reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 462 - SWIMMING POOL REGULATIONS GOVERNING THE POSTING OF WATER QUALITY TEST RESULTS › Part III - Procedural Regulations › Article 2 - Enforcement of Regulations › Section 12VAC5-462-130 - Compliance with effective orders

Current through Register Vol. 40, No. 24, July 15, 2024
The commissioner may enforce all orders. Should any owner
						or other person fail to comply with any order, the commissioner may:
1. Apply to an appropriate court for an
					 injunction or other legal process to prevent or stop any practice in violation
					 of the order;
2. Commence
					 administrative proceedings to suspend or revoke the operations permit if the
					 public swimming pool is a tourist establishment pool.
3. Request the Attorney General to bring an
					 action for civil penalty, injunction, or other appropriate remedy; or
4. Request the Commonwealth's Attorney to
					 bring a criminal action.
Statutory Authority
§§ 32.1-12 and 32.1-248.1 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 462 - SWIMMING POOL REGULATIONS GOVERNING THE POSTING OF WATER QUALITY TEST RESULTS › Part III - Procedural Regulations › Article 2 - Enforcement of Regulations › Section 12VAC5-462-140 - Not exclusive means of enforcement

Current through Register Vol. 40, No. 24, July 15, 2024
Nothing contained in Article 2 of this part shall be
						interpreted to require the commissioner to issue an order prior to commencing
						administrative proceedings or seeking enforcement of any regulations or statute
						through an injunction, mandamus or criminal prosecution, nor shall anything in
						this chapter affect the authority of the board or commissioner from issuing an
						emergency order under § 32.1-13 of the Code of Virginia.
Statutory Authority
§§ 32.1-12 and 32.1-248.1 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 462 - SWIMMING POOL REGULATIONS GOVERNING THE POSTING OF WATER QUALITY TEST RESULTS › Part III - Procedural Regulations › Article 3 - Variances › Section 12VAC5-462-150 - Granting a variance

Current through Register Vol. 40, No. 24, July 15, 2024
Only the commissioner or the deputy commissioners may
						grant a variance to this chapter. (See §§ 32.1-12 and 32.1-22 of the
						Code of Virginia and
						12VAC5-462-40.) The commissioner
						or the deputy commissioners shall follow the appropriate procedures set forth
						in this article in granting a variance.
Statutory Authority
§§ 32.1-12 and 32.1-248.1 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 462 - SWIMMING POOL REGULATIONS GOVERNING THE POSTING OF WATER QUALITY TEST RESULTS › Part III - Procedural Regulations › Article 3 - Variances › Section 12VAC5-462-160 - Requirements for a variance

Current through Register Vol. 40, No. 24, July 15, 2024
The commissioner may grant a variance if a thorough
						investigation reveals that the hardship imposed by this chapter outweighs the
						benefits that may be received by the public. Further, the granting of such a
						variance shall not subject the public to unreasonable health
						risks.
Statutory Authority
§§ 32.1-12 and 32.1-248.1 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 462 - SWIMMING POOL REGULATIONS GOVERNING THE POSTING OF WATER QUALITY TEST RESULTS › Part III - Procedural Regulations › Article 3 - Variances › Section 12VAC5-462-170 - Application for a variance

Current through Register Vol. 40, No. 24, July 15, 2024
Any owner who seeks a variance shall apply in writing.
						The application shall be signed by the owner, addressed and sent to the
						commissioner at the State Department of Health in Richmond. The application
						shall include:
1. A citation to the
					 regulation from which a variance is requested;
2. The nature and duration of the variance
					 requested;
3. Any relevant
					 analytical results including results of relevant tests conducted pursuant to
					 the requirements of this chapter;
4. Statements or evidence why the public
					 health and welfare would not be degraded if the variance were
					 granted;
5. Suggested conditions
					 that might be imposed on the granting of a variance that would limit the
					 detrimental impact on the public health and welfare;
6. Other information, if any, believed
					 pertinent by the applicant; and
7.
					 Such other information as the district or local health department or
					 commissioner may require.
Statutory Authority
§§ 32.1-12 and 32.1-248.1 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 462 - SWIMMING POOL REGULATIONS GOVERNING THE POSTING OF WATER QUALITY TEST RESULTS › Part III - Procedural Regulations › Article 3 - Variances › Section 12VAC5-462-180 - Evaluation of a variance application

