| 6/16/2022 12:05 pm 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
X
Agency Decision
| Promulgating Board: | Board of Medicine |
| Regulatory Coordinator: | Erin Barrett (804)367-4688 erin.barrett@dhp.virginia.gov |
| Agency Contact: | William L. Harp, M.D. Executive Director (804)367-4558 william.harp@dhp.virginia.gov |
| Contact Address: | Department of Health Professions 9960 Mayland Drive Suite 300 Richmond, VA 23233 |
| Chapter Affected: | |
| 18 vac 85 - 20: | Regulations Governing the Practice of Medicine, Osteopathic Medicine, Podiatry, and Chiropractic |
| Statutory Authority: |
State: Chapter 29 of Title 54.1 Federal: |
| Date Petition Received | 03/23/2022 |
| Petitioner | Michael J. Schultz |
The petitioner requests that the Board amend its regulations to: (1) prohibit physicians,
podiatrists, and chiropractors from refusing to provide medical care to patients or
prospective patients if those individuals or their accompanying representatives refuse
to wear masks; (2) prohibit physicians, podiatrists, and chiropractors from enforcing
any requirements for patients, prospective patients, or patient representatives to
wear masks to receive medical care, including when following policies of insurers
or organizations or when following guidance issued by the Centers for Disease Control,
local health departments, or the Virginia Department of Health; (3) prohibit physicians,
podiatrists, and chiropractors from refusing to provide medical care to any patient
or prospective patient based on the vaccination status of the patient or patient representative
for any COVID-19 vaccine or for any vaccine under Emergency Use Authorization status;
and (4) prohibit physicians, podiatrists, and chiropractors from refusing to provide
medical care to any patient or prospective patient who refuses to disclose whether
they have received any vaccine, including any COVID-19 vaccine.
Agency Plan
The petition for rulemaking will be published in the Virginia Register of Regulations
on April 11, 2022 and on the Virginia Regulatory Townhall. Public comment will open
on April 11, 2022 and will close on May 11, 2022. The Board will consider the petition
and all comments in support or opposition at its next meeting on June 17, 2022. The
petitioner will be notified of the Board\'s decision after that meeting.
| Publication Date | 04/11/2022 (comment period will also begin on this date) |
| Comment End Date | 05/11/2022 |
Take no action
| Agency Response Date | 06/16/2022 |
The Board considered the petition at its June 16, 2022 meeting and decided it would
take no action. Regulating the business decisions of practices, health systems, and
hospitals is beyond the Board's jurisdiction. The Board has no authority over health
system or hospital policy, and will not categorically penalize practitioners for following
directives of those organizations. Additionally, the Board wishes to preserve physician
autonomy, particularly the medical judgment of practitioners, in ways that are in
the best interests of public health or individual patients.