140-20-110 through 18VAC140-20-170).

Statutory Authority: § 54.1-2400 of the Code of Virginia.

Effective Date: December 2, 2026.

Agency Contact: Maria Stransky, Executive Director, Board of Social Work, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4441, or email maria.stransky@dhp.virginia.gov.

Summary:

The amendments (i) update standards of conduct, (ii) reduce continuing education requirements for one class of licensees, (iii) add organizations that may approve continuing education programs, (iv) improve clarity, and (v) eliminate redundant language.

Summary of Public Comments and Agency's Response: No public comments were received by the promulgating agency.

18VAC140-20-10. Definitions.

A. The following words and terms when used in this chapter shall have the meanings ascribed to them in § 54.1-3700 of the Code of Virginia:

Baccalaureate social worker

Board

Casework

Casework management and supportive services

Clinical social worker

Master's social worker

Practice of social work

Social worker

B. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Accredited school of social work" means a school of social work accredited by the Council on Social Work Education.

"Active practice" means post-licensure practice at the level of licensure for which an applicant is seeking licensure in Virginia and shall include at least 360 hours of practice in a 12-month period.

"Ancillary services" means activities such as case management, recordkeeping, referral, and coordination of services, intervention into situations on a client's behalf with the objectives of meeting the client's needs, and participation in required staff meetings.

"Clinical course of study" means graduate course work that includes specialized advanced courses in human behavior and the social environment, social justice and policy, psychopathology, and diversity issues; research; clinical practice with individuals, families, and groups; and a clinical practicum that focuses on diagnostic, prevention, and treatment services.

"Clinical social work services" include the application of social work principles and methods in performing assessments and diagnoses based on a recognized manual of mental and emotional disorders or recognized system of problem definition, preventive and early intervention services, and treatment services, including psychosocial interventions, psychotherapy, and counseling for mental disorders, substance abuse, marriage and family dysfunction, and problems caused by social and psychological stress or health impairment.

"Conversion therapy" means any practice or treatment as defined in § 54.1-2409.5 A of the Code of Virginia.

"Exempt practice" is that which meets the conditions of exemption from the requirements of licensure as defined in § 54.1-3701 of the Code of Virginia.

"Face-to-face " means the physical presence of the individuals involved in the supervisory relationship during either individual or group supervision or in the delivery of clinical social work services by a supervisee and may include the use of technology that provides real-time, interactive contact among the individuals involved.

"LBSW" means a licensed baccalaureate social worker.

"LCSW" means a licensed clinical social worker.

"LMSW" means a licensed master's social worker.

"Nonexempt practice" means that which does not meet the conditions of exemption from the requirements of licensure as defined in § 54.1-3701 of the Code of Virginia.

"NPDB" means the U.S. Department of Health and Human Services National Practitioner Data Bank.

"Supervisee" means an individual who has submitted a supervisory contract and has received board approval to provide clinical services in social work under supervision.

"Supervision" means a professional relationship between a supervisor and supervisee in which the supervisor directs, monitors, and evaluates the supervisee's social work practice while promoting development of the supervisee's knowledge, skills, and abilities to provide social work services in an ethical and competent manner.

"Supervisory contract" means an agreement that outlines the expectations and responsibilities of the supervisor and supervisee in accordance with regulations of the board.

18VAC140-20-30. Fees.

A. The board has established fees for the following:

1. Registration of supervision	$50
2. Addition to or change in registration of supervision	$25
3. Application processing
a. Licensed clinical social worker LCSW	$165
b. LBSW	$100
c. LMSW	$115
4. Annual license renewal
a. Registered social worker	$25
b. Associate social worker	$25
c. LBSW	$55
d. LMSW	$65
e. Licensed clinical social worker LCSW	$90
5. Penalty for late renewal
a. Registered social worker	$10
b. Associate social worker	$10
c. LBSW	$20
d. LMSW	$20
e. Licensed clinical social worker LCSW	$30
6. Verification of license to another jurisdiction	$25
7. Additional or replacement licenses	$15
8. Additional or replacement wall certificates	$25
9. Handling fee for returned check or dishonored credit or debit card	$50
10. Reinstatement following disciplinary action	$500

B. Fees shall be paid by check or money order made payable to the Treasurer of Virginia and forwarded to the board. All fees are nonrefundable.

C. Examination fees shall be paid directly to the examination service according to its requirements.

18VAC140-20-40. Requirements for licensure by examination as a licensed clinical social worker an LCSW.

Every applicant for examination for licensure as a licensed clinical social worker an LCSW shall:

1. Meet the education requirements prescribed in 18VAC140-20-49 and experience requirements prescribed in 18VAC140-20-50.

2. Submit a completed application to the board office within two years of completion of supervised experience to include:

a. Documentation, on the appropriate forms, of the successful completion of the supervised experience requirements of 18VAC140-20-50 along with documentation of the supervisor's out-of-state license where applicable. Applicants whose former supervisor is deceased, or whose whereabouts is are unknown, shall submit to the board a notarized affidavit from the present chief executive officer of the agency, corporation, or partnership in which the applicant was supervised. The affidavit shall specify dates of employment, job responsibilities, supervisor's name and last known address, and the total number of hours spent by the applicant with the supervisor in face-to-face supervision;

b. The application fee prescribed in 18VAC140-20-30;

c. Official transcript or documentation submitted from the appropriate institutions of higher education that verifies successful completion of educational requirements set forth in 18VAC140-20-49;

d. Documentation of any other health or mental health licensure or certification, if applicable; and

e. A current report from the U.S. Department of Health and Human Services National Practitioner Data Bank (NPDB).

3. Provide evidence of passage of the examination prescribed in 18VAC140-20-70.

18VAC140-20-45. Requirements for licensure by endorsement.

A. Every applicant for licensure by endorsement shall submit in one package:

1. A completed application and the application fee prescribed in 18VAC140-20-30.

2. Documentation of active social work licensure in good standing obtained by standards required for licensure in another jurisdiction as verified by the out-of-state licensing agency. Licensure in the other jurisdiction shall be of a comparable type as the licensure that the applicant is seeking in Virginia.

3. Verification of a passing score on a board-approved national exam at the level for which the applicant is seeking licensure in Virginia. The board may accept evidence that a national examination was not required for licensure by the other jurisdiction at the time the applicant was initially licensed.

4. Documentation of any other health or mental health licensure or certification, if applicable.

5. A current report from the U.S. Department of Health and Human Services National Practitioner Data Bank (NPDB).

6. Certification that the applicant is not the respondent in any pending or unresolved board action in another jurisdiction or in a malpractice claim.

B. If an applicant for licensure by endorsement has not passed a board-approved national examination at the level for which the applicant is seeking licensure in Virginia, the board may approve the applicant to sit for such examination.

18VAC140-20-49. Educational requirements for a licensed clinical social worker an LCSW.

A. The applicant for licensure as a clinical social worker shall document successful completion of one of the following: (i) a master's degree in social work with a clinical course of study from a program accredited by the Council on Social Work Education, (ii) a master's degree in social work with a nonclinical concentration from a program accredited by the Council on Social Work Education together with successful completion of the educational requirements for a clinical course of study through a graduate program accredited by the Council on Social Work Education, or (iii) a program of education and training in social work at an educational institution outside the United States recognized by the Council on Social Work Education.

B. The requirement for a clinical practicum in a clinical course of study shall be a minimum of 600 hours, which shall be integrated with clinical course of study coursework and supervised by a person who is a licensed clinical social worker an LCSW or who holds a master's or doctor's degree in social work and has a minimum of three years of experience in clinical social work services after earning the graduate degree. An applicant who has otherwise met the requirements for a clinical course of study, but who did does not have a minimum of 600 hours in a supervised field placement/practicum in clinical social work services, may meet the requirement by obtaining an equivalent number of hours of supervised practice in clinical social work services in addition to the experience required in 18VAC140-20-50.

18VAC140-20-50. Experience requirements for a licensed clinical social worker an LCSW.

A. Supervised experience. Supervised post-master's degree experience without prior written board approval will not be accepted toward licensure, except supervision obtained in another United States jurisdiction may be accepted if it met the requirements of that jurisdiction. Prior to registration for supervised experience, a person shall satisfactorily complete the educational requirements of 18VAC140-20-49.

1. Registration. An individual who proposes to obtain supervised post-master's degree experience in Virginia shall, prior to the onset of such supervision, or whenever there is an addition or change of a supervisor to a supervisor not currently approved by the board:

a. Register on a form provided by the board;

b. Submit a copy of a supervisory contract completed by the supervisor and the supervisee;

c. Submit an official transcript documenting a graduate degree and clinical practicum as specified in 18VAC140-20-49; and

d. Pay the registration of supervision fee set forth in 18VAC140-20-30.

2. Hours. The applicant shall have completed a minimum of 3,000 hours of supervised post-master's degree experience in the delivery of clinical social work services and in ancillary services that support such delivery. A minimum of one hour and a maximum of four hours of face-to-face supervision shall be provided per 40 hours of work experience for a total of at least 100 hours. No more than 50 of the 100 hours may be obtained in group supervision, nor shall there be more than six persons being supervised in a group unless approved in advance by the board. The board may consider alternatives to face-to-face supervision if the applicant can demonstrate an undue burden due to hardship, disability, or geography.

a. Supervised experience shall be acquired in no less than two nor more than four consecutive years.

b. Supervisees shall obtain throughout their hours of supervision a minimum of 1,380 hours of supervised experience in face-to-face client contact in the delivery of clinical social work services. The remaining hours may be spent in ancillary services supporting the delivery of clinical social work services.

3. An individual who does not complete the supervision requirement after four consecutive years of supervised experience may request an extension of up to 12 months. The request for an extension shall include evidence that demonstrates extenuating circumstances that prevented completion of the supervised experience within four consecutive years.

B. Requirements for supervisors of candidates for LCSW.

1. The supervisor shall hold an active, unrestricted license as a licensed clinical social worker an LCSW in the jurisdiction in which the clinical services are being rendered with at least two years of post-licensure clinical social work experience. The board may consider supervisors with commensurate qualifications if the applicant can demonstrate an undue burden due to geography or disability or if supervision was obtained in another United States jurisdiction.

2. The supervisor shall have received professional training in supervision, consisting of a three credit-hour graduate course in supervision or at least 14 hours of continuing education offered by a provider approved under 18VAC140-20-105. After the initial graduate course or 14 hours of continuing education in supervision, at least seven hours of continuing education in supervision shall be obtained by a supervisor within five years immediately preceding registration of supervision.

3. The supervisor shall not provide supervision for a family member or provide supervision for anyone with whom the supervisor has a dual relationship.

4. The board may consider supervisors a supervisor from jurisdictions a jurisdiction outside of Virginia who provided clinical social work supervision if they have the supervisor has commensurate qualifications but were was either (i) not licensed because their the jurisdiction did not require licensure or (ii) not designated as a clinical social workers worker because the jurisdiction did not require such designation.

C. Responsibilities of supervisors of candidates for LCSW. The supervisor shall:

1. Be responsible for the social work activities of the supervisee as set forth in this subsection once the supervisory arrangement is accepted;

2. Review and approve the diagnostic assessment and treatment plan of a representative sample of the clients assigned to the applicant during the course of supervision. The sample should be representative of the variables of gender, age, diagnosis, length of treatment, and treatment method within the client population seen by the applicant. It is the applicant's responsibility to ensure the representativeness of the sample that is presented to the supervisor;

3. Provide supervision only for those social work activities for which the supervisor has determined the applicant is competent to provide to clients;

4. Provide supervision only for those activities for which the supervisor is qualified by education, training, and experience;

5. Evaluate the supervisee's knowledge and document minimal competencies in the areas of an identified theory base, application of a differential diagnosis, establishing and monitoring a treatment plan, development and appropriate use of the professional relationship, assessing the client for risk of imminent danger, understanding the requirements of law for reporting any harm or risk of harm to self or others, and implementing a professional and ethical relationship with clients;

6. Be available to the applicant on a regularly scheduled basis for supervision;

7. Maintain documentation, for five years post-supervision, of which clients were the subject of supervision; and

8. Ensure that the board is notified of any change in supervision or if supervision has ended or been terminated by the supervisor; and

9. Clarify the billing fee for supervision.

D. Responsibilities of supervisees.

1. Supervisees may not directly bill for services rendered or in any way represent themselves as independent, autonomous practitioners, or licensed clinical social workers LCSWs.

2. During the supervised experience, supervisees shall use their names and the initials of their degree, and the title "Supervisee in Social Work" in all written communications.

3. Clients shall be informed in writing of the supervisee's status and the supervisor's name, professional address, and telephone number.

4. Supervisees shall not supervise the provision of clinical social work services provided by another person.

5. While providing clinical social work services, a supervisee shall remain under board-approved supervision until licensed in Virginia as a licensed clinical social worker an LCSW.

18VAC140-20-51. Requirements for licensure by examination as an LBSW or LMSW.

A. In order to be approved to sit for the board-approved examination as an LBSW or an LMSW, an applicant shall:

1. Meet the education requirements prescribed in 18VAC140-20-60.

2. Submit a completed application to the board office to include:

a. The application fee prescribed in 18VAC140-20-30; and

b. Official transcripts submitted from the appropriate institutions of higher education.

B. In order to be licensed by examination as an LBSW or an LMSW, an applicant shall:

1. Meet the requirements prescribed in 18VAC140-20-60; and

2. Submit, in addition to the application requirements of subsection A of this section, the following:

a. Verification of a passing score on the board-approved national examination;

b. Documentation of any other health or mental health licensure or certification, if applicable; and

c. A current report from the U.S. Department of Health and Human Services National Practitioner Data Bank (NPDB).

18VAC140-20-70. Examination requirement.

A. An applicant for licensure by the board as an LBSW, an LMSW, or clinical social worker an LCSW shall pass a written examination prescribed by the board.

1. The examination prescribed for licensure as a clinical social worker shall be the licensing examination of the Association of Social Work Boards at the clinical level.

2. 1. The examination prescribed for licensure as an LBSW shall be the licensing examination of the Association of Social Work Boards at the bachelor's level.

3. 2. The examination prescribed for licensure as an LMSW shall be the licensing examination of the Association of Social Work Boards at the master's level.

3. The examination prescribed for licensure as an LCSW shall be the licensing examination of the Association of Social Work Boards at the clinical level.