Current through Register Vol. 40, No. 24, July 15, 2024
A. The commissioner shall act on any variance
					 request submitted pursuant to
					 12VAC5-462-170 within 60 calendar
					 days of receipt of the request.
B.
					 In the evaluation of a variance application, the commissioner shall consider
					 the following factors:
1. The effect that
					 such a variance would have on informing swimming pool users of water quality
					 test results and water quality standards;
2. The cost and other economic considerations
					 imposed by this requirement;
3. The
					 effect that such a variance would have on protection of the public health,
					 welfare and safety;
4. Such other
					 factors as the commissioner may deem appropriate.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 462 - SWIMMING POOL REGULATIONS GOVERNING THE POSTING OF WATER QUALITY TEST RESULTS › Part III - Procedural Regulations › Article 3 - Variances › Section 12VAC5-462-190 - Disposition of a variance request

Current through Register Vol. 40, No. 24, July 15, 2024
A. The commissioner may deny any application
					 for a variance by sending a denial notice to the applicant by certified mail.
					 The notice shall be in writing and shall state the reasons for the
					 denial.
B. If the commissioner
					 proposes to grant a variance request submitted pursuant to
					 12VAC5-462-170 the applicant shall
					 be notified in writing of this decision. Such notice shall identify the
					 variance, swimming pool covered, and shall specify the period of time for which
					 the variance will be effective. The effective date of a variance shall be as
					 stated in the variance.
C. No owner
					 may challenge the terms or conditions set forth in the variance after 30
					 calendar days have elapsed from the effective date of the variance.
Statutory Authority
§§ 32.1-12 and 32.1-248.1 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 462 - SWIMMING POOL REGULATIONS GOVERNING THE POSTING OF WATER QUALITY TEST RESULTS › Part III - Procedural Regulations › Article 3 - Variances › Section 12VAC5-462-200 - Posting of variances

Current through Register Vol. 40, No. 24, July 15, 2024
All variances granted shall be posted in plain view of
						swimming pool users.
Statutory Authority
§§ 32.1-12 and 32.1-248.1 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 462 - SWIMMING POOL REGULATIONS GOVERNING THE POSTING OF WATER QUALITY TEST RESULTS › Part III - Procedural Regulations › Article 3 - Variances › Section 12VAC5-462-210 - Hearings on disposition of variances

Current through Register Vol. 40, No. 24, July 15, 2024
Hearings on denials of an application for a variance or
						on challenges to the terms and conditions of a granted variance may be held
						pursuant to
						12VAC5-462-230 or
						12VAC5-462-240, except that
						informal hearings under
						12VAC5-462-230 shall be held by
						the commissioner or his designee.
Statutory Authority
§§ 32.1-12 and 32.1-248.1 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 462 - SWIMMING POOL REGULATIONS GOVERNING THE POSTING OF WATER QUALITY TEST RESULTS › Part III - Procedural Regulations › Article 4 - Hearings and Appeals › Section 12VAC5-462-220 - Hearing types

Current through Register Vol. 40, No. 24, July 15, 2024
Hearings before the commissioner or the commissioner's
						designees shall include any of the forms described in
						12VAC5-462-230 or 123VAC5-462-240
						depending on the nature of the controversy and the interests of the parties
						involved.
Statutory Authority
§§ 32.1-12 and 32.1-248.1 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 462 - SWIMMING POOL REGULATIONS GOVERNING THE POSTING OF WATER QUALITY TEST RESULTS › Part III - Procedural Regulations › Article 4 - Hearings and Appeals › Section 12VAC5-462-230 - Informal hearings

Current through Register Vol. 40, No. 24, July 15, 2024
An informal hearing is a meeting with a district or local
						health department with the district or local health director presiding and held
						in conformance with § 9-6.14:11 of the Code of Virginia. The district or
						local health department shall consider all evidence presented at the meeting
						which is relevant to the issue in controversy. Presentation of evidence,
						however, is entirely voluntary. The district or local health department shall
						have no subpoena power. No verbatim record need be taken at the informal
						hearing. The local or district health director shall review the facts presented
						and based on those facts render a decision. A written copy of the decision and
						the basis for the decision shall be sent to the appellant within 15 working
						days of the hearing, unless the parties mutually agree to a later date in order
						to allow the department to evaluate additional evidence. If the decision is
						adverse to the interests of the appellant, an aggrieved appellant may request
						an adjudicatory hearing pursuant to
						12VAC5-462-240.
Statutory Authority
§§ 32.1-12 and 32.1-248.1 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 462 - SWIMMING POOL REGULATIONS GOVERNING THE POSTING OF WATER QUALITY TEST RESULTS › Part III - Procedural Regulations › Article 4 - Hearings and Appeals › Section 12VAC5-462-240 - Adjudicatory hearing

