Action:
Amend Regulation after Enactment of Chapters 238, 423, 428, 457, 472, 488, 544, 557, and 589 of the 2025 Acts of Assembly
Action 6841
General Information
| Action Summary |
This regulatory action implements the provisions of Chapters 238, 423, 428, 457, 472, 488, 544, 557, and 589 of the 2025 Acts of Assembly. These legislatively mandated provisions are being enacted without added discretion by the Board.
Chapter 238 of the 2025 Acts of Assembly requires hospitals with an Emergency Department (ED), when conducting a urine drug screening to assist in diagnosing a patient’s condition, to include fentanyl testing in such drug screening.
Chapters 423 and 428 of the 2025 Acts of Assembly require all hospitals with an ED or labor and delivery and all freestanding EDs (FSEDs) to implement standardized protocols for identifying and responding to obstetric emergencies, including obstetric hemorrhage, preeclampsia, eclampsia, and other life-threatening conditions based on the protocols developed by the Virginia Neonatal Perinatal Collaborative.
Chapters 457 and 472 of the 2025 Acts of Assembly require hospitals to report threats or acts of violence against healthcare providers on the hospital’s premises, with specific requirements regarding reporting and posting of data on incidents of threats or acts of violence.
Chapter 488 of the 2025 Acts of Assembly requires the Virginia Department of Health (VDH) to amend subdivision C 1 of 12VAC5-410-440 to permit hospitals to a) allow a certified nurse midwife, licensed certified midwife, or pediatric nurse practitioner to be on the 24-hour on-call duty roster for nursery care if a physician is not available and b) allow a physician to provide consultation to the listed providers via telehealth or audio-only if a physician cannot arrive onsite in 30 minutes.
Chapters 544 and 557 of the 2025 Acts of Assembly require VDH to amend the definition of "organized medical staff" in 12VAC5-410-10 to clarify that an organized medical staff may include other practitioners, including independent practice midwives, in addition to physicians and dentists.
Chapter 589 of the 2025 Acts of Assembly requires health care facilities that provide services related to labor and childbirth to develop policies regarding childbirth, the postpartum process, and doulas.
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| Chapters Affected |
Only affects this chapter.
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| Executive Branch Review |
This Action is exempt from Article 2 of the Administrative Process Act, but falls within the Executive Branch and
will be reviewed by the Governor's Office.
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| RIS Project |
Yes [8289] |
| New Periodic Review |
This action will not be used to conduct a new periodic review.
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Stages
Stages associated with this regulatory action.
| Stage ID |
Stage Type |
Status |
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10909
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Final
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Stage complete. This regulation became effective on 11/19/2025. |
Contact Information
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Name / Title:
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Val Hornsby
/
Policy Analyst
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Address:
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9960 Mayland Dr.
Henrico, VA 23233
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Email Address:
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val.hornsby@vdh.virginia.gov
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Phone:
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(804)875-1089
FAX: ()-
TDD: ()-
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