B. An applicant approved by the board to sit for an examination shall take that examination within two years of the date of the initial board approval. If the applicant has not passed the examination by the end of the two-year period here prescribed, the applicant shall reapply according to the requirements of the regulations in effect at that time in order to be approved for another two years in which to pass the examination.

C. If an LCSW applicant for clinical social work licensure has not passed the examination within the second two-year approval period, the applicant shall be required to register for supervision and complete one additional year as a supervisee before approval for another two-year period in which to re-take retake the examination may be granted.

18VAC140-20-100. Licensure renewal.

A. Beginning with the 2017 renewal, licensees Licensees shall renew their licenses on or before June 30 of each year and pay the renewal fee prescribed by the board.

B. Licensees who wish to maintain an active license shall pay the appropriate fee and document on the renewal form compliance with the continued competency requirements prescribed in 18VAC140-20-105. Newly licensed individuals are not required to document continuing education on the first renewal date following initial licensure.

C. A licensee who wishes to place his license in inactive status may do so upon payment of a fee equal to one-half of the annual license renewal fee as indicated on the renewal form. No person shall practice social work or clinical social work in Virginia unless he holds a current active license. A licensee who has placed himself in inactive status may become active by fulfilling the reactivation requirements set forth in 18VAC140-20-110.

D. Each licensee shall furnish the board his the licensee's current address of record. All notices required by law or by this chapter to be mailed by the board to any such licensee shall be validly given when mailed to the latest address of record given by the licensee. Any change in the address of record or the public address, if different from the address of record, shall be furnished to the board within 30 days of such change.

18VAC140-20-105. Continued competency requirements for renewal of an active license.

A. Licensed clinical social workers To renew an active license, an LBSW shall be required to have completed complete a minimum of 30 10 contact hours of continuing education. LBSWs and LMSWs shall be required to have completed a minimum of 15 contact hours of continuing education prior to licensure the renewal in date for even years. A minimum of two of those hours shall pertain to ethics or the standards of practice for the behavioral health professions or to laws governing the practice of social work in the Commonwealth.

B. To renew an active license, an LMSW shall complete a minimum of 15 contact hours of continuing education prior to the renewal date for even years. A minimum of four of those hours shall pertain to ethics or the standards of practice for the behavioral health professions or to laws governing the practice of social work in the Commonwealth.

C. To renew an active license, an LCSW shall complete a minimum of 30 contact hours of continuing education prior to the renewal date in even years. A minimum of six of those hours shall pertain to ethics or the standards of practice for the behavioral health professions or to laws governing the practice of social work in the Commonwealth.

D. Courses or activities for all license types shall be directly related to the practice of social work or another behavioral health field. A minimum of six of those hours for licensed clinical social workers and a minimum of three of those hours for licensed social workers must pertain to ethics or the standards of practice for the behavioral health professions or to laws governing the practice of social work in Virginia. Up to two continuing education hours required for renewal may be satisfied through delivery of social work services, without compensation, to low-income individuals receiving health services through a local health department or a free clinic organized in whole or primarily for the delivery of those services, as verified by the department or clinic. Three hours of volunteer service is required for one hour of continuing education credit.

1. E. The board may grant an extension for good cause of up to one year for the completion of continuing education requirements upon written request from the licensee prior to the renewal date. Such An extension shall not relieve the licensee of the continuing education requirement.

2. F. The board may grant an exemption for all or part of the continuing education requirements due to circumstances beyond the control of the licensee, such as temporary disability, mandatory military service, or officially declared disasters, upon written request from the licensee prior to the renewal date.

B. G. Hours may be obtained from a combination of board-approved activities in the following two categories:

1. Category I. Formally Organized Learning Activities. A minimum of 20 seven hours for [ for ] LBSWs, licensed clinical social workers or 10 hours for licensed social workers LMSWs, and 20 hours for LCSWs shall be documented in this category, which shall include one or more of the following:

a. Regionally accredited university or college academic courses in a behavioral health discipline. A maximum of 15 hours will be accepted for each academic course.

b. Continuing education programs offered by universities or colleges accredited by the Council on Social Work Education.

c. Workshops, seminars, conferences, or courses in the behavioral health field offered by federal, state, or local social service agencies, public school systems, or licensed health facilities and licensed hospitals.

d. Workshops, seminars, conferences, or courses in the behavioral health field offered by an individual or organization that has been certified or approved by one of the following:

(1) The Child Welfare League of America and its state and local affiliates.

(2) The National Association of Social Workers and its state and local affiliates.

(3) The National Association of Black Social Workers and its state and local affiliates.

(4) The Family Service Association of America and its state and local affiliates.

(5) The Clinical Social Work Association and its state and local affiliates.

(6) The American Association for Psychoanalysis in Clinical Social Work and its state and local affiliates.

(7) The Virginia Association of Sex Offender Treatment Providers.

(8) The Association of Social Work Boards.

(7) (9) Any state social work board.

2. Category II. Individual Professional Activities. A maximum of 10 of the required 30 hours for licensed clinical social workers or LCSWs, a maximum of five of the required 15 hours for licensed social workers LMSWs, and a maximum of three of the required 10 hours for LBSWs may be earned in this category, which shall include one or more of the following:

a. Participation in an Association of Social Work Boards item writing workshop. (Activity This activity will count for a maximum of two hours.)

b. Publication of a professional social work-related book or initial preparation or presentation of a social work-related course. (Activity This activity will count for a maximum of 10 hours.)

c. Publication of a professional social work-related article or chapter of a book, or initial preparation or presentation of a social work-related in-service training, seminar, or workshop. (Activity This activity will count for a maximum of five hours.)

d. Provision of a continuing education program sponsored or approved by an organization listed under Category I. (Activity This activity will count for a maximum of two hours and will only be accepted one time for any specific program.)

e. Field instruction of graduate students in a Council on Social Work Education-accredited school. (Activity This activity will count for a maximum of two hours.)

f. Serving as an officer or committee member of one of the national professional social work associations listed under in subdivision B G 1 d of this section or as a member of a state social work licensing board. (Activity This activity will count for a maximum of two hours.)

g. Attendance at formal staffings at federal, state, or local social service agencies, public school systems, or licensed health facilities and licensed hospitals. (Activity This activity will count for a maximum of five hours.)

h. Individual or group study, including listening to audio tapes, viewing video tapes, or reading professional books or articles. (Activity This activity will count for a maximum of five hours.)

18VAC140-20-110. Late renewal; reinstatement; reactivation.

A. An LBSW, LMSW, or clinical social worker LCSW whose license has expired may renew that license within one year after its expiration date by:

1. Providing evidence of having met all applicable continuing education requirements.

2. Paying the penalty for late renewal and the renewal fee as prescribed in 18VAC140-20-30.

B. An LBSW, LMSW, or clinical social worker LCSW who fails to renew the license after one year and who wishes to resume practice shall apply for reinstatement and pay the reinstatement fee, which shall consist of the application processing fee and the penalty fee for late renewal, as set forth in 18VAC140-20-30. An applicant for reinstatement shall also provide:

1. Documentation of having completed all applicable continued competency hours equal to the number of years the license has lapsed, not to exceed four years;

2. Documentation of any other health or mental health licensure or certification held in another United States jurisdiction, if applicable; and

3. A current report from the U.S. Department of Health and Human Services National Practitioner Data Bank NPDB.

C. An LBSW, LMSW, or clinical social worker LCSW wishing to reactivate an inactive license shall submit the difference between the renewal fee for active licensure and the fee for inactive licensure renewal and document completion of continued competency hours equal to the number of years the license has been inactive, not to exceed four years.

18VAC140-20-130. Renewal of registration for associate social workers and registered social workers.

The registration of every associate social worker and registered social worker with the former Virginia Board of Registration of Social Workers under former § 54-775.4 of the Code of Virginia shall expire on June 30 of each year.

1. Each registrant shall return the completed application before the expiration date, accompanied by the payment of the renewal fee prescribed by the board.

2. Failure to receive the renewal notice shall not relieve the registrant from the renewal requirement.

18VAC140-20-150. Professional conduct.

A. The protection of the public health, safety, and welfare and the best interest of the public shall be the primary guide in determining the appropriate professional conduct of all persons whose activities are regulated by the board. Regardless of the delivery method, whether in person, by telephone, or electronically, these standards shall apply to the practice of social work.

B. Persons licensed as LBSWs, LMSWs, and clinical social workers LCSWs shall:

1. Be able to justify all services rendered to or on behalf of clients as necessary for diagnostic or therapeutic purposes.

2. Provide for continuation of care when services must be interrupted or terminated.

3. Practice only within the competency areas for which they are the licensee is qualified by education and experience.

4. Report to the board any known or suspected violations of the laws and regulations governing the practice of social work to the board.

5. Neither accept nor give commissions, rebates, or other forms of remuneration for referral of clients for professional services.

6. Ensure that clients are aware of fees and billing arrangements before rendering services. Billing arrangements must clearly state the credentials of the person rendering services. Supervisees in social work may not bill clients directly for the supervisee's services.

7. Inform clients of potential risks and benefits of services and the limitations on confidentiality and ensure that clients have provided informed written consent to treatment.

8. Keep confidential their therapeutic relationships with clients confidential and disclose client records to others only with written consent of the client, with the following exceptions: (i) when the client is a danger to self or others; or (ii) as required by law.

9. When advertising their services to the public, ensure that such the advertising is neither fraudulent nor misleading.

10. As treatment requires and with the written consent of the client, collaborate with other health or mental health providers concurrently providing services to the client.

11. Refrain from undertaking any activity in which one's the licensee's personal problems are likely to lead to inadequate or harmful services.

12. Recognize conflicts of interest and inform all parties of the nature and directions of loyalties and responsibilities involved.

13. Not engage in conversion therapy with any person younger than 18 years of age.

14. Not engage in physical contact with a client when there is a likelihood of psychological harm to the client. Social workers who engage in physical contact are responsible for setting clear and culturally sensitive boundaries.

15. 14. Not sexually harass clients. Sexual harassment includes sexual advances; sexual solicitation; requests for sexual favors; and other verbal, written, electronic, or physical contact of a sexual nature.

15. Not diagnose third parties.

C. In regard to client records, persons Persons licensed by the board shall comply with provisions of § 32.1-127.1:03 of the Code of Virginia on regarding the privacy of health records privacy and shall:

1. Maintain written or electronic clinical records for each client to include identifying information and assessment that substantiates diagnosis and treatment plans. Each record shall include: (i) a diagnosis and treatment plan, (ii) progress notes for each case activity, (iii) information received from all collaborative contacts and the treatment implications of that information, and (iv) the termination process and summary.

2. Maintain client records securely, inform all employees of the requirements of confidentiality, and provide for the destruction of records that are no longer useful in a manner that ensures client confidentiality.

3. Disclose or release records to others only with clients' expressed the client's express written consent or that of their, the express written consent of the client's legally authorized representative, or as mandated by law.

4. Ensure confidentiality in the usage of client records and clinical materials by obtaining informed consent from clients the client or their the client's legally authorized representative before (i) videotaping, (ii) audio recording, (iii) permitting third-party observation, or (iv) using identifiable client records and clinical materials in teaching, writing, or public presentations.

5. Maintain client records for a minimum of six years or as otherwise required by law from the date of termination of the therapeutic relationship with the following exceptions:

a. At minimum, records of a minor child shall be maintained for six years after attaining the child attains the age of majority or 10 years following termination, whichever comes later.

b. Records that are required by contractual obligation or federal law to be maintained for a longer period of time.

c. Records that have been transferred to another mental health professional or have been given to the client or the client's legally authorized representative.

D. In regard to dual relationships maintaining professional boundaries, persons licensed by the board shall:

1. Not engage in a dual relationship with a client or a supervisee that could impair professional judgment or increase the risk of exploitation or harm to the client or supervisee. (Examples of such a relationship include: familial, relationships; social, relationships; financial, or business relationships,; bartering,; inappropriate physical contact, such as cradling or caressing; assuming the role of a parent without consent; or a close personal relationship with a client, former client, or supervisee.) Social workers shall take appropriate professional precautions when a dual relationship cannot be avoided, such as informed consent, consultation, supervision, and documentation to ensure that judgment is not impaired and no exploitation occurs.

2. Not have any type of romantic relationship or sexual intimacies with a client or those included in collateral therapeutic services, and not provide services to those persons with whom they have the social worker has had a romantic or sexual relationship. Social workers shall not engage in romantic relationship or sexual intimacies with a former client within a minimum of five years after terminating the professional relationship. Social workers who engage in such a relationship after five years following termination shall have the responsibility to examine and document thoroughly that such a relationship did not have an exploitive exploitative nature, based on factors such as duration of therapy, amount of time since therapy, termination circumstances, client's personal history and mental status, adverse impact on the client. A client's consent to, initiation of, or participation in sexual behavior or involvement with a social worker does not change the nature of the conduct nor lift the regulatory prohibition.

3. Not engage in any romantic or sexual relationship or establish a therapeutic relationship with a current supervisee or student. Social workers shall avoid any nonsexual dual relationship with a supervisee or student in which there is a risk of exploitation or potential harm to the supervisee or student, or the potential for interference with the supervisor's professional judgment.

4. Recognize conflicts of interest and inform all parties of the nature and directions of loyalties and responsibilities involved.

5. Not engage in a personal relationship with a former client in which there is a risk of exploitation or potential harm or if the former client continues to relate to the social worker in the social worker's professional capacity.

E. Upon learning of evidence that indicates a reasonable probability that another mental health provider is or may be guilty of a violation of standards of conduct as defined in statute or regulation, persons licensed by the board shall advise their clients of their the client's right to report such misconduct to the Department of Health Professions in accordance with § 54.1-2400.4 of the Code of Virginia.

18VAC140-20-160. Grounds for disciplinary action or denial of issuance of a license or registration.

