| Action Summary | This action will amend the regulations based on the findings of a periodic review. As a result of the review, the Department of Health determined it was necessary to use the regulatory process to amend these regulations. It is necessary to amend these regulations to: remove unnecessary definitions, insert additional best practices regarding medical testing and laboratory services, insert additional best practices regarding anesthesia service, align the requirements regarding emergency services more specifically with medical best practices, amend the requirements for facility design and construction, and make minor technical amendments. In the time since the Board of Health approved proposed amendments at its September 2015 meeting, the U.S. Supreme Court issued its decision in Whole Woman's Health v. Hellerstedt, 579 U.S. ___ (2016). As a result of that June 2016 decision, additional amendments to the regulations were deemed necessary by the Department based on advice from the Office of the Attorney General. The following additional amendments have been proposed: Onsite Inspections–striking certain requirements; Patient’s Rights–Striking specific reference to Joint Commission Standards; Infection Control–Striking specific reference to CDC Guidelines; Maintenance–Striking certain requirements already addressed by existing legal requirements; Firefighting Equipment and Systems–Striking requirements already addressed by existing legal requirements; Design and Construction–Amended to specify that all construction of new buildings and additions, or major renovations to existing buildings for occupancy as an abortion facility shall conform to state and local codes and ordinances. At a special meeting of the Board of Health on October 24th, 2016, several additional amendments to the proposed language were submitted as motions by individual Board members and approved by the Board. |
| Chapters Affected | Only affects this chapter. |
| Executive Branch Review | This action will go through the normal Executive Branch Review process. |
| RIS Project | Yes [004258] |
| Result of Prior Periodic Review Filed | 5/15/2014 |
| 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: ()- |