reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 12VAC5-11-70 - Appointment of regulatory advisory panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a regulatory
				  advisory panel (RAP) to provide professional specialization or technical
				  assistance when the agency determines that such expertise is necessary to
				  address a specific regulatory issue or action or when individuals indicate an
				  interest in working with the agency on a specific regulatory issue or
				  action.
B. Any person may request
				  the appointment of a RAP and request to participate in its activities. The
				  agency shall determine when a RAP shall be appointed and the composition of the
				  RAP.
C. A RAP may be dissolved by
				  the agency if:
1. The proposed text of the
				  regulation is posted on the Town Hall, published in the Virginia Register, or
				  such other time as the agency determines is appropriate; or
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 12VAC5-11-80 - Appointment of negotiated rulemaking panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a negotiated
				  rulemaking panel (NRP) if a regulatory action is expected to be
				  controversial.
B. An NRP that has
				  been appointed by the agency may be dissolved by the agency when:
1. There is no longer controversy associated
				  with the development of the regulation;
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act; or
3. The agency
				  determines that resolution of a controversy is unlikely.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 12VAC5-11-90 - Meetings

Current through Register Vol. 40, No. 24, July 15, 2024
Notice of any open meeting, including meetings of a RAP or
					 NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth
					 Calendar at least seven working days prior to the date of the meeting. The
					 exception to this requirement is any meeting held in accordance with §
					 2.2-3707D of the Code of Virginia allowing for contemporaneous notice to be
					 provided to participants and the public.
Statutory Authority
§§ 2.2-4007.02 and 32.1-12 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 12VAC5-11-100 - Public hearings on regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall indicate in its notice of
				  intended regulatory action whether it plans to hold a public hearing following
				  the publication of the proposed stage of the regulatory action.
B. The agency may conduct one or more public
				  hearings during the comment period following the publication of a proposed
				  regulatory action.
C. An agency is
				  required to hold a public hearing following the publication of the proposed
				  regulatory action when:
1. The agency's basic
				  law requires the agency to hold a public hearing;
2. The Governor directs the agency to hold a
				  public hearing; or
3. The agency
				  receives requests for a public hearing from at least 25 persons during the
				  public comment period following the publication of the notice of intended
				  regulatory action.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 12VAC5-11-110 - Periodic review of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall conduct a periodic review
				  of its regulations consistent with:
1. An
				  executive order issued by the Governor pursuant to § 2.2-4017 of the
				  Administrative Process Act to receive comment on all existing regulations as to
				  their effectiveness, efficiency, necessity, clarity, and cost of compliance;
				  and
2. The requirements in §
				  2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility
				  for small businesses.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 20 - REGULATIONS FOR THE CONDUCT OF HUMAN RESEARCH › Section 12VAC5-20-30 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter shall apply to the department, including any
				  local health department and to any facility operated, funded or licensed by the
				  department that conducts or proposes to conduct or authorize research using
				  human subjects.
Statutory Authority: §§ 32.1-12 and 32.1-12.1 of
					 the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 20 - REGULATIONS FOR THE CONDUCT OF HUMAN RESEARCH › Section 12VAC5-20-40 - Policy

Current through Register Vol. 40, No. 24, July 15, 2024
A. No human
				research shall be conducted without informing the subject or his legally
				authorized representative of the procedures, risks, and discomforts of the
				research. The consent of the subject or his legally authorized representative
				to participate in the research shall be subscribed to in writing by the subject
				or his legally authorized representative and supported by the signature of a
				witness not involved in the conduct of the research, except as provided for in
				12VAC5-20-100. Special
				arrangements shall be made for those who need assistance in understanding the
				consequences of participating in the research.
B. Each human research activity shall be
				reviewed and approved by a committee as set forth in
				12VAC5-20-70 composed of
				representatives of varied backgrounds who shall assure the competent, complete,
				and professional review of human research activities.
C. Every person engaged in the conduct of
				human research or proposing to conduct human research shall associate himself
				with an institution or agency having a research review committee, and the human
				research which he conducts or proposes to conduct shall be subject to review
				and approval by such committee in the manner set forth in this
				chapter.
D. Nontherapeutic research
				using patients or residents within an institution as defined herein is
				forbidden unless it is determined by the research review committee that such
				nontherapeutic research shall not present greater than minimal risk.
E. The person, institution, or agency
				conducting the human research shall notify all subjects of human research of
				the risks caused by the research that are discovered after the research has
				concluded. If consent has been obtained by the signature of the legally
				authorized representative, the legally authorized representative shall also be
				notified.
F. No official or
				employee of the institution or agency conducting or authorizing the human
				research shall be qualified to act as a legally authorized representative for a
				subject of the particular human research.
Statutory Authority: §§ 32.1-12 and 32.1-12.1 of
					 the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 20 - REGULATIONS FOR THE CONDUCT OF HUMAN RESEARCH › Section 12VAC5-20-50 - Review process for department

