Regulatory Alert
A Convenient Guide to Regulatory
Activity in the Commonwealth
November - December, 2008
The Regulatory
Alert is intended to assist General Assembly members as they keep
up with the myriad regulations being proposed by agencies in the
Commonwealth. The goal of this project is to provide a timely, simple,
and accurate summary of the rules that are being proposed by agencies,
boards, and commissions. Highlighting regulations when they are
published as "proposed regulations" gives General Assembly
members notice that the critical public participation phase of the
rulemaking process is well underway. It is during the public participation
process that the questions of an Assembly member or constituent
may be most effectively communicated to the agency and examined
by the individuals crafting the regulatory proposal.
The Regulatory
Alert is not intended to be a substitute for the comprehensive information
on agency rulemaking activity that is currently published biweekly
in the Virginia Register of Regulations or the notification
services offered by the Regulatory Town Hall website maintained
by the Department of Planning and Budget. It is hoped that the Legislative
Record will assist all members as they monitor the development,
modification and repeal of administrative rules in the Commonwealth.
Access the
Virginia Register of Regulations online at http://legis.state.va.us/codecomm/register/issfiles.htm
or contact epalen@leg.state.va.us
or the Code Commission staff at (804) 786-3591 for further information.
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TITLE 6.
CRIMINAL JUSTICE AND CORRECTIONS
FORENSIC
SCIENCE BOARD
6VAC40-60.
DNA Data Bank Regulations (adding 6VAC40-60-10 through 6VAC40-60-80).
Written public comment
may be submitted until 5 p.m. on January 23, 2009.
Summary:
The proposed
regulations establish the procedures for law enforcement to obtain information
from the DNA data bank and further establish who at the Department of
Forensic Science has access to the DNA data bank. The regulations also
detail the level of access for each Department of Forensic Science employee.
For further information,
please contact Michele M. Gowdy, Department Counsel, Department of Forensic
Science, Richmond, telephone (804) 786-6848, FAX (804)
786-6857, or email Michele.gowdy@dfs.virginia.gov.
TITLE
12. HEALTH
STATE
BOARD OF HEALTH
12VAC5-391.
Regulations for the Licensure of Hospice (amending 12VAC5-391-10, 12VAC5-391-120,
12VAC5-391-150, 12VAC5-391-160, 12VAC5-391-180, 12VAC5-391-300, 12VAC5-391-440,
12VAC5-391-450, 12VAC5-391-460, 12VAC5-391-480, 12VAC5-391-500; adding
12VAC5-391-395, 12VAC5-391-445, 12VAC5-391-446, 12VAC5-391-485, 12VAC5-391-495,
12VAC5-391-510).
Written public comment
may be submitted until 5 p.m. on January 23, 2009.
Summary:
Chapter 391
of the 2007 Acts of Assembly places oversight of hospice facilities
with the Department of Health and establishes that continuity of hospice
services provided in a patient's home also be provided in a dedicated
facility.
This change
in law necessitates amending the current regulation by expanding the
standards addressing patient care and safety in hospice facilities.
The proposed amendments also address omissions in the regulation when
it was revised in 2005. The proposed amendments (i) clarify definitions
pertaining to hospice facility and inpatient services; (ii) provide
clarification between a hospice facility and inpatient services in a
hospital or nursing facility; (iii) require notifying the Department
of Health of the relocation of a hospice facility; (iv) add provisions
for handling medical errors and drug reactions; (v) require compliance
with state and local codes, zoning and building ordinances and the Uniform
Statewide Building Code; (vi) prohibit a hospice facility from being
used for any purpose other than the provision of hospice services; (vii)
require that a set of as-built plans be retained; (viii) establish additional
physical plant requirements for operating a hospice facility; (ix) establish
necessary hospice facility financial controls and requirements for handling
patient funds; (x) require 24-hour nursing services including trained
and supervised staff to meet the total needs of the hospice patients;
(xi) allow facilities with six or fewer beds to have a single licensed
nurse as long as patient needs are met; (xii) provide for a 20-minute
response time if a registered nurse is not present at the facility;
and (xiii) make changes to provide consistency with other facility-type
regulations.
For further information,
please contact Carrie Eddy, Department of Health, Richmond, telephone
(804) 367-5100, or email carrie.eddy@vdh.virginia.gov.
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