Notice is hereby given that the State Board of Behavioral Health and Developmental Services is extending the public comment period regarding the Notice of Intended Regulatory Action published in 29:8 VA.R. 1358-1359 December 17, 2012. In accordance with § 2.2-4007.01 of the Code of Virginia, the board noticed that it intended 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 so that the regulations will 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.

The agency intends 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: March 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 margaret.walsh@dbhds.virginia.gov.