Current through Register Vol. 40, No. 24, July 15, 2024
A. Prior to the initiation of a human
				research project by any component of the department, a description of the
				proposed human research project shall be submitted to a research review
				committee established by the department for review and approval. The
				description shall include a statement of the purpose of the proposed project
				and justification thereof, the criteria for inclusion as a subject in the
				research project, a description of what will be done to the subjects, and a
				copy of the informed consent statement.
B. The committee shall report by March 31 of
				each year to the commissioner on activities of the committee during the
				previous calendar year. Such reports shall include:
1. A description of each human research
				project reviewed and whether it was approved or disapproved;
2. Any significant deviations from proposals
				as approved;
3. A list of committee
				members, their qualifications for service on the committee, and their
				institutional affiliation; and
4. A
				copy of the minutes of any committee meetings conducted.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 20 - REGULATIONS FOR THE CONDUCT OF HUMAN RESEARCH › Section 12VAC5-20-60 - Review process for institutions or agencies funded or licensed by the department

Current through Register Vol. 40, No. 24, July 15, 2024
A. Prior to
				the initiation of a human research project by any institution or agency funded
				or licensed by the department, a description of the proposed human research
				project shall be submitted to a research review committee for review and
				approval. The description shall include a statement of the purpose of the
				proposed project and justification thereof, the criteria for inclusion of a
				subject in the research project, a description of what will be done to the
				subjects, and a copy of the informed consent statement.
B. When more than one such institution or
				agency is involved in a research project, the cooperating entities may enter
				into joint review.
C. Such
				institutions or agencies having a committee shall report by March 31 of each
				year to the commissioner on activities of the committee during the previous
				calendar year. Such reports shall include:
1.
				A description of each human research project reviewed and whether it was
				approved or disapproved;
2. Any
				significant deviations from proposals as approved;
3. A list of committee members, their
				qualifications for service on the committee, and their institutional
				affiliation; and
4. A copy of the
				minutes of any committee meetings conducted.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 20 - REGULATIONS FOR THE CONDUCT OF HUMAN RESEARCH › Section 12VAC5-20-70 - Composition of research review committee

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each committee shall have at least five
				members, appointed by the head of the institution, with varying backgrounds to
				provide complete and adequate review of activities commonly conducted by the
				institution. The committee shall be sufficiently qualified through the
				maturity, experience, and diversity of its members, including consideration of
				race, gender and cultural background, to promote respect for its advice and
				counsel in safeguarding the rights and welfare of subjects in human research.
				In addition to possessing the professional competence necessary to review
				specific activities, the committee shall be able to ascertain the acceptability
				of applications and proposals in terms of institutional commitments and
				regulations, applicable law, standards of professional conduct and practice,
				and community attitudes. If a committee regularly reviews research that has an
				impact on patients or residents within an institution as defined herein or
				other vulnerable category of subjects, such as children, prisoners, pregnant
				women, or handicapped or mentally disabled persons, consideration shall be
				given to the inclusion of one or more individuals who are knowledgeable about
				and experienced in working with these subjects.
B. No committee shall consist entirely of
				members of one profession, and at least one member shall be an individual whose
				primary concerns are in nonscientific areas (e.g., lawyers, ethicists, members
				of the clergy).
C. Each committee
				shall include at least one member who is not otherwise affiliated with the
				institution and who is not part of the immediate family of a person who is
				affiliated with the institution.
D.
				No member of a committee shall participate in the committee's initial or
				continuing review of any project in which the member has a conflicting
				interest, except to provide information requested by the committee. The
				committee has responsibility for determining whether a member has a conflicting
				interest. The committee size shall be maintained at no fewer than five persons
				by appointment of a substitute representative for each member with a
				conflicting interest.
E. A
				committee may, at its discretion, invite individuals with competence in special
				areas to assist in the review of complex issues which require expertise beyond
				or in addition to that available on the committee. These individuals shall not
				vote with the committee.
F. A
				quorum of the committee shall consist of a majority of its members including at
				least one member whose primary concerns are in nonscientific areas.
G. The committee and the institution shall
				establish procedures and rules of operation necessary to fulfill the
				requirements of this chapter.
Statutory Authority: §§ 32.1-12 and 32.1-12.1 of
					 the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 20 - REGULATIONS FOR THE CONDUCT OF HUMAN RESEARCH › Section 12VAC5-20-80 - Elements of committee review process