Current through Register Vol. 40, No. 24, July 15, 2024
The adjudicatory hearing is a formal, public adjudicatory
						proceeding before the commissioner, or a designated hearing officer, and held
						in conformance with § 9-6.14:12 of the Code of Virginia. An adjudicatory
						hearing includes the following features:
1. Notice.
Notice which states the time and place and the issues
						involved in the prospective hearing shall be sent to the owner or other person
						who is the subject of the hearing. Notice shall be sent by certified mail at
						least 15 calendar days before the hearing is to take place.
2. Record.
A record of the hearing shall be made by a court
						reporter. A copy of the transcript of the hearing, if transcribed, will be
						provided within a reasonable time to any person upon written request and
						payment of the cost.
3.
					 Evidence.
All interested parties may attend the hearing and submit
						oral and documentary evidence and rebuttal proofs, expert or otherwise, that
						are material and relevant to the issues in controversy. The admissibility of
						evidence shall be determined in accordance with § 9-6.14:12 of the Code of
						Virginia.
4. Counsel.
All parties may be accompanied by and represented by
						counsel and are entitled to conduct such cross-examination as may elicit a full
						and fair disclosure of the facts.
5. Subpoena.
Pursuant to § 9-6.14:13 of the Code of Virginia, the
						commissioner or hearing officer may issue subpoenas on behalf of himself or any
						person or owner for the attendance of witnesses and the production of books,
						papers or maps. Failure to appear or to testify or to produce documents without
						adequate excuse may be reported by the commissioner to the appropriate circuit
						court for enforcement.
6.
					 Judgment and final order.
The commissioner may designate a hearing officer to
						conduct the hearing as provided in §§ 9-6.14:12 and 9-6.14:14.1 of
						the Code of Virginia, and to make written recommended findings of fact and
						conclusions of law to be submitted for review and final decision by the
						commissioner. The final decision of the commissioner shall be reduced to
						writing and will contain the explicit findings of fact upon which his decision
						is based. Certified copies of the decision shall be delivered to the owner
						affected by it. Notice of a decision will be served upon the parties and become
						a part of the record. Service may be by personal service or certified mail
						return receipt requested.
Statutory Authority
§§ 32.1-12 and 32.1-248.1 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 462 - SWIMMING POOL REGULATIONS GOVERNING THE POSTING OF WATER QUALITY TEST RESULTS › Part III - Procedural Regulations › Article 4 - Hearings and Appeals › Section 12VAC5-462-250 - Request for hearing

Current through Register Vol. 40, No. 24, July 15, 2024
A request for an informal hearing shall be made by
						sending the request in writing to the district or local health department. A
						request for an adjudicatory hearing shall be made in writing and directed to
						the commissioner at the State Department of Health in Richmond. Requests for
						hearings shall cite the reason(s) for the hearing request and shall cite the
						section(s) of this chapter involved.
Statutory Authority
§§ 32.1-12 and 32.1-248.1 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 462 - SWIMMING POOL REGULATIONS GOVERNING THE POSTING OF WATER QUALITY TEST RESULTS › Part III - Procedural Regulations › Article 4 - Hearings and Appeals › Section 12VAC5-462-260 - Hearing as a matter of right

Current through Register Vol. 40, No. 24, July 15, 2024
Any owner or other person whose rights, duties, or
						privileges have been or may be affected by any decision of the board or its
						subordinates in the administration of this chapter shall have a right to both
						informal and adjudicatory hearings. The commissioner may require participation
						in informal and adjudicatory hearings. The commissioner may require
						participation in an informal hearing before granting the request for a full
						adjudicatory hearing.
Statutory Authority
§§ 32.1-12 and 32.1-248.1 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 462 - SWIMMING POOL REGULATIONS GOVERNING THE POSTING OF WATER QUALITY TEST RESULTS › Part III - Procedural Regulations › Article 4 - Hearings and Appeals › Section 12VAC5-462-270 - Appeals

Current through Register Vol. 40, No. 24, July 15, 2024
Any request for hearing on the denial of an application
						for a variance pursuant to
						12VAC5-462-190 must be made in
						writing and received within 60 days of receipt of the denial
						notice.
Statutory Authority
§§ 32.1-12 and 32.1-248.1 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 462 - SWIMMING POOL REGULATIONS GOVERNING THE POSTING OF WATER QUALITY TEST RESULTS › Part IV - Posting Requirements › Section 12VAC5-462-280 - Posting of water quality test results and water quality standards

Current through Register Vol. 40, No. 24, July 15, 2024
A. The test results
				  and water quality standards shall be posted in a location where it is readily
				  observable by the users of the swimming facility.
B. The test results and water quality
				  standards shall be posted on durable waterproof material.
C. The owner is responsible for meeting the
				  requirements set forth in this chapter.
D. The water quality tests shall be performed
				  and posted at least once daily and as often as necessary to maintain the
				  standards as set forth in this chapter. When more than one test is conducted
				  during an operating day, the most recent test results shall be
				  posted.
Statutory Authority
§§ 32.1-12 and 32.1-248.1 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 462 - SWIMMING POOL REGULATIONS GOVERNING THE POSTING OF WATER QUALITY TEST RESULTS › Part IV - Posting Requirements › Section 12VAC5-462-290 - Water quality standards

