Virginia Regulatory Town Hall
Virginia Department of Health
State Board of Health
Regulations for the Licensure of Nursing Facilities [12 VAC 5 ‑ 371]
Amend regulations to revise construction standards for nursing facilities
Action 4089
General Information
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. The 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 410 and 420 of chapter 371 pertaining to building and construction codes for nursing facilities. The purpose of the amendment will be to specify that all nursing facilities must comply with the Virginia Uniform Statewide building Code and new nursing facilities shall comply with the appropriate sections of the Guidelines. Further the amendment will clarify that the Guidelines take precedence over the Virginia Uniform Statewide Building Code.
Chapters Affected Only affects this chapter.
Executive Branch Review This action will go through the normal Executive Branch Review process.
RIS Project Yes  [003898]
Associated Petitions for Rulemaking Request to Amend Regulations for Licensure of Nursing Facilities
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
6776 NOIRA Stage complete. Comment period ended 12/06/2013.
7336 Proposed Stage complete. Comment period ended 05/06/2016.
8860 Final Stage complete. This regulation became effective on 03/31/2021.
Contact Information
Name / Title: Rebekah E. Allen  / Sr. Policy Analyst
Address: Virginia Department of Health
9960 Mayland Drive, Ste. 401
Richmond, VA 23233
Email Address:
Phone: (804)367-2102    FAX: (804)527-4502    TDD: ()-

This person is the primary contact for this chapter.