Current through Register Vol. 40, No. 24, July 15, 2024
A. No human research shall be conducted or
				authorized by a person, institution, or agency unless a research review
				committee has reviewed and approved the proposed human research project giving
				consideration to:
1. The adequacy of the
				description of the potential benefits and risks involved and the adequacy of
				the methodology of the human research;
2. The degree of the risk and, if the human
				research is nontherapeutic, whether it presents greater than minimal
				risk;
3. Whether the rights and
				welfare of the human subjects involved are adequately protected;
4. Whether the risks to the human subjects
				are outweighed by the potential benefits to them;
5. Whether the risks to subjects are
				minimized (i) by using procedures that are consistent with sound human research
				design and that do not unnecessarily expose subjects to risk and (ii) whenever
				appropriate, by using currently accepted procedures for diagnostic or treatment
				purposes;
6. Whether additional
				safeguards have been included in the study to protect the rights and welfare of
				the subjects when some or all of the subjects are likely to be incapable of
				providing informed consent or are otherwise vulnerable to coercion or undue
				inducement , such as children, prisoners, pregnant women, mentally disabled
				persons, or economically or educationally disadvantaged persons;
7. Whether the informed consent is to be
				obtained by methods that are adequate and appropriate and whether the written
				consent form is adequate and appropriate in both content and language for the
				particular human research and for the particular subjects of the human
				research;
8. Whether the persons
				proposing to supervise or conduct the particular human research are
				appropriately competent and qualified;
9. Whether criteria for selection of subjects
				are equitable; and
10. Whether the
				human research conforms with other requirements of the department, where
				applicable.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 20 - REGULATIONS FOR THE CONDUCT OF HUMAN RESEARCH › Section 12VAC5-20-90 - Expedited review of human research projects

Current through Register Vol. 40, No. 24, July 15, 2024
A. The committee is authorized to conduct an
				expedited review of a human research project that involves no more than minimal
				risk to the subjects and involves only research procedures listed in one or
				more categories established by the Secretary of Health and Human Services and
				published in the Federal Register pursuant to
				45 CFR
				46.110.
B. The committee also is authorized to
				conduct an expedited review of a human research project that involves no more
				than minimal risk to the subjects if:
1.
				Another institution's or agency's human research review committee has reviewed
				and approved the project; or
2. The
				review involves only minor changes in previously approved research and the
				changes occur during the approved project period.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 20 - REGULATIONS FOR THE CONDUCT OF HUMAN RESEARCH › Section 12VAC5-20-110 - Categories of human research exempt from regulation

Current through Register Vol. 40, No. 24, July 15, 2024
Research activities in which the only involvement of human
				  subjects is in one or more of the following categories are exempt from this
				  chapter:
1. The surveillance and
				investigation by the department into all preventable diseases and epidemics in
				the Commonwealth and into the means for the prevention of such diseases and
				epidemics conducted pursuant to § 32.1-39 of the Code of
				Virginia.
2. Research designed to
				study on a large scale anonymous vital records and registry data collected
				pursuant to the Code of Virginia, Chapter 7 (§ 32.1-249 et seq.) of Title
				32.1 (Vital Records), § 32.1-64.1 (Virginia Hearing Impairment
				Identification and Monitoring System), § 32.1-69.1 (Virginia Congenital
				Anomalies Reporting and Education System), § 32.1-70 (Statewide Cancer
				Registry), § 32.1-46.01 (Virginia Immunization Information System), and
				§ 32.116.1 (Emergency Medical Services Patient Care Information
				System).
3. Research or student
				learning outcomes assessment conducted in educational settings such as research
				involving:
a. Regular or special education
				instructional strategies;
b. The
				effectiveness of or the comparison among instructional techniques, curricula,
				or classroom management methods; or
c. The use of educational tests, whether
				cognitive, diagnostic, aptitude, or achievement, if the data from such tests
				are recorded in a manner so that subjects cannot be identified, directly or
				through identifiers linked to the subjects.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 20 - REGULATIONS FOR THE CONDUCT OF HUMAN RESEARCH › Section 12VAC5-20-120 - Committee records

Current through Register Vol. 40, No. 24, July 15, 2024
A. Documentation
				of committee activities shall be prepared and maintained by each such committee
				and shall include the following:
1. Copies of
				all research proposals reviewed, scientific evaluations that may accompany the
				proposals, approved sample consent documents, progress reports submitted by
				investigators, and reports of injuries to subjects;
2. Minutes of committee meetings in
				sufficient detail to show attendance at the meetings; actions taken by the
				committee; the vote on each action, including the number of members voting for,
				against, and abstaining; the basis for requiring changes in or disapproving
				research; and a written summary of the discussion of controversial issues and
				their resolution;
3. Records of
				continuing review activities;
4.
				Copies of all correspondence between the committee and the
				investigators;
5. A list of
				committee members;
6. Written
				procedures for the committee; and
7. Statements of significant new findings
				provided to subjects.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 20 - REGULATIONS FOR THE CONDUCT OF HUMAN RESEARCH › Section 12VAC5-20-130 - Applicability of federal policies

