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Virginia Regulatory Town Hall
Agency
Virginia Department of Health
Board
State Board of Health
chapter
Regulations for the Licensure of Hospitals in Virginia [12 VAC 5 ‑ 410]
Action is Exempt from Article 2 of the Administrative Process Act
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.
Chapters Affected Only affects this chapter.
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.
RIS Project Yes  [7975]
New Periodic Review This action will not be used to conduct a new periodic review.
 
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Contact Information
Name / Title: Kim Beazley  / Director, Office of Licensure and Certification
Address: 9960 Mayland Dr., Suite 401
Henrico, VA 23233
Email Address: regulatorycomment@vdh.virginia.gov
Phone: (804)367-2102    FAX: ()-    TDD: ()-