Action:
Amend Regulation after Enactment of Chapters 207, 249, 441, and 505 of the 2024 Acts of Assembly
Action 6762
General Information
| Action Summary |
Chapters 207 and 249 of the 2024 Acts of Assembly amend and reenact § 32.1-127 (B)(32) of the Code of Virginia, which requires that every hospital where surgical procedures are performed adopt a policy requiring the use of a smoke evacuation system for all planned surgical procedures that are likely to generate surgical smoke. Therefore, every inpatient hospital and outpatient surgical hospital will be required to purchase and have available a surgical smoke evacuation system in an operating room during procedures that are likely to generate surgical smoke. Chapters 207 and 249 of the 2024 Acts of Assembly also provide a definition for “surgical smoke evacuation system.”
Chapters 441 and 505 of the 2024 Acts of Assembly amend and reenact § 32.1-127 (B)(2) of the Code of Virginia, which requires that all emergency departments (EDs) have at least one physician on duty and physically present at all times. Previously, § 32.1-127 (B)(2) only required a physician to be on call at all times. In practicality, this would require a licensed physician to be present at all times within an ED operated by a hospital in the Commonwealth of Virginia.
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| Chapters Affected |
Only affects this chapter.
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| Executive Branch Review |
This Action is exempt from Article 2 of the Administrative Process Act, but falls within the Executive Branch and
will be reviewed by the Governor's Office.
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| RIS Project |
Yes [7975] |
| New Periodic Review |
This action will not be used to conduct a new periodic review.
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Stages
Stages associated with this regulatory action.
| Stage ID |
Stage Type |
Status |
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10776
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Final
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Stage complete. This regulation became effective on 09/24/2025. |
Contact Information
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Name / Title:
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Geoff Garner
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Sr. Policy Analyst, OLC
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Address:
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9960 Mayland Drive
Henrico, VA 23233
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Email Address:
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regulatorycomment@vdh.virginia.gov
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Phone:
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(804)685-9690
FAX: ()-
TDD: ()-
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