reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 110 - REGULATION FOR THE IMMUNIZATION OF SCHOOL CHILDREN › Part V - Penalties › Section - DOCUMENTS INCORPORATED BY REFERENCE (12VAC5-110)

Current through Register Vol. 40, No. 24, July 15, 2024
Recommended
					 Immunization Schedule for Children and Adolescents Aged 18 Years or Younger,
					 United States 2017, Centers for Disease Control and Prevention, U.S. Department
					 of Health and Human Services, effective January 1, 2017
Statutory Authority: §§
												22.1-271.2,
						32.1-46, and
						32.1-47 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 115 - VIRGINIA IMMUNIZATION INFORMATION SYSTEM › Section 12VAC5-115-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter
				  shall have the following meanings unless the context clearly indicates
				  otherwise:
"Commissioner" means the State Health Commissioner or his
				  designee.
"Data exchange" means electronically sending immunization
				  information from an existing information system to VIIS and being able to
				  retrieve information from VIIS.
"De-duplication" means the process in information systems
				  that matches incoming data with existing client records and merges those
				  identified as the same client.
"Health care entity" means any health care provider, health
				  plan, or health care clearinghouse.
"Health care provider" means those entities listed in §
				  8.01-581.1 of the Code of Virginia, except that state-operated facilities shall
				  also be considered health care providers for the purposes of this section.
				  Health care provider shall also include all persons who are licensed,
				  certified, registered, or permitted or who hold a multistate licensure
				  privilege issued by any of the health regulatory boards within the Department
				  of Health Professions, except persons regulated by the Board of Funeral
				  Directors and Embalmers or the Board of Veterinary Medicine.
"Health plan" means an individual or group plan that
				  provides or pays the cost of medical care and shall include any entity included
				  in such definition as set out in
				  45 CFR
				  160.103.
"Participant" means a person or organization with a VIIS
				  account.
"Patient" means the client who is receiving health services
				  .
"Public health emergency" means any (i) public health event
				  caused by an act of bio-terrorism or vaccine-preventable disease outbreak or
				  (ii) other public health event resulting from natural or human cause.
"Security role" means the level of security assigned to a
				  participant that determines what information the individual may access in the
				  application and what system functions may be performed.
"VDH" or "Department of Health" means the Virginia
				  Department of Health.
"Virginia Immunization Information System" or "VIIS" means
				  the statewide immunization registry.
"VITA" means the Virginia Information Technologies
				  Agency.
Statutory Authority: § 32.1-46.01 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 115 - VIRGINIA IMMUNIZATION INFORMATION SYSTEM › Section 12VAC5-115-20 - Authorized participants

Current through Register Vol. 40, No. 24, July 15, 2024
A. Health
				care providers, including but not necessarily limited to any physician,
				physician assistant, nurse practitioner, registered nurse, school nurse,
				pharmacist, or any entity listed in the definition of "health care provider" in
				§ 8.01-581.1 of the Code of Virginia, are authorized to participate in
				VIIS.
B. Any health care entity may
				participate as long as it is licensed or certified in Virginia to deliver or
				support health care services or public health, requires immunization data to
				perform the health service function, and uses VIIS only for exchanging
				information on persons for whom it provides services.
C. Other state or regional immunization
				registries may exchange data with VIIS. They may share data and have access to
				data by contacting the VIIS program manager and complying with the registration
				procedure discussed in
				12VAC5-115-30.
D. VDH shall give access to VIIS under the
				condition that having access to immunization information is required to perform
				the job function of the participant. The VIIS program manager or designee shall
				assign the security role of the participant based on his needs and job
				responsibilities.
E. Access to VIIS
				requires only Internet access and is free to participants.
Statutory Authority: § 32.1-46.01 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 115 - VIRGINIA IMMUNIZATION INFORMATION SYSTEM › Section 12VAC5-115-30 - Registration procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Participation in VIIS is mandatory for any health care provider, as defined in
				§ 32.1-127.1:03 of the Code of Virginia, in the Commonwealth that
				administers immunizations.
B.
				Completed registration forms from authorized participants must be processed and
				approved by VDH before access to the system is allowed. Registration will
				require the participant to assure compliance with necessary confidentiality and
				security access provisions that specify security procedures to ensure that VIIS
				data are protected from unauthorized view and access. The participant shall
				update and submit the forms to VDH every year.
C. Once the participant is approved, the
				participant shall sign a participant registration agreement with VDH. VDH will
				then provide training and activate the participant in the VIIS
				system.
D. Qualifying participant
				organizations shall designate an administrator for their organization. The
				administrator may then allow VIIS access by an employee in the administrator's
				organization and, in doing so, shall assume responsibility for registering that
				person, obtaining the most recent security forms that specify VITA or VDH
				security requirements, retaining all completed user forms, assigning the
				security role of the user, accepting legal responsibility for the employee's
				proper use of VIIS, and terminating access to VIIS if the employee is
				noncompliant with VIIS requirements or no longer requires access.
E. Terminate organizational participation by
				notifying VDH in writing. All data entered by that organization shall remain in
				the system.
Statutory Authority: § 32.1-46.01 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 115 - VIRGINIA IMMUNIZATION INFORMATION SYSTEM › Section 12VAC5-115-40 - Patient confidentiality

