Title of Regulation: 12VAC35-220. Certification Requirements for Early Intervention Professionals and Early Intervention Specialists (adding 12VAC35-220-10 through 12VAC35-220-100).

Statutory Authority: § 2.2-5304 of the Code of Virginia.

Effective Dates: November 3, 2009, through May 2, 2011.

Pursuant to § 2.2-4011 of the Code of Virginia, the Department of Behavioral Health and Developmental Services requested an extension of the above-referenced emergency regulation to complete the requirements of the Administrative Process Act fast-track rulemaking process. The existing emergency regulations are set to expire on November 2, 2010. The emergency regulations were published in 26:6 VA.R. 664-668 November 23, 2009 (http://register.dls.virginia.gov/vol26/iss06/v26i06.pdf).

In February 2010, the Department of Behavioral Health and Developmental Services submitted a request to establish permanent regulations related to the certification process for early intervention personnel through the Administrative Process Act fast-track rulemaking process. In April 2010, the Department of Planning and Budget approved this request. In July, the Secretary of Health and Human Resources forwarded the request to the Governor's office. To date, the request has not been released by the Governor's office for publication in the Virginia Register of Regulations.

Federal officials have advised the Department of Behavioral Health and Developmental Services that federal guidelines require that adoption of permanent regulations include a 60-day comment period. It is the department's intent to extend the comment period allowed for fast-track adoption to 60 days in order to meet these guidelines. With the extended comment period required by federal regulations, it will not be possible to have permanent regulations in place before the emergency regulations expire.

In order for providers to receive Medicaid payments for early intervention services, regulations governing personnel qualifications must be in place. Therefore, the department is requesting a six-month extension of the expiration date of the emergency early intervention personnel certification regulations in order to allow sufficient time for the publication and adoption of permanent replacement regulations.

The Governor approved the department's request to extend the expiration date of the emergency regulation for six months as provided for in § 2.2-4011 D of the Code of Virginia. Therefore, the regulations will continue in effect through May 2, 2011.

Agency Contact: Karen Durst, Department of Behavioral Health and Developmental Services, 1220 Bank Street, P.O. Box 1797, Richmond, VA 23218-1797, telephone (804) 786-9844, FAX (804) 371-7959, or email karen.durst@dbhds.virginia.gov.