The board may refuse to admit an applicant to an examination; refuse to issue a license or registration to an applicant; or reprimand, impose a monetary penalty, place on probation, impose such terms as it may designate, suspend for a stated period of time or indefinitely, or revoke a license or registration for one or more of the following grounds:

1. Conviction of a felony or of a misdemeanor involving moral turpitude;

2. Procurement of license by fraud or misrepresentation;

3. Conducting one's practice in such a manner so as to make the practice a danger to the health and welfare of one's the person's clients or to the public. In the event a question arises concerning the continued competence of a licensee, the board will consider evidence of continuing education;

4. Being unable to practice social work with reasonable skill and safety to clients by reason of illness, excessive use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition;

5. Conducting one's practice in a manner contrary to the standards of ethics care of social work or in violation of 18VAC140-20-150, standards of practice;

6. Performing functions outside the board-licensed area of competency;

7. Failure to comply with the continued competency requirements set forth in 18VAC140-20-105;

8. Violating or aiding and abetting another to violate any statute applicable to the practice of social work or any provision of this chapter; and

9. Failure to provide supervision in accordance with the provisions of 18VAC140-20-50 or 18VAC140-20-60.

18VAC140-20-170. Reinstatement following disciplinary action.

Any To be eligible for reinstatement, any person whose license has been suspended, revoked, or denied renewal by the board under the provisions of 18VAC140-20-160 shall, in order to be eligible for reinstatement, (i) submit a new application to the board for a license, (ii) pay the appropriate reinstatement fee, and (iii) submit any other credentials as prescribed by the board. After a hearing, the board may, at its discretion, grant the reinstatement.

TITLE 20. PUBLIC UTILITIES AND TELECOMMUNICATIONS

STATE CORPORATION COMMISSION

Proposed Regulation

Title of Regulation: 20VAC5-335. Regulations Governing the Deployment of Energy Storage (amending 20VAC5-335-20, 20VAC5-335-30, 20VAC5-335-40).

Statutory Authority: § 12.1-13 of the Code of Virginia.

Public Hearing Information: A public hearing will be held upon request.

Public Comment Deadline: November 2, 2026.

Agency Contact: Mike Cizenski, Deputy Director, Public Utility Regulation, State Corporation Commission, P.O. Box 1197, Richmond, VA 23218, telephone (804) 371-9441, or email mike.cizenski@scc.virginia.gov.

Summary:

Pursuant to Chapters 694 and 695 of the 2026 Virginia Acts of Assembly, the proposed amendments update the minimum deployment targets for short-duration energy storage for Phase I and Phase II utilities.

AT RICHMOND, SEPTEMBER 29, 2026

COMMONWEALTH OF VIRGINIA, ex rel.

STATE CORPORATION COMMISSION

CASE NO. PUR-2026-00141

Ex Parte: In the matter of amending rules

and regulations pursuant to § 56-585.5 E 5

of the Code of Virginia related to the

deployment of energy storage

ORDER ESTABLISHING PROCEEDING

The Rules Governing the Deployment of Energy Storage, 20VAC5-335-10 et seq. (Energy Storage Rules), adopted by the State Corporation Commission (Commission) pursuant to Virginia Code (Code) §§ 56-580 and 56-585.5, establish the requirements for achieving the deployment of energy storage for the Commonwealth, as required under the Virginia Clean Economy Act.¹ Chapter 694 of the 2026 Virginia Acts of Assembly (collectively, 2026 Energy Storage Legislation) amended Code §§ 56-580 and 56-585.5, effective July 1, 2026. The 2026 Energy Storage Legislation, inter alia, increases the energy storage capacity that Virginia's Phase I and Phase II electric utilities are required to construct, acquire, or procure, and extends the time frames by which such revised capacity requirements must be met.

NOW THE COMMISSION, upon consideration of the matter, is of the opinion and finds that a proceeding should be established to amend the Energy Storage Rules to comply with the 2026 Energy Storage Legislation.

To initiate this proceeding, the Commission Staff (Staff) has prepared proposed amendments (Proposed Amendments) to the Energy Storage Rules, which are appended to this Order.² The Commission finds that notice of the Proposed Amendments should be given to the public; that interested persons should be provided an opportunity to file written comments on, propose modifications or supplements to, or request a hearing on the Proposed Amendments; and that Staff should transmit copies of this Order to those persons and entities identified as having a potential interest in this matter.

Accordingly, IT IS ORDERED THAT:

(1) This case is docketed and assigned Case No. PUR-2026-00141.

(2) All comments or other documents and pleadings filed in this matter shall be submitted electronically to the extent authorized by Rule 5VAC5-20-150, Copies and format, of the Commission's Rules of Practice and Procedure (Rules of Practice).³ Confidential and Extraordinarily Sensitive Information shall not be submitted electronically and shall comply with Rule 5VAC5-20-170, Confidential information, of the Rules of Practice. Any person seeking to hand deliver and physically file or submit any pleading or other document shall contact the Clerk's Office Document Control Center at (804) 371-9838 to arrange the delivery.

(3) Pursuant to 5VAC5-20-140, Filing and service, of the Rules of Practice, the Commission directs that service on parties and Staff in this matter shall be accomplished by electronic means. Concerning Confidential or Extraordinarily Sensitive Information, parties and Staff are instructed to work together to agree upon the manner in which documents containing such information shall be served upon one another, to the extent practicable, in an electronically protected manner, even if such information is unable to be filed in the Office of the Clerk, so that no party or Staff is impeded from preparing its case.

(4) The Commission's Office of General Counsel shall forward a copy of this Order Establishing Proceeding to the Registrar of Regulations for publication in the Virginia Register of Regulations.

(5) Within five (5) business days of the filing of this Order Establishing Proceeding with the Clerk of the Commission, Staff of the Commission's Division of Public Utility Regulation shall electronically transmit copies of this Order to those persons and entities identified by Staff as potentially having an interest in this matter. Staff shall maintain a list of names and addresses of the persons and entities to whom the Order was transmitted.

(6) An electronic copy of the Proposed Amendments may be obtained by submitting a request to Mike Cizenski in the Commission's Division of Public Utility Regulation at the following email address: mike.cizenski@scc.virginia.gov. An electronic copy of the Proposed Amendments can also be found at the Division of Public Utility Regulation's website: scc.virginia.gov/regulated-industries/utility-regulation/pur-responsibilities/rulemaking. Interested persons may also download unofficial copies of this Order and the Proposed Amendments from the Commission's website: scc.virginia.gov/case-information.

(7) On or before November 2, 2026, any interested person may comment on, propose modifications or supplements to, or request a hearing on the Proposed Amendments following the instructions on the Commission's website:

scc.virginia.gov/case-information/submit-public-comments. Those unable, as a practical matter, to submit comments electronically may file such comments by U.S. mail to the Clerk of the State Corporation Commission, c/o Document Control Center, P.O. Box 2118, Richmond, Virginia 23218-2118. All such documents shall refer to Case No. PUR-2026-00141. Individuals should be specific in their comments, proposals, or supplements to the Proposed Amendments and should address only those issues pertaining to the 2026 Energy Storage Legislation. Issues outside the scope of addressing these amendments will not be open for consideration. Any request for hearing shall state with specificity why the issues raised in the request for hearing cannot be adequately addressed in written comments. If a sufficient request for hearing is not received, the Commission may consider the matter and enter an order based upon the comments, documents or other pleadings filed in this proceeding.

(8) On or before December 2, 2026, Staff shall file with the Clerk of the Commission a report on or a response to any comments, proposals, or requests for hearing submitted to the Commission on the Proposed Amendments.

(9) This matter is continued.

A COPY hereof shall be sent electronically by the Clerk of the Commission to all persons on the official Service List in this matter. The Service List is available from the Clerk of the Commission.

20VAC5-335-20. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Behind the meter" means any system that is on the customer side of the utility service meter.

"Behind-the-meter incentive" means any incentive that encourages an end-use electric customer to implement energy storage systems that are connected to the customer side of the utility service meter, regardless of who actually owns the energy storage equipment.

"Commission" means the Virginia State Corporation Commission.

"Demand-side management program" means energy efficiency, demand response, or peak shaving programs or pilots approved by the commission that a utility may offer to customers pursuant to § 56-585.1 A 5 of the Code of Virginia.

"Energy storage" means any technology that is capable of absorbing energy, storing that energy for a period of time, and re-delivering that energy after storage.

"Energy storage aggregator" means a person or entity that, as an agent or intermediary, (i) offers to purchase or purchases energy storage system capabilities; or (ii) offers to arrange for or arranges for the purchase of energy storage system capabilities for the purposes of combining or aggregating those capabilities to enable the participation of multiple energy storage systems in electricity markets where such individual systems could not participate individually.

"Energy storage capacity" or "stored usable energy" means the maximum amount of stored energy of the energy storage system in kilowatt-hours or megawatt-hours that can be delivered to the grid.

"Energy storage facility" or "energy storage system" means an energy storage resource and any equipment, other than a transmission or distribution line, needed to interconnect the energy storage resource to the utility's electric system. This additional equipment can include switchgear, transformers, inverters, switches, cables, wires, conductors, bus work, protection devices and systems, communication and control devices and systems, fire protection systems, and environmental protection systems. Other costs associated with the construction and operation of an energy storage facility or energy storage system may include property acquisition costs, development and study costs, or other costs necessary to complete an operative facility or system.

"Energy storage power rating" means the total possible instantaneous discharge capability in kilowatts or megawatts of the energy storage system, or the maximum sustained rate of discharge that the energy storage system can achieve starting from a fully charged state to a fully discharged state.

"Energy storage project" means an energy storage facility with a specified location and an associated nameplate energy storage capacity and energy storage power rating.

"Energy storage resource" means (i) a resource capable of collecting energy from the electric power grid or a power generation facility and then discharging the energy at a future point in time to provide electricity or other grid services, or (ii) a resource capable of the active or dynamic exchange of energy.

"Non-wires alternative program" means any electricity grid investment, project, or program that uses nontraditional transmission or distribution solutions, such as distributed generation, energy storage, energy efficiency, demand response, and grid software and controls, to delay or remove the need for traditional system upgrades of equipment, such as transmission or distribution lines or transformers, without impacting the safety or overall performance of the electric power system.

"Peak demand reduction program" means any project or program aimed at shifting time of use of electricity from one period to another for the overall economic and reliability benefit of the electric power grid.

"Person" means any individual, corporation, partnership, association, company, business, trust, joint venture, or other private legal entity, and the Commonwealth or any municipality.

"Phase I Utility" has the same meaning as provided in subdivision A 1 of § 56-585.1 of the Code of Virginia.

"Phase II Utility" has the same meaning as provided in subdivision A 1 of § 56-585.1 of the Code of Virginia.

"Short-duration energy storage" means energy storage resources with less than 10 hours of generation capacity.

"Storage duration" means the amount of time an energy storage system can discharge at its energy storage power rating before depleting the stored usable energy when the system is at maximum energy storage capacity. Energy storage resources can de-rate their maximum output in order to increase energy storage duration.

20VAC5-335-30. Minimum interim targets for energy storage deployment by Phase I and Phase II Utilities.

A. A Phase I Utility shall petition the commission for any necessary approvals to construct or, acquire, or procure the level of energy storage power rating by the following dates:

1. By December 31, 2025, 25 megawatts;

2. By December 31, 2030, an additional 125 megawatts for a total of 150 megawatts; and

3. By December 31, 2035, an additional 300 megawatts for a total of 450 megawatts; and

4. By December 31, 2035 2040, an additional 250 330 megawatts for a total of 400 780 megawatts.

B. A Phase II Utility shall petition the commission for any necessary approvals to construct or acquire the level of short-duration energy storage power rating by the following dates:

1. By December 31, 2025, 250 megawatts;

2. By December 31, 2030, an additional 950 3,750 megawatts for a total of 1,200 4,000 megawatts; and

3. By December 31, 2035, an additional 3,500 megawatts for a total of 7,500 megawatts;

4. By December 31, 2040, an additional 3,500 megawatts for a total of 11,000 megawatts; and

5. By December 31, 2035 2045, an additional 1,500 5,000 megawatts for a total of 2,700 16,000 megawatts.

C. At least 35% of energy storage facilities placed into service by a Phase I or Phase II Utility shall be (i) purchased by the Phase I or Phase II Utility from a party other than the utility, or (ii) owned by a party other than the Phase I or Phase II Utility with the capacity from such facilities sold to the utility. The 35% threshold shall also apply to each interim target identified in this section.

D. Any type of energy storage technology shall count toward the interim targets set forth in subsections A and B of this section.

E. Each Phase I or Phase II Utility shall report on its plan to meet these interim targets and its progress toward meeting these interim targets in the proceedings established by § 56-585.5 D 4 and §§ 56-597 through 56-599 of the Code of Virginia, consistent with the requirements of each respective statute.

20VAC5-335-40. Procurement of energy storage projects by Phase I and Phase II Utilities.

A. In procuring energy storage projects, each Phase I or Phase II Utility shall use competitive bidding to the extent practicable, consistent with § 56-233.1 of the Code of Virginia.

B. Beginning in 2021 and ending in either 2035 2045 or when the storage targets set forth in 20VAC5-335-30 are met, whichever is sooner, each Phase I or Phase II Utility shall sponsor at least one competitive solicitation for energy storage projects per calendar year, consistent with the following requirements:

1. The request for proposals shall quantify and describe the utility's need for energy or capacity.

2. The request for proposals shall be publicly announced and made available for public review on the utility's website at least 60 calendar days prior to the closing of such request for proposals.

3. The request for proposals shall provide, at a minimum, the following information: (i) the size, type, and timing of energy storage projects for which the utility anticipates contracting; (ii) any minimum thresholds that must be met by respondents, consistent with established codes and standards; (iii) major assumptions to be used by the utility in the bid evaluation process, including environmental emission standards; (iv) detailed instructions for preparing bids so that bids can be evaluated on a consistent basis; (v) the preferred general location of additional energy storage projects; and (vi) specific information concerning the factors involved in determining the price and non-price criteria used for selecting winning bids.

4. A utility may evaluate responses to the request for proposals based on any criteria that it deems reasonable but shall at a minimum consider the following in its selection process: (i) the status of a particular project's development; (ii) the age of existing facilities; (iii) the demonstrated financial viability of a project and the developer; (iv) a developer's prior experience in the field; (v) the location and effect on the transmission grid of an energy storage project; (vi) the benefits to the Commonwealth that are associated with particular projects, including regional economic development and the use of goods and services from Virginia businesses; (vii) the environmental impacts of particular resources, including impacts on air quality within the Commonwealth and the carbon intensity of the utility's generation portfolio; and (viii) how any project impacts the goals established by the Virginia Environmental Justice Act (§ 2.2-234 et seq. of the Code of Virginia).

5. A utility shall maintain documentation of its reasoning for rejecting any specific response to the request for proposals.

