| Action Summary | This regulatory action is taken in response to a Petition for Rulemaking. This action will bring the regulations into conformance with the provisions of §32.1-127.001 of the Code of Virginia, which was enacted in 2005. That Code section states that “Notwithstanding any law or regulation to the contrary,” the Board of Health shall promulgate regulations for the licensure of hospitals and nursing homes that include minimum standards for design and construction that are consistent with the current edition of the Guidelines for Design and Construction of Hospital and Health Care Facilities issued by the American Institute of Architects Academy of Architecture for Health (the Guidelines). However, the regulations currently state that the Virginia Uniform Statewide Building Code takes precedence over the Guidelines. That regulatory provision is contrary to the requirements of §32.1-127.001. The department plans to amend regulatory sections 650 and 1350 of chapter 410 pertaining to building and construction codes for inpatient and outpatient hospitals. The purpose of the amendment will be to specify that hospitals shall comply with Part 1 and sections 2.1-2.6 – based on the type of hospital – of the Guidelines, and that the Guidelines take precedence over the Virginia Uniform Statewide Building Code. The department further intends to specify in the regulations that entities licensed as of the effective date of the amendments may continue to be licensed in their current buildings. However, all new construction, renovation, modification, structural revision, etc of any space within a hospital will require full compliance with this provision for the entire area of the modified space. |
| Chapters Affected | Only affects this chapter. |
| Executive Branch Review | This action will go through the normal Executive Branch Review process. |
| RIS Project | Yes [003830] |
| Associated Petitions for Rulemaking | Request to Amend Regulations for Licensure of Hospitals |
| New Periodic Review | This action will not be used to conduct a new periodic review. |
| Name / Title: | Rebekah E. Allen / Sr. Policy Analyst |
| Address: |
Virginia Department of Health 9960 Mayland Drive, Ste. 401 Richmond, VA 23233 |
| Email Address: | regulatorycomment@vdh.virginia.gov |
| Phone: | (804)367-2102 FAX: (804)527-4502 TDD: ()- |