Emergency Extension Request
(5581)
Action:
(9040)
Stage:
On 4/7/2022 the board requested that this
emergency stage be extended until 1/18/2023.
Reason for Extension:
The Virginia Department of Health (VDH) requests that the Governor extend the
expiration date of the emergency amendments to 12VAC5-90 for 6 months as provided
for in § 2.2-4011 D of the Code of Virginia.
On January 20, 2021, emergency amendments to 12VAC5-90 went into effect to ensure
that the regulated community was reporting vital disease surveillance and control
information to VDH related to COVID-19. These emergency amendments are set to
expire on July 19, 2022.
A Proposed regulatory action that seeks to make some of the emergency requirements
related to COVID-19 permanent has been published in the Virginia Register of
Regulations. That action was open to public comment until April 1, 2022. Upon completion
of the public comment period, VDH intends to pursue a Final regulatory action to
complete the process to make several of these emergency requirements permanent.
VDH is working to complete the standard regulatory process to make these regulations
permanent as quickly as possible, but there is the potential that the standard regulatory
process will not be complete before the emergency regulations expire in July. The public
comment period for the Proposed Stage closed one day after the March 31, 2022, meeting
of the State Board of Health. That serves to delay the speed with which the Final Stage
regulatory action can be completed. As a result, it is necessary to extend these
emergency regulations to ensure that there is not a gap that could ultimately cause
confusion for the regulated community. Further, these emergency regulations are in
compliance with the federal CARES Act requirements for disease reporting related to
COVID-19.
VDH recommends that the Governor use the authority in § 2.2-4011 D of the Code of
Virginia to extend the emergency regulation for 12VAC5-90 for 6 months until
January 18, 2023, or until superseded by a subsequent regulatory action.
This emergency extension request was approved by the Governor's office on 6/30/2022.
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