RIS Transmittal Sheet

The following is the data sent over to the RIS system for this petition announcement.

petitionid457
issue2
volume43
publicationdate09/07/2026
filedatetime08/17/2026 03:53pm
boardnameState Board of Health
titlenum12
agencynum5
coordinatornameJohn Kotyk
coordinatorphone(804)864-7437
coordinatoremailboardofhealth@vdh.virginia.gov
contactnameGeoff Garner, JD
contacttitleSr. Policy Analyst
contactemailregulatorycomment@vdh.virginia.gov
contactphone(804)367-2157
contactaddress19960 Mayland Dr., Suite 401
contactaddress2
contactcityHenrico
contactstateVA
contactzip23233
stateauthority32.1-123
federalauthority
recievedate08/17/2026
petitionerBernadette Lozano
request

Petitioner requests the State Board of Health ("Board") to amend 12VAC5-410-420 to mandate surgeons performing medical device implants of any kind to include the implants' serial number information directly on their "Surgeon Summary Report" ("Report") and/or to otherwise provide the serial number information directly to the patient before they are released to return home from a medical facility or surgery center. 

Petitioner states that it can be difficult for a patient to receive serial number identifying information for each part named in the Report that is released to a patient. Petitioner noted experiencing this circumstance and that her surgeon relayed that no mandate exists in Virginia to provide a serial number listed next to the identified medical device implant part name on the Report. Additionally, Petitioner stated that identifying serial number information is archived separately from a patient's medical record maintained at their physician's office.

agencyplan

Pursuant to § 2.2-4007 of the Code of Virginia, the petition for rulemaking will be published in the Virginia Register of Regulations on September 7, 2026 (Volume 43, Issue 2). The petition will also be published on the Virginia Regulatory Town Hall (www.townhall.virginia.gov). Public comment on the petition will be received from September 7, 2026, to September 28, 2026. 

Following receipt of public comment and within 90 days of the end of the public comment period, a written decision to grant or deny the petition will be issued.

commentenddate09/28/2026
chapternumber410
chapternameRegulations for the Licensure of Hospitals in Virginia
titleResponse to Petition for Rulemaking