Current through Register Vol. 40, No. 24, July 15, 2024
Free chlorine and bromine residuals and pH values and
					 temperature shall be continuously maintained within the following
					 ranges:
1. Pools.
Water Quality Standards
Free Residual Disinfectant
Minimum
Maximum
Chlorine
1.0 ppm
3.0 ppm
Bromine
2.0 ppm
4.0 ppm
pH
7.2
7.8
Temperature
none
104° Fahrenheit (40° Celsius) (Heated Pools
							 Only)
2.
				  Spas.
Water Quality Standards
Free Residual Disinfectant
Minimum
Maximum
Chlorine
2.0 ppm
10.0 ppm
Bromine
2.0 ppm
10.0 ppm
pH
7.2
7.8
Temperature
none
104° Fahrenheit (40° Celsius)
Statutory Authority
§§ 32.1-12 and 32.1-248.1 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 462 - SWIMMING POOL REGULATIONS GOVERNING THE POSTING OF WATER QUALITY TEST RESULTS › Part IV - Posting Requirements › Section 12VAC5-462-300 - Test kits

Current through Register Vol. 40, No. 24, July 15, 2024
Test kits for the measurement of all required chemistry
					 parameters in this chapter shall be provided and maintained at each public
					 swimming pool. The test kits shall be capable of measuring the disinfectant
					 residuals accurately to within 0.5 ppm.
Statutory Authority
§§ 32.1-12 and 32.1-248.1 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 475 - REGULATIONS IMPLEMENTING THE VIRGINIA DONOR REGISTRY › Part I - Definitions and General nformation › Section 12VAC5-475-20

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 32.1-292.2 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 475 - REGULATIONS IMPLEMENTING THE VIRGINIA DONOR REGISTRY › Part I - Definitions and General nformation › Section 12VAC5-475-30 - Administration

Current through Register Vol. 40, No. 24, July 15, 2024
A. The VTC, as
				  authorized by the board pursuant to § 32.1-292.2 D 2 of the Code of
				  Virginia, shall analyze registry data under research protocols directed toward
				  determination and identification of means to promote and increase organ, eye,
				  and tissue donation within the Commonwealth.
B. All persons responsible for the
				  administration of the Virginia Donor Registry shall ensure that the registry
				  and all information therein shall be confidential in accordance with
				  §§ 32.1-127.1:03 and 32.1-292.2 B of the Code of Virginia and other
				  applicable state and federal law.
C. The VTC shall maintain and report annually
				  the following information to the board:
(i)
				  the number of unique individuals registered in the registry;
(ii) the number of recovered organ donors;
(iii) the number or recovered
				  organ donors who were identified through the registry;
(iv) the number of recovered tissue donors;
(v) the number of recovered tissue
				  donors who were identified through the registry;
(vi) the number of recovered eye/cornea
				  donors; and
(vii) the number of
				  recovered eye/cornea donors identified through the registry. This report shall
				  be made on or before September 30 of each year and contain information
				  pertaining to the previous fiscal year.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 475 - REGULATIONS IMPLEMENTING THE VIRGINIA DONOR REGISTRY › Part I - Definitions and General nformation › Section 12VAC5-475-40

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 32.1-292.2 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 475 - REGULATIONS IMPLEMENTING THE VIRGINIA DONOR REGISTRY › Part II - Registry Information › Section 12VAC5-475-50 - Registry membership

Current through Register Vol. 40, No. 24, July 15, 2024
The registry shall record anatomical gifts made in
					 accordance with the Revised Uniform Anatomical Gift Act (§ 32.1-291.1 et
					 seq. of the Code of Virginia). Designees may assist individuals to complete a
					 signed donor registration form.
Those persons who have designated an anatomical gift on
					 their driver's license or personal identification card as authorized by the
					 Department of Motor Vehicles will be automatically entered into the registry.
					 Through interagency agreement, the Department of Motor Vehicles will assist the
					 department by electronically providing this information to the registry on a
					 regular basis as agreed upon by the Department of Motor Vehicles and the VTC.
					 Persons who make an anatomical gift by completing the donor registration form
					 available on the DonateLifeVirginia.org website will also be automatically
					 entered into the registry.
Statutory Authority: § 32.1-292.2 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 475 - REGULATIONS IMPLEMENTING THE VIRGINIA DONOR REGISTRY › Part II - Registry Information › Section 12VAC5-475-60 - Data to be recorded

