NOTICES OF INTENDED REGULATORY ACTION
Vol. 43 Iss. 1 - August 24, 2026

TITLE 12. HEALTH
Regulations for the Licensure of Nursing Facilities
Notice of Intended Regulatory Action

TITLE 12. HEALTH

STATE BOARD OF HEALTH

Emergency Regulation

Title of Regulation: 12VAC5-371. Regulations for the Licensure of Nursing Facilities (adding 12VAC5-371-45).

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

Effective Dates: July 27, 2026, through January 26, 2028.

Agency Contact: Geoff Garner, Senior Policy Analyst, Virginia Department of Health, 9960 Mayland Drive, Henrico, VA 23233, telephone (804) 367-2157, or email geoff.garner@vdh.virginia.gov.

Preamble:

Section 2.2-4011 B of the Code of Virginia states that agencies may adopt emergency regulations in situations in which Virginia statutory law or the appropriation act or federal law or federal regulation requires that a regulation be effective in 280 days or less from its enactment, and the regulation is not exempt under the provisions of § 2.2-4006 A 4 of the Code of Virginia.

Pursuant to Chapters 254 and 265 of the 2025 Acts of Assembly, the amendments establish fees for the issuance, change, or renewal of a hospital or nursing home license. Funds generated from fees are deposited into the Hospital and Nursing Home Licensure and Inspection Program Fund created by the act to be used for the purposes of supporting the activities of the licensure and inspections requirements.

12VAC5-371-45. Fees.

A. The fees for the initial, renewal, and change of licensure of nursing facilities shall be paid into the state treasury and credited to the Hospital and Nursing Home Licensure and Inspection Program Fund established by § 32.1-130 of the Code of Virginia.

B. A nursing facility or an applicant for nursing facility licensure shall pay fees as follows:

1. Initial licensure: $150 base fee plus $29 per bed;

2. Renewal licensure: $150 base fee plus $29 per bed; and

3. Nursing facility change listed in 12VAC5-371-110 F: $250.

C. The commissioner may, in the commissioner's discretion, waive or reduce a nursing facility change fee described in subdivision B 3 of this section if a nursing facility provides substantial documentation justifying a waiver or reduction.

VA.R. Doc. No. R27-8377; Filed July 27, 2026
TITLE 16. LABOR AND EMPLOYMENT
Heat Illness Prevention Standard
Notice of Intended Regulatory Action

TITLE 16. LABOR AND EMPLOYMENT

SAFETY AND HEALTH CODES BOARD

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Safety and Health Codes Board intends to consider promulgating 16VAC25-210, Heat Illness Prevention Standard. As required by Chapters 731 and 732 of the 2026 Acts of Assembly, the purpose of the proposed action is to establish heat illness prevention standards to protect workers from heat illness during indoor and outdoor work. The standards will include requirements for an employer to (i) provide water, access to shade or climate-controlled environments when practicable, rest periods, acclimatization to working in heat, and effective training regarding heat illness prevention; (ii) implement heat and high-heat procedures when the temperature equals or exceeds heat thresholds set by the board; and (iii) establish effective emergency response procedures. Additionally, the regulation will include exemptions for heat exposure during certain emergency situations and for heat exposure lasting no longer than 15 consecutive minutes.

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

Statutory Authority: §§ 40.1-22 and 40.1-44.2 of the Code of Virginia.

Public Comment Deadline: September 23, 2026.

Agency Contact: Cristin Bernhardt, Regulatory Coordinator, 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.

VA.R. Doc. No. R27-8774; Filed August 03, 2026