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Access to VIIS information is authorized only under the condition that access
				to individual immunization information is required to perform the participant's
				job function.
B. Participants shall
				not conduct any activity that jeopardizes the proper function or security of
				VIIS. They shall use patient data only as authorized by law and this chapter
				and must immediately notify the patient and VDH of any breach of personal
				privacy or confidentiality.
C.
				Patients shall have the opportunity to opt-out of VIIS by doing one of the
				following:
1. Contacting their health care
				provider to allow the viewing of their immunizations only by that provider who
				administered them; or
2. Contacting
				VDH in writing requesting to be taken out of VIIS and have their record no
				longer viewable.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 115 - VIRGINIA IMMUNIZATION INFORMATION SYSTEM › Section 12VAC5-115-50 - Security

Current through Register Vol. 40, No. 24, July 15, 2024
A. After VDH gives
				access to a VIIS participant, a secure connection is established between his
				browser and VIIS. The system is password protected.
B. Participants shall ensure that employees
				with authorized access do not disclose their user identification code or
				password to anyone, have physical security and password-enabled screen savers
				on computers accessing VIIS, make every effort to protect VIIS screens from
				unauthorized view, and log off the system whenever leaving the VIIS
				workstation.
C. The VIIS system,
				which is maintained on a secure website, shall automatically inactivate a user
				session after a predetermined period of inactivity. The inactivation period is
				determined by VITA security policy.
D. The VIIS system shall inactivate user
				accounts, denying access to the system when participants have not logged into
				the system after a predetermined period of time. This inactivation period is
				determined by VITA security policy. The administrator must reactivate the
				account.
E. There shall be a secure
				encrypted connection between VIIS and the participating organization sending or
				receiving data if data exchange is performed. The encryption process will be
				determined by VITA or VDH or both.
Statutory Authority: § 32.1-46.01 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 115 - VIRGINIA IMMUNIZATION INFORMATION SYSTEM › Section 12VAC5-115-60 - Population of VIIS

Current through Register Vol. 40, No. 24, July 15, 2024
A. The VDH
				Divisions of Immunization and Vital Records have an agreement to populate
				demographic information in VIIS with birth certificate data. Death certificate
				data are used to make the VIIS record no longer viewable. Data exchange shall
				be performed on a periodic basis, but at least monthly.
B. Each participant shall make every effort
				to ensure the accuracy of all immunization and demographic information and
				shall include enough identifying information to allow for de-duplication of
				patients .
C. Data shall be
				reported in VIIS either by online data entry or by data exchange of files from
				other information systems. The participating provider or the health plan billed
				for the immunization shall report. Reporting shall occur within seven days of
				vaccine administration for online data entry participants. For data exchange
				participants, reporting shall occur within seven days of receipt of the
				information.
D. Both demographic
				and immunization data shall be reported by the participant.
1. Patient demographic information shall
				include, but is not limited to, patient's name, date of birth, gender,
				telephone number, home address, birth place, and mother's maiden name. The
				social security number, if provided, shall be encrypted by the application,
				appear as asterisks, and shall not print out on reports for that patient . The
				application shall allow only exact matches when the social security number is
				used for search purposes.
2.
				Patient immunization information shall include, but is not limited to, the type
				of immunization administered using industry standards such as vaccine groups,
				Health Level 7 codes, or Current Procedural Terminology codes; date the
				immunization was administered; identity of the health care provider who
				administered the vaccine; manufacturer; trade name; lot number; and, if
				present, any contraindications or religious or medical exemptions.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 115 - VIRGINIA IMMUNIZATION INFORMATION SYSTEM › Section 12VAC5-115-70 - Release of VIIS data

