8/16/2013 8:38 am
Date / Time filed with the Register of Regulations
VA.R. Document Number: R____-______
Virginia Register Publication Information

Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
Agency Decision
Promulgating Board: State Board of Health
Regulatory Coordinator: Joseph Hilbert


Agency Contact: Carrie Eddy

Policy Analyst


Contact Address: Department of Health

9960 Mayland Drive, Suite 401

Richmond, VA 23233
Chapter Affected:
12 vac 5 - :
Statutory Authority: State:

Date Petition Received 04/05/2013
Petitioner Molly Vick
 Petitioner's Request
 The petitioner requests that the State Board of Health (the Board) promulgate regulations for the licensure of plastic surgery centers.  The petitioner cites from an official advisory opinion issued by the Attorney General dated August 20, 2010 to Delegate Robert Marshall and Senator Ralph Smith.  The petitioner quotes the following sections from the official advisory opinion: \"To promote "the protection, improvement and preservation of the public health" (VA. CODE ANN. § 32.1-2) the General Assembly has enacted Title 32.1 of the Code of Virginia, which provides in pertinent part for the regulation of medical and health care facilities (See Code a/Virginia, Title 32.1, Chapter 5 "Regulation of Medical Care Facilities and Services," §§ 32.1-123 through 32.1-162.15 (2009 & Supp. 2010)). In addition, because "the unregulated practice of the profession or occupation can harm or endanger the health, safety, or welfare of the public (VA. CODE ANN. § 54.1-100 (2009)) the Commonwealth further exercises its police power to oversee health professionals "for the exclusive purpose of protecting the public interest."  \"Virginia law provides that all hospitals in the Commonwealth are to be licensed (Section 32.1-125 (2009)) and directs the State Health Commissioner to issue licenses in accordance with the regulations of the Board and other law. The Code broadly defines "hospital" as "any facility ... in which the primary function is the provision of diagnosis, treatment, and of medical and nursing services, surgical or nonsurgical, for two or more nonrelated individuals, including ... outpatient surgical [hospitals]" (Section 32.1-123 (2009))" The petitioner then states that \"Although 'Plastic Surgery Centers' are not specifically mentioned, this definition encompasses facilities in which plastic surgeries are performed."
 Agency Plan
  Following a 21-day public comment period, VDH will consider the petition in light of any comments or information received.
Publication Date 05/06/2013  (comment period will also begin on this date)
Comment End Date 05/26/2013
 Agency Decision
Take no action
Agency Response Date 08/16/2013
 Agency Decision Text
 The Board does not have the statutory authority to regulate "plastic surgery centers" through licensure unless they meet the definition of "hospital".  To the extent a "plastic surgery center" meets the definition of a "hospital," it is already regulated under 12 VAC 5-410, unless it is exempt from licensure under Virginia Code 32.1-124. The Board does not have statutory authority to regulate entities that do not meet the definition of "hospital" or are exempt from licensure under Virginia Code 32.1-124.