4/16/2019 3:46 pm
Date / Time filed with the Register of Regulations 		VA.R. Document Number: R____-______
Virginia Register Publication Information

Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
X
Agency Decision
Promulgating Board: Board of Funeral Directors and Embalmers
Regulatory Coordinator: Elaine J. Yeatts

(804)367-4688

elaine.yeatts@dhp.virginia.gov
Agency Contact: Corie Tillman Wolf

Executive Director

(804)367-4479

fanbd@dhp.virginia.gov
Contact Address: Department of Health Professions

9960 Mayland Drive

Suite 300

Richmond, VA 23233
Chapter Affected:
18 vac 65 - 20: Regulations of the Board of Funeral Directors and Embalmers
Statutory Authority: State: Chapter 28 of Title 54.1

Federal:
Date Petition Received 01/18/2019
Petitioner Ross Miller
 Petitioner's Request
For the Board to establish clear processes and guidance for the compelling disclosure of information when a Board investigation identifies potential class 1 misdemeanors
 Agency Plan
The petition will be published on February 18, 2019 in the Register of Regulations and also posted on the Virginia Regulatory Townhall at www.townhall.virginia.gov to receive public comment ending March 20, 2019. Following receipt of all comments on the petition to amend regulations, the Board will decide whether to make any changes to the regulatory language. This matter will be on the Board's agenda for its first meeting after the comment period, which is scheduled for April 16, 2019.
Publication Date 02/18/2019  (comment period will also begin on this date)
Comment End Date 03/20/2019
 Agency Decision
Take no action
Agency Response Date 04/16/2019
 Agency Decision Text
At its meeting on April 16, 2019, the Board considered the petition and the petitioner's comment in support posted on Townhall. Information was presented about a bill that was passed in the 2019 Virginia General Assembly that authorizes the Department of Health Professions to disclose investigative information to state or federal law enforcement, if it is found in the course of an investigation of a funeral service licensee or establishment that there may have been a violation of state or federal law. That legislation (House Bill 2556) will become effective on July 1, 2019. Since it appears that the change in Virginia law addresses the petition, the Board decided not to initiate rulemaking.