First and foremost, according to the structure  of the compound republic, you do not have the authority to make such laws.  The Framers of the Constitution wanted lawmakers to make the rules, not agencies which the people cannot elect out of office.  It's unconstitutional for our lawmakers to delegate away their lawmaking abilities.  It's unconstitutional to take upon yourselves a duty that has not been delegated to you. 

OPPOSE the FAST-TRACKING of Proposed Amendments to “12 VAC 5-90 Changing the Reporting Requirement for Influenza Virus in Virginia”. 

• The amendments are not appropriate for fast-tracking. Va. Code § 2.2-4012.1 Fast-track rulemaking process allows for "rules that are expected to be noncontroversial” to be rushed through the rule making process. The proposed amendments are controversial in nature and application.

OPPOSE the Proposed Amendments to “12 VAC 5-90 Changing the Reporting Requirement for Influenza Virus in Virginia”.

• The proposed amendments, which require the reporting of detailed personal information to state officials, constitute unnecessary and unwarranted government overreach in violation of the Virginia Constitution, which guarantees all Virginia citizens the right to privacy.
• The amendments would allow for the creation an electronic database of individuals who have tested positive for, or who are suspected of having, influenza, which potentially could be accessed by federal government officials, researchers and law enforcement officers without the individual’s informed consent.
• The proposed change to the current reporting requirement for influenza from “number of cases only (and type if available)” to one that applies the same detailed reporting requirements currently in place for infectious diseases such as anthrax, cholera, diphtheria, leprosy, malaria, and typhoid fever is a transparent attempt to elevate a common viral infection, which is often asymptomatic and rarely involves complications, to the same far more serious infectious disease status as the plaque, smallpox, rabies, tuberculosis and yellow fever.
• The amendments which involve the electronic tagging and tracking of individuals who are suspected of being infected with or have tested positive for influenza can be seen as a first step to mandating influenza vaccinations for all residents of the Commonwealth of Virginia. It raises the question of whether individuals included in the electronic database will be required to receive influenza vaccinations, even if they have had previous vaccine reactions, are already vaccine injured or they hold sincere religious beliefs opposing vaccination.
• There is no scientific or legal justification provided for these proposed amendments that would allow state officials to electronically gather personal data and share it with federal officials and other entities, in violation of the constitutional right to privacy just because a Virginia citizen contacts a doctor with symptoms of an influenza-like-illness.
• The proposed amendments are especially invasive for Virginian citizens who test negative for influenza as The Centers for Disease Control acknowledges that about 80 percent of suspected influenza cases test negative for type A or B influenza when they are lab tested during the flu season.
• The proposed amendments could result in the under-reporting of patients with influenza like symptoms who have received a flu shot and over-reporting of patients with influenza like symptoms who have no record of receiving a flu shot. Over the past 15 flu seasons, the CDC has reported that influenza vaccines have been less than 50 percent effective. Vaccinated and unvaccinated persons can be asymptomatically infected with influenza or show only mild symptoms and annual estimates of prevalence and associated influenza mortality are far from precise. 
• Rapid lab tests for influenza, which are supposed to confirm the presence of influenza A or B in about 15 minutes, can be unreliable with both false positives and false negatives. The Annuals of Internal Medicine analyzed data from 124 studies to determine the accuracy of different types of rapid flu tests and found that rapid flu tests were between 54% to 95% accurate, depending on the type of test. 
• Not all doctor’s offices have access to rapid lab tests for influenza and instead must send a culture to be tested by an outside laboratory and may not receive results back before the 3-day reporting period thereby invading the privacy of and penalizing the vast majority of patients who will have their personal information entered into an electronic database for no other reason than they had influenza like symptoms.
• The amendment to Subsection B which requires laboratory directors to report, “any laboratory examinations of any clinical specimen that yields evidence of a disease” on the specified list of diseases, removes the requirement that “evidence” be, “by the laboratory method(s) indicated or any other confirmatory test” effectively. The effect is that laboratory directors may have to report examinations of any and all specimens which yield evidence of the listed diseases including the influenza virus (confirmed), whether or not the laboratory testing confirms the diagnosis through testing. This amendment has the potential to grossly inflate the number of cases of influenza reported each year.