secretary
Health and Human Resources
Agency
Virginia Department of Health
Board
State Board of Health
Petition 457
Petition Information
Petition Title Medical Device Implant Serial Number
Date Filed 8/17/2026    [Transmittal Sheet]
Petitioner Bernadette Lozano 
Petitioner's Request

Petitioner requests the State Board of Health ("Board") to amend 12VAC5-410-420 to mandate surgeons performing medical device implants of any kind to include the implants' serial number information directly on their "Surgeon Summary Report" ("Report") and/or to otherwise provide the serial number information directly to the patient before they are released to return home from a medical facility or surgery center. 

Petitioner states that it can be difficult for a patient to receive serial number identifying information for each part named in the Report that is released to a patient. Petitioner noted experiencing this circumstance and that her surgeon relayed that no mandate exists in Virginia to provide a serial number listed next to the identified medical device implant part name on the Report. Additionally, Petitioner stated that identifying serial number information is archived separately from a patient's medical record maintained at their physician's office.

 
Agency's Plan

Pursuant to § 2.2-4007 of the Code of Virginia, the petition for rulemaking will be published in the Virginia Register of Regulations on September 7, 2026 (Volume 43, Issue 2). The petition will also be published on the Virginia Regulatory Town Hall (www.townhall.virginia.gov). Public comment on the petition will be received from September 7, 2026, to September 28, 2026. 

Following receipt of public comment and within 90 days of the end of the public comment period, a written decision to grant or deny the petition will be issued.

 
Comment Period red dot In Progress!
Began 9/7/2026    Ends 9/28/2026
Currently 4 comments
Virginia Register Announcement Submitted on 8/17/2026
 
The Virginia Register of Regulations
 
Published on: 9/7/2026     Volume: 43  Issue: 2
Agency Decision Pending    

Contact Information
Name / Title: Geoff Garner, JD  / Sr. Policy Analyst
Address: 9960 Mayland Dr., Suite 401
Henrico, 23233
Email Address: regulatorycomment@vdh.virginia.gov
Telephone: (804)367-2157    FAX: (804)864-7022    TDD: ()-