For the Board to establish clear processes and guidance for the compelling disclosure of information when a Board investigation identifies potential class 1 misdemeanors

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.

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.