Current through Register Vol. 40, No. 24, July 15, 2024
The following information shall be recorded in the
					 registry: the donor's full name, address (including county or independent city
					 of residence with zip code), date of birth, age, sex, race, and driver's
					 license number or unique identification number. If the donor is under the age
					 of 18, the name, address, and unique identification number of the donor's
					 parent or legal guardian shall be recorded.
Statutory Authority: § 32.1-292.2 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 475 - REGULATIONS IMPLEMENTING THE VIRGINIA DONOR REGISTRY › Part II - Registry Information › Section 12VAC5-475-70 - Removal from the registry

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  A person who has joined the registry may amend his anatomical gift or revoke
				  the anatomical gift by filing an appropriate form with the VTC in accordance
				  with the Revised Uniform Anatomical Gift Act (§ 32.1-291.1 et seq. of the
				  Code of Virginia) or subsection I of § 46.2-342 of the Code of
				  Virginia.
B. Persons who revoke an
				  anatomical gift shall be automatically removed from the registry by the
				  VTC.
C. Persons can revoke an
				  anatomical gift by completing any of the following actions:
1. Notifying the VTC in writing using an
				  appropriate form provided by the VTC, which shall result in being removed from
				  the registry upon receipt of notification by the VTC;
2. Completing the form available on the
				  DonateLifeVirginia.org website, which shall result in immediate removal from
				  the registry by the VTC; or
3. Not
				  renewing an anatomical gift when renewing or replacing a driver's license or
				  personal identification card at the Department of Motor Vehicles, which will
				  result in being removed from the registry within 24 hours of receipt of
				  notification to the VTC from the Department of Motor Vehicles.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 475 - REGULATIONS IMPLEMENTING THE VIRGINIA DONOR REGISTRY › Part III - Access, Use, and Dissemination of Registry Information › Section 12VAC5-475-75 - Access

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except as
				  otherwise provided by law, no person shall have access to the registry except
				  as provided in this section.
B.
				  Designees shall have access to the registry for the purpose of creating,
				  amending, or revoking the registrant's anatomical gift.
C. The registry and all information therein
				  shall be accessible 24 hours a day and only to specific designees of organ
				  procurement organizations, eye banks, and tissue banks for the purpose of
				  identifying a potential donor according to the provisions of §§
				  32.1-127 and 32.1-292.2 of the Code of Virginia. The name of such designees
				  shall be provided to the VTC. If at any time the designee is unable to carry
				  out his responsibilities with respect to the registry, a replacement shall be
				  selected and the VTC shall be notified of such replacement.
D. Persons who require access to the registry
				  for operational and maintenance purposes shall have access to the registry upon
				  receipt from VTC of appropriate access privileges.
E. The department shall be provided access to
				  the registry for the purpose of exercising responsibility for oversight of VTC
				  activities. The department shall not have access to personal information of
				  registrants unless such access is required for the department's oversight
				  responsibilities.
Statutory Authority: § 32.1-292.2 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 475 - REGULATIONS IMPLEMENTING THE VIRGINIA DONOR REGISTRY › Part III - Access, Use, and Dissemination of Registry Information › Section 12VAC5-475-80 - Use

Current through Register Vol. 40, No. 24, July 15, 2024
The designees of organ procurement organizations, eye
					 banks, and tissue banks and all other persons with authorized access to the
					 registry shall have an organizational or individual pass code, or both,
					 assigned by the VTC to gain entry to the registry via the website.
Once entry to the registry has been established, the
					 designees shall enter the decedent's full name, date of birth, driver's license
					 number, unique identification number, or any combination thereof, to verify
					 whether the decedent made a donor designation in the registry. Once the
					 decedent's donor designation has been verified, the designees shall include the
					 document of gift as part of the donor record maintained by the organ
					 procurement organization, eye bank, and tissue bank.
If the decedent is not in the registry, the designees
					 shall exit the registry.
Statutory Authority: § 32.1-292.2 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 475 - REGULATIONS IMPLEMENTING THE VIRGINIA DONOR REGISTRY › Part III - Access, Use, and Dissemination of Registry Information › Section 12VAC5-475-90 - Dissemination

Current through Register Vol. 40, No. 24, July 15, 2024
The organ procurement organizations, eye banks, and tissue
					 banks with authorized access to the registry may disclose the contents of the
					 decedent's document of gift to the decedent's next of kin, the nearest
					 available relative, a member of the decedent's household, an individual with an
					 affinity relationship, the decedent's physicians, and any other person or
					 entity specified in §§ 32.1-291.9 and 32.1-291.11 of the Code of
					 Virginia, in order to demonstrate that the decedent made an anatomical gift in
					 accordance with the Revised Uniform Anatomical Gift Act (§ 32.1-291.1 et
					 seq. of the Code of Virginia), § 46.2-342 of the Code of Virginia, or an
					 advance directive executed pursuant to the Health Care Decisions Act (§
					 54.1-2981 et seq. of the Code of Virginia).
Statutory Authority: § 32.1-292.2 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 475 - REGULATIONS IMPLEMENTING THE VIRGINIA DONOR REGISTRY › Part III - Access, Use, and Dissemination of Registry Information › Form - FORMS (12VAC5-475)