Current through Register Vol. 40, No. 24, July 15, 2024
A. Specific
				patient data shall not be disclosed except to the extent required or permitted
				by state and federal law or regulations, after contacting VDH . VDH will verify
				the source of the request.
B.
				Specific patient data may be disclosed to health care entities to the extent
				required or permitted by state and federal law or regulations. See subsection E
				of § 32.1-46 and § 32.1-127.1:03 of the Code of Virginia.
C. Patient data shall be erased when no
				longer needed , when the computer is being terminated , or in accordance with a
				data sharing agreement or a participant registration agreement with VDH
				.
D. Aggregate data from which
				personal identifying data has been removed or redacted may be released for the
				purposes of statistical analysis, research, or reporting only after approval by
				VDH.
E. Any inappropriate use of
				VIIS data shall result in immediate suspension of user privileges and result in
				an investigation conducted by VDH. Additional actions may be taken in
				accordance with § 32.1-27 of the Code of Virginia. The VIIS program
				manager may reinstate privileges upon satisfactory completion of required
				remedial actions and guarantee of proper use of VIIS in the future.
Statutory Authority: § 32.1-46.01 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 115 - VIRGINIA IMMUNIZATION INFORMATION SYSTEM › Section 12VAC5-115-80 - Data access in public health emergency

Current through Register Vol. 40, No. 24, July 15, 2024
A. The commissioner may access and release
				VIIS data in accordance with §§ 32.1-40 and 32.1-41 of the Code of
				Virginia.
B. The commissioner may
				designate additional persons to view VIIS information during a public health
				emergency. VDH shall contact designated authorized users, provide instruction
				for those who are not current participants, and activate an account.
C. The commissioner may include public health
				emergency announcements and notices or guidelines on the main screen that may
				be viewed immediately by the VIIS participants.
Statutory Authority: § 32.1-46.01 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 115 - VIRGINIA IMMUNIZATION INFORMATION SYSTEM › Form - FORMS (12VAC5-115)

Current through Register Vol. 40, No. 24, July 15, 2024
Administrator
				  Information, VIISADM (eff. 10/2012)
Electronic
				  Data Exchange with VIIS (eff. 10/2012)
Information
				  Systems Security Access Agreement (eff. 10/2012)
Organization
				  Information, VIISORG (eff. 10/2012)
Memorandum
				  of Agreement between Virginia Department of Health/Division of Immunization
				  (VDH/DOI) and VIIS Organization Interested in Data Exchange
				  (8/2011)
Virginia
				  Immunization Information System (VIIS) Opt-In of VIIS (reviewed
				  6/2015)
Virginia
				  Immunization Information System (VIIS) Opt-Out of VIIS (reviewed
				  6/2015)
VIIS
				  Security Policy and User Confidentiality Agreement (rev. 5/2019)
VIIS
				  User Acknowledgement Page
VIIS
				  User Signature Page
Statutory Authority: § 32.1-46.01 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 120 - REGULATIONS FOR TESTING CHILDREN FOR ELEVATED BLOOD-LEAD LEVELS › Part I - Definitions and General Information › Section 12VAC5-120-10

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 32.1-12, 32.1-35, and
						32.1-46.1 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 120 - REGULATIONS FOR TESTING CHILDREN FOR ELEVATED BLOOD-LEAD LEVELS › Part I - Definitions and General Information › Section 12VAC5-120-20

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 32.1-12, 32.1-35, and
						32.1-46.1 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 120 - REGULATIONS FOR TESTING CHILDREN FOR ELEVATED BLOOD-LEAD LEVELS › Part II - Protocol for Identification of Children with Elevated Blood-Lead Levels › Section 12VAC5-120-30

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 32.1-12, 32.1-35, and
						32.1-46.1 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 120 - REGULATIONS FOR TESTING CHILDREN FOR ELEVATED BLOOD-LEAD LEVELS › Part II - Protocol for Identification of Children with Elevated Blood-Lead Levels › Section 12VAC5-120-35 - Information about lead poisoning

Current through Register Vol. 40, No. 24, July 15, 2024
The health care provider shall make available to parents
					 information on the dangers of lead poisoning, along with a list of available
					 resources, as part of regular well-check visits for all children up to 72
					 months of age.
Statutory Authority
§ 32.1-46.1 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 120 - REGULATIONS FOR TESTING CHILDREN FOR ELEVATED BLOOD-LEAD LEVELS › Part II - Protocol for Identification of Children with Elevated Blood-Lead Levels › Section 12VAC5-120-40

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 32.1-12, 32.1-35, and
						32.1-46.1 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 120 - REGULATIONS FOR TESTING CHILDREN FOR ELEVATED BLOOD-LEAD LEVELS › Part II - Protocol for Identification of Children with Elevated Blood-Lead Levels › Section 12VAC5-120-50

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 32.1-12, 32.1-35, and
						32.1-46.1 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 120 - REGULATIONS FOR TESTING CHILDREN FOR ELEVATED BLOOD-LEAD LEVELS › Part II - Protocol for Identification of Children with Elevated Blood-Lead Levels › Section 12VAC5-120-60

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 32.1-12, 32.1-35, and
						32.1-46.1 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 120 - REGULATIONS FOR TESTING CHILDREN FOR ELEVATED BLOOD-LEAD LEVELS › Part II - Protocol for Identification of Children with Elevated Blood-Lead Levels › Section 12VAC5-120-70