Current through Register Vol. 40, No. 24, July 15, 2024
Human research that is subject to policies and regulations
				  for the protection of human subjects promulgated by any agency of the federal
				  government shall be exempt from this chapter. Institutions where research is
				  performed that is subject to federal policies and regulation shall notify the
				  commissioner annually, by March 31, of their compliance with the policies and
				  regulations of federal agencies. The commissioner shall identify institutions
				  exempt from this chapter as reported in accordance with this section in the
				  annual report to the Governor and the General Assembly provided in accordance
				  with 12VAC5-20-60 F.
Statutory Authority: §§ 32.1-12 and 32.1-12.1 of
					 the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 31 - VIRGINIA EMERGENCY MEDICAL SERVICES REGULATIONS › Part I - General Provisions › Article 2 - Purpose and Applicability › Section 12VAC5-31-20 - Responsibility for regulations; application of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. These regulations shall be administered by
					 the following:
1. State Board of Health. The
					 Board of Health has the responsibility to promulgate, amend, and repeal, as
					 appropriate, regulations for the provision of emergency medical services per
					 Article 2.1 (§ 32.1-111.1 et seq.) of Chapter 4 of Title 32.1 of the Code
					 of Virginia.
2. State Health
					 Commissioner. The commissioner, as executive officer of the board, will
					 administer these regulations per § 32.1-16 of the Code of
					 Virginia.
3. The Virginia Office of
					 EMS. The director, assistant director and specified staff positions will have
					 designee privileges for the purpose of enforcing these regulations.
4. Emergency Medical Services Advisory Board.
					 The EMS Advisory Board has the responsibility to review and advise the board
					 regarding EMS policies and programs.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 31 - VIRGINIA EMERGENCY MEDICAL SERVICES REGULATIONS › Part I - General Provisions › Article 2 - Purpose and Applicability › Section 12VAC5-31-30 - Powers and procedures of regulations not exclusive

Current through Register Vol. 40, No. 24, July 15, 2024
The board reserves the right to authorize any procedure
						for the enforcement of these regulations that is not inconsistent with the
						provisions set forth herein or the provisions of Article 2.1 (§ 32.1-111.1
						et seq.) of Chapter 4 of Title 32.1 of the Code of Virginia.
Statutory Authority
§§ 32.1-12 and 32.1-111.4 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 31 - VIRGINIA EMERGENCY MEDICAL SERVICES REGULATIONS › Part I - General Provisions › Article 3 - Exceptions, Variances, and Exemptions › Section 12VAC5-31-40 - Exceptions

Current through Register Vol. 40, No. 24, July 15, 2024
Exceptions to any provision of these regulations are
						specified as part of the regulation concerned. Any deviation not specified in
						these regulations is not allowed except by variance or
						exemption.
Statutory Authority
§§ 32.1-12 and 32.1-111.4 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 31 - VIRGINIA EMERGENCY MEDICAL SERVICES REGULATIONS › Part I - General Provisions › Article 3 - Exceptions, Variances, and Exemptions › Section 12VAC5-31-50 - Variances

Current through Register Vol. 40, No. 24, July 15, 2024
A. The commissioner
					 is authorized to grant variances for any part or all of these regulations in
					 accordance with the procedures set forth herein. A variance permits temporary
					 specified exceptions to these regulations. An applicant, licensee, or permit or
					 certificate holder may file a written request for a variance with the Office of
					 EMS on specified forms. If the applicant, licensee, or permit or certificate
					 holder is an EMS agency, the following additional requirements apply:
1. The written variance request shall be
					 submitted for review and recommendations to the governing body or chief
					 administrative officer of the jurisdiction in which the principal office of the
					 EMS agency is located prior to submission to the Office of EMS.
2. An EMS agency operating in multiple
					 jurisdictions will be required to notify all other jurisdictions in writing of
					 conditions of approved variance requests.
3. Issuance of a variance does not obligate
					 other jurisdictions to allow the conditions of such variance if they conflict
					 with local ordinances or regulations.
4. Both the written request and the
					 recommendation of the governing body or chief administrative officer shall be
					 submitted together to the Office of EMS.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 31 - VIRGINIA EMERGENCY MEDICAL SERVICES REGULATIONS › Part I - General Provisions › Article 3 - Exceptions, Variances, and Exemptions › Section 12VAC5-31-60 - Issuance of a variance

