TITLE 1. ADMINISTRATION
COMMISSION ON LOCAL GOVERNMENT
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Commission on Local Government conducted a periodic review and a small business impact review of 1VAC50-11, Public Participation Guidelines, and determined that this regulation should be retained as is. The commission is publishing its report of findings dated March 22, 2024, to support this decision.
The regulation is required by § 2.2-4007.02 of the Code of Virginia. It is further necessary to uniformly and effectively govern the process by which the public participates in the commission's proceedings and regulatory actions.
The commission will retain the regulation as is. There was no public comment regarding changes to the regulation and the regulation is governed by statute. No public comments were received. The regulation is not overly complex. The regulation is interpretive of state law as required by the Administrative Process Act, and the regulation includes specific reference to state code where applicable. The regulation was last amended in 2018, and a periodic review has not been conducted since. The statute governing this regulation has not changed since 2012.
There is no need to analyze the impact on small businesses because small businesses do not appear before the commission, and the commission's regulations do not directly impact small businesses.
Contact Information: LeGrand Northcutt, Senior Policy Analyst, Department of Housing and Community Development, Main Street Center, 600 East Main Street, Richmond, VA 23219, telephone (804) 310-7151, FAX (804) 371-7090, or email legrand.northcutt@dhcd.virginia.gov.
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TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
CRIMINAL JUSTICE SERVICES BOARD
Agency Notice
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulation is undergoing a periodic review and small business impact review: 6VAC20-120, Regulations Relating to Criminal History Record Information Use and Security. The review of this regulation will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic review is to determine whether the regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.
Public comment period begins April 22, 2024, and ends May 13, 2024.
Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency.
Following the close of the public comment period, a report of both reviews will be posted on the Virginia Regulatory Town Hall and published in the Virginia Register of Regulations.
Contact Information: Kristi Shalton, Regulatory Coordinator, Department of Criminal Justice Services, 1100 Bank Street, Richmond, VA 23219, telephone (804) 786-7801, or email kristi.shalton@dcjs.virginia.gov.
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TITLE 12. HEALTH
STATE BOARD OF HEALTH
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Health conducted a periodic review and a small business impact review of 12VAC5-90, Regulations for Disease Reporting and Control, and determined that this regulation should be amended. The board is publishing its report of findings dated February 28, 2024, to support this decision.
The regulation protects the public health, safety, and welfare of individuals in the Commonwealth of Virginia by ensuring that there is a uniform process for reporting diseases of public health importance occurring within the Commonwealth of Virginia so that appropriate control measures may be instituted to reduce the occurrence of disease.
The regulation sets clear guidance for all providers and health care entities on the appropriate procedures to follow when certain diseases are suspected or identified and clearly defines the protocol that the Virginia Department of Health (VDH) will follow to control or contain the disease in the interest of public safety.
VDH will amend the regulation through the issuance of a regulatory action. The regulation will be amended to align it with the Code of Virginia, current disease reporting and control recommendations put forth by the Centers for Disease Control and Prevention, and Virginia Register and Virginia Administrative Code style guidelines and to provide regulatory reduction where possible. Additionally, VDH will update the regulation to ensure the regulation is compliant with current practice in the field of communicable disease detection and control and provides maximum flexibility with respect to reporting requirements.
The regulation is essential to outline the protocols for disease reporting and control in the Commonwealth of Virginia, as required by § 32.1-12 and Chapter 2 (§ 32.1-25 et seq.) of Title 32.1 of the Code of Virginia. VDH did not receive any comments or concerns from the public during the periodic review. The regulation is clearly written and easily understandable. The regulation does not overlap, duplicate, or conflict with any other federal or state laws or regulations.
The regulation was last updated in 2023 through an emergency regulatory action to address changes in public health practice related to COVID-19. The periodic review decision to amend the regulation does not cause an adverse economic impact on small businesses in the Commonwealth of Virginia.