Current through Register Vol. 40, No. 24, July 15, 2024
Registry
					 Removal Form, DonateLifeVirginia.org (eff. 12/13)
Statutory Authority: § 32.1-46.01 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 480 - RADIATION PROTECTION REGULATIONS [REPEALED] › Part VII - X-rays in the Healing Arts [REPEALED] › Section 12VAC5-480-8430 to 12VAC5-480-8530

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 480 - RADIATION PROTECTION REGULATIONS [REPEALED] › Part VII - X-rays in the Healing Arts [REPEALED] › Section 12VAC5-480-8540 to 12VAC5-480-8570

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 480 - RADIATION PROTECTION REGULATIONS [REPEALED] › Part IX - Radiation Safety Requirements for Analytical X-ray Equipment [REPEALED] › Section 12VAC5-480-8580 to 12VAC5-480-8630

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 480 - RADIATION PROTECTION REGULATIONS [REPEALED] › Part X - Radiation Safety Requirements for Particle Accelerators [REPEALED] › Section 12VAC5-480-8640 to 12VAC5-480-8750

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 480 - RADIATION PROTECTION REGULATIONS [REPEALED] › Part XI - Notices, Instructions and Reports to Workers: Inspections [REPEALED] › Section 12VAC5-480-8760 to 12VAC5-480-8920

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part I - General Provisions › Section 12VAC5-481-20 - Scope

Current through Register Vol. 40, No. 24, July 15, 2024
Except as otherwise specifically provided, these
					 regulations apply to all persons who receive, possess, use, transfer, own, or
					 acquire any source of radiation; provided, however, that nothing in these
					 regulations shall apply to any person to the extent such person is subject to
					 regulation by the NRC. Attention is directed to the fact that regulation by the
					 state of source material, byproduct material, and special nuclear material in
					 quantities not sufficient to form a critical mass is subject to the provisions
					 of the agreement between the state and the NRC and to 10 CFR Part 150 of the
					 commission's regulations.
To reconcile differences between this chapter and the
					 incorporated sections of federal regulations and to effectuate their joint
					 enforcement, the following words and phrases shall be substituted for the
					 language of the federal regulations:
1. A reference to "NRC" or "Commission" means
				  agency.
2. A reference to "NRC or
				  agreement state" means agency, NRC or another agreement state.
3. The definition of "sealed source" includes
				  NARM.
4. A reference to "byproduct
				  material" includes NARM.
5.
				  Notifications, reports and correspondence referenced in the incorporated parts
				  of 10 CFR shall be directed to the agency and, for NRC licenses, to the NRC
				  until agreement state status is in effect.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part I - General Provisions › Section 12VAC5-481-30 - Deliberate misconduct

Current through Register Vol. 40, No. 24, July 15, 2024
A. No
				  person may do any of the following:
1. Engage
				  in deliberate misconduct that causes or would have caused, if not detected, a
				  licensee, registrant or applicant under this chapter to be in violation of any
				  rule or order of the agency; or any term, condition or limitation of any
				  license or registration issued by the agency under this chapter.
2. Deliberately submit to the agency, a
				  licensee, registrant or applicant under this chapter; or a contractor or
				  subcontractor of a licensee, registrant or applicant under this chapter; any
				  information that the person knows to be incomplete or inaccurate.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part I - General Provisions › Section 12VAC5-481-90 - Exemptions from regulatory requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may, upon application or upon
				  its own initiative, grant such exemptions or exceptions from the requirements
				  of these regulations as it determines are authorized by law and will not result
				  in undue hazard to public health and safety or property.
B. Any Department of Energy contractor or
				  subcontractor and any NRC contractor or subcontractor of the following
				  categories operating within this state is exempt from these regulations to the
				  extent that such contractor or subcontractor under his contract receives,
				  possesses, uses, transfers, or acquires sources of radiation:
1. Prime contractors performing work for the
				  Department of Energy at United States government-owned or controlled sites,
				  including the transportation of sources of radiation to or from such sites and
				  the performance of contract services during temporary interruptions of such
				  transportation;
2. Prime
				  contractors of the Department of Energy performing research in, or development,
				  manufacture, storage, testing, or transportation of, atomic weapons or
				  components thereof;
3. Prime
				  contractors of the Department of Energy using or operating nuclear reactors or
				  other nuclear devices in a United States Government-owned vehicle or vessel;
				  and
4. Any other prime contractor
				  or subcontractor of the Department of Energy or of the NRC when the state and
				  the NRC jointly determine:
a. That the
				  exemption of the prime contractor or subcontractor is authorized by law;
				  and
b. That, under the terms of the
				  contract or subcontract, there is adequate assurance that the work thereunder
				  can be accomplished without undue risk to the public health and
				  safety.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part I - General Provisions › Section 12VAC5-481-100 - Records