Current through Register Vol. 40, No. 24, July 15, 2024
A request for a variance may be approved and issued by
						the commissioner provided all of the following conditions are met:
1. The information contained in the request
					 is complete and correct;
2. The
					 agency, service, vehicle or person concerned is licensed, permitted or
					 certified by the Office of EMS;
3.
					 The commissioner determines the need for such a variance is genuine, and
					 extenuating circumstances exist;
4.
					 The commissioner determines that issuance of such a variance would be in the
					 public interest and would not present any risk to, or threaten or endanger the
					 public health, safety or welfare;
5. If the request is made by an EMS agency,
					 the commissioner will consider the recommendation of the governing body or
					 chief administrative officer provided all of the above conditions are
					 met;
6. If the request is made by
					 an affiliated provider who is certified or a candidate for certification, the
					 Office of EMS will consider the recommendation of the operational medical
					 director and the agency head for which the provider is affiliated;
					 and
7. The person making the
					 request will be notified in writing of the approval and issuance within 30 days
					 of receipt of the request unless the request is awaiting approval or
					 disapproval of a license or certificate. In such case, notice will be given
					 within 30 days of the issuance of the license or certificate.
Statutory Authority
§§ 32.1-12 and 32.1-111.4 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 31 - VIRGINIA EMERGENCY MEDICAL SERVICES REGULATIONS › Part I - General Provisions › Article 3 - Exceptions, Variances, and Exemptions › Section 12VAC5-31-70 - Content of variance

Current through Register Vol. 40, No. 24, July 15, 2024
A variance shall include but not be limited to the
						following information:
1. The name of
					 the agency, service or vehicle to which, or the person to whom, the variance
					 applies;
2. The expiration date of
					 the variance;
3. The provision of
					 the regulations that is to be varied and the type of variations authorized;
					 and
4. Any special conditions that
					 may apply.
Statutory Authority
§§ 32.1-12 and 32.1-111.4 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 31 - VIRGINIA EMERGENCY MEDICAL SERVICES REGULATIONS › Part I - General Provisions › Article 3 - Exceptions, Variances, and Exemptions › Section 12VAC5-31-80 - Conditions of variance

Current through Register Vol. 40, No. 24, July 15, 2024
A variance shall be issued and remain valid with the
						following conditions:
1. A variance
					 will be valid for a period not to exceed one year unless and until terminated
					 by the commissioner; and
2. A
					 variance is neither transferable nor renewable under any
					 circumstances.
Statutory Authority
§§ 32.1-12 and 32.1-111.4 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 31 - VIRGINIA EMERGENCY MEDICAL SERVICES REGULATIONS › Part I - General Provisions › Article 3 - Exceptions, Variances, and Exemptions › Section 12VAC5-31-90 - Termination of variance

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 commissioner may terminate a variance at any time based upon any of the
					 following:
1. Violations of any of the
					 conditions of the variance;
2.
					 Falsification of any information;
3. Suspension or revocation of the license,
					 permit or certificate affected; or
4. A determination by the Office of EMS to
					 the commissioner that continuation of the variance would present a risk to or
					 threaten or endanger the public health, safety or welfare.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 31 - VIRGINIA EMERGENCY MEDICAL SERVICES REGULATIONS › Part I - General Provisions › Article 3 - Exceptions, Variances, and Exemptions › Section 12VAC5-31-100 - Denial of a variance

Current through Register Vol. 40, No. 24, July 15, 2024
A request for a variance will be denied by the
						commissioner if any of the conditions of
						12VAC5-31-60 fail to be
						met.
Statutory Authority
§§ 32.1-12 and 32.1-111.4 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 31 - VIRGINIA EMERGENCY MEDICAL SERVICES REGULATIONS › Part I - General Provisions › Article 3 - Exceptions, Variances, and Exemptions › Section 12VAC5-31-110 - Exemptions

Current through Register Vol. 40, No. 24, July 15, 2024
A. The board is
					 authorized to grant exemptions from any part or all of these regulations in
					 accordance with the procedures set forth herein. An exemption permits specified
					 or total exceptions to these regulations for an indefinite period.
B. Request. A person may file a written
					 request for an exemption with the Office of EMS on specified forms. If the
					 request is made by an EMS agency, the following additional requirements apply:
1. The written request for exemption must be
					 submitted for review and recommendation to the governing body of the
					 jurisdiction or chief administrative officer in which the principal office of
					 the EMS agency is located before submission to the Office of EMS.
2. The written request must be submitted to
					 the Office of EMS a minimum of 30 days before the scheduled review by the
					 governing body or chief administrative officer. At the time of submission, the
					 agency or service must provide the Office of EMS with the date, time and
					 location of the scheduled review by the governing body or chief administrative
					 officer.
3. Issuance of an
					 exemption does not obligate other jurisdictions to allow the conditions of such
					 exemption if they conflict with local ordinances or regulations.
4. Both the written request and the
					 recommendation of the governing body or chief administrative officer shall be
					 submitted together to the Office of EMS.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 31 - VIRGINIA EMERGENCY MEDICAL SERVICES REGULATIONS › Part I - General Provisions › Article 3 - Exceptions, Variances, and Exemptions › Section 12VAC5-31-120 - Public notice of request for exemption

