Vol. 29 Iss. 8 - December 17, 2012

Chapter 115
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 12VAC35-115, Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Development Services. The purpose of the proposed action is to revise the regulations to be simpler, easier to understand, and more user friendly. Additionally, the revisions to the regulations will eliminate duplicate or redundant activities. These actions will result in enhanced individual protections for individuals receiving services including those under the U.S. Department of Justice settlement agreement.

The board is seeking comments on this regulatory action, including but not limited to (i) ideas to be considered in the development of this proposal, (ii) the costs and benefits of the alternatives stated in the agency background document or other alternatives, and (iii) potential impacts of the regulation. The agency is also seeking information on impacts on small businesses as defined in § 2.2-4007.1 of the Code of Virginia. Information may include (i) projected reporting, recordkeeping, and other administrative costs; (ii) the probable effect of the regulation on affected small businesses; and (iii) the description of less intrusive or costly alternatives for achieving the purpose of the regulation.

Anyone wishing to submit comments may do so via the Virginia Regulatory Town Hall website (, or by mail, email, or fax to Margaret Walsh, State Human Rights Director. Written comments must include the name and address of the commenter. In order to be considered, comments must be received by midnight on the last day of the public comment period.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register and notice of the hearing will also be posted on the Virginia Regulatory Town Hall website and on the Commonwealth Calendar website ( Both oral and written comments may be submitted at that time.

Statutory Authority: §§ 37.2-203 and 37.2-400 of the Code of Virginia.

Public Comment Deadline: February 18, 2013.

Agency Contact: Margaret Walsh, Director, Office of Human Rights, Department of Behavioral Health and Developmental Services, Jefferson Building, 1220 Bank Street, 13th Floor, Richmond, VA 23219, telephone (804) 786-2008, FAX (804) 371-2308, or email

VA.R. Doc. No. R13-3502; Filed November 28, 2012, 10:02 a.m.