C. Each utility shall provide, upon request, equitable access to relevant electric system data, with appropriate confidentiality safeguards in place for privacy, system security, and public safety. Access shall be provided in a timely manner such that third parties may reasonably utilize the data to inform responses to the request for proposal.

D. Each utility shall report on any competitive solicitations for energy storage projects as part of the annual plan required by § 56-585.5 D 4 of the Code of Virginia.

TITLE 24. TRANSPORTATION AND MOTOR VEHICLES

COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM

Proposed Regulation

Title of Regulation: 24VAC35-80. Alcohol Safety Action Program Regulation (amending 24VAC35-80-10, 24VAC35-80-40 through 24VAC35-80-140; adding 24VAC35-80-55, 24VAC35-80-125, 24VAC35-80-150, 24VAC35-80-160).

Statutory Authority: §§ 18.2-273.2 and 18.2-273.3 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: January 1, 2027.

Agency Contact: Christopher Morris, Special Programs Coordinator, Commission on the Virginia Alcohol Safety Action Program, 1111 East Main Street, Suite 801, Richmond, VA 23219, telephone (804) 786-5895, fax (804) 786-6286, or email chris.morris@vasap.virginia.gov.

Basis: Sections 18.2-273.2 and 18.2-273.3 of the Code of Virginia authorize the Commission on the Virginia Alcohol Safety Action Program (VASAP) to establish standards, approve certification requirements, oversee local program operations and fiscal management, and promulgate regulations necessary to administer the statewide VASAP system.

Purpose: This action is necessary to protect the public health, safety, and welfare because it ensures the consistent, accountable, and effective operation of Virginia's statewide alcohol safety action program (ASAP) system. Local ASAPs perform critical public safety functions involving court-ordered monitoring, probation, education, and rehabilitation of offenders involved in alcohol-related and substance-related driving offenses and related offenses. The proposed amendments establish clearer operational standards and strengthen statewide oversight to promote fiscal integrity, continuity of services, transparency, and consistent offender supervision.

Substance: The proposed amendments (i) update terminology and definitions to conform to the new statutory framework and clarify local ASAP, employee, certification, and governance terminology; (ii) update local policy board requirements, including commission authority, to intervene when policy boards fail to meet regulatory obligations; (iii) establish new requirements for fiscal agent localities and local government funding responsibilities, including funding agreements for multi-jurisdiction programs and procedures governing supplemental or emergency funding; (iv) strengthen fiscal oversight focusing on financial reporting, audit procedures, reconciliation standards, and commission oversight of financial management; (v) expand conflict-of-interest, ethics, employee conduct, and personnel policy requirements; (vi) clarify privacy and records management requirements for offender files and confidential information; (vii) update certification and oversight provisions governing local ASAP operations and personnel consistent with commission authority; (viii) establish a section regarding data monitoring and approval and use of treatment providers; and (ix) make technical corrections.

Issues: The proposed amendments benefit the public and the Commonwealth by modernizing ASAP operations, clarifying legal definitions, and strengthening fiscal and ethical oversight. There are no disadvantages to the public of the Commonwealth. The changes improve local governance, secure funding stability, protect confidential records, and ensure clear accountability across all participating jurisdictions. The amendments also modernize the regulation to match the new language found in § 18.2-273 of the Code of Virginia pertaining to the Virginia statewide ASAP system.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. The Commission on the Virginia Alcohol Safety Action Program (commission) proposes to amend Alcohol Safety Action Program Regulation (24VAC35-80) to implement changes mandated by Chapters 686 and 687 of the 2026 Acts of Assembly. These changes are primarily intended to strengthen the fiscal sustainability and financial oversight of local alcohol safety action programs (local ASAPs). In addition, the proposed changes would also address program decertification, conflicts of interest, data privacy, data reporting, and the approval and use of treatment service providers.

Background. Chapters 686 and 687 of the 2026 Acts of Assembly newly created Article 2.1 (§ 18.2-273.1 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, which contains requirements for the administration and oversight of the statewide VASAP network, including 21 local ASAPs. Article 2.1 includes two requirements with a delayed effective date of January 1, 2028: (i) for each locality that has established, or jointly participates in, a local ASAP to provide financial support for the program (§ 18.2-273.4 D of the Code of Virginia) and (ii) for each local ASAP to designate a locality it serves to act as its fiscal agent locality (§ 18.2-273.6 of the Code of Virginia).² The 2026 legislation also called for a study on the long-term sustainability of Virginia local ASAPs, which provides additional context and analysis for these new requirements.³ The proposed amendments relating to these statutory changes are summarized below. 24VAC35-80-55 is newly added to implement the requirements of §§ 18.2-273.4 and 18.2-273.6 of the Code of Virginia and provide specific requirements for each local ASAP pertaining to annual budgets, the determination of each participating locality financial support, and situations in which the commission may authorize supplemental funding. 24VAC35-80-60 are entirely replaced with specific requirements regarding reserve funds. Section 18.2-273.4 of the Code of Virginia and the language currently in 24VAC35-80-60 authorize the commission to collect unexpended revenue or reserve balances from local ASAPs. The proposed language would also (i) specify how reserve funds must be maintained and accounted for, (ii) require each local ASAP to specify a target reserve balance, and (iii) require local ASAPs to include reserve fund status as part of its regular financial reporting to the Commission. 24VAC35-80-70 are amended to address the role of fiscal agents. In addition, late fees would be added for local ASAPs that fail to remit the state share fee payment owed from each monthly financial report within 30 days of the due date of the monthly financial report. 24VAC35-80-80 are amended to (i) address the role of the fiscal agent localities and (ii) remove language pertaining to requests for allocation of commission funds, which would be covered in 24VAC35-80-55. 24VAC35-80-150 are newly added to address the third enactment clause of Chapters 686 and 687, which directed the commission to promulgate regulations to include, procedures for the collection and reporting of data necessary for statewide performance monitoring. In addition, the commission seeks to make the following amendments to implement other statutory requirements: 24VAC35-80-100 is amended to add the specific steps to be taken when a local ASAP is decertified. These changes largely mirror the provisions of § 18.2-273.7 of the Code of Virginia with additional detail pertaining to the implementation of those provisions. The absence of a locality serving as fiscal agent would be added as grounds for suspension or revocation of certification, as would a violation of the new conflict of interest section summarized below. 24VAC35-80-110 requires any local ASAP case manager or other local ASAP employee who is designated to provide probation and related services to take an oath of office as required by § 18.2-273.8 of the Code of Virginia. The commission also seeks to make the following discretionary amendments that are broadly intended to strengthen the integrity of program operations: 24VAC35-80-120 is significantly revised to (i) include specific physical and electronic security measures to be followed for case files, (ii) address actions to be taken if unauthorized access occurs, (iii) require employees to sign a written confidentiality agreement upon hire and annually thereafter. 24VAC35-80-125 is newly added to address conflicts of interest for local ASAP employees or policy board members, including required disclosure, prohibited acts, and consequences for failures to disclose conflicts or engaging in prohibited acts. 24VAC35-80-140 is amended to add specific requirements for local ASAP directors to demonstrate competency, be evaluated annually, and to attend a minimum of 50% of quarterly commission meetings on an annual basis. In addition, a 30-day deadline would be added for local ASAP employees who seek to request an agency hearing if their VASAP Certification Letters have been denied, revoked, suspended, or terminated; the proposed amendments would also specify that the request would have to be in writing and directed to the executive director. Lastly, a provision would be added allowing the executive director to revoke a VASAP Certification Letter for failure to successfully pass the VASAP Certification Exam with a minimum score of 80%. 24VAC35-80-160 is newly added to establish requirements governing the approval, listing, monitoring, and removal of treatment service providers from the commission treatment service provider directory. Treatment providers would be required to maintain all required licenses and certifications, comply with applicable federal and state law and professional standards, use the required case management system and provide the required documentation. These additions largely reflect current practice.⁴

Estimated Benefits and Costs. Virginia local ASAP network provides court-related monitoring, education, assessment, intervention, treatment referral, ignition-interlock monitoring, and related services to 20,000-22,000 participants annually. The proposed amendments are intended to strengthen the financial sustainability and operational integrity of the local ASAPs. These changes would indirectly benefit the participants who receive services; the broader public would also indirectly benefit, to the extent that these services result in safer driving on Virginia roadways. According to the report required by the 2026 legislation (see footnote 3), 10 of the 21 local ASAPs already have a fiscal agent locality. Current and prospective fiscal agent localities would benefit from being able to collect up to 10% of the local ASAP annual budget as an administrative fee, especially if it exceeds the marginal cost of performing the functions of a fiscal agent. The report shows that although this charge is not effective until January 1, 2028, the total fiscal agent fees based on current fiscal year 2027 budgets would be up to $1.4 million. On the other hand, all localities would now be responsible for at least some portion of the budget of the local ASAP. Multi-jurisdictional local ASAPs would need to determine a methodology for allocating their expenditures (after any revenues from fees) across the localities they serve, and those local governments would need to appropriate the required funds. These changes would necessarily create new costs for local governments, but those costs are yet to be determined and would be attributed to the statutory changes rather than this regulatory action. Discretionary changes in section 140 could create costs for local ASAPs, specifically the directors and other staff. Requirements regarding commission meeting attendance, the addition of a 30-day limit to request an agency hearing following the denial of certification, and the risk of having certification revoked for not attaining a passing score on the VASAP Certification Exam could create new costs. Other discretionary changes pertaining to confidentiality, conflicts of interest, and approval of providers do not contain new requirements and are not expected to create any costs. However, including this language in the regulation would benefit the affected parties by providing clarity and consistency.

Businesses and Other Entities The proposed amendments would directly affect 21 local ASAPs, including their staff; all local governments in Virginia, including current and prospective fiscal agents; and 307 treatment service providers who are currently listed in the provider directory, as well as providers that seek to be added to the directory in the future. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁵ An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.⁶ Although local governments would likely face increased costs, these costs result from the legislative mandate and not from this regulatory action. However, discretionary changes with new requirements for local ASAPs could result in additional costs. Thus, an adverse impact for local ASAPs is indicated.

Small Businesses⁷ Affected.⁸ Although no data are available, most of the 307 treatment service providers likely meet the definition of a small business. Treatment service providers that are small businesses would benefit from greater clarity and transparency regarding the requirements for inclusion in the provider directory. Treatment service providers are not expected to face any new costs because of the proposed changes.

Localities⁹ Affected.¹⁰ The legislation requires all 21 local ASAPs to have a fiscal agent locality; 10 local ASAPs already have a fiscal agent locality, and 11 more will be designated by the statutory deadline of January 1, 2028. In addition, localities will need to provide funding to support the local ASAP that serves them; these appropriations will be determined for fiscal year 2028 as this requirement also goes into effect January 1, 2028.

Projected Impact on Employment. The proposed amendments are not expected to affect employment.

Effects on the Use and Value of Private Property. The proposed amendments would not affect the use and value of private property. The proposed amendments do not affect real estate development costs.

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¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² The fiscal agent locality would be responsible for (i) conducting transactions and accounting for the local ASAP funds, (ii) serving as the employer of record for local ASAP personnel, and (iii) providing payroll and benefits administration, and human resources functions for the local ASAP. The legislation also authorized the fiscal agent to collect up to 10% of the commission-approved annual budget for the local ASAP for the administration of such services.

³ See https://vasap.virginia.gov/wp-content/uploads/2026/09/Long-Term-Sustainability-of-Virginias-Local-Alcohol-Safety-Action-Programs.pdf.

⁴ See https://s80.esserver.com/VASAPTreatmentDirectory/ and https://vasap.virginia.gov/provider-portal/.

⁵ Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁶ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁷ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁸ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁹ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

¹⁰ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The Commission on the Virginia Alcohol Safety Action Program concurs with the content of the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

The proposed amendments (i) clarify program definitions and organizational structures; (ii) establish and define the role of fiscal agent localities; (iii) update local policy board governance and accountability requirements; (iv) strengthen financial management, reserve fund, audit, and reporting standards; (v) establish procedures governing local government funding obligations and supplemental funding requests; and (vi) clarify certification, employee conduct, privacy, and conflict-of-interest requirements.

24VAC35-80-10. Definitions.

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.

"ASAP" means an alcohol safety action program established by the commission or any county, city, town, or any combination thereof, as provided in § 18.2-271.1 of the Code of Virginia, for the purposes of providing probation, education, and rehabilitation services for individuals referred to the program by the court, the DMV, or any other commission-approved referral source.

"Annual meeting" means a meeting of the local ASAP policy board designated in the bylaws for the purpose of electing officers and filling expired member terms that is open to the public in accordance with state and federal Freedom of Information Act laws.

"Approved treatment provider" means a treatment provider approved for inclusion in the commission treatment provider directory.

"ASAP Code of Conduct" means a standard of ethics for all local ASAP employees.

"ASAP director" means the person who provides supervisory, managerial, or oversight of an alcohol safety action program.

"Budget" means a written financial plan for expenditures of a program for a given period of time that is subject to approval by the commission.

"Case Management Operational Guidelines" means a manual, created by the commission, establishing case management policy and procedure guidelines.

"Case management system" means the electronic system designated by the commission for the exchange of information between local ASAPs, approved treatment providers, and any other entity approved by the executive director.

"Certification" means the process of certifying local ASAPs as set forth in the Commission on VASAP Certification Manual or the process for certifying local ASAP employees to provide local ASAP services in the Commonwealth of Virginia and to local ASAP offenders residing out of state.

"Commission" means the Commission on Virginia Alcohol Safety Action Program or its designee.

"Commission on VASAP Certification Manual" means The the Commission on the VASAP Certification Manual, version January 3, 2023 June 5, 2026, a manual required by § 18.2-271.2 § 18.2-273.3 of the Code of Virginia to be created by the commission, which evaluates an a local ASAP for its organization management, fiscal standing, and overall operation.

"Community service board" means a community service board as established by Chapter 5 (§ 37.2-500 et seq.) of Title 37.2 of the Code of Virginia.

"Conflict of interest" means any financial, professional, contractual, personal, or business interest that may reasonably be expected to impair independence of judgment, create preferential treatment, result in financial gain, or undermine public confidence in the administration of a local ASAP.

"DMV Department" means the Virginia Department of Motor Vehicles.

"Executive director" means the executive director of the commission.

"Executive finance committee" means the advisory subcommittee of the commission, composed of the executive director of the commission, two commission members, and such other persons as the commission may designate, that is authorized to take action on behalf of the commission for a period not to exceed 90 days in matters of program certification, suspension, or related fiscal oversight.

