TITLE 9. ENVIRONMENT

DEPARTMENT OF ENVIRONMENTAL QUALITY

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Department of Environmental Quality intends to consider amending 9VAC15-60, Small Renewable Energy Projects (Solar) Permit by Rule. The purpose of the proposed action is to fulfill the requirements of Chapter 688 of the 2022 Acts of Assembly to amend the regulation to consider significant adverse impacts to prime agricultural soils and forest lands. As part of that regulatory action, DEQ initially proposed requiring enhanced mitigation for C1 and C2 forest cores as identified through a ranking system previously developed by the Department of Conservation and Recreation (DCR). DCR previously defined and ranked ecological cores into five categories (C1 through C5) in 2017 for use as a planning tool. Comments received on the proposed regulation identified several limitations of the available mapping tool and definition of C1 and C2 forest cores when used as a regulatory tool. DEQ has decided to initiate this regulatory action to address the issues concerning enhanced mitigation for forest cores with very high and outstanding ecological integrity. This regulatory action will be used to develop regulatory amendments to address enhanced mitigation for disturbance of forest cores with very high and outstanding ecological integrity using updated mapping and definitions that can be applied in the field to verify the mapped resources.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 10.1-1197.6 of the Code of Virginia.

Public Comment Deadline: June 18, 2025.

Agency Contact: Amber Foster, Small Renewable Energy Permit by Rule Program Specialist, Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, VA 23233, telephone (804) 774-8474, or email amber.foster@deq.virginia.gov.

TITLE 12. HEALTH

STATE BOARD OF HEALTH

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Health intends to consider amending 12VAC5-80, Regulations for Administration of the Virginia Hearing Impairment Identification and Monitoring System. The regulation details the responsibilities of entities that perform newborn hearing screening under the Code of Virginia. This action follows a periodic review of the regulation. The purpose of the proposed action is to update the existing regulations to remove outdated information; reflect recommended national best practices based on the Joint Committee on Infant Hearing; change the chapter title from Regulations for Administration of the Virginia Hearing Impairment Identification and Monitoring System to reflect more culturally inclusive language; and to clarify and adjust reporting requirements to meet national best practices.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 32.1-12 and 32.1-64.1 of the Code of Virginia.

Public Comment Deadline: June 18, 2025.

Agency Contact: Robin Buskey, Policy Analyst, Office of Family Health Services, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 863-7253, or email robin.buskey@vdh.virginia.gov.

TITLE 12. HEALTH

STATE BOARD OF HEALTH

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Health intends to consider repealing 12VAC5-371, Regulations for the Licensure of Nursing Facilities, and promulgating 12VAC5-372, Regulation for the Licensure of Nursing Facilities. The purpose of the proposed action is to repeal 12VAC5-371 and replace it with a new chapter. The current chapter is outdated and needs significant style and structure changes, so promulgation of a new chapter is more appropriate than amending the current chapter. This action will establish a chapter that conforms to the Code of Virginia and to Virginia Administrative Code style and accurately reflects trends in the regulated industry. The goal of this regulatory action is to protect the health, safety, and welfare of the public through regulation that is clear and easy to understand and implement by regulated entities and the Virginia Department of Health.

In addition, pursuant to § 2.2-4007.1 of the Code of Virginia, the board is conducting a periodic review and small business impact review of 12VAC5-371 to determine the full extent of the revisions necessary in order to most effectively structure and word the new chapter. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare; (ii) minimizes the economic impact on small businesses consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

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

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

Public Comment Deadline: June 18, 2025.

Agency Contact: Geoff Garner, Senior Policy Analyst, Virginia Department of Health, 9960 Mayland Drive, Suite 401, Richmond, VA 23233, telephone (804) 658-9690, FAX (804) 527-4502, or email geoff.garner@vdh.virginia.gov.

TITLE 12. HEALTH

STATE BOARD OF HEALTH

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Health intends to consider repealing 12VAC5-371, Regulations for the Licensure of Nursing Facilities, and promulgating 12VAC5-372, Regulation for the Licensure of Nursing Facilities. The purpose of the proposed action is to repeal 12VAC5-371 and replace it with a new chapter. The current chapter is outdated and needs significant style and structure changes, so promulgation of a new chapter is more appropriate than amending the current chapter. This action will establish a chapter that conforms to the Code of Virginia and to Virginia Administrative Code style and accurately reflects trends in the regulated industry. The goal of this regulatory action is to protect the health, safety, and welfare of the public through regulation that is clear and easy to understand and implement by regulated entities and the Virginia Department of Health.

In addition, pursuant to § 2.2-4007.1 of the Code of Virginia, the board is conducting a periodic review and small business impact review of 12VAC5-371 to determine the full extent of the revisions necessary in order to most effectively structure and word the new chapter. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare; (ii) minimizes the economic impact on small businesses consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

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

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

Public Comment Deadline: June 18, 2025.

Agency Contact: Geoff Garner, Senior Policy Analyst, Virginia Department of Health, 9960 Mayland Drive, Suite 401, Richmond, VA 23233, telephone (804) 658-9690, FAX (804) 527-4502, or email geoff.garner@vdh.virginia.gov.