Current through Register Vol. 40, No. 24, July 15, 2024
Upon receipt of a request for an exemption, the Office of
						EMS will cause notice of such request to be posted on the Office of EMS section
						of the Virginia Department of Health's website.
Statutory Authority
§§ 32.1-12 and 32.1-111.4 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 31 - VIRGINIA EMERGENCY MEDICAL SERVICES REGULATIONS › Part I - General Provisions › Article 3 - Exceptions, Variances, and Exemptions › Section 12VAC5-31-130 - Public hearing for exemption request

Current through Register Vol. 40, No. 24, July 15, 2024
If the board determines that there is substantial public
						interest in a request for an exemption, a public hearing may be
						held.
Statutory Authority
§§ 32.1-12 and 32.1-111.4 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 31 - VIRGINIA EMERGENCY MEDICAL SERVICES REGULATIONS › Part I - General Provisions › Article 3 - Exceptions, Variances, and Exemptions › Section 12VAC5-31-140 - Issuance of an exemption

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
					 request for an exemption may be approved and an exemption issued provided all
					 of the following conditions are met:
1. The
					 information contained in the request is complete and correct.
2. The need for such an exemption is
					 determined to be genuine.
3. The
					 issuance of an exemption would not present any risk to, threaten or endanger
					 the public health, safety or welfare of citizens.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 31 - VIRGINIA EMERGENCY MEDICAL SERVICES REGULATIONS › Part I - General Provisions › Article 3 - Exceptions, Variances, and Exemptions › Section 12VAC5-31-150 - Content of exemption

Current through Register Vol. 40, No. 24, July 15, 2024
An exemption includes but is not limited to the following
						information:
1. The name of the
					 agency, service or vehicle to which, or the person to whom, the exemption
					 applies;
2. The provisions of the
					 regulations that will be exempted; and
3. Any special conditions that may
					 apply.
Statutory Authority
§§ 32.1-12 and 32.1-111.4 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 31 - VIRGINIA EMERGENCY MEDICAL SERVICES REGULATIONS › Part I - General Provisions › Article 3 - Exceptions, Variances, and Exemptions › Section 12VAC5-31-160 - Conditions of exemption

Current through Register Vol. 40, No. 24, July 15, 2024
A. An
					 exemption remains valid for an indefinite period of time unless and until
					 terminated by the commissioner, or unless an expiration date is
					 specified.
B. An exemption is
					 neither transferable nor renewable.
Statutory Authority
§§ 32.1-12 and 32.1-111.4 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 31 - VIRGINIA EMERGENCY MEDICAL SERVICES REGULATIONS › Part I - General Provisions › Article 3 - Exceptions, Variances, and Exemptions › Section 12VAC5-31-170 - Termination of exemption

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 commissioner may terminate an exemption at any time based upon any of the
					 following:
1. Violation of any of the
					 conditions of the exemption;
2.
					 Suspension or revocation of any licenses, permits or certificates involved;
					 or
3. A determination by the
					 commissioner that continuation of the exemption would present risk to, or
					 threaten or endanger the public health, safety or welfare.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 31 - VIRGINIA EMERGENCY MEDICAL SERVICES REGULATIONS › Part I - General Provisions › Article 3 - Exceptions, Variances, and Exemptions › Section 12VAC5-31-180 - Denial of an exemption

Current through Register Vol. 40, No. 24, July 15, 2024
A request for an exemption will be denied by the
						commissioner if any of the conditions of these regulations fail to be
						met.
Statutory Authority
§§ 32.1-12 and 32.1-111.4 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 31 - VIRGINIA EMERGENCY MEDICAL SERVICES REGULATIONS › Part I - General Provisions › Article 3 - Exceptions, Variances, and Exemptions › Section 12VAC5-31-190 - General exemptions from these regulations