"Fiscal agent locality" means the county, city, or town, pursuant to § 18.2-273.6 of the Code of Virginia, that serves as the financial and human resources administrator for a local alcohol safety action program.

"Local alcohol safety action program" or "local ASAP" means a program established pursuant to § 18.2-273.4 of the Code of Virginia that provides probation, education, and rehabilitation services for persons referred by a court, the department, or any other source approved by the commission.

"Local ASAP director" or "ASAP director" means a local ASAP employee responsible for the supervisory, managerial, and operational oversight of a local alcohol safety action program, including supervision of local ASAP employees, fiscal and budgetary management, and compliance with commission standards and regulations. The term includes any individuals serving in an interim, acting, or deputy capacity.

"Local ASAP employee" or "ASAP employee" means any individual employed, appointed, assigned, detailed, or otherwise engaged by a local alcohol safety action program to perform any duties or service on behalf of, in support of, or under the authority of the local ASAP, regardless of title, classification, funding source, compensation method, schedule, or work location. The term includes full-time, part-time, temporary, probationary, seasonal, intermittent, acting, or detailed personnel and encompasses administrative, supervisory, managerial, executive, operational, compliance, financial, technical, and support roles. The term specifically includes any individual serving as ASAP director, interim director, acting director, deputy director, or in any equivalent leadership or oversight capacity. Any employee whose duties include, in whole or in part, responsibilities for a local ASAP is deemed an ASAP employee for certification and regulatory purposes. The term excludes instructors, interns, or facilitators who provide services solely as independent contractors under a written contract and who are not otherwise employees of the local ASAP and any policy board member.

"Policy board" means an the local independent ASAP policy board that is advisory in nature, chosen and operated in accordance with procedures promulgated by the commission established pursuant to § 18.2-273.5 of the Code of Virginia to provide local governance, budget approval, and initial approval and work in consultation with the fiscal agent of the local ASAP regarding employee matters of a certified local alcohol safety action program.

"Regional leadership team" means a regional team, established by the executive director, charged with assisting local ASAPs in achieving and maintaining commission certification requirements.

"Revenues" means any fee due to or collected by an a local ASAP for services provided by the local ASAP.

"Supplemental or emergency funding" means funds allocated by the commission pursuant to § 18.2-273.4 D of the Code of Virginia to ensure the continued operation or re-establishment of a local alcohol safety action program experiencing financial hardship or other circumstances that threaten service continuity.

"Target collection rate" means a rate of collection by an a local ASAP of offender fees in any given time period equal to or greater than 90% of offender fees owed to the program for services provided during the same given time period. The given time period shall be established by the commission.

"Third-party provider" means any individual or entity that provides services to local ASAP-referred participants, including treatment, ignition interlock, remote alcohol, and intelligent speed assistance service providers or manufacturers and any vendor receiving referrals, payments, or participants from a local ASAP.

"Treatment provider" means an individual, agency, or organization licensed to provide substance use disorder assessment, education, or treatment services to offenders referred by local ASAPs.

"Treatment provider directory" means the commission's directory of approved treatment providers used by local ASAPs to facilitate referrals for assessment and treatment services with the offender selecting the provider.

"VASAP" means the Virginia Alcohol Safety Action Program.

"VASAP Certification Exam" is means a commission-created certification exam that is administered by the commission to local ASAP employees and is part of the application process for individuals seeking a VASAP Certification Letter to perform local ASAP services in the Commonwealth of Virginia and for local ASAP offenders residing out of state. Successful completion of the exam requires a score of 80% or higher.

"VASAP Certification Letter" means a certification letter issued by the commission verifying certification as required by § 18.2-273.8 of the Code of Virginia to any eligible local ASAP employee authorizing the employee to perform local ASAP-related duties in the Commonwealth of Virginia. Local ASAP-related duties include management of cases, administrative functions, courtroom testimony, supervision of employees, program management, or any other duty determined by the commission. The letter shall be issued in a format and method determined by the commission.

24VAC35-80-40. Alcohol Local alcohol safety action program administrative structure and accessibility.

A. Alcohol Local alcohol safety action programs shall consist of, at a minimum, an a local ASAP director, staff deemed necessary by the commission, and the local policy board to efficiently accomplish all duties of the program.

B. Local ASAPs shall be accessible to the public for all local ASAP-related services during days and times established by the commission. The commission shall determine the method of accessibility.

C. Local ASAPs that incur a pattern of verified sub-standard customer service complaints resulting in the use of commission resources, including rental vehicle expenses, fuel, labor hours, and office supplies, may be billed by the commission for any of the aforementioned accrued expenses in their entirety. Local ASAPs that are billed by the commission for reimbursement under this section shall remit a payment to the commission within 30 days of the date of the invoice sent by the commission to the local ASAP unless otherwise approved by the executive director.

24VAC35-80-50. Alcohol Local alcohol safety action program policy boards.

A. Each local ASAP shall operate under the direction of a local independent policy board, advisory in nature, chosen in accordance with procedures approved and promulgated by the commission. The local policy board shall review and approve annual program budgets, participate with the fiscal agent in hiring and firing of the program director and other personnel, and meet as required by this section.

B. The policy board shall consist of five to 15 members. The governing bodies of each participating jurisdiction shall appoint one member for a term of three years. The remaining members shall be elected for a term of three years by majority vote of those members selected by each represented locality unless these appointments are the first appointments to the policy board.

C. Upon initial appointment of a policy board, one-third of the members shall be appointed for one year, one-third of the members shall be appointed for two years, and one-third of the members shall be appointed for three years. Local ASAP employees shall not serve as a member of the policy board outside of an ex officio capacity.

D. The policy board members not appointed by the governing bodies of represented jurisdictions, at the discretion of the policy board, shall be selected from the Bar Association, law enforcement, and education and treatment professionals, at a minimum.

E. The designated terms of office for each member may be modified if approved by the commission.

F. Policy board vacancies shall be filled by a majority vote of the remaining policy board members from the nomination of other policy board members and the participating governing bodies of the jurisdiction.

G. Policy board members shall be selected by the commission in situations where the locality cannot agree on policy board member selections.

H. The officers of the policy board shall consist of a chairperson and such subordinate officers as the policy board may elect or appoint. Each policy board (i) shall include at least one Commonwealth attorney member, a defense attorney member who practices DUI law, a law-enforcement member, and a behavioral health local community service board member and (ii) may appoint a local sitting or retired District Court district court judge who regularly hears or heard cases involving driving under the influence and is familiar with local alcohol safety action programs. Members shall serve without compensation. The offices of the chairperson, and vice-chairperson if one is elected, shall be held by members from different participating jurisdictions. The policy board chair is subject to final confirmation approval by the executive director. Individuals serving in a policy board chair capacity prior to June 21, 2023, shall apply to the executive director for approval to remain in their current position within 30 days of June 21, 2023.

I. Excluding the original officers, who shall be elected at the second meeting after the formation of the board, each officer shall be elected at the annual meeting of the board to serve a term of three years. Terms of office shall not be modified without commission approval. Vacancies occurring in any office shall be filled by the board for the unexpired term.

J. Election of officers requires that a majority of policy board members be present and voting in order to be valid. Members who are unable to attend may vote in any election by letter directed to the chairman and delivered prior to, or at, the meeting. At the regular meeting of the policy board immediately preceding the annual meeting, the chairman shall appoint a nominating committee, which shall present to the policy board at its annual meeting a slate of nominees for election as officers and a slate of nominees to fill any policy board vacancies. All policy board members and officers shall take office on the first day of the month following their election and shall serve until their successors take office. No officer shall serve more than two consecutive terms in office.

K. The annual meeting of the board is that meeting so designated in the bylaws for the purpose of electing officers and filling expired member terms and shall be open to the public.

L. K. Regular meeting of the policy board shall be held quarterly. Special meetings may be called at the policy board's pleasure. The policy board is required to provide notice to the public of all meetings as required by state and federal Freedom of Information Act laws. If a policy board fails to meet as required, the commission may reconstitute or replace the policy board, appoint interim members, or implement any other corrective action the commission deems necessary.

M. L. The policy board or its executive committee may go into executive session when legally appropriate.

N. M. Policy board meetings shall adhere to state and federal Freedom of Information Act laws.

O. N. The policy board may change the date and time of any regular meeting at any prior meeting and may adjourn any meeting to another place if notice of the change is provided in adherence to state and federal Freedom of Information Act laws.

P. O. Two-thirds attendance of the policy board membership shall constitute a quorum for any policy board meeting.

Q. P. The commission may merge, reconstitute, disband, or regionalize a policy board in instances where the commission is merging or regionalizing the local ASAP in which the policy board provides oversight.

Q. Policy board members charged with a class 1 misdemeanor or felony shall be immediately suspended from the policy board, with voting privileges revoked, until the charge is adjudicated. The executive director will advise the appointing authority of the suspension and will collaborate with the appointing authority to determine the member's eligibility to be reinstated. The commission retains the right to determine continued program certification should policy board members be deemed inappropriate to serve.

R. Effective January 1, 2028, each local ASAP shall have written bylaws governing the operation of its policy board and the internal affairs of the program. Current or proposed bylaws and any amendments shall be submitted to the local ASAP's fiscal agent for prior approval to adoption by the policy board. Following fiscal agent approval, bylaws and amendments shall be adopted. Bylaws shall not conflict with commission regulations. Any provision that conflicts with commission regulations or directives shall be void to the extent of the conflict. Bylaws not approved by this date shall not be considered in effect until approved by the local ASAP's fiscal agent.

S. Policy board members are expected to attend all regular and special meetings of the policy board. A policy board member shall be absent no more than two regular policy board meetings in the calendar year. A policy board member who anticipates absence from a third or subsequent meeting within the same calendar year shall request approval in advance from the appointing authority. The executive director reserves the right to request removal of any policy board member who accumulates three or more absences in a calendar year without prior approval from the appointing authority. Local ASAP policy board meeting minutes shall be submitted to the commission on a quarterly basis.

24VAC35-80-55. Local government funding and fiscal agent obligations.

A. The provisions of this section are promulgated pursuant to §§ 18.2-273.4 and 18.2-273.6 of the Code of Virginia and shall become effective January 1, 2028.

B. Each county, city, or town that has established or jointly participates in a local ASAP shall provide financial support necessary to sustain the operations of the local ASAP in accordance with the requirements of this section.

C. Each local ASAP shall submit an annual budget to the commission pursuant to 24VAC35-80-80. The budget shall identify:

1. Projected program revenue derived from offender fees and other authorized sources;

2. Projected operational expenditures necessary to maintain program services;

3. Current reserve balances; and

4. Any anticipated funding shortfall for the upcoming fiscal year.

Following approval of the annual budget by the commission, each local ASAP shall determine the local funding requirement, which shall equal the commission-approved annual budget minus projected revenues and available program reserve funds. Reserves include all unexpended revenue to include money in operational accounts, certificates of deposit, or any other asset the commission determines as unexpended revenue. A local ASAP seeking to receive funding from any municipality shall submit a request to the executive director for approval before such request. The request shall be submitted in a format established by the executive director. The executive director will notify the local ASAP director and policy board chair in writing of the final decision.

D. For a local ASAP serving a single jurisdiction, the participating locality shall provide financial support necessary to fund the commission-approved budget after projected revenues are applied. For a local ASAP serving multiple jurisdictions, participating localities shall provide financial support sufficient to meet the local funding requirement in accordance with a written funding agreement approved by the commission.

E. A local ASAP serving more than one locality shall maintain a written funding agreement among all participating localities that establishes the methodology for allocating program operational costs. The funding agreement shall:

1. Define the methodology used to allocate financial responsibility among participating jurisdictions;

2. Identify the fiscal agent locality responsible for financial administration;

3. Establish procedures for annual review of funding obligations; and

4. Be submitted to the commission for review and approval as a condition of program certification.

The commission shall review the funding agreement to ensure the cost allocation methodology equitably distributes program costs among participating jurisdictions.

F. Unless otherwise approved by the commission, the cost allocation methodology for a multi-jurisdiction local ASAP shall be based upon the proportion of program referrals originating from each participating locality during the preceding fiscal year. The financial share attributable to each participating locality shall be calculated by multiplying the total local funding needed by the program by the number of the locality's referrals into the local ASAP divided by the number of total referrals into the local ASAP for the same time period. Alternative allocation methodologies may be approved by the commission if the participating jurisdictions demonstrate that the methodology equitably distributes program costs. Such methodologies may include factors such as population, historical utilization, or other measurable program demand indicators.

G. Upon determination of the funding requirement and allocation of financial responsibility, the local ASAP shall provide written notice to each participating locality and to the commission. The notice shall include:

1. The commission-approved program budget;

2. Projected program revenues;

3. The calculated funding requirement;

4. The cost allocation methodology used; and

5. The funding share attributable to each locality.

Participating localities shall provide financial support through annual appropriations in the locality's local budget or through other funding mechanisms agreed to by the participating jurisdictions.

H. The commission may authorize supplemental or emergency funding when a local ASAP demonstrates that extraordinary and unforeseen circumstances threaten the continuation of mandatory local ASAP services within the affected jurisdiction. Circumstances that may constitute emergency funding include:

1. Sudden and substantial revenue loss not attributable to poor fiscal planning;

2. Natural disaster or declared emergency affecting program operations;

3. Loss of fiscal agent support;

4. Unanticipated facility loss or critical infrastructure failure; and

5. Other circumstances determined by the commission to threaten service continuity.

The existence of a projected budget deficit alone shall not constitute an emergency. Failure or refusal of a participating locality to provide financial support required pursuant to § 18.2-273.4 of the Code of Virginia shall not, by itself, constitute an emergency for purposes of commission supplemental or emergency funding. A local ASAP requesting supplemental or emergency funding shall demonstrate that it has taken reasonable and documented steps to secure required local funding and enforce any commission-approved funding agreement.

I. No local ASAP shall be eligible to request supplemental or emergency funding from the commission unless it has:

1. Maintained a collection rate at or above the target collection rate for a period of 12 consecutive months;

2. Demonstrated compliance with approved funding agreements; and

3. Demonstrated reasonable fiscal planning and management.

Nothing in this subsection shall prohibit the commission, in its discretion, from providing temporary funding necessary to prevent interruption of mandatory services while corrective action is pursued. The commission shall retain sole discretion in determining eligibility, amount, duration, and conditions of supplemental or emergency funding.

