TITLE 12. HEALTH
STATE BOARD OF HEALTH
Initial Agency Notice
Title of Regulation: 12VAC5-410. Regulations for the Licensure of Hospitals in Virginia.
Statutory Authority: §§ 32.1-12 and 32.1-127 of the Code of Virginia.
Name of Petitioner: Bernadette Lozano.
Nature of Petitioner's Request: The petitioner requests that the State Board of Health amend 12VAC5-410-420 to mandate that a surgeon implanting a medical device of any kind include the serial number information of the implant directly on the "Surgeon Summary Report" or to otherwise provide the serial number information directly to the patient before the patient is released to return home from a medical facility or surgery center.
The petitioner states that receiving serial number identifying information for each part named in the report that is released to a patient can be difficult. The petitioner experienced this circumstance and was told by the surgeon that no mandate exists in Virginia to provide a serial number next to the identified medical device implant part name on the report. Additionally, the petitioner states that identifying serial number information is archived separately from a patient's medical record maintained at a physician's office.
Agency Plan for Disposition of Request: Pursuant to § 2.2-4007 of the Code of Virginia, the petition for rulemaking will be published in the Virginia Register of Regulations on September 7, 2026. The petition will also be published on the Virginia Regulatory Town Hall at www.townhall.virginia.gov. Public comment on the petition will be received from September 7, 2026, to September 28, 2026.
Following receipt of public comment and within 90 days of the end of the public comment period, a written decision to grant or deny the petition will be issued.
Public Comment Deadline: September 28, 2026.
Agency Contact: Geoff Garner, Senior Policy Analyst, Virginia Department of Health, 9960 Mayland Drive, Suite 401, Henrico, VA 23233, telephone (804) 367-2157, fax (804) 864-7022, or email regulatorycomment@vdh.virginia.gov.
VA.R. Doc. No. PFR27-01; Filed August 17, 2026, 3:53 p.m.