Current through Register Vol. 40, No. 24, July 15, 2024
The following are exempted from these regulations except
						as noted:
1. A person or privately
					 owned vehicle not engaged in the business, service, or regular activity of
					 providing medical care or transportation of persons who are sick, injured,
					 wounded, or otherwise disabled;
2.
					 A person or vehicle assisting with the rendering of emergency medical services
					 or medical transportation in the case of a major medical emergency as
					 reasonably necessary when the EMS agencies, vehicles, and personnel based in or
					 near the location of such major emergency are insufficient to render the
					 services required;
3. An EMS agency
					 operated by the United States government within this state. Any person holding
					 a United States government contract is not exempt from these regulations unless
					 the person only provides services within an area of exclusive federal
					 jurisdiction;
4. A medical care
					 facility, but only with respect to the provision of emergency medical services
					 within such facility;
5. Personnel
					 employed by or associated with a medical care facility that provides emergency
					 medical services within that medical care facility, but only with respect to
					 the services provided therein;
6.
					 An EMS agency based in a state bordering Virginia when requested to respond
					 into Virginia for the purpose of providing mutual aid in the primary service
					 area of a designated emergency response agency with the following conditions:
a. This agency must comply with the terms of
					 a written mutual aid agreement with the EMS agency; and
b. This agency must comply with applicable
					 EMS regulations of its home state.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 31 - VIRGINIA EMERGENCY MEDICAL SERVICES REGULATIONS › Part I - General Provisions › Article 4 - Enforcement Procedures › Section 12VAC5-31-200 - Right to enforcement

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 Office of EMS may use the enforcement procedures provided in this article when
					 dealing with any deficiency or violation of these regulations or any action or
					 procedure that varies from the intent of these regulations.
B. The Office of EMS may determine that a
					 deficiency or violation of these regulations or any action or procedure that
					 varies from the intent of these regulations occurred.
C. The enforcement procedures provided in
					 this article are not mutually exclusive. The Office of EMS may invoke as many
					 procedures as the situation may require.
D. The commissioner empowers the Office of
					 EMS to enforce the provisions of these regulations.
E. An agency and all places of operation
					 shall be subject to inspection by the Office of EMS for compliance with these
					 regulations. The inspection may include any or all of the following:
1. All fixed places of operations, including
					 all offices, stations, repair shops, or training facilities.
2. All applicable records maintained by the
					 agency.
3. All EMS vehicles and
					 required equipment used by the agency.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 31 - VIRGINIA EMERGENCY MEDICAL SERVICES REGULATIONS › Part I - General Provisions › Article 4 - Enforcement Procedures › Section 12VAC5-31-210 - Enforcement actions

Current through Register Vol. 40, No. 24, July 15, 2024
An enforcement action must be delivered to the affected
						person and must specify information concerning the violations, the actions
						required to correct the violations and the specific date by which correction
						must be made as follows:
1. Warning: a
					 verbal notification of an action or situation potentially in violation of these
					 regulations.
2. Citation: a written
					 notification for violations of these regulations.
3. Suspension: a written notification of the
					 deactivation and removal of authorization issued under a license, permit,
					 certification, endorsement or designation.
4. Civil penalty: The commissioner or
					 designee may impose a civil penalty on an agency or entity that fails or
					 refuses compliance with these regulations. Civil penalties may be assessed up
					 to $1,000 per offense. Violations shall be single, different occurrence for
					 each calendar day the violation occurs and remains uncorrected.
5. Action of the commissioner: the
					 commissioner may command a person operating in violation of these regulations
					 or state law pursuant to the commissioner's authority under § 32.1-27 of
					 the Code of Virginia and the Administrative Process Act to halt such operation
					 or to comply with applicable law or regulation. A separate and distinct offense
					 will be deemed to have been committed on each day during which any prohibited
					 act continues after written notice to the offender.
6. Criminal enforcement: the commissioner may
					 elect to enforce any part of these regulations or any provision of Title 32.1
					 of the Code of Virginia by seeking to have criminal sanctions imposed. The
					 violation of any of the provisions of these regulations constitutes a
					 misdemeanor. A separate and distinct offense will be deemed to have been
					 committed on each day during which any prohibited act continues after written
					 notice by the commissioner to the offender.
Statutory Authority
§§ 32.1-12 and 32.1-111.4 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 31 - VIRGINIA EMERGENCY MEDICAL SERVICES REGULATIONS › Part I - General Provisions › Article 4 - Enforcement Procedures › Section 12VAC5-31-220 - Suspension of a license, permit, certificate, endorsement or designation