24VAC35-80-60. Alcohol Local alcohol safety action program revenues.

The commission shall be empowered to collect unexpended revenue from local ASAPs in the commission's duties to establish and ensure the maintenance of minimum standards and criteria for program operations and performance, accounting, auditing, public information, and administrative procedures for the various alcohol safety action programs and oversight of the administration of the local statewide VASAP system. In instances where the commission intends to collect unexpended revenue from a local ASAP, the commission shall provide the local ASAP a 30-day notice of the amount of unexpended revenue to be collected and the date of collection by the commission. Once notice of the collection amount and date is given to the local ASAP by the commission, the local ASAP shall release the total amount of the unexpended revenue cited by the commission to the commission within 15 calendar days of the collection date provided by the commission. The payment method shall be established by the commission.

A. Local ASAPs shall maintain reserve funds and operational accounts in a manner that ensures fiscal integrity and accountability. All reserve funds must be deposited in a financial institution that is insured by the Federal Deposit Insurance Corporation (FDIC). Local ASAPs shall not accept cash payments from clients under any circumstances; all payments must be made through traceable and auditable methods as approved by the commission. Additionally, no local ASAP director or program staff shall establish, modify, or maintain any banking or financial account on behalf of the program without the prior written approval of the assigned fiscal agent. These requirements are intended to safeguard public funds, ensure transparency in financial operations, and maintain compliance with applicable state and federal financial management standards.

B. Reserve funds shall be maintained at levels sufficient to ensure the continuity of operations during periods of revenue disruption, unexpected expenditures, or emergencies. Each local ASAP shall establish a target reserve balance, expressed as a minimum number of months of operating expenses, as approved by the executive director. Any reserve levels exceeding or falling below the approved thresholds must be justified in writing and approved by the assigned fiscal agent. Reserve funds shall not be used for routine operating expenses except in circumstances where necessary to maintain program stability, and such use must be documented and reported in accordance with requirements of the executive director.

C. All reserve funds shall be fully accounted for within the program's official financial records and subject to the same internal controls, reconciliation procedures, and audit standards as operating funds. Local ASAPs shall perform regular reconciliations of operational and reserve accounts, at a minimum, on a monthly basis, and such reconciliations shall be reviewed and approved by appropriate supervisory personnel or the fiscal agent. Reserve activity, including deposits, withdrawals, and transfers, must be clearly documented and retained in accordance with applicable retention policies.

D. Withdrawals or transfers from reserve funds shall require prior authorization in accordance with established approval thresholds set by the commission and the assigned fiscal agent. At a minimum, any use of reserve funds must be supported by written justification, demonstrate a clear programmatic need, and receive documented approval from the fiscal agent or other designated authority. Under no circumstances shall reserve funds be used for personal benefit, unauthorized expenditures, or activities outside the scope of the local ASAP's mission.

E. Local ASAPs shall not invest reserve funds in speculative, high-risk, or nonsecure financial instruments. Any investment of reserve funds must prioritize preservation of principal, liquidity, and safety and must comply with applicable state laws and commission policies governing public funds. Permissible investments, if any, must be explicitly approved by the executive director and the assigned fiscal agent.

F. Each local ASAP shall include reserve fund status as part of its regular financial reporting to the commission. Reports shall include current reserve balances, any changes during the reporting period, and explanations for significant fluctuations. The commission reserves the right to impose corrective actions, required reserve replenishment plans, or restrict the use of funds if a local ASAP fails to comply with reserve requirements or demonstrates financial mismanagement.

24VAC35-80-70. Alcohol Local alcohol safety action program audits and financial records.

A. Financial records shall be subject to local, state, and federal audits and shall be maintained in an orderly fashion using generally accepted accounting principles and shall be retained per the Library of Virginia retention schedule.

B. An annual income statement shall be submitted to the commission by August 1 of each calendar year.

C. Monthly financial reports shall be submitted to the commission and, for any program that has a designated fiscal agent, to the fiscal agent, by the 15th calendar day of the following month. Effective January 1, 2028, all programs shall have a fiscal agent, and approval shall require the concurrence of both the commission and the program's fiscal agent. Local ASAPs that fail to send in their monthly financial report by the 15th calendar day of the following month shall pay the following daily late fees to the commission, unless otherwise approved by the commission:

1. $25 daily late fee for the first five calendar days in which the monthly financial report is not received by the commission; and

2. $100 daily late fee for any calendar days after the first five days in which the monthly financial report is not received by the commission.

Local ASAPs that are more than 15 calendar days late in submitting the prior month's financial report may be decertified by the commission.

D. All local ASAP financial reports, to include monthly financial reports, budgets, or any other financial report required by the commission, shall be submitted to the commission and, for any program that has a designated fiscal agent, to the fiscal agent, via a method established by the commission. A daily financial reconciliation shall be completed every calendar day, including weekends and holidays. Reconciliations for days on which the program is closed shall be completed no later than the next business day unless otherwise approved by the executive director. Each reconciliation shall be completed in a format, contain such information, and be submitted to the commission and, for any program that has a designated fiscal agent, to such fiscal agent by a method established by the executive director. Effective January 1, 2028, all programs shall have a fiscal agent, and financial reports shall be sent to both the commission and the fiscal agent for all programs.

E. Local ASAPs are required to remit the state share fee payment owed from each monthly financial report to the commission no later than 30 days from the monthly financial report's due date established in subsection C of this section. Any local ASAP failing to meet this requirement shall pay from local ASAP fees the following daily late fees to the commission, unless otherwise approved by the commission:

1. $25 daily late fee for the first five calendar days in which the monthly financial report state share fee payment is not received by the commission; and

2. $100 daily late fee for any calendar days after the first five days in which the monthly financial report state share fee payment is not received by the commission.

Local ASAPs that fail to submit required financial reports in accordance with the timelines established in this subsection shall be subject to monetary penalty as prescribed by this subsection. In addition, for any local ASAP that has a designated fiscal agent, the fiscal agent shall be required to appear before the commission's executive finance committee and present a corrective action plan addressing the deficiencies in financial reporting, including specific measures to ensure compliance within 90 days. The fiscal agent shall implement the approved corrective action plan and demonstrate timely improvement. If the local ASAP fails to achieve compliance within the 90-day period, the fiscal agent, if one has been designated, and the local ASAP shall be required to appear before the commission at its next scheduled meeting to address the continued noncompliance. At that time, the commission may take further action, including decertification of the local ASAP. Effective January 1, 2028, when each ASAP is required to have a designated fiscal agent, the requirements of this section shall apply to both the local ASAP and its fiscal agent for all programs.

F. Local ASAPs shall be subject to an annual financial audit conducted by an independent auditor selected and retained by the commission at the commission's expense. Each local ASAP is required to maintain complete, accurate, and audit ready financial records, internal records, and supporting documentation in accordance with applicable state policies and general accepted accounting principles. In the event that the local ASAP is determined by the commission or its contracted auditor to be unprepared for the scheduled audit, resulting in additional audit procedures, extended field work, delays, or other unanticipated costs, any such incremental expenses occurred beyond the standard audit scope shall be the responsibility of, and reimbursed by, the local ASAP to the commission. Failure to cooperate fully with the audit process or to maintain adequate records may result in further administrative action as deemed appropriate by the commission.

24VAC35-80-80. Alcohol Local alcohol safety action program budgets and requests for allocation of commission funds.

A. Local ASAPs are required to submit annual budgets to the commission via a method approved by the commission by May 1 of each calendar year for approval by the commission. Effective January 1, 2028, budgets shall be approved by the local ASAP's fiscal agent prior to submitting to the commission for approval. Submitted budgets shall include all information required by the commission along with the prior year's collection rate. Budgets submitted by local programs with collection rates below the target collection rate are subject to a reduction in the approved budget amount by a percentage equal to the target collection rate minus the actual collection rate.

B. The commission may reduce the approved budget amount for any local ASAP budget by the total salary amount of any employee included in the budget who does not possess a valid VASAP Certification Letter or for any delinquent local ASAP administrative and state share fees owed to the commission.

C. Local ASAPs may use a local political subdivision as a fiscal agent if approved by the commission. Effective January 1, 2028, as a condition of certification by the commission, each local ASAP shall designate a county, city, or town for which it serves to act as its fiscal agent locality. Any desired change in fiscal agent by an a local ASAP shall be submitted to the executive director for approval at least 60 days prior to the desired date of change.

D. In instances where an unforeseen circumstance occurs, which requires a budget amendment, the local ASAP may submit the budget amendment to the commission clearly identifying the circumstances and the dollar amount of the budget amendment change requested. The commission executive director shall respond to the local ASAP on the approval status of the budget amendment within 30 calendar days.

E. In instances where an ASAP is requesting an allocation of commission funds, the ASAP is required to submit a commission-approved application detailing the reason for the allocation of commission funds request along with other commission-requested financial information. ASAPs that own buildings that possess a collection rate below the target collection rate or possess the financial means to fund operations more than six months into the future, factoring in a zero-revenue sum over the same period of time, are ineligible to apply for an allocation of commission funds from the commission. ASAP requests to the commission for an allocation of commission funds are subject to commission approval. ASAPs that receive substantial financial contributions from their localities and have received these contributions for a substantial period of time prior to their request for an allocation of commission funds, may be eligible for an allocation of commission funds if approved by the commission. Substantial financial contributions and substantial period of time shall be determined by the commission.

24VAC35-80-90. Alcohol Safety Action Program Local alcohol safety action program certification.

A. The commission shall be empowered to certify, decertify, regionalize, reorganize, or merge local ASAPs, including their finances and personnel, to establish and ensure the maintenance of minimum standards and criteria for program operations and performance, accounting, auditing, public information, and administrative procedures for the various local ASAPs and shall be responsible for overseeing the administration of the statewide VASAP system.

B. Local ASAPs shall adhere to the certification process and procedures for certifying local ASAPs as established in the Commission on VASAP Certification Manual and maintain the required certification standards of the commission at all times.

C. Local ASAPs shall be certified, at a minimum, at least every three years.

D. If an a local ASAP is found to be out of compliance during certification, the local ASAP shall complete an action plan within 10 days of notice of any compliance issue citing the procedures to be implemented to attain compliance. The commission shall conduct a secondary review to validate the corrective action has occurred and make a recommendation for certification if the local ASAP has resolved all outstanding noncompliance issues in a satisfactory manner. If noncompliance issues remain, the local ASAP's conditional certification may be extended or their its full certification may be revoked by the commission.

E. An A local ASAP may submit a waiver in writing to the commission of certification standards that are impacted directly by staffing issues or emergency declarations. An exemption may be granted from a specific local ASAP certification requirement or any part thereof of a requirement by the executive director.

F. The executive director may, at the executive director's discretion, establish or conclude a regional leadership team to assist local ASAPs in achieving and maintaining commission certification standards. The executive director shall establish the members, duties, process, and procedures of the regional leadership team.

G. Local ASAPs that fail to meet certification standards set forth in the Commission on VASAP Certification Manual may be conditionally certified by the commission permitting the local ASAP to continue to receive referrals from the courts and provide services for DMV department administrative cases. Local ASAPs that have been conditionally certified shall remain conditionally certified pending review at the next commission meeting.

24VAC35-80-100. Suspension or revocation of certification of an Alcohol Safety Action Program a local alcohol safety action program.

A. The executive finance committee, for a period not to exceed 90 days, may suspend certification of an a local ASAP for the following reasons, including:

1. When an a local ASAP knowingly violates any state or federal law;

2. When an a local ASAP violates any requirements of the Commission on VASAP Certification Manual;

3. When an a local ASAP abuses access to the DMV department system or any system created or co-created by the commission and provided to the local ASAPs by the commission for use;

4. When an a local ASAP consistently fails to adhere to the case management operational guidelines;

5. When an a local ASAP violates law or commits an unethical act that negatively impacts the integrity of the state VASAP system;

6. When there is a pattern of local ASAP noncompliance or customer service issues;

7. When the local ASAP or an the local ASAP's policy board impedes, interrupts, disrupts, or negatively impacts an investigation conducted by the commission of the local ASAP related to customer service issues, a violation of law, financial discrepancies of any form, unethical acts, or any complaint brought forward by a third party;

8. When an a local ASAP attempts to conceal any source of income or financial assets owned by or in control of in whole or in part by the local ASAP;

9. When an a local ASAP uses a treatment service provider that is not on the state approved treatment provider list without prior approval from the commission;

10. When an a local ASAP fails to cooperate, in any way, with the regional leadership team; or

11. When an a local ASAP fails to abide by the recommendations of the regional leadership team;

12. When a local ASAP fails to designate and maintain a valid fiscal agent locality in compliance with § 18.2-273.6 of the Code of Virginia; and

13. When a local ASAP violates any conditions set forth in 24VAC35-80-125 pertaining to conflicts of interest, disclosures, prohibited relationships, or facility use.

The provisions of subdivision A 12 of this section shall become effective January 1, 2028.

B. If a suspension of an a local ASAP occurs by the executive finance committee, the executive director may:

1. Prohibit the suspended local ASAP from receiving any court referrals or from providing services for DMV department administrative cases during the suspension period.

2. Eliminate local ASAP access to the DMV department system or any system created or co-created by the commission and provided to the local ASAP by the commission for use.

C. In cases where the certification of an a local ASAP is suspended, the local ASAP shall continue to provide services for all referrals received prior to the suspension date unless otherwise desired by the commission. The local ASAP will not be permitted to receive referrals from the court or provide services for DMV department administrative cases during the period of suspension unless otherwise approved by the commission.

D. In cases where an local ASAP decides to dissolve on its own accord, the local ASAP shall continue to provide services for all referrals received up until the date the local ASAP communicates to the commission its intent to dissolve. The local ASAP shall continue services for these referrals until all referrals are completed in a satisfactory manner as determined by the commission.

E. Local ASAPs that fail to meet the certification standards set forth in the Commission on VASAP Certification Manual and are not conditionally certified by the commission pursuant to 24VAC35-80-90 G shall have their certification revoked and shall be prohibited from receiving referrals for service from any court or providing services for DMV department administrative cases indefinitely unless otherwise approved by the commission. If the certification of an a local ASAP is revoked, the local ASAP shall be responsible for the continued monitoring of referrals received and all duties normally entailed prior to the revocation of certification until all referrals are properly managed and permanently closed, unless otherwise approved by the commission.

