{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-162.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-162.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-162.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-162.5.html"}],"law_id":72174,"edition_id":1,"section_id":72174,"structure_id":13733,"section_number":"32.1-162.5","catch_line":"Regulations","history":"1981, c. 346; 2007, c. 397; 2020, Sp. Sess. I, cc. 10, 11; 2021, Sp. Sess. I, c. 525.","full_text":"A\n\nThe Board shall prescribe such regulations governing the activities and services provided by hospices as may be necessary to protect the public health, safety and welfare. Such regulations shall include, but not be limited to, the requirements for: the qualifications and supervision of licensed and nonlicensed personnel; the standards for the care, treatment, health, safety, welfare, and comfort of patients and their families served by the program; the management, operation, staffing and equipping of the hospice program or hospice facility; clinical and business records kept by the hospice or hospice facility; and procedures for the review of utilization and quality of care. To avoid duplication in regulations, the Board shall incorporate regulations applicable to facilities licensed as hospitals or nursing homes under Article 1 (§ 32.1-123 et seq.) and to organizations licensed as home care organizations under Article 7.1 (§ 32.1-162.7 et seq.) that are also applicable to hospice programs in the regulations to govern hospices. A person who seeks a license to establish or operate a hospice and who has a preexisting valid license to operate a hospital, nursing home, or home care organization shall be considered in compliance with those regulations that are applicable to both a hospice and the facility for which it has a license.B\n\nNotwithstanding any law or regulation to the contrary, regulations for hospice facilities shall include minimum standards for design and construction consistent with the Hospice Care section of the current edition of the Guidelines for Design and Construction of Hospital and Health Care Facilities issued by the American Institute of Architects Academy of Architecture for Health.C\n\nRegulations for hospices shall require each hospice facility to establish a protocol to allow each patient to receive visits, consistent with guidance from the Centers for Disease Control and Prevention and as directed by the Centers for Medicare and Medicaid Services and the Board, during a public health emergency related to COVID-19. Such protocol shall include provisions describing (i) the conditions, including conditions related to the presence of COVID-19 in the hospice facility and community, under which in-person visits will be allowed and under which in-person visits will not be allowed and visits will be required to be virtual; (ii) the requirements with which in-person visitors will be required to comply to protect the health and safety of patients and staff of the hospice facility; (iii) the types of technology, including interactive audio or video technology, and the staff support necessary to ensure visits are provided as required by this subsection; and (iv) the steps the hospice facility will take in the event of a technology failure, service interruption, or documented emergency that prevents visits from occurring as required by this subsection. Such protocol shall also include (a) a statement of the frequency with which visits, including virtual and in-person, where appropriate, will be allowed, which shall be at least once every 10 calendar days for each patient; (b) a provision authorizing a patient or the patient’s personal representative to waive or limit visitation, provided that such waiver or limitation is included in the patient’s health record; and (c) a requirement that each hospice facility publish on its website or communicate to patients or their personal representatives, in writing or via electronic means, the hospice facility’s plan for providing visits to patients as required by this subsection.D\n\nDuring a declared public health emergency related to a communicable disease of public health threat, regulations governing hospices shall require each hospice facility to establish a protocol to allow patients to receive visits from a rabbi, priest, minister, or clergy of any religious denomination or sect consistent with guidance from the Centers for Disease Control and Prevention and the Centers for Medicare and Medicaid Services and subject to compliance with any executive order, order of public health, Department guidance, or any other applicable federal or state guidance having the effect of limiting visitation. Such protocol may restrict the frequency and duration of visits and may require visits to be conducted virtually using interactive audio or video technology. Any such protocol may require the person visiting a patient pursuant to this subsection to comply with all reasonable requirements of the hospice adopted to protect the health and safety of the person, patients, and staff of the hospice.","order_by":null,"text":{"0":{"id":260005,"text":"The Board shall prescribe such regulations governing the activities and services provided by hospices as may be necessary to protect the public health, safety and welfare. Such regulations shall include, but not be limited to, the requirements for: the qualifications and supervision of licensed and nonlicensed personnel; the standards for the care, treatment, health, safety, welfare, and comfort of patients and their families served by the program; the management, operation, staffing and equipping of the hospice program or hospice facility; clinical and business records kept by the hospice or hospice facility; and procedures for the review of utilization and quality of care. To avoid duplication in regulations, the Board shall incorporate regulations applicable to facilities licensed as hospitals or nursing homes under Article 1 (§ 32.1-123 et seq.) and to organizations licensed as home care organizations under Article 7.1 (§ 32.1-162.7 et seq.) that are also applicable to hospice programs in the regulations to govern hospices. A person who seeks a license to establish or operate a hospice and who has a preexisting valid license to operate a hospital, nursing home, or home care organization shall be considered in compliance with those regulations that are applicable to both a hospice and the facility for which it has a license.