TITLE 12. HEALTH

STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Behavioral Health and Developmental Services intends to consider promulgating 12VAC35-270, General Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services. The purpose of the proposed action is to serve as the general provisions chapter for the restructure of the licensing regulations for the Department of Behavioral Health and Developmental Services (DBHDS).

In 2017, DBHDS conducted a periodic review of the licensing regulations. During that review, the Office of Regulatory Affairs extensively researched how other states structure licensing regulations. DBHDS also gathered information and comments for the new regulatory structure from internal subject matter experts, providers, and other state agencies with overlapping or associated regulatory authority. As a result of this research, DBHDS determined the licensing regulations should be broken into service-specific chapters. Therefore, DBHDS intends to propose to repeal the existing children's residential regulations and licensing regulations, Regulations for Children's Residential Facilities (12VAC35-46) and Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services (12VAC35-105), and replace them with one overarching general chapter applicable to all providers and five service-specific chapters. These proposed chapters will address the following DBHDS service licensing responsibilities: residential, noncenter-based, center-based, crisis, and case management. This methodology is intended to allow more detailed, service-specific regulations where appropriate and offer more clarity for providers regarding exactly which provisions of the licensing regulations apply to their services. This general chapter will include provisions applying to (i) administration, (ii) personnel, (iii) operational practices, (iv) risk management and quality improvement, (v) responsibilities to individuals, (vi) physical environment standards, and (vii) emergency preparedness.

The entirety of this restructuring action will move through the regulatory process together, and in whole, promulgate General Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services (12VAC35-270); Regulations for Residential and Inpatient Services (12VAC35-272); Regulations for Noncenter-Based Services (12VAC35-274); Regulations for Center-Based Services (12VAC35-276); Regulations for Crisis Services (12VAC35-278); and Regulations for Case Management Services (12VAC35-280). When applicable, the regulatory provisions from 12VAC35-46 and 12VAC35-105 have been pulled into this general chapter and the service-specific chapters and updated as appropriate. Each of these chapters will have a unique regulatory notice, proposed, and final stage provided in the Virginia Register. The Notices of Intended Regulatory Action for the service-specific chapters follow.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 37.2-203 and 37.2-304 of the Code of Virginia.

Public Comment Deadline: September 24, 2025.

Agency Contact: Susan Puglisi, Regulatory Research Specialist, Department of Behavioral Health and Developmental Services, Jefferson Building, 1220 Bank Street, Fourth Floor, Richmond, VA 23219, telephone (804) 975-0538, fax (804) 371-6638, TDD (804) 371-8977, or email susan.puglisi@dbhds.virginia.gov.