F. Upon issuance of a final order of decertification by the commission, the decertified local ASAP shall immediately cease expending program funds, excluding payroll and employee benefits, taxes owed, and any other funds expressly authorized in writing by the commission. The local ASAP shall not incur new financial obligations, enter into contract, transfer or encumber assets, or otherwise dispose of funds or property. The effective date of decertification shall trigger the mandatory transfer and reversion provisions set forth in this subsection.

G. Within three business days of the effective date of decertification, all financial accounts associated with the decertified program shall be frozen, excluding funds, property, and in-kind municipality contributions to the program, for outgoing disbursements except as authorized by the commission. The governing board or fiscal agent of the decertified local ASAP shall take all necessary action to revoke existing authorized signatories and designate individuals identified by the commission as replacement signatories where required to effectuate transfer. Within five days of the effective date of decertification, all unexpended revenues, reserve balances, and other liquid funds held by or for the benefit of the decertified local ASAP shall be transferred to an account designated by the commission by electronic transfer or other method approved by the commission. If electronic transfer is not feasible, funds shall be delivered by certified check payable to the Treasurer of Virginia. Within 10 business days of decertification, the decertified local ASAP shall provide to the commission complete financial accounting as of the date of decertification, including a balance sheet, statement of revenues and expenditures, list of accounts receivable, list of outstanding obligations, and identification of any restricted funds. Failure to comply with this section may result in civil recovery actions and referral to the Office of the Attorney General.

H. Upon decertification, all accounts receivable of the local ASAP shall be deemed assigned by operation of law to the commission. The decertified local ASAP shall provide all billing records, payment histories, and access credentials necessary to permit the commission to collect outstanding amounts. The commission may establish new remittance instructions, utilize state-approved collections mechanisms, or otherwise take necessary action to recover outstanding program fees.

I. Within five business days of decertification, the decertified program shall surrender to the commission all property acquired with program funds, including buildings, equipment, furniture, electronic systems, software licenses, contractual documents, client files, and administrative records. This property excludes funds, property, and in-kind municipality contributions to the program. Electronic records shall be transferred in a format approved by the commission to ensure continuity of services and preservation of data integrity. The commission may take immediate possession of physical premises or property where necessary to protect program assets or records.

J. All funds and assets reverted pursuant to this section shall be deposited with the Treasurer of Virginia in an account designated for the affected jurisdiction. Such funds shall be used solely for the administration of interim services, contractual service delivery, reestablishment or certification of a successor local ASAP, administrative costs of transition, and audit or compliance activities associated with the decertification. No funds shall revert to any former governing board, officer, locality, or private entity.

K. In the event a local ASAP is decertified by the commission, the executive director shall notify the chief judges and clerks of affected courts within 10 business days of decertification and shall provide updated referral instructions and contact information. Participants enrolled prior to decertification shall continue services through interim administration by the commission or through commission reassignment to an authorized provider.

L. The commission may offer temporary employment or contractual engagement to qualified former staff of the decertified program when such action is necessary to preserve continuity of services. Nothing in this section shall create an entitlement to employment. The commission may decline to retain certification for any local ASAP employee whose conduct contributed to the basis for suspension or decertification.

M. During the interim administration period, the commission shall facilitate the reestablishment or certification of a new local ASAP to serve the affected jurisdiction. The commission may solicit applications, conduct technical assistance sessions, and establish evaluation criteria addressing governance structure, fiscal integrity, staffing capacity, and ability to maintain statewide standards.

N. Interim administrative authority shall cease upon certification of a successor program or expiration of 12 months from the date of decertification, whichever occurs first, unless extended by the commission for good cause for a period not to exceed six additional months. Upon certification of a successor program, the commission shall transfer any remaining funds attributable to a jurisdiction within 10 business days and shall complete a final accounting of interim operations.

O. The commission shall maintain documentation of all actions taken pursuant to this section, including the basis for suspension or decertification, financial disposition of reverted funds, contracts executed during interim administration, service delivery metrics, and progress toward certification of a successor program. Such actions shall be reported in the commission's annual report as required pursuant to § 18.2-273.4 of the Code of Virginia.

24VAC35-80-110. Alcohol Safety Action Program Local alcohol safety action program case management processes and procedures.

A. Local ASAP employees will find processes and procedures for case management, which are important to successful local ASAP certification, via the Case Management Policy and Procedure Guidelines established by the commission. Local ASAP employees shall attend any commission-provided training via a method approved by the commission.

B. Any local ASAP case manager and any other local ASAP employee who is designated by the director of any commission-certified local ASAP to provide probation and related services shall take an oath of office before entering the duties of the designated office.

24VAC35-80-120. Alcohol Safety Action Program Local alcohol safety action program privacy and security procedures.

A. Local ASAPs shall maintain, use, disclose, store, transport, retain, and handle destroy all offender records and all other confidential information as required by in compliance with federal, state, and local guidelines and laws and any other applicable confidentiality, privacy, or records management requirements. In the event of a conflict between applicable authorities, the more protective standard shall apply.

B. ASAPs shall maintain all Access to offender case files via the applicable Library of Virginia retention schedule offender records and confidentiality information shall be limited to the minimum necessary information required to accomplish the authorized purpose.

C. The requirements of this section apply to all physical records, electronic records, databases, case management systems, digital storage media, and any other format in which confidential information is maintained.

D. Each local ASAP shall implement and maintain physical and electronic security measures for all offender case files and other confidential records. At a minimum, each local ASAP shall:

1. Store all offender case files and confidential records in locked filing cabinets or a designated locked file room when not in use by authorized personnel;

2. Restrict physical access to offender case files and confidential records to authorized employees only. A current written list of authorized employees with access to physical files shall be maintained by the local ASAP director and updated immediately of any change in access authorization.

3. Maintain a written access log documenting each instance in which a physical file is removed from its primary secure storage location, including the date of the removal, name of the accessing employee, purpose of access, and date of return. Access logs shall be retained in accordance with the applicable Library of Virginia retention schedule.

4. Ensure that keys, combinations, or access credentials for locked file storage are limited to authorized personnel and are changed promptly upon the separation or reassignment of any employee with access; and

5. Prohibit the storage of case files in any location accessible to the general public, program participants, or unauthorized third parties.

E. When a physical or electronic case file must be removed from the local ASAP facility for an authorized purpose, including court appearances or commission-directed review, the removing ASAP employee shall (i) document the removal in the access log required by subsection D of this section prior to removing the file; (ii) maintain physical control of the file at all times while off site; (iii) not leave the file unattended in a vehicle, public space, or unsecured location; and (iv) return the file to its primary storage location and document the return in the access log upon return.

F. No third party, including courts, law-enforcement agencies, or other governmental entities, shall be permitted unsupervised access to physical or electronic offender case files. Any review of a file by an authorized third party shall (i) occur on site at the local ASAP facility under the direct supervision of an authorized local employee, unless required by court order or applicable law; (ii) be documented in the access log required by subsection D of this section, including the identity of the third party and the legal basis for access; and (iii) be limited strictly to information the third party is legally authorized to access.

G. All offender case files and other local ASAP records shall be retained in accordance with the applicable Library of Virginia records retention and disposition schedule. No record shall be destroyed prior to the expiration of the applicable retention period, except as authorized in writing by the commission. Records subject to an active investigation, litigation, audit, or Virginia Freedom of Information Act (§ 2.2-3700 et seq. of the Code of Virginia) request shall be retained until the matter is fully resolved, regardless of whether the retention period has expired. Nothing in this section shall be construed to authorize the retention of records longer than permitted under applicable law.

H. Upon expiration of the applicable retention period, physical or electronic offender case files and other confidential records may be destroyed in a manner that prevents reconstruction of the information. Permissible methods include cross-cut shredding, pulping, or incineration by or through a licensed records retention vendor. Disposal of confidential records in ordinary trash or recycling containers or by any method that does not prevent reconstruction of the information is prohibited.

I. Any third-party records destruction vendor shall execute a written agreement requiring compliance with all applicable federal and state confidentiality laws. Each instance of records destruction shall be documented in accordance with the Library of Virginia. Each local ASAP shall designate, in writing, a records retention officer responsible for overseeing compliance with this section and applicable Library of Virginia retention schedules. The designation shall be filed with the Library of Virginia.

J. In the event that physical or electronic files are lost, stolen, accessed without authorization, or otherwise compromised, the local ASAP director shall:

1. Take immediate steps to secure remaining records and prevent further unauthorized access;

2. Notify the commission in writing immediately upon discovery of breach, including a description of the records involved, the estimated scope of the compromise, and the steps taken in response;

3. Notify affected participants and government agencies in accordance with applicable federal and state law;

4. Conduct and document a review of the circumstances of the breach; and

5. Implement and document corrective measures designed to prevent recurrence. Incident reports shall be maintained in the local ASAP's administrative records.

K. Employees with access to offender records shall sign a written confidentiality acknowledgment upon hire and annually thereafter.

24VAC35-80-125. Conflicts of interest.

A. Any local ASAP employee or policy board member who becomes aware of an actual or potential conflict of interest shall disclose the conflict immediately via a conflict of interest disclosure statement. Disclosure shall be made in writing by a local ASAP employee to the local ASAP director who shall, upon being notified, notify the executive director and, for any program that has a designated fiscal agent, the fiscal agent. If the conflict of interest involves an ASAP director or policy board member, the policy board chair shall notify the executive director and, for any program that has a designated fiscal agent, the fiscal agent. Effective January 1, 2028, all programs shall have a fiscal agent, and the reporting requirements of this subsection shall apply to the fiscal agent for all programs. The written disclosure shall include the nature of the relationship of interest, any entity involved, any financial or compensation agreement, and the manner in which the conflict of interest may affect official duties.

B. Unless expressly approved in writing by the executive director and, for any program that has a designated fiscal agent, the fiscal agent, no local ASAP employee or policy board member shall:

1. Hold any ownership interest, employee relationship, independent contractor relationship, consulting agreement, referral fee agreement, commission-based compensation, or other financial interests in any third-party provider;

2. Accept any gift, gratuity, payment, incentive, or discount not available to the general public or thing of monetary value from a third-party provider;

3. Direct, recommend, influence, steer, or otherwise preferentially refer participants to a specific third-party provider for personal benefit; or

4. Participate in any vote, decision, recommendation, evaluation, contract review, or disciplinary matter involving any entity with which the individual has a conflict of interest.

Effective January 1, 2028, all programs shall have a fiscal agent, and financial reports shall be sent to both the commission and the fiscal agent for all programs.

C. Any individual with a disclosed conflict of interest shall immediately recuse themselves from any discussion, vote, supervision, recommendation, or decision involving the entity creating the conflict. Recusal shall be documented in writing and maintained in the local ASAP records.

D. No local ASAP shall lease, sublease, rent, or otherwise permit the use of local ASAP controlled office space or facilities by a third-party provider without prior written approval of the executive director and, if the program has a designated fiscal agent, the fiscal agent. Any request for approval shall be submitted in writing and shall include proposed lease or rental terms, compensation arrangements, duration of agreement, description of space to be used, and safeguards to prevent preferential treatment or appearance of endorsement. The executive director in coordination with the fiscal agent may deny, condition, or revoke approval if the arrangement presents an actual or perceived conflict of interest or otherwise undermines program neutrality or integrity. Effective January 1, 2028, all programs shall have a fiscal agent, and approvals described in this subsection shall be given by the commission and the fiscal agent for all programs.

E. Failure to disclose a conflict of interest or engaging in a prohibited relationship under this section may result in denial, suspension, or revocation of a VASAP Certification Letter pursuant to 24VAC35-80-140, removal from a policy board, conditional certification of a local ASAP, or suspension of local ASAP certification pursuant to 24VAC35-80-100.

24VAC35-80-130. Alcohol Safety Action Program Local alcohol safety action program personnel policies.

A. Each local ASAP employee will be provided the local ASAP Code of Conduct and a conflict of interest disclosure statement to be submitted whenever an actual or perceived conflict of interest exists or may exist.

B. Local ASAP employees, serving in any type of supervisory capacity, shall not supervise any employee, directly or indirectly, who is a spouse, partner, family member, or household member or a party deemed as a conflict of interest by the commission. "Family member" or "household member" includes any person who cohabitates with or is related by blood, marriage, or adoption For purposes of this section, "family member" means a spouse, parent, adopted or biological child, sibling, grandparent, grandchild, aunt, uncle, niece, nephew, parent-in-law, child-in-law, sibling-in-law, or first cousin. For purposes of this section, "household member" includes anyone currently cohabitating with the ASAP employee who is in a supervisory capacity.

C. Local ASAP directors shall administer in person in-person evaluations for all employees on an annual basis unless otherwise approved by the commission or, if the program has a designated fiscal agent, the fiscal agent. Effective January 1, 2028, all programs shall have a fiscal agent, and the requirements of this subsection shall apply to all programs. Employee evaluations shall be:

1. Completed by the local ASAP director or an the local ASAP-designated supervisor on an official commission evaluation form;

2. Completed for each local ASAP employee on no less than an annual basis; and

3. Signed and dated by both the local ASAP director or a supervisor-designee and the local ASAP employee who is being evaluated. In situations where an a local ASAP employee refuses to sign the evaluation, the local ASAP director or a supervisor-designee shall write "refused to sign" under the employee signature line. The local ASAP director or a supervisor-designee shall initial and date the evaluation.

24VAC35-80-140. Alcohol Safety Action Program Local alcohol safety action program employee certification, revocation, or suspension.

A. All local ASAP employees are required to possess a VASAP Certification Letter, issued by the commission verifying certification as required by § 18.2-273.8 of the Code of Virginia, in order to perform any local ASAP services in the Commonwealth of Virginia, including servicing local ASAP offenders with an a local ASAP requirement that may reside out of state. Newly hired employees, however, may perform local ASAP services for training purposes up to 90 days prior to obtaining a VASAP Certification Letter. The executive director may grant a written extension of the 90-day period for good cause shown. In order to apply for a VASAP Certification Letter, the local ASAP shall submit a completed application to the commission for approval for any local ASAP employee not in possession of a VASAP Certification Letter, excluding an a local ASAP employee who is newly hired and within the first 90 days of training. The completed application shall include submission to the commission of:

1. A complete local and national criminal history;

2. A complete driver's record; and

3. Successful completion of the VASAP Certification Exam.

Failure to submit a completed application will result in disqualification of the applicant from consideration for a VASAP Certification Letter by the commission to perform local ASAP services in the Commonwealth of Virginia or to local ASAP offenders who may reside out of state.