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 32.1-12, 32.1-35, and
						32.1-46.1 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 120 - REGULATIONS FOR TESTING CHILDREN FOR ELEVATED BLOOD-LEAD LEVELS › Part II - Protocol for Identification of Children with Elevated Blood-Lead Levels › Section 12VAC5-120-80

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 32.1-12, 32.1-35, and
						32.1-46.1 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 120 - REGULATIONS FOR TESTING CHILDREN FOR ELEVATED BLOOD-LEAD LEVELS › Part II - Protocol for Identification of Children with Elevated Blood-Lead Levels › Section 12VAC5-120-90

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 32.1-12, 32.1-35, and
						32.1-46.1 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 125 - REGULATIONS FOR BEDDING AND UPHOLSTERED FURNITURE INSPECTION PROGRAM › Section 12VAC5-125-20 - Administration

Current through Register Vol. 40, No. 24, July 15, 2024
A. The board has
				the responsibility to promulgate, amend and repeal regulations necessary to
				protect the public health and the environment.
B. The State Health Commissioner is the chief
				executive officer of the State Department of Health. In accordance with
				§§ 32.1-20 and 32.1-22 of the Code of Virginia, the commissioner has
				the authority to act for the board when it is not in session, subject to such
				rules and regulations as may be prescribed by the board, and may employ such
				personnel as are necessary for the proper performance of his duties as
				executive officer of the board.
C.
				In addition to other authority granted by law, the commissioner has the
				authority to do the following:
1. Approve the
				process of sanitizing or sterilizing filling materials, bedding, or upholstered
				furniture.
2. Issue
				licenses/permits and assign a uniform registry number to importers,
				manufacturers, renovators, reupholsterers, or sanitizers.
3. Order the return of any item of bedding or
				upholstered furniture or any filling material made, remade, renovated,
				reupholstered, prepared, processed, labeled or not labeled in violation of the
				provisions of this chapter to the manufacturer or importer thereof.
4. Inspect the premises of a holder of a
				license or permit issued by the commissioner, subject to the requirements set
				forth at 12VAC5-125-80.
5. Refuse to issue, suspend or revoke the
				license or permit of any person (i) who violates any provision of this chapter,
				any regulation of the board pursuant to this chapter or any order of the board
				or commissioner or (ii) who is not a resident of the Commonwealth and fails or
				refuses to enter an appearance in any circuit court in the Commonwealth to
				answer a charge or charges of violation of any provision of this chapter,
				regulation of the board or order of the board or commissioner.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 125 - REGULATIONS FOR BEDDING AND UPHOLSTERED FURNITURE INSPECTION PROGRAM › Section 12VAC5-125-30 - Powers and procedures of chapter not exclusive

Current through Register Vol. 40, No. 24, July 15, 2024
The board reserves the right to authorize a procedure for
				  enforcement of this chapter that is not inconsistent with the provisions set
				  forth herein and the provisions of Chapter 1 (§ 32.1-1 et seq.) of Title
				  32.1 of the Code of Virginia.
Statutory Authority
§ 32.1-12 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 125 - REGULATIONS FOR BEDDING AND UPHOLSTERED FURNITURE INSPECTION PROGRAM › Section 12VAC5-125-40 - Exemptions

Current through Register Vol. 40, No. 24, July 15, 2024
The provisions of this chapter shall not apply to:
1. Any item of bedding or upholstered
				furniture sold under the order of any court or pursuant to § 55-419 of the
				Code of Virginia, any sale of a decedent's estate or any sale by any individual
				of his household effects.
2.
				Upholstered furniture and bedding products that are antiques as defined in
				12VAC5-125-10.
3. Any interstate public carrier.
4. Any state institution, agency or
				department unless such institution, agency or department offers for sale to the
				public items of bedding or upholstered furniture manufactured, reupholstered or
				renovated by it.
5. Any retailer
				who sells, gives away, or rents used upholstered furniture that has been
				purchased by the retailer as new furniture and has been used in the course of
				business when such used furniture has been (i) conspicuously identified as used
				furniture and (ii) reduced in price, sold at auction, donated to charity, or
				made available for a rental fee, and so tagged.
6. Any person who sells at retail,
				exclusively on a consignment basis, articles of bedding that are handmade by
				individuals and whose gross annual receipts from the sale of such articles are
				not in excess of $2,000 shall be deemed to be the manufacturer of such articles
				and shall not be required to obtain a license to make such articles. Each such
				article shall have a label affixed stating the kind of filling materials used
				in such article but shall be exempt from any other requirement as to tags set
				forth in this chapter.
Statutory Authority
§ 32.1-12 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 125 - REGULATIONS FOR BEDDING AND UPHOLSTERED FURNITURE INSPECTION PROGRAM › Section 12VAC5-125-50 - Licenses, permits, and registration numbers