Contact Information: Karen Mask, Senior Policy Analyst, Office of Epidemiology, Virginia Department of Health, James Madison Building, 109 Governor Street, Richmond, VA 23219, telephone (804) 654-9351, or email karen.mask@vdh.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Health conducted a periodic review and a small business impact review of 12VAC5-105, Rabies Regulations, and determined that this regulation should be amended. The board is publishing its report of findings dated February 28, 2024, to support this decision.
The regulation protects the public health, safety, and welfare of individuals in the Commonwealth of Virginia by ensuring that the public is aware of approved rabies clinic locations and providing a model plan for rabies exposure response. The regulation sets clear guidance for all providers and localities on the appropriate use of rabies vaccine exemptions and describes a model plan for rabies exposure response, which clearly defines roles and responsibilities in the event of exposure to rabies.
The Virginia Department of Health (VDH) will amend the regulation through the issuance of a regulatory action. The regulation will be amended to align it with Chapter 121 of the 2023 Acts of Assembly and the Virginia Register and Virginia Administrative Code style guidelines and to provide regulatory reduction where possible. Additionally, VDH will update the regulation to reflect current practice and administrative forms.
The regulation is essential to provide guidance related to rabies prevention, control, and response efforts in support of Chapter 834 of the 2010 Acts of Assembly.
VDH did not receive any complaints or comments from the public during the periodic review. The regulation is clearly written and easily understandable. The regulation does not overlap, duplicate, or conflict with any other federal or state laws or regulations. Retaining the regulation does not appear to cause an adverse economic impact on small businesses in the Commonwealth of Virginia.
Contact Information: Karen Mask, Senior Policy Analyst, Office of Epidemiology, Virginia Department of Health, James Madison Building, 109 Governor Street, Richmond, VA 23219, telephone (804) 654-9351, or email karen.mask@vdh.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Health conducted a periodic review and a small business impact review of 12VAC5-221, Regulations Governing Cooperative Agreements, and determined that this regulation should be amended. The board is publishing its report of findings dated February 15, 2024, to support this decision.
The regulation is necessary for the protection of public health, safety, and welfare because it governs cooperative agreements between health systems that create health care monopolies and the active supervision of those agreements. Without oversight of these agreements, citizens in those areas covered by the cooperative agreement would be unprotected against abuse of the monopoly's powers, such as price gouging and the reduction or removal of resources. The regulation is clearly written and understandable; however, the language needs to be updated in order to conform to the style guidelines of the Virginia Register and Virginia Administrative Code.
The board has decided to amend the regulation to address the public comment received regarding ongoing supervision of already-approved cooperative agreements and to consider regulatory reduction where possible.
The regulation is essential because there is a current cooperative agreement in Virginia and the board is mandated to actively supervise cooperative agreements. The nature of the comment received concerning the regulation was focused on the ongoing active supervision of current cooperative agreements and was submitted by Ballad Health, the hospital system for which a cooperative agreement is currently in place. The regulation is neither complex nor overlaps, duplicates, or conflicts with federal or state law or regulation. The regulation has not been reviewed since 2018 when a final action was used to conform the regulation to statute. The current periodic review is the first conducted since the initial promulgation of the regulation in 2017. Ballad Health, the hospital system involved in the current cooperative agreement, does not qualify as a small business, and the Virginia Department of Health is not aware of any entities that could enter into a cooperative agreement and qualify as a small business.
Contact Information: Kim Beazley, Director, Virginia Department of Health, James Madison Building, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7190, FAX (804) 864-7022, or email kimberly.beazley@vdh.virginia.gov.
Agency Notice
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulation is undergoing a periodic review and small business impact review: 12VAC5-391, Regulations for the Licensure of Hospice. The review of this regulation will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic review is to determine whether the regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.
Public comment period begins April 22, 2024, and ends May 13, 2024.
Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency.
Following the close of the public comment period, a report of both reviews will be posted on the Virginia Regulatory Town Hall and published in the Virginia Register of Regulations.
Contact Information: Val Hornsby, Policy Analyst, Virginia Department of Health, 9960 Mayland Drive, Richmond, VA 23233, telephone (804) 367-2102, FAX (804) 527-4502, or email regulatorycomment@vdh.virginia.gov.