B. All applicants shall be required to complete a VASAP Certification Exam. Successful completion of the exam requires a score of 80% or higher. Applicants who fail to successfully complete the VASAP Certification Exam on the first attempt shall be allowed a second opportunity to successfully complete the exam. Applicants who fail to successfully complete the VASAP Certification Exam on the second attempt shall not be allowed to reapply to provide local ASAP services for the Commonwealth of Virginia or for local ASAP offenders residing out of state for six months from the date of the second failed exam. Local ASAPs shall be required to pay an administrative fee of $250 to the commission for each second and subsequent VASAP Certification Exam taken by an employee as the result of a prior failed exam by the same local ASAP employee.

C. In addition to the requirements of subsections A and B of this section, local ASAP employees who serve in an a local ASAP director capacity shall be required to successfully complete the following requirements to obtain and maintain a VASAP Certification Letter:

1. A minimum of 40 hours of The required commission-approved training via a format and location determined by the executive director; and

2. Verification of meetings conducted with stakeholders of the assigned local ASAP, to include all Circuit circuit and General District Court general district court judges along with their any clerk of court, attorney for the Commonwealth attorneys, sheriffs sheriff, and police chiefs chief, unless otherwise approved by the commission. Newly hired ASAP directors will be granted a six-month grace period to fulfill this requirement;

3. In addition to the requirements of subdivisions 1 and 2 of this subsection, an individual serving in the capacity of a local ASAP director shall demonstrate competency and satisfactory performance, as determined by the commission, in the areas of management and supervision of local ASAP staff; fiscal and budgetary management; compliance with commission standards, regulations, and policies; and integrity and accountability in program operations and cooperation with courts, law enforcement, and community partners as part of initial certification and continued certification;

4. Each local ASAP director shall be evaluated annually by the executive director or the executive director's designee per a commission-approved evaluation process to assess continued competency and satisfactory performance in the areas set forth in subdivision 3 of this subsection. The annual evaluation shall include review of management practices; fiscal and budgetary oversight; compliance with commission standards and regulations; operational integrity; and cooperation with courts, law enforcement, and community partners. The commission shall establish the evaluation format, required documentation, performance metrics, and minimum standards necessary to maintain certification. Failure to satisfactorily complete the annual evaluation or demonstrate satisfactory performance in these areas may result in corrective action; conditional certification; or denial, suspension, or revocation of the local ASAP director's VASAP Certification Letter by the executive director pursuant to subsection D of this section; and

5. Each local ASAP director shall attend a minimum of 50% of quarterly commission meetings on an annual basis unless otherwise approved by the executive director.

D. The executive director may deny, revoke, suspend, or terminate a local ASAP employee's VASAP Certification Letter for when any ASAP employee for any of the following reasons apply to the local ASAP employee:

1. Having Has been convicted of a felony;

2. Having Has been convicted of a misdemeanor potentially punishable by confinement;

3. Committing Committed an unethical, deceptive, or dishonest act that negatively impacts the integrity of the state VASAP system;

4. Failing Failed to demonstrate the ability to consistently comply with ordinances, statutes, administrative rules, or court orders at the local, state, or federal level;

5. Failing Failed to demonstrate sufficient knowledge or skill required to perform local ASAP services in the Commonwealth of Virginia or for local ASAP offenders residing out of state;

6. Making Made a material misstatement or omission on the application;

7. Defrauding Defrauded any client, service provider, or other person or entity in the conduct of the local ASAP's business;

8. Unethical Displayed unethical behavior. Proper employee conduct is outlined in the local ASAP Code of Conduct;

9. Failing Failed to attend any commission-mandated training without prior commission approval;

10. Failing Failed to timely enter local ASAP enrollments or completions or ignition interlock installs and completions into the DMV department system;

11. Displaying Displayed a pattern of substandard customer service;

12. Mismanagement Mismanaged of local ASAP finances;

13. Failing Failed to submit reports required by the commission to the commission within the timeframes provided by the commission; or

14. Expending Expended or directing directed another to expend budgetary funds not approved by the commission.; or

15. Failed to meet any requirements of this section.

An A local ASAP employee whose VASAP Certification Letter has been denied, revoked, suspended, or terminated may request a judicial an administrative review by the agency in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) by requesting an agency hearing within 30 days of notification of such revocation or suspension. Such request shall be in writing and directed to the executive director. In the event that the decision to suspend the VASAP Certification Letter of an a local ASAP employee is upheld, the local ASAP employee shall not perform any local ASAP services in the Commonwealth of Virginia or for local ASAP offenders residing out of state for the entire suspension period, or in the case of a denial, revocation, or termination, on a permanent basis. This prohibition includes any period during which the denial, suspension, revocation, or termination is being contested. The local ASAP director, or the policy board in the situation where the action pertains to an a local ASAP director, shall return the VASAP Certification Letter to the commission within 15 days of the date that the certification was suspended, revoked, or terminated by the commission.

E. Local ASAP directors shall be responsible for any local ASAP employee, including themselves the directors, who provides any local ASAP services without a valid VASAP Certification Letter, excluding a new employee who is within the first 90 days of employment, and shall be subject to a fine of up to $500 per occurrence, to be approved by the executive finance committee, payable to the Treasurer of Virginia. In this instance, the commission will notify the applicable jurisdictions of the violation. If the violation continues, the commission shall review the local ASAP's certification at the next commission meeting.

F. Once the completed application has been approved by the commission, and all other qualifications have been met by the applicant, a VASAP Certification Letter to perform local ASAP services in the Commonwealth of Virginia and to local ASAP offenders residing out of state shall be issued to the applicant in a method approved by the commission. In the event that an applicant is not approved for a VASAP Certification Letter to perform local ASAP services in the Commonwealth of Virginia or to local ASAP offenders residing out of state, the commission will notify the local ASAP employee in writing within 10 days of the determination. The VASAP Certification Letter is subject to review by the commission at its discretion during the course of the certification period.

G. Local ASAP employees are required to successfully complete 10 hours of commission-approved continuing education on an annual basis in order for their certification to perform local ASAP services in the Commonwealth of Virginia and to local ASAP offenders residing out of state to remain valid. Local ASAP employees who fail to successfully complete 10 hours of commission-approved continuing education on an annual basis shall have their certification suspended by the executive director on the annual expiration date of the certification unless otherwise approved by the executive director. The annual time period to complete the 10 hours of commission-approved continuing education for all local ASAP employees is calculated as 365 days from their original certification date and falls on the same date on an annual basis for all subsequent years. The executive director shall determine the parameters required for successful completion and awarding of commission-approved continuing education courses.

H. An A local ASAP employee who has had state certification denied, revoked, or terminated shall be ineligible to reapply for a VASAP Certification Letter unless otherwise approved by the commission.

I. Local ASAPs are required to notify the commission in writing of any employee who is no longer an employee of the local ASAP within 48 hours of the local ASAP employee's employment end date. Any local ASAP employee whose employment ends for any reason, whether voluntary or involuntary, shall have the employee's VASAP Certification Letter automatically expire on the date of separation. Any individual whose certification expires under this provision must complete the applicable certification requirements of this section at the time of reemployment with any local ASAP in order to be recertified.

J. In addition to the successful completion of the VASAP Certification Exam required for application, the executive director may order require that an a local ASAP employee review requirements and retake the VASAP Certification Exam to demonstrate that the employee possesses the knowledge required to adequately perform local ASAP services in the Commonwealth of Virginia and to local ASAP offenders residing out of state.

K. ASAP employees are permitted to perform ASAP duties without The executive director may revoke a VASAP Certification Letter for up to December 21, 2023, unless otherwise approved by the executive director failure to successfully pass the VASAP Certification Exam with a minimum score of 80%.

24VAC35-80-150. Virginia alcohol safety action program state-wide performance monitoring and data reporting.

A. The commission shall establish procedures for the collection, reporting, and analysis of data necessary to conduct statewide performance monitoring of the Virginia Alcohol Safety Action Program system.

B. Each local ASAP shall collect and report data to the commission in a format and method established by the commission. Such data may include:

1. Program enrollment and completion information;

2. Financial and collection rate data;

3. Compliance with certification standards;

4. Operational performance indicators; and

5. Other information necessary for statewide oversight and evaluation.

C. The commission may require submission of periodic reports and may conduct audits or reviews to ensure data accuracy and integrity.

D. All data collected and reported pursuant to this section shall be used for purposes of statewide program oversight, performance evaluation, and compliance monitoring.

E. The commission and all local ASAPs shall protect the confidentiality of individual offender information in accordance with applicable federal and state laws and regulations. Personal identifiable information shall not be disclosed except as authorized by law.

F. The commission may establish additional policies and procedures governing data collection, reporting standards, and performance metrics consistent with this section.

24VAC35-80-160. Approval and use of treatment service providers.

A. This section establishes requirements governing the approval, listing, monitoring, and removal of treatment service providers from the commission treatment service provider directory. The provisions of this section are intended solely to ensure effective case management, compliance monitoring, and continuity of services for individuals referred by local ASAPs. Nothing in this section shall be construed to regulate the independent clinical practice of any treatment provider or the authority of any licensing or regulatory entity of Virginia. This section applies to all treatment providers seeking inclusion in or currently listed in the treatment provider directory. Community service boards shall not be subject to the requirements of this section.

B. As a condition of inclusion in the treatment provider directory, a treatment provider shall:

1. Maintain all required licenses, certifications, and credentials in good standing;

2. Comply with all applicable federal and state laws governing treatment records, including 42 CFR Part 2 and professional standards;

3. Utilize the commission-designated case management system for all local ASAP-referred offenders, unless otherwise authorized by the executive director;

4. Excluding community service boards, via the commission required case management system, submit required documentation, including initial assessment reports, treatment plans, periodic progress reports as required by the executive director, and final discharge or completion reports;

5. Ensure all documentation is complete, accurate, and submitted in a timely manner established by the commission;

6. Maintain accurate contact and location information within the service provider directory;

7. Safeguard access credentials and not share user name or passwords;

8. Maintain a current and valid professional license issued by the Department of Health Professions or the Department of Behavioral Health and Development Services;

9. Ensure proof of licensure is maintained in the commission's designated system;

10. Complete all required commission training or informational sessions;

11. Respond to commission and local ASAP inquiries in a timely manner established by the commission;

12. Notify the commission of any changes to licensure, staffing, or service capacity that may affect eligibility; and

13. Maintain a valid written treatment provider memorandum of understanding as prescribed by the commission.

The commission may monitor provider performance solely for the purpose of determining continued eligibility for inclusion in the treatment provider directory. Monitoring may include review of timeliness and completeness of required documentation, proper and required use of the case management system, responsiveness to communications, and patterns of noncompliance affecting case management. Monitoring conducted pursuant to this section shall not include regulation or evaluation of clinical treatment decisions. Inclusion in the treatment provider directory does not constitute endorsement, employment, or a contractual relationship with the commission or any local ASAP.

C. If an approved treatment provider fails to comply with the requirements of this section, the commission may initiate corrective action to include verbal or written notice of deficiency, a written corrective action plan, probationary status with defined conditions, or suspension or removal of the treatment provider from the treatment provider directory. Written notice of deficiency shall identify the specific requirements not met and the timeframe for corrective action. A treatment provider may be suspended or removed from the treatment provider directory for:

1. Repeated failure to submit required documentation in a timely manner established by the commission;

2. Failure to utilize the required case management system as directed by the commission;

3. Failure to maintain required licensure or credentials;

4. Excluding community service boards, failure to respond to repeated communications from the commission or local ASAPs;

5. Submission of incomplete, inaccurate, or misleading documentation;

6. Conduct that materially interferes with the commission or a local ASAPs ability to monitor compliance;

7. Exhibiting a pattern of substandard customer service;

8. Failure to maintain valid licensure or required documentation;

9. Failure to provide required services or reports;

10. Any illegal act;

11. Any act or conduct that negatively impacts the integrity of the statewide VASAP system; or

12. Failure to provide a physical office location that meets local, state, and federal requirements, standards, and laws.

Except where immediate action is necessary to protect program integrity or public safety, the treatment provider shall be given written notice and an opportunity to respond prior to removal. A treatment provider removed from the treatment provider directory may apply for reinstatement in a manner prescribed by the executive director. Reinstatement shall be contingent upon demonstration of compliance with all applicable requirements and correction of prior deficiencies based on an assessment by the executive director.

D. Inclusion in the treatment provider directory does not guarantee referrals. Referral decisions shall be based solely on the offender's independent selection of a treatment provider and shall not be influenced in any way by local ASAP staff.

E. Nothing in this section shall be construed to regulate the clinical practice of any treatment provider or the authority of the Department of Health Professions or any other regulatory body or create an employment or contractual relationship between the commission, local ASAPs, or any provider.

F. Local ASAPs and treatment providers shall not engage in any contractual relationship of any manner to include renting of office space amongst the parties. This section does not apply to the commission's ability to contract with community service boards to enhance workflow efficiencies between the agencies.

G. Any approved treatment provider who is subject to suspension or removal from the treatment provider directory may request a fact-finding conference in accordance with § 2.2-4019 of the Code of Virginia. The request shall be submitted in writing to the executive director within 30 calendar days of the date of the written notice of suspension or removal. Upon receipt of a timely request, the executive director shall provide the provider with notice of the date, time, and format of the fact-finding conference. The conference may be conducted in person, by telephone, or by electronic means per the executive director's discretion. The purpose of the fact-finding conference shall be to receive and consider relevant information regarding the provider's compliance with the requirements for inclusion in the treatment provider directory. Following the fact-finding conference, the commission shall issue a written decision affirming, modifying, or rescinding the suspension or removal. The written decision shall include the basis for the determination and shall be provided to the treatment provider. A provider aggrieved by the final decision of the commission may seek judicial review in accordance with § 2.2-4000 of the Code of Virginia. The filing of a request for a fact-finding conference shall not stay the suspension or removal of the treatment provider from the treatment provider directory unless otherwise approved by the executive director.

DOCUMENTS INCORPORATED BY REFERENCE (24VAC35-80)

Commission on the Virginia Alcohol Safety Action Program Certification Manual, effective January 3, 2023

Commission on the Virginia Alcohol Safety Action Program Certification Manual, effective June 5, 2026