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 repealing 12VAC35-46, Regulations for Children's Residential Facilities, and 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 repeal these two chapters and replace them with a restructured approach to Department of Behavioral Health and Developmental Services (DBHDS) licensing regulation chapters.

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 and replace them with one overarching general chapter applicable to all providers and five service-specific chapters. When applicable, the regulatory provisions from 12VAC35-46 and 12VAC35-105 will be pulled into the general chapter and the service-specific chapters and updated as appropriate.

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.