Agencies | Governor
Virginia Regulatory Town Hall
Virginia Department of Health
State Board of Health
Regulations for Licensure of Abortion Facilities [12 VAC 5 ‑ 412]
Amend Regulations Following Periodic Review
General Information
Action Summary This action will amend the regulations based on the findings of a periodic review. As a result of the review, the Department of Health determined it was necessary to use the regulatory process to amend these regulations. It is necessary to amend these regulations to: remove unnecessary definitions, insert additional best practices regarding medical testing and laboratory services, insert additional best practices regarding anesthesia service, align the requirements regarding emergency services more specifically with medical best practices, amend the requirements for facility design and construction, and make minor technical amendments. In the time since the Board of Health approved proposed amendments at its September 2015 meeting, the U.S. Supreme Court issued its decision in Whole Woman's Health v. Hellerstedt, 579 U.S. ___ (2016). As a result of that June 2016 decision, additional amendments to the regulations were deemed necessary by the Department based on advice from the Office of the Attorney General. The following additional amendments have been proposed: Onsite Inspections–striking certain requirements; Patient’s Rights–Striking specific reference to Joint Commission Standards; Infection Control–Striking specific reference to CDC Guidelines; Maintenance–Striking certain requirements already addressed by existing legal requirements; Firefighting Equipment and Systems–Striking requirements already addressed by existing legal requirements; Design and Construction–Amended to specify that all construction of new buildings and additions, or major renovations to existing buildings for occupancy as an abortion facility shall conform to state and local codes and ordinances. At a special meeting of the Board of Health on October 24th, 2016, several additional amendments to the proposed language were submitted as motions by individual Board members and approved by the Board.
Chapters Affected Only affects this chapter.
Exempt from APA No, this action is not exempt from Article II of the APA and executive branch review.
RIS Project Yes  [004258]
Result of Prior Periodic Review Dated 5/15/2014
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
7120 NOIRA Stage complete. Comment period ended 02/11/2015.
7333 Proposed Stage complete. Comment period ended 07/01/2016.
7763 Final Stage complete. This regulation became effective on 03/22/2017.
Contact Information
Name / Title: Rebekah E. Allen  / Sr. Policy Analyst
Address: Virginia Department of Health
9960 Mayland Drive, Ste. 401
Richmond, VA 23233
Email Address:
Phone: (804)367-2102    FAX: (804)527-4502    TDD: ()-

This person is the primary contact for this chapter.