Current through Register Vol. 40, No. 24, July 15, 2024
A. Licenses for manufacturers, importers,
				distributors, wholesalers, renovators, reupholsterers, supply dealers.
1. Every importer and every person
				manufacturing, renovating or reupholstering any bedding or upholstered
				furniture or processing or selling any filling material to be used in articles
				of bedding or upholstered furniture, such as a distributor/wholesaler or supply
				dealer, shall first obtain a license from the commissioner for each place of
				business, subsidiary, branch or branch factory operated or contracted by him
				for such purpose.
2. Such license
				shall be numbered; shall, unless sooner revoked, expire one year from the date
				of issue; shall be renewable annually through receipt of a fee; and shall not
				be transferable. The commissioner shall assign a uniform registry number to
				each licensee.
3. Each branch,
				branch factory and subsidiary shall be responsible for the contents and for the
				tagging, as provided in this chapter, of items of bedding and upholstered
				furniture made, remade, renovated, reupholstered, or imported by it and offered
				for sale or use in the Commonwealth.
4. Every person who, on his own account or
				for others, sells or distributes either directly or indirectly to any person
				either at wholesale or retail any bedding, filling material, shoddy pad, or
				upholstered furniture by means of a permanent location, car, truck, catalog,
				office, Internet sales or in any other manner, shall obtain from the
				commissioner a license for each such method of sale or distribution.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 125 - REGULATIONS FOR BEDDING AND UPHOLSTERED FURNITURE INSPECTION PROGRAM › Section 12VAC5-125-60 - Revocation of a license or permit

Current through Register Vol. 40, No. 24, July 15, 2024
The commissioner may, after providing an opportunity for a
				  hearing, revoke a license or permit for flagrant or continuing violation of any
				  of the requirements of this chapter.
Prior to revocation, the commissioner shall notify in writing
				  the holder of the license or permit of the specific reason for which the
				  license or permit is to be revoked. The license or permit shall be revoked at
				  the end of the 15 days following service of such notice unless a written
				  request for a hearing is filed before then with the commissioner. If no request
				  for a hearing is filed within the 15-day period, the revocation of the license
				  or permit shall be final.
Statutory Authority
§ 32.1-12 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 125 - REGULATIONS FOR BEDDING AND UPHOLSTERED FURNITURE INSPECTION PROGRAM › Section 12VAC5-125-70 - Application after revocation

Current through Register Vol. 40, No. 24, July 15, 2024
Any person whose license or permit has been revoked, may
				  apply for a new license or permit by following the procedures outlined in
				  12VAC5-125-50.
Statutory Authority
§ 32.1-12 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 125 - REGULATIONS FOR BEDDING AND UPHOLSTERED FURNITURE INSPECTION PROGRAM › Section 12VAC5-125-80 - Bedding and upholstered furniture inspections

Current through Register Vol. 40, No. 24, July 15, 2024
A. Inspections of license and permit holders.
Inspection of the premises of a holder of a license or permit
				  issued under this chapter will be initiated upon the following complaints when
				  they relate to a violation of this chapter:
1. Upon complaints received by the
				commissioner.
2. Upon complaints
				received by the Bedding Program.
3.
				Upon complaints received by the Department of Agriculture and Consumer Services
				and reported to the commissioner or Bedding Program.
4. Upon complaints made to an inspector in
				the course of a routine inspection and reported to the Bedding
				Program.
5. Upon complaints against
				a licensee made by an inspector when noted in the course of a routine
				inspection of an ancillary operation (such as a sanitizer,
				distributor/wholesaler or retailer) and reported to the Bedding
				Program.
6. Upon complaints (or
				findings of violations) against a licensee by the authorities of a government
				jurisdiction outside the Commonwealth that the licensee has sold bedding in
				violation of laws, regulations or standards of that jurisdiction dealing with
				tagging, sanitization, or consumer protection requirements.
7. Upon late or nonrenewal of permit or
				license by a licensee or permit holder or upon late notification of a change of
				location. Renewal application and payment not received by the due date
				contained in the renewal notice and a failure to timely notify the commissioner
				of a change of address shall result in the licensee being moved to an
				unlicensed status and may result in an inspection by the Bedding Program to
				determine if the licensee continues in business. If the licensee continues to
				operate, a license or permit shall not be issued until a program inspection
				occurs and the requirements of the law are satisfied.
Inspections will be carried out and completed as required
				  under the law.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 125 - REGULATIONS FOR BEDDING AND UPHOLSTERED FURNITURE INSPECTION PROGRAM › Section 12VAC5-125-110 - Sterilization of new animal hair, feathers and down