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each licensee
				  and registrant shall maintain records showing the receipt, transfer, and
				  disposal of all sources of radiation as follows:
1. As long as the material is possessed and
				  for three years following transfer or disposition of the radioactive
				  material.
2. Until the agency
				  terminates the license for the licensee who transferred the material.
3. Until the agency terminates the license
				  for the licensee who disposes the material.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part I - General Provisions › Section 12VAC5-481-110 - Inspections and enforcement

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each
				  licensee and registrant shall afford the agency at all reasonable times
				  opportunity to inspect sources of radiation and the premises and facilities
				  wherein such sources of radiation are used or stored.
B. Each licensee and registrant shall make
				  available to the agency for inspection, upon reasonable notice, records
				  maintained pursuant to these regulations.
C. Enforcement.
1. Whenever the department finds, following
				  inspection and examination, that a source of radiation as constructed, operated
				  or maintained results in a violation of this article or of any rules
				  promulgated under this article, the department shall:
a. Notify the person in control of the source
				  of radiation as to the nature of the violation; and
b. Specify a time frame for termination or
				  abatement of the violation, including a deadline by which the source of the
				  violation shall be reconstructed, operated, or maintained in compliance with
				  this article and any regulations promulgated pursuant to this
				  article.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part I - General Provisions › Section 12VAC5-481-130 - Impounding

Current through Register Vol. 40, No. 24, July 15, 2024
Sources of radiation shall be subject to impounding
					 pursuant to § 32.1-238 of the Code of Virginia.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part I - General Provisions › Section 12VAC5-481-140 - Prohibited uses

Current through Register Vol. 40, No. 24, July 15, 2024
A. A hand-held
				  fluoroscopic screen shall not be used with X-ray equipment unless it has been
				  listed in the Registry of Sealed Source and Devices or accepted for
				  certification by the Food and Drug Administration, Center for Devices and
				  Radiological Health.
B.
				  Shoe-fitting fluoroscopic devices shall not be used.
C. No person shall intentionally apply or
				  allow to be applied, either directly or indirectly, radiation to human beings
				  except by, or under the supervision of, a practitioner of the healing arts
				  licensed by this state, except in the case of healing arts screening programs
				  approved in advance by the commissioner. Supervision, as used in this
				  subsection, means the responsibility for and control of quality, radiation
				  safety and technical aspects of the application of radiation to human beings
				  for diagnostic or therapeutic purposes. This prohibition does not apply to
				  persons who are occupationally exposed to radiation or as otherwise provided in
				  these regulations.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part I - General Provisions › Section 12VAC5-481-150 - Communications

Current through Register Vol. 40, No. 24, July 15, 2024
All communications and reports concerning this chapter, and
					 applications filed thereunder, should be addressed to the agency at the
					 following address: Virginia Department of Health, Radioactive Materials
					 Program, 109 Governor Street, Room 730, Richmond, VA 23219.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part I - General Provisions › Section 12VAC5-481-160 - Effective date

Current through Register Vol. 40, No. 24, July 15, 2024
The application of these regulations to possess by-product
					 materials, source and special nuclear materials shall not become operative
					 until 30 days after publication in the Virginia Register of a notice of an
					 agreement executed by the Commonwealth of Virginia and the Federal Government
					 under the provisions of Section 274b of the Atomic Energy Act of 1954, as
					 amended (73 Statute 689). All other applications of the provisions of this
					 chapter shall become effective September 20, 2006.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part I - General Provisions › Section 12VAC5-481-170 - Removal of notices posted by agency prohibited

Current through Register Vol. 40, No. 24, July 15, 2024
Any sign, notice, warning or label affixed by the agency
					 to equipment or facilities of any registrant or licensee shall not be removed,
					 defaced or concealed by any person other than the agency without written
					 permission.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part I - General Provisions › Section 12VAC5-481-180 - Tests

Current through Register Vol. 40, No. 24, July 15, 2024
Each licensee and registrant shall perform upon
					 instructions from the agency, or shall permit the agency to perform, such
					 reason%CAable tests as the agency deems appropriate or necessary including, but
					 not limited to, tests of:
1. Sources
				  of radiation;
2. Facilities wherein
				  sources of radiation are used or stored;
3. Radiation detection and monitoring
				  instruments; and
4. Other equipment
				  and devices used in connection with utilization or storage of licensed or
				  registered sources of radiation.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part I - General Provisions › Section 12VAC5-481-190 - Additional regulatory requirements

