TITLE 3. ALCOHOLIC BEVERAGE AND CANNABIS CONTROL
VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Virginia Alcoholic Beverage Control Authority conducted a periodic review and a small business impact review of 3VAC5-10, Procedural Rules for the Conduct of Hearings Before the Board and Its Hearing Officers; 3VAC5-30, Tied-House; and 3VAC5-60, Manufacturers and Wholesalers Operations and determined that these regulations should be amended. The proposed regulatory actions amending 3VAC5-10, 3VAC5-30, and 3VAC5-60, which are published in this issue of the Virginia Register, serve as the reports of findings.
TITLE 12. HEALTH
STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Behavioral Health and Developmental Services conducted a periodic review and a small business impact review of 12VAC35-260, Certified Recovery Residences, and determined that this regulation should be retained as is. The board is publishing its report of findings dated July 22, 2024, to support this decision.
12VAC35-260 was created through a fast-track action in March 2020 in compliance with Chapter 220 of the 2019 Acts of Assembly, which added a new section numbered § 37.2-431.1 in the Code of Virginia, creating an avenue for the certification of recovery residences through the Department of Behavioral Health and Developmental Services (DBHDS). That original regulatory action defined "recovery residences" and, as allowed by the enabling legislation, created a voluntary certification for residences that meet standards of credentialing entities specified by DBHDS. The two credentialing entities specified in the regulation are nationally recommended organizations that reportedly follow best practice standards for recovery.
No comments were received that warranted amendments at this time. Certain specific changes mentioned in the comments would require further action by the General Assembly. However, the board initiated a responding action to Chapter 30 of the 2024 Acts of Assembly through promulgation of an action on July 17, 2024, which requires any certified recovery residence in Virginia to report any death or serious injury that occurs in the recovery residence to DBHDS.
There is a continued need for the regulation due to the mandate from