TITLE 12. HEALTH

STATE BOARD OF HEALTH

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Health intends to consider repealing 12VAC5-410, Regulations for the Licensure of Hospitals in Virginia, and promulgating 12VAC5-413, Regulations for the Licensure of Inpatient Hospitals and 12VAC5-415, Regulations for the Licensure of Outpatient Surgical Hospitals. The purpose of the proposed action is to repeal 12VAC5-410 and replace it with two new chapters, 12VAC5-413, which will address licensure of inpatient hospitals, and 12VAC5-415, which will address licensure of outpatient surgical hospitals. The new chapters will conform to the Code of Virginia and to Virginia Administrative Code style and accurately reflect trends in the regulated industry. The goal of this regulatory action is to protect the health, safety, and welfare of the public through regulation that is clear and easy to understand and implement by regulated entities and the Virginia Department of Health. The board will also consider opportunities for regulatory reduction where possible in accordance with Executive Order 19 (2022). The proposed chapters will address comments received during the public comment period for this NOIRA and subsequent stages of this action, as well as comments received during the public hearing.

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

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

Public Comment Deadline: June 18, 2025.

Agency Contact: Kim Beazley, Director, Office of Licensure and Certification, Virginia Department of Health, 9960 Mayland Drive, Suite 401, Henrico, VA 23233, telephone (804) 367-2102, or email regulatorycomment@vdh.virginia.gov.

TITLE 12. HEALTH

STATE BOARD OF HEALTH

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Health intends to consider repealing 12VAC5-410, Regulations for the Licensure of Hospitals in Virginia, and promulgating 12VAC5-413, Regulations for the Licensure of Inpatient Hospitals and 12VAC5-415, Regulations for the Licensure of Outpatient Surgical Hospitals. The purpose of the proposed action is to repeal 12VAC5-410 and replace it with two new chapters, 12VAC5-413, which will address licensure of inpatient hospitals, and 12VAC5-415, which will address licensure of outpatient surgical hospitals. The new chapters will conform to the Code of Virginia and to Virginia Administrative Code style and accurately reflect trends in the regulated industry. The goal of this regulatory action is to protect the health, safety, and welfare of the public through regulation that is clear and easy to understand and implement by regulated entities and the Virginia Department of Health. The board will also consider opportunities for regulatory reduction where possible in accordance with Executive Order 19 (2022). The proposed chapters will address comments received during the public comment period for this NOIRA and subsequent stages of this action, as well as comments received during the public hearing.

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

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

Public Comment Deadline: June 18, 2025.

Agency Contact: Kim Beazley, Director, Office of Licensure and Certification, Virginia Department of Health, 9960 Mayland Drive, Suite 401, Henrico, VA 23233, telephone (804) 367-2102, or email regulatorycomment@vdh.virginia.gov.

TITLE 12. HEALTH

STATE BOARD OF HEALTH

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Health intends to consider repealing 12VAC5-410, Regulations for the Licensure of Hospitals in Virginia, and promulgating 12VAC5-413, Regulations for the Licensure of Inpatient Hospitals and 12VAC5-415, Regulations for the Licensure of Outpatient Surgical Hospitals. The purpose of the proposed action is to repeal 12VAC5-410 and replace it with two new chapters, 12VAC5-413, which will address licensure of inpatient hospitals, and 12VAC5-415, which will address licensure of outpatient surgical hospitals. The new chapters will conform to the Code of Virginia and to Virginia Administrative Code style and accurately reflect trends in the regulated industry. The goal of this regulatory action is to protect the health, safety, and welfare of the public through regulation that is clear and easy to understand and implement by regulated entities and the Virginia Department of Health. The board will also consider opportunities for regulatory reduction where possible in accordance with Executive Order 19 (2022). The proposed chapters will address comments received during the public comment period for this NOIRA and subsequent stages of this action, as well as comments received during the public hearing.

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

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

Public Comment Deadline: June 18, 2025.

Agency Contact: Kim Beazley, Director, Office of Licensure and Certification, Virginia Department of Health, 9960 Mayland Drive, Suite 401, Henrico, VA 23233, telephone (804) 367-2102, or email regulatorycomment@vdh.virginia.gov.

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Audiology and Speech-Language Pathology intends to consider amending 18VAC30-21, Regulations Governing Audiology and Speech-Language Pathology. The purpose of the proposed action is to fulfill the mandate of Chapter 337 of the 2023 Acts of Assembly that authorizes Virginia to participate in the Audiology and Speech-Language Pathology Interstate Compact. The changes necessary to implement the provisions of the compact in Virginia include (i) adding definitions, (ii) setting fees for the issuance and renewal of a compact privilege to practice in Virginia, (iii) setting requirements to obtain a privilege to practice in Virginia consistent with compact requirements, (iv) specifying that renewal of a compact privilege is based on adherence to compact rules for continued competency, (v) requiring a criminal background check for initial licensure consistent with compact requirements, (vi) requiring that compact privilege holders in Virginia adhere to Virginia laws and regulations, and (vii) amending disciplinary provisions to ensure compact privilege holders follow the same practice rules as Virginia licensees.

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

Statutory Authority: § 54.1-2400 of the Code of Virginia.

Public Comment Deadline: June 18, 2025.

Agency Contact: Kelli Moss, Executive Director, Board of Audiology and Speech-Language Pathology, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 597-4132, FAX (804) 939-5238, or email kelli.moss@dhp.virginia.gov.