Current through Register Vol. 40, No. 24, July 15, 2024
The agency may, by rule, regulation, or order, impose upon
					 any licensee or registrant such requirements in addition to those established
					 in these regulations as it deems appropriate or necessary to minimize danger to
					 public health and safety or property.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part I - General Provisions › Section 12VAC5-481-210 - Types of hearings

Current through Register Vol. 40, No. 24, July 15, 2024
Hearings before the board, the commissioner, or their
					 designees shall include any of the following forms depending upon the nature of
					 the controversy and the interests of the parties involved. All concerned
					 parties will be provided with a reasonable notice of any intent to consider any
					 public data, documents or information in making case decisions.
1. Informal conference. An informal
				  conference is a conference with the commissioner or his designee with concerned
				  parties, in person, with counsel or other representatives held in accordance
				  with § 2.2-4019 of the Code of Virginia.
2. Hearing. A hearing is a formal, public
				  proceeding before the commissioner or a designated hearing officer and held in
				  conformance with § 2.2-4020 of the Code of Virginia.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part I - General Provisions › Section 12VAC5-481-220 - Hearing as a matter of right

Current through Register Vol. 40, No. 24, July 15, 2024
Any licensee or registrant whose licensure, certification
					 or registration has been, or may be affected by any decision of the board or
					 its subordinates in the administration of this chapter shall have a right to
					 both informal and adjudicatory hearings. The commissioner may require
					 participation in an informal hearing before granting the request for a full
					 adjudicatory hearing.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part I - General Provisions › Section 12VAC5-481-230 - Appeal

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any appeal from
				  a denial of a license or certification must be made in writing and received by
				  the agency within 30 days of the date of receipt of notice of the
				  denial.
B. Any request for hearing
				  on the findings on a Notice of Violation pursuant to this regulation must be
				  made in writing and received within 30 days of receipt of the final Notice of
				  Violation.
C. Pursuant to the
				  Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia),
				  an aggrieved licensee or registrant may appeal a final decision of the
				  commissioner to an appropriate circuit court.
Statutory Authority
§ 32.1-229 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part I - General Provisions › Section 12VAC5-481-240 - Units of exposure and dose

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  As used in this chapter, the unit of exposure is the coulomb per kilogram
				  (C/kg) of air and the units of radiation dose are gray (Gy), rad, rem, and
				  sievert. (See
				  12VAC5-481-10 for
				  definitions.) One roentgen is equal to 2.58E-4 coulomb per kilogram of air.
1. Gray (Gy) is the SI unit of absorbed dose.
				  One gray is equal to an absorbed dose of 1 joule per kilogram (100
				  rad).
2. Rad is the special unit of
				  absorbed dose. One rad is equal to an absorbed dose of 100 ergs per gram or
				  0.01 joule per kilogram (0.01 Gy).
3. Rem is the special unit of any of the
				  quantities expressed as dose equivalent. The dose equivalent in rem is equal to
				  the absorbed dose in rad multiplied by the quality factor (1 rem = 0.01
				  Sv).
4. Sievert is the SI unit of
				  any of the quantities as dose equivalent. The dose equivalent is equal to the
				  absorbed dose in gray multiplied by the quality factor (1 Sv = 100
				  rem).
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part I - General Provisions › Section 12VAC5-481-250 - Units of radioactivity

Current through Register Vol. 40, No. 24, July 15, 2024
For the purposes of this chapter, activity is expressed in
					 the special unit of curies (Ci) or in the SI unit of becquerels (Bq), their
					 multiples, or their disintegrations (transformations) per unit of time.
1. One becquerel equals 1 disintegration per
				  second (s-1).
2. One curie equals 3.7 x
				  1010 disintegrations per second equals 3.7 x
				  1010 becquerels equals 2.22 x
				  1012 disintegrations per minute.
Statutory Authority: §
												32.1-229
						of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 481 - VIRGINIA RADIATION PROTECTION REGULATIONS › Part II - Registration of Radiation Machine Facilities and Services › Section 12VAC5-481-260 - Purpose and scope

Current through Register Vol. 40, No. 24, July 15, 2024
A. This
				  part provides for the registration of ionizing radiation machine
				  facilities.
B. In addition to the
				  requirements of this part, all registrants are subject to the applicable
				  provisions of Part 1 (12VAC5-481-10 et
				  seq.), Part IV (12VAC5-481-600 et seq.) and Part X
				  (12VAC5-481-2250 et seq.) of this
				  chapter. In addition, some registrants are subject to provisions of the
				  regulations for Part V (12VAC5-481-1170 et
				  seq.), Part VI (12VAC5-481-1580 et seq.), Part
				  VIII (12VAC5-481-2090 et seq.) and Part
				  IX (12VAC5-481-2140 et seq.) of this
				  chapter.
Statutory Authority
§ 32.1-229 of the Code of Virginia.