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":260006,"text":"Notwithstanding any law or regulation to the contrary, regulations for hospice facilities shall include minimum standards for design and construction consistent with the Hospice Care section of the current edition of the Guidelines for Design and Construction of Hospital and Health Care Facilities issued by the American Institute of Architects Academy of Architecture for Health.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":260007,"text":"Regulations for hospices shall require each hospice facility to establish a protocol to allow each patient to receive visits, consistent with guidance from the Centers for Disease Control and Prevention and as directed by the Centers for Medicare and Medicaid Services and the Board, during a public health emergency related to COVID-19. Such protocol shall include provisions describing (i) the conditions, including conditions related to the presence of COVID-19 in the hospice facility and community, under which in-person visits will be allowed and under which in-person visits will not be allowed and visits will be required to be virtual; (ii) the requirements with which in-person visitors will be required to comply to protect the health and safety of patients and staff of the hospice facility; (iii) the types of technology, including interactive audio or video technology, and the staff support necessary to ensure visits are provided as required by this subsection; and (iv) the steps the hospice facility will take in the event of a technology failure, service interruption, or documented emergency that prevents visits from occurring as required by this subsection. Such protocol shall also include (a) a statement of the frequency with which visits, including virtual and in-person, where appropriate, will be allowed, which shall be at least once every 10 calendar days for each patient; (b) a provision authorizing a patient or the patient’s personal representative to waive or limit visitation, provided that such waiver or limitation is included in the patient’s health record; and (c) a requirement that each hospice facility publish on its website or communicate to patients or their personal representatives, in writing or via electronic means, the hospice facility’s plan for providing visits to patients as required by this subsection.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":260008,"text":"During a declared public health emergency related to a communicable disease of public health threat, regulations governing hospices shall require each hospice facility to establish a protocol to allow patients to receive visits from a rabbi, priest, minister, or clergy of any religious denomination or sect consistent with guidance from the Centers for Disease Control and Prevention and the Centers for Medicare and Medicaid Services and subject to compliance with any executive order, order of public health, Department guidance, or any other applicable federal or state guidance having the effect of limiting visitation. Such protocol may restrict the frequency and duration of visits and may require visits to be conducted virtually using interactive audio or video technology. Any such protocol may require the person visiting a patient pursuant to this subsection to comply with all reasonable requirements of the hospice adopted to protect the health and safety of the person, patients, and staff of the hospice.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13733,"edition_id":1,"name":"Hospice Program Licensing","identifier":"7","label":"article","depth":3,"order_by":1,"parent_id":12728,"metadata":{},"date_created":"2026-06-26 03:45:44","date_modified":"2026-06-26 03:45:44","permalink":{"id":203263,"object_type":"structure","relational_id":13733,"identifier":"7","token":"32.1\/5\/7","url":"\/32.1\/5\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12728,"edition_id":1,"name":"Regulation of Medical Care Facilities and Services","identifier":"5","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":202855,"object_type":"structure","relational_id":12728,"identifier":"5","token":"32.1\/5","url":"\/32.1\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":77748,"structure_id":13733,"section_number":"32.1-162.1","catch_line":"Definitions","url":"\/32.1-162.1\/","token":"32.1\/5\/7\/32.1-162.1","metadata":false},{"id":54733,"structure_id":13733,"section_number":"32.1-162.2","catch_line":"Exemptions from article","url":"\/32.1-162.2\/","token":"32.1\/5\/7\/32.1-162.2","metadata":false},{"id":62741,"structure_id":13733,"section_number":"32.1-162.3","catch_line":"License required for hospice programs; notice of denial of license; renewal thereof","url":"\/32.1-162.3\/","token":"32.1\/5\/7\/32.1-162.3","metadata":false},{"id":54738,"structure_id":13733,"section_number":"32.1-162.4","catch_line":"Inspections","url":"\/32.1-162.4\/","token":"32.1\/5\/7\/32.1-162.4","metadata":false},{"id":72174,"structure_id":13733,"section_number":"32.1-162.5","catch_line":"Regulations","url":"\/32.1-162.5\/","token":"32.1\/5\/7\/32.1-162.5","metadata":false},{"id":58481,"structure_id":13733,"section_number":"32.1-162.5:1","catch_line":"Notice to dispenser of patient's death; disposition of dispensed