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 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 add Article 8 (12VAC35-105-1412 through 12VAC35-105-1419), Recovery and Empowerment Center, containing new sections establishing Mental Health Clubhouse Services in Virginia, including (i) definitions necessary for the integration of recovery and empowerment centers (REC) into the licensing regulations; (ii) REC admission criteria; (iii) REC discharge criteria; (iv) minimum service delivery requirements for REC; (v) minimum requirements for REC staffing; and (vi) standards for REC physical environment. The amendments are mandated by Item 297 of Chapter 1 of the 2026 Acts of Assembly, Special Session I.

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 37.2-400 of the Code of Virginia.

Public Comment Deadline: November 18, 2026.

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.