Virginia Regulatory Town Hall
Agency
Virginia Department of Health
Board
State Board of Health
chapter
Advance Health Care Directive Registry [12 VAC 5 ‑ 67]
Action:
Amend Regulations Following 2024 Periodic Review
Action 6908
 
General Information
Action Summary Virginia’s Advance Health Care Planning Registry (Registry) is an online system used by Virginia residents to store their advance health care directives (e.g., living will, health care power of attorney, anatomical gift, etc.) and other advance health care planning documentation. The Registry may be accessed by a patient’s health care providers, family members, power of attorney, or a designee who will ensure that the patient’s medical wishes are executed if the patient is incapacitated. This Fast Track action amends the regulations governing Virginia’s Advance Health Care Planning Registry by aligning the regulations with current Registry storage and access practices, updating the regulations to reflect recent statutory changes, and conforming regulatory language to the Form and Style Guidelines published by the Virginia Registrar of Regulations. The changes to the regulations clarify the advance care planning documentation that may be stored in the Registry, and specify who is permitted to access the documentation that is stored within it. • “Advance Health Care Directive Registry” will be changed to “Advance Health Care Planning Registry” throughout the chapter and its title to reflect statutory changes enacted under Chapters 231 and 274 of the 2024 Acts of Assembly. • A new section, 12VAC5-67-5, has been added to define terms used throughout the regulatory chapter. • Changes to 12VAC5-67-10 conform the regulations to Form and Style Guidelines. • Updates to 12VAC5-67-20 align the regulations with statutory changes enacted under Chapters 231 and 274 of the 2024 Acts of Assembly by including Durable Do Not Resuscitate Orders and portable medical order forms in the types of documents that may be stored and accessed in the Registry. • Amendments to 12VAC5-67-30 create two subsections outlining the requirements followed by persons filing advance health care planning documentation in the Registry, and the requirements followed by licensed health care providers when accessing and querying the Registry on behalf of patients. The VDH has considered all opportunities for regulatory reduction to meet the objectives of Executive Order – 19 as part of this fast-track action.
Chapters Affected Only affects this chapter.
Executive Branch Review This action will go through the normal Executive Branch Review process.
RIS Project Yes  [8385]
New Periodic Review This action will not be used to conduct a new periodic review.
 
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Contact Information
Name / Title: Rilee Bennett  / Senior Policy Analyst
Address: 2001 Maywill Street
Suite 101
Richmond, VA 23230
Email Address: Rilee.Bennett@vdh.virginia.gov
Phone: (804)662-6258    FAX: ()-    TDD: ()-