Current through Register Vol. 40, No. 24, July 15, 2024
A. The commissioner
					 may suspend an EMS license, permit, certificate, endorsement or designation
					 without a hearing, pending an investigation or revocation procedure.
1. Reasonable cause for suspension must exist
					 before such action is taken by the commissioner. The decision must be based
					 upon a review of evidence available to the commissioner.
2. The commissioner may suspend an agency or
					 service license, vehicle permit, personnel certificate, endorsement or
					 designation for failure to adhere to the standards set forth in these
					 regulations.
3. An EMS agency
					 license or registration may be suspended if the agency, service or any of its
					 vehicles or personnel are found to be operating in a manner that presents a
					 risk to, or threatens, or endangers the public health, safety or
					 welfare.
4. An EMS vehicle permit
					 may be suspended if the vehicle is found to be operated or maintained in a
					 manner that presents a risk to, threatens, or endangers the public health,
					 safety or welfare, or if the EMS agency license has been suspended.
5. EMS personnel may be suspended if found to
					 be operating or performing in a manner that presents a risk to, or threatens,
					 or endangers the public health, safety or welfare.
6. An EMS training certification may be
					 suspended if the certificate holder is found to be operating or performing in a
					 manner that presents a risk to, or threatens, or endangers the public health,
					 safety or welfare.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 31 - VIRGINIA EMERGENCY MEDICAL SERVICES REGULATIONS › Part I - General Provisions › Article 4 - Enforcement Procedures › Section 12VAC5-31-230 - Revocation of a license, permit or certificate

Current through Register Vol. 40, No. 24, July 15, 2024
A. The commissioner may revoke an EMS
					 license, permit, certificate, endorsement, or designation after a hearing or
					 waiver thereof.
1. Reasonable cause for
					 revocation must exist before such action by the commissioner.
2. The commissioner may revoke an EMS agency
					 license, EMS vehicle permit, vehicle permit, certification, endorsement or
					 designation for failure to adhere to the standards set forth in these
					 regulations.
3. The commissioner
					 may revoke an EMS agency license, an EMS vehicle permit, or EMS personnel
					 certificate for violation of a correction order or for engaging in or aiding,
					 abetting, causing, or permitting any act prohibited by these
					 regulations.
4. The commissioner
					 may revoke an EMS training certificate for failure to adhere to the standards
					 as set forth in these regulations or for lack of competence at such level as
					 evidenced by lack of basic knowledge or skill, or for incompetent or
					 unwarranted acts inconsistent with the standards in effect for the level of
					 certification concerned.
5. The
					 commissioner may revoke an EMS agency license for violation of federal or state
					 laws resulting in a civil monetary penalty.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 31 - VIRGINIA EMERGENCY MEDICAL SERVICES REGULATIONS › Part I - General Provisions › Article 4 - Enforcement Procedures › Section 12VAC5-31-240 - Correction order

Current through Register Vol. 40, No. 24, July 15, 2024
A. The Office of
					 EMS may order the holder of a license, certification, endorsement or
					 designation to correct a deficiency, cease any violations or comply with these
					 regulations by issuing a written correction order as follows:
1. Correction orders may be issued in
					 conjunction with any other enforcement action in response to individual
					 violations or patterns of violations.
2. The Office of EMS will determine that a
					 deficiency or violation exists before issuance of any correction
					 order.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 31 - VIRGINIA EMERGENCY MEDICAL SERVICES REGULATIONS › Part I - General Provisions › Article 4 - Enforcement Procedures › Section 12VAC5-31-250 - Judicial review

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 procedures of the Administrative Process Act controls all judicial
					 reviews.
B. A licensee; permit,
					 certificate, endorsement or designation holder; or applicant has the right to
					 appeal any decision or order of the Office of EMS except as may otherwise be
					 prohibited, and provided such a decision or order was not the final decision of
					 an appeal.
C. The licensee; permit,
					 certificate, endorsement or designation holder; or applicant shall abide by any
					 decision or order of the Office of EMS, or he must cease and desist pending any
					 appeal.
D. If the person who sought
					 the appeal is aggrieved by the final decision, that person may seek judicial
					 review as provided in the Administrative Process Act.
Statutory Authority
§§ 32.1-12 and 32.1-111.4 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 31 - VIRGINIA EMERGENCY MEDICAL SERVICES REGULATIONS › Part I - General Provisions › Article 5 - Complaints › Section 12VAC5-31-260 - Submission of complaints

Current through Register Vol. 40, No. 24, July 15, 2024
Any person may submit a complaint. A complaint is
						submitted in writing to the Office of EMS, signed by the complainant and
						includes the following information:
1.
					 The name and address of the complainant;
2. The name of the agency, service or person
					 involved;
3. A description of any
					 vehicle involved; and
4. A detailed
					 description of the complaint, including the date, location and conditions and
					 the practice or act that exists or has occurred.
Statutory Authority
§§ 32.1-12 and 32.1-111.4 of the Code of
						  Virginia.