RIS Transmittal Sheet

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

petitionid459
issue5
volume43
publicationdate10/19/2026
filedatetime09/29/2026 09:37am
boardnameState Board of Health
titlenum12
agencynum5
coordinatornameJohn Kotyk
coordinatorphone(804)864-7437
coordinatoremailboardofhealth@vdh.virginia.gov
contactnameJona Roka
contacttitlePolicy Analyst
contactemailregulatorycomment@vdh.virginia.gov
contactphone(804)875-1089
contactaddress1Virginia Department of Health
contactaddress29960 Mayland Drive, Suite 401
contactcityHenrico
contactstateVA
contactzip23233
stateauthority32.1-123
federalauthority
recievedate09/29/2026
petitionerCristen Russell
request

The fundamental policy issue I am asking Virginia to consider is whether a childhood medical record should be permitted to be destroyed simply because a patient has reached a particular age, when that information may remain medically relevant for the remainder of that person’s life.

There is a substantial difference between a medical record being old and a medical record being medically obsolete.

Advances in genetics, metabolic medicine, neurology, immunology, rheumatology, oncology, infectious disease, and other fields continue to reveal the importance of historical clinical information that may previously have appeared nonspecific or unexplained.

Preserving childhood medical records for a longer, defined period would protect the ability of patients to access their own medical histories, support continuity of care, improve the availability of longitudinal information for future diagnosis, and preserve information that may become medically significant only after scientific knowledge has advanced.

For these reasons, I respectfully request that the Commonwealth reconsider the current minimum retention period for childhood medical records and adopt a longer, modernized standard.

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 October 19, 2026 (Volume 43, Issue 5). 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 October 19, 2026, to November 9, 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.

commentenddate11/09/2026
chapternumber410
chapternameRegulations for the Licensure of Hospitals in Virginia
titleResponse to Petition for Rulemaking