Current through Register Vol. 40, No. 24, July 15, 2024
No person shall use in the making, remaking, reupholstering
				  or renovating of any bedding or upholstered furniture any new animal hair, new
				  feathers, or new down unless such new animal hair, new feathers, or new down
				  shall have been sterilized by a reasonable process approved by the
				  commissioner.
Statutory Authority
§ 32.1-12 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 125 - REGULATIONS FOR BEDDING AND UPHOLSTERED FURNITURE INSPECTION PROGRAM › Section 12VAC5-125-120 - Separation and storage of new and sanitized items

Current through Register Vol. 40, No. 24, July 15, 2024
A. New and sanitized upholstered furniture,
				bedding and filling materials shall be kept separate from any secondhand
				upholstered furniture, bedding and filling materials that have not been
				sanitized. To prevent contamination, a distance of at least 20 feet or a
				dividing wall must be kept between new and sanitized articles, and unsanitized
				used articles of bedding and upholstered furniture.
B. Delivery vehicles shall be disinfected
				before delivering new or sanitized items if that vehicle has been used to
				previously transport unsanitized used merchandise, not limited to bedding and
				upholstered furniture.
C.
				Mattresses shall be stored at least six inches from the floor or the height of
				one standard pallet (whatever is greater) in a dry room preferably above
				ground, and so spaced to allow a four inch separation around the four sides of
				the mattresses. The storage as well as workroom areas for sanitized items shall
				be clean and free from trash, vermin, insects, filth and any hazardous waste.
				Pets and other animals shall be prohibited in storage and workroom
				areas.
Statutory Authority
§ 32.1-12 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 125 - REGULATIONS FOR BEDDING AND UPHOLSTERED FURNITURE INSPECTION PROGRAM › Section 12VAC5-125-130 - Violation of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. It
				is the responsibility of the retailer to make certain that any article of
				bedding or upholstered furniture that he offers for sale in the Commonwealth of
				Virginia regardless of where manufactured, is properly labeled and is in
				compliance with all provisions of the law.
B. Upon a complaint made to the commissioner
				as provided in § 32.1-224 of the Code of Virginia, the commissioner may
				order the return of any item of bedding or upholstered furniture or any filling
				material made, remade, renovated, reupholstered, prepared, processed, labeled,
				or not labeled in violation of the provisions of this chapter to the
				manufacturer or importer thereof. The manufacturer or importer shall be liable
				to the person returning such item for the costs of crating, shipping and the
				invoice price to the purchaser. Failure of a manufacturer or importer to pay
				such costs to the person returning such item shall be grounds for revocation or
				suspension of a license issued pursuant to this chapter.
C. The commissioner or his designee may order
				"off sale" all improperly sanitized or unsanitized articles of secondhand
				bedding or upholstered furniture. A significant number of violations in any one
				business location will result in a sign being placed on the business door
				taking off sale all used bedding and upholstered items in the store. These
				items may not be bartered, given away, rented or disposed of in any manner
				inconsistent with this chapter until properly sanitized.
D. The commissioner may refuse to issue, may
				suspend or may revoke the license or permit of any person who violates any
				provision of this chapter, or who is not a resident of the Commonwealth and
				fails or refuses to enter an appearance in any circuit court in the
				Commonwealth to answer a charge or charges of violation of any provision of
				this chapter, or order of the board or commissioner within 25 days after
				service upon him of a notice by certified mail.
E. Any violation of the provisions of this
				chapter shall constitute a prohibited practice in accordance with §
				59.1-200 of the Code of Virginia and shall be subject to any and all of the
				enforcement provisions of the Virginia Consumer Protection Act (§ 59.1-196
				et seq. of the Code of Virginia).
F. Any person violating any provision of this
				chapter shall be guilty of a Class 2 misdemeanor pursuant to § 32.1-226 of
				the Code of Virginia.
Statutory Authority
§ 32.1-12 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 125 - REGULATIONS FOR BEDDING AND UPHOLSTERED FURNITURE INSPECTION PROGRAM › Section 12VAC5-125-140 - Enforcement of regulation

Current through Register Vol. 40, No. 24, July 15, 2024
A. This
				chapter shall be enforced by the board and the commissioner, as executive
				officer of the board.
B. All
				persons shall operate in compliance with the requirements set forth in this
				chapter and shall not operate without a valid license or permit.
C. Pursuant to the authority granted in
				§ 32.1-224 of the Code of Virginia, the commissioner may issue orders to
				require any license or permit holder or other person to comply with the
				provisions of this chapter. The order may require the following:
1. The immediate cessation and correction of
				the violation;
2. Appropriate
				remedial action to ensure that the violation does not continue or
				recur;
3. The submission of a plan
				to prevent future violations;
4.
				Any other corrective action deemed necessary for proper compliance with the
				regulations, and safety and health of the consumers of the
				Commonwealth.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 125 - REGULATIONS FOR BEDDING AND UPHOLSTERED FURNITURE INSPECTION PROGRAM › Section 12VAC5-125-150 - 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 Bedding Program. Requests for hearings shall cite
				  the reasons for the hearing request and shall cite the section(s) of these
				  regulations involved and must be received within 15 days of the decision by the
				  department that lead to the hearing request.
Statutory Authority
§ 32.1-12 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 125 - REGULATIONS FOR BEDDING AND UPHOLSTERED FURNITURE INSPECTION PROGRAM › Section 12VAC5-125-160 - Hearing as a matter of right

