Vol. 39 Iss. 2 - September 12, 2022

Chapter 105
Notice of Extension of Emergency Regulation

Title of Regulation: 12VAC35-105. Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services (amending 12VAC35-105-20, 12VAC35-105-30, 12VAC35-105-1360 through 12VAC35-105-1390, 12VAC35-105-1410).

Statutory Authority: § 37.2-302 of the Code of Virginia.

The Governor has approved the request of the State Board of Behavioral Health and Developmental Services to extend the expiration date of the emergency regulation for 12VAC35-105 for six months as provided for in § 2.2-4011 D of the Code of Virginia. Therefore, the emergency regulation is continued in effect through February 18, 2023. This extension is required for the state board to continue to align the department's licensing regulations with anticipated changes to Medicaid behavioral health regulations in Item 313 of Chapter 1289 of the 2020 Acts of Assembly (2020 Appropriation Act), to remove provisions that would conflict with newly funded behavioral health services and establish new licensed services for those newly funded behavioral health services that cannot be nested under an existing department license, including substantive changes to the existing license requirements for Program for Assertive Community Treatment services, which are inconsistent with the Assertive Community Treatment services that will be funded as part of Behavioral Health Enhancement. The emergency regulation was published in 37:12 VA.R. 1234-1247 February 1, 2021.

Effective Date Extended Through: February 18, 2023.

Agency Contact: Ruth Anne Walker, Director of Regulatory Affairs, Department of Behavioral Health and Developmental Services, Jefferson Building, 1220 Bank Street, 4th Floor, Richmond, VA 23219, telephone (804) 225-2252, FAX (804) 371-4609, TDD (804) 371-8977, or email

VA.R. Doc. No. R21-6076; Filed August 16, 2022