Vol. 37 Iss. 12 - February 01, 2021

Chapter 105
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Department of Behavioral Health and Developmental Services intends to consider amending 12VAC35-105, Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services. The purpose of the proposed action is to comply with Item 318 of Chapter 1289 of the 2020 Acts of Assembly (2020 Appropriation Act) to align the department's licensing regulations with anticipated changes to Medicaid behavioral health regulations in Item 313 of Chapter 1289. The proposed amendments 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. For most of the department's existing licensed services, including functional family therapy, multisystemic family therapy, intensive outpatient services, partial hospitalization programs, mobile crisis intervention services, 23-hour temporary observation services, crisis stabilization services, and residential crisis stabilization unit services, minimal changes are anticipated in the proposed action. The existing license requirements for Program for Assertive Community Treatment (PACT) services, however, are inconsistent with the Assertive Community Treatment (ACT) services that will be funded as part of Behavioral Health Enhancement and substantive changes are proposed for the specific licensing regulations for this service to align licensing requirements with ACT service expectations.

The agency does not intend to hold a public hearing at the proposed stage.

Statutory Authority: § 37.2-203 of the Code of Virginia.

Public Comment Deadline: March 3, 2021.

Agency Contact: Ruth Anne Walker, Director of Regulatory Affairs, Department of Behavioral Health and Developmental Services, 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 January 08, 2021