Current through Register Vol. 40, No. 24, July 15, 2024
Any person holding a license or permit or named party whose
				  rights, duties, or privileges have been, or may be affected by any case
				  decision of the board or its subordinates in the administration of these
				  regulations, 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. Exception: No person other than an
				  owner shall have the right to an adjudicatory hearing to challenge the issuance
				  of a license or permit unless the person can demonstrate at an informal hearing
				  that the minimum standards contained in these regulations have not been applied
				  and that he will be injured in some manner by the issuance of the license or
				  permit.
Statutory Authority
§ 32.1-12 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 125 - REGULATIONS FOR BEDDING AND UPHOLSTERED FURNITURE INSPECTION PROGRAM › Section 12VAC5-125-170 - Penalties, injunctions, civil penalties and charges for violations

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person
				willfully violating, or refusing, failing, or neglecting to comply with any
				regulations or order of the board or commissioner, or any provision of this
				chapter, shall be guilty of a Class 2 misdemeanor unless a different penalty is
				specified. Each day of violation shall constitute a separate offense.
B. Any person violating, or failing,
				neglecting, or refusing to obey any order of the board or commissioner, or any
				provision of this chapter may be compelled, in a proceeding instituted in an
				appropriate court by the board or commissioner, to obey and comply with such
				regulations, order, or any applicable provision of Title 32.1 of the Code of
				Virginia. The proceeding may be by injunction, mandamus, or other appropriate
				remedy.
C. Without limiting the
				remedies that may be obtained pursuant to subsection B of this section, any
				person violating or failing, neglecting, or refusing to obey any injunction,
				mandamus, or other remedy obtained pursuant to subsection B of this section
				shall be subject, in the discretion of the court, to a civil penalty not to
				exceed $25,000 for each violation. Each day of violation shall constitute a
				separate offense.
D. With the
				consent of any person who has violated or failed, neglected or refused to obey
				any regulation or order of the board or commissioner or any applicable
				provision of Title 32.1 of the Code of Virginia, the board may provide, in an
				order issued by the board against such person, for the payment of civil charges
				for past violations in specific sums not to exceed the limit set forth in
				subsection C of this section. Such civil charges shall be in place of any
				appropriate civil penalty that could be imposed under subsection C of this
				section.
Statutory Authority
§ 32.1-12 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 125 - REGULATIONS FOR BEDDING AND UPHOLSTERED FURNITURE INSPECTION PROGRAM › Section 12VAC5-125-180 - Fees

Current through Register Vol. 40, No. 24, July 15, 2024
The board shall set the annual fees imposed for licenses and
				  permits issued pursuant to this chapter. All fees collected shall be deposited
				  and held by the department in a separate fund, from which shall be paid all
				  expenditures necessary in carrying out the provisions of this chapter.
The board shall review the fees being charged for the
				  services delivered by the department pursuant to Article 7 (§ 32.1-212 et
				  seq.) of Chapter 6 of Title 32.1 as such services and fees were in effect prior
				  to July 1, 2003, and shall revise such fees, as appropriate, consistent with
				  the level of services required by this chapter.
The fee schedule established by the board is as
				  follows:
Vendor Description:
Annual Fee:
Manufacturer of bedding
$100
Manufacturer of upholstered furniture
$100
Renovator (bedding)
$25
Reupholsterer
$25
Supply dealer
$25
Importer
$100
Sanitizer
$60
Distributor/wholesaler
$100
Statutory Authority
§ 32.1-12 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 125 - REGULATIONS FOR BEDDING AND UPHOLSTERED FURNITURE INSPECTION PROGRAM › Section - DOCUMENTS INCORPORATED BY REFERENCE (12VAC5-125)

Current through Register Vol. 40, No. 24, July 15, 2024
2004 Manual of Labeling Laws, Registration Requirements,
				  International Sleep Products Association.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 135 - RECREATIONAL ADVISORIES › Section 12VAC5-135-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meanings unless the context clearly indicates
				  otherwise:
"Beach action value" or "BAV" means the concentration of an
				  indicator organism that shall determine whether a beach advisory is issued or
				  lifted.
"Beach advisory" means a public announcement that the beach
				  action value has been met or exceeded and informing the public of a higher risk
				  of illness when swimming.
"Beach warning" means a public announcement issued as a
				  result of the department suspecting a public beach water hazard to be present,
				  such as during extreme weather events or chemical spills or when the department
				  has been unable to test public beach water as scheduled.
"Commissioner" means the State Health Commissioner or the
				  commissioner's designee.
"Department" means the Virginia Department of Health.
"Public beach" means a sandy beach located on a tidal
				  shoreline adjacent to water that is suitable for swimming and that remains open
				  and accessible for public use.
"Public beach water" means the water adjacent to a public
				  beach.
Statutory Authority: §
											32.1-12
					 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 135 - RECREATIONAL ADVISORIES › Section 12VAC5-135-20 - Beach Monitoring and Notification Program

Current through Register Vol. 40, No. 24, July 15, 2024
Through the Virginia Department of Health Beach Monitoring
				  and Notification Program, funded by the U.S. Environmental Protection Agency
				  BEACH Act Grant, the commissioner issues and lifts beach advisories and beach
				  warnings for public beach water.
Statutory Authority: §
											32.1-12
					 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 135 - RECREATIONAL ADVISORIES › Section 12VAC5-135-30 - Issuance and lifting of beach advisories and beach warnings

Current through Register Vol. 40, No. 24, July 15, 2024
A. The BAV value
				that determines issuance or lifting of a beach advisory equals 104 most
				probable number (MPN) per 100 mL enterococci.
B. The commissioner shall issue beach
				advisories whenever public beach water samples are equal to or greater than the
				BAV. After the issuing of the beach advisory, if the results of subsequent
				testing of public beach water samples are less than the BAV, the commissioner
				shall lift the beach advisory.
C.
				The commissioner shall issue beach warnings whenever it is not possible for
				department staff to collect samples of the public beach water on the scheduled
				day as a result of practical or safety concerns, or if the proximity of other
				imminent hazards, such as those of a chemical spill, pose a health risk to
				public beach water users. The commissioner shall lift beach warnings when the
				event or imminent health hazard has passed or public beach water sampling has
				resumed. The appropriate laboratory analysis for the hazard shall be used when
				available to demonstrate public beach water conditions are safe for public
				use.
D. Acceptable means of public
				notification of beach advisories and beach warnings include public beach
				signage, press releases, contacting of local government officials, social media
				posts, and other forms of communication to convey a beach advisory or beach
				warning.
Statutory Authority: §
											32.1-12
					 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 135 - RECREATIONAL ADVISORIES › Section 12VAC5-135-40 - Procedures for beach monitoring

Current through Register Vol. 40, No. 24, July 15, 2024
The procedures for beach monitoring are as follows:
1. The department shall collect public beach
				water samples on a weekly basis from the middle of May through September or as
				otherwise determined by the department based on factors such as the size of the
				beach-going population and the climate at any particular public
				beach.
2. The department shall
				analyze public beach water samples using methods approved by the U.S.
				Environmental Protection Agency.
3.
				If the department does not collect and test a public beach water sample as
				scheduled, the commissioner shall issue a beach warning, or if there is an
				existing beach advisory, the commissioner shall continue the beach
				advisory.
4. If multiple public
				beach water samples are taken at several sites within public beach water, the
				department may average and compare the samples with the BAV. If the average
				result of the public beach water samples is equal to or greater than the BAV,
				then the commissioner shall issue a beach advisory.
5. If a public beach water sample is equal to
				or greater than the BAV, the commissioner-issued beach advisory shall remain in
				effect until follow-up samples can be taken that demonstrate that levels are
				less than the BAV.
6. In the event
				of the issuance of a beach advisory, the department shall collect and analyze
				follow-up public beach water samples as soon as reasonably possible. Follow-up
				public beach water samples that are equal to or greater than the BAV shall
				result in a continuation of the beach advisory.
Statutory Authority: §
											32.1-12
					 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 150 - REGULATIONS FOR THE SANITARY CONTROL OF STORING, PROCESSING, PACKING OR REPACKING OF OYSTERS, CLAMS AND OTHER SHELLFISH › Section 12VAC5-150-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms, when used in this chapter
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Certificate of inspection" means the certificate issued by
				  the State Health Commissioner to each person, firm, or corporation operating an
				  establishment for the storing, processing, packing, or repacking of oysters,
				  clams, and other shellfish, to operate the establishment.
"Establishment" means any property or premises where
				  shellfish are stored, processed, packed, or repacked prior to removal from the
				  property or premises for sale or for storage in the fresh or frozen
				  state.
"Standards and specifications" means the standards and
				  specifications established by the State Health Commissioner:
Statutory Authority
Chapter 8 (§ 28.2-800 et seq.) of Title 28.2 of the
					 Code of Virginia.