Virginia Regulatory Town Hall
Virginia Department of Health
State Board of Health
Regulations of the Patient Level Data System [12 VAC 5 ‑ 217]
Emergency Extension Request
Amend Regulation to conform to Chapter 1289 Item 307(D1) of the 2020 Acts of Assembly

On 12/19/2022 the board requested that this emergency stage be extended until 1/15/2024.

Reason for Extension:
The Virginia Department of Health (VDH) requests that the Governor extend the expiration date of the emergency amendments to 12VAC5-217 for six months pursuant to §2.2-4011(D) of the Code of Virginia. On January 17, 2022, emergency amendments to 12VAC5-217 went into effect to ensure that the regulated community was reporting the admission source of any individual meeting the criteria for voluntary or involuntary psychiatric commitment, as required by Chapter 552 of the 2021 Acts of Assembly, Special Session I, Item 307(D1). The mandate is also included in the current appropriation act, Chapter 2 of the 2022 Acts of Assembly, Special Session I, Item 299 (C1). These emergency regulations are set to expire on July 16, 2023. A Fast Track regulatory action that seeks to make these emergency regulations permanent is being developed. Once it is published, it will be open for public comment for a period of thirty (30) days before becoming effective and making the emergency regulations permanent. VDH is working to complete the Fast Track regulatory process to make these regulations permanent as quickly as possible, but there is the potential that the regulatory process will not be complete before the emergency regulations expire. The Board of Health, which approves each stage in a regulatory action and officially promulgates the regulations, only meets once per quarter. Additionally, though VDH considers this action to be non-controversial and appropriate for a Fast Track action, there is the potential to receive objections pursuant to § 2.2-4012.1 of the Code of Virginia, which would lengthen and further delay the process to promulgate the permanent regulations. These delays could potentially prevent the permanent regulations from becoming effective before the expiration date of the emergency regulations. As a result, it is necessary to extend the expiration date to ensure the emergency regulations do not expire before they are made permanent, which would leave VDH and the Board of Health out of compliance with the 2021 and 2022 Appropriation Acts and ultimately cause confusion for the public and the regulated community.

This emergency extension request was approved by the Governor's office on 2/9/2023.

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