drugs","url":"\/32.1-162.5_1\/","token":"32.1\/5\/7\/32.1-162.5_1","metadata":false},{"id":60487,"structure_id":13733,"section_number":"32.1-162.6","catch_line":"Revocation or suspension of license","url":"\/32.1-162.6\/","token":"32.1\/5\/7\/32.1-162.6","metadata":false},{"id":57388,"structure_id":13733,"section_number":"32.1-162.6:1","catch_line":"Possession or administration of cannabis oil","url":"\/32.1-162.6_1\/","token":"32.1\/5\/7\/32.1-162.6_1","metadata":false}],"previous_section":{"id":54738,"structure_id":13733,"section_number":"32.1-162.4","catch_line":"Inspections","url":"\/32.1-162.4\/","token":"32.1\/5\/7\/32.1-162.4","metadata":false},"next_section":{"id":58481,"structure_id":13733,"section_number":"32.1-162.5:1","catch_line":"Notice to dispenser of patient's death; disposition of dispensed drugs","url":"\/32.1-162.5_1\/","token":"32.1\/5\/7\/32.1-162.5_1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-162.5\/","history_text":"

This law was first created in 1981. The record of its establishment is cataloged in chapter 346 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1981 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2007, chapter 397<\/a>.<\/p>","references":false,"refers_to":[{"id":80727,"section_number":"32.1-123","catch_line":"(Effective January 1, 2026) Definitions","order_by":null,"url":"\/32.1-123\/"},{"id":62849,"section_number":"32.1-162.7","catch_line":"Definitions","order_by":null,"url":"\/32.1-162.7\/"}],"permalink":{"id":203281,"object_type":"law","relational_id":72174,"identifier":"32.1-162.5","token":"32.1\/5\/7\/32.1-162.5","url":"\/32.1-162.5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-162.5\/","token":"32.1\/5\/7\/32.1-162.5","dublin_core":{"Title":"Regulations","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-162.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Board<\/span> shall prescribe such regulations governing the activities and services provided by hospices<\/span> as may be necessary to protect the public health, safety and welfare. Such regulations shall include, but not be limited to, the requirements for: the qualifications and supervision of licensed and nonlicensed personnel; the standards for the care, treatment, health, safety, welfare, and comfort of patients and their families served by the program; the management, operation, staffing and equipping of the hospice program or hospice facility<\/span>; clinical and business records kept by the hospice or hospice facility<\/span>; and procedures for the review of utilization and quality of care. To avoid duplication in regulations, the Board<\/span> shall incorporate regulations applicable to facilities licensed as hospitals or nursing homes under Article 1 (§ 32.1-123<\/a> et seq.) and to organizations licensed as home care organizations under Article 7.1 (§ 32.1-162.7<\/a> et seq.) that are also applicable to hospice programs in the regulations to govern hospices<\/span>. A person<\/span> who seeks a license to establish or operate a hospice and who has a preexisting valid license to operate a hospital, nursing home, or home care organization shall be considered in compliance with those regulations that are applicable to both a hospice and the facility for which it has a license. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding any law<\/span> or regulation to the contrary, regulations for hospice facilities shall include minimum standards for design and construction consistent with the Hospice Care section of the current edition of the Guidelines for Design and Construction of Hospital and Health Care Facilities issued by the American Institute of Architects Academy of Architecture for Health. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Regulations for hospices<\/span> shall require each hospice facility<\/span> to establish a protocol to allow each patient to receive visits, consistent with guidance from the Centers for Disease Control and Prevention and as directed by the Centers for Medicare and Medicaid Services and the Board<\/span>, during a public health emergency related to COVID-19. Such protocol shall include provisions describing (i) the conditions, including conditions related to the presence of COVID-19 in the hospice facility<\/span> and community, under which in-person<\/span> visits will be allowed and under which in-person<\/span> visits will not be allowed and visits will be required to be virtual; (ii) the requirements with which in-person<\/span> visitors will be required to comply to protect the health and safety of patients and staff of the hospice facility<\/span>; (iii) the types of technology, including interactive audio or video technology, and the staff support necessary to ensure visits are provided as required by this subsection; and (iv) the steps the hospice facility<\/span> will take in the event of a technology failure, service interruption, or documented emergency that prevents visits from occurring as required by this subsection. Such protocol shall also include (a) a statement of the frequency with which visits, including virtual and in-person<\/span>, where appropriate, will be allowed, which shall be at least once every 10 calendar days for each patient; (b) a provision authorizing a patient or the patient’s personal representative to waive<\/span> or limit visitation, provided that such waiver<\/span> or limitation is included in the patient’s health record; and (c) a requirement that each hospice facility<\/span> publish on its website or communicate to patients or their personal representatives, in writing or via electronic means, the hospice facility<\/span>’s plan for providing visits to patients as required by this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> During a declared public health emergency related to a communicable disease of public health threat, regulations governing hospices<\/span> shall require each hospice facility<\/span> to establish a protocol to allow patients to receive visits from a rabbi, priest, minister, or clergy of any religious denomination or sect consistent with guidance from the Centers for Disease Control and Prevention and the Centers for Medicare and Medicaid Services and subject to compliance with any executive order<\/span>, order<\/span> of public health, Department<\/span> guidance, or any other applicable federal or state guidance having the effect of limiting visitation. Such protocol may restrict the frequency and duration of visits and may require visits to be conducted virtually using interactive audio or video technology. Any such protocol may require the person<\/span> visiting a patient pursuant to this subsection to comply with all reasonable requirements of the hospice adopted to protect the health and safety of the person<\/span>, patients, and staff of the hospice. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREGULATIONS (\u00a7 32.1-162.5)\n\nA. The Board shall prescribe such regulations governing the activities and\nservices provided by hospices as may be necessary to protect the public health,\nsafety and welfare. Such regulations shall include, but not be limited to, the\nrequirements for: the qualifications and supervision of licensed and nonlicensed\npersonnel; the standards for the care, treatment, health, safety, welfare, and\ncomfort of patients and their families served by the program; the management,\noperation, staffing and equipping of the hospice program or hospice facility;\nclinical and business records kept by the hospice or hospice facility; and\nprocedures for the review of utilization and quality of care. To avoid\nduplication in regulations, the Board shall incorporate regulations applicable\nto facilities licensed as hospitals or nursing homes under Article 1 (§\n32.1-123 et seq.) and to organizations licensed as home care organizations under\nArticle 7.1 (§ 32.1-162.7 et seq.) that are also applicable to hospice\nprograms in the regulations to govern hospices. A person who seeks a license to\nestablish or operate a hospice and who has a preexisting valid license to\noperate a hospital, nursing home, or home care organization shall be considered\nin compliance with those regulations that are applicable to both a hospice and\nthe facility for which it has a license.\n\nB. Notwithstanding any law or regulation to the contrary, regulations for\nhospice facilities shall include minimum standards for design and construction\nconsistent with the Hospice Care section of the current edition of the\nGuidelines for Design and Construction of Hospital and Health Care Facilities\nissued by the American Institute of Architects Academy of Architecture for\nHealth.\n\nC. Regulations for hospices shall require each hospice facility to establish a\nprotocol to allow each patient to receive visits, consistent with guidance from\nthe Centers for Disease Control and Prevention and as directed by the Centers\nfor Medicare and Medicaid Services and the Board, during a public health\nemergency related to COVID-19. Such protocol shall include provisions describing\n(i) the conditions, including conditions related to the presence of COVID-19 in\nthe hospice facility and community, under which in-person visits will be allowed\nand under which in-person visits will not be allowed and visits will be required\nto be virtual; (ii) the requirements with which in-person visitors will be\nrequired to comply to protect the health and safety of patients and staff of the\nhospice facility; (iii) the types of technology, including interactive audio or\nvideo technology, and the staff support necessary to ensure visits are provided\nas required by this subsection; and (iv) the steps the hospice facility will\ntake in the event of a technology failure, service interruption, or documented\nemergency that prevents visits from occurring as required by this subsection.\nSuch protocol shall also include (a) a statement of the frequency with which\nvisits, including virtual and in-person, where appropriate, will be allowed,\nwhich shall be at least once every 10 calendar days for each patient; (b) a\nprovision authorizing a patient or the patient’s personal representative\nto waive or limit visitation, provided that such waiver or limitation is\nincluded in the patient’s health record; and (c) a requirement that each\nhospice facility publish on its website or communicate to patients or their\npersonal representatives, in writing or via electronic means, the hospice\nfacility’s plan for providing visits to patients as required by this\nsubsection.\n\nD. During a declared public health emergency related to a communicable disease\nof public health threat, regulations governing hospices shall require each\nhospice facility to establish a protocol to allow patients to receive visits\nfrom a rabbi, priest, minister, or clergy of any religious denomination or sect\nconsistent with guidance from the Centers for Disease Control and Prevention and\nthe Centers for Medicare and Medicaid Services and subject to compliance with\nany executive order, order of public health, Department guidance, or any other\napplicable federal or state guidance having the effect of limiting visitation.\nSuch protocol may restrict the frequency and duration of visits and may require\nvisits to be conducted virtually using interactive audio or video technology.\nAny such protocol may require the person visiting a patient pursuant to this\nsubsection to comply with all reasonable requirements of the hospice adopted to\nprotect the health and safety of the person, patients, and staff of the hospice.\n\nHISTORY: 1981, c. 346; 2007, c. 397; 2020, Sp. Sess. I, cc. 10, 11; 2021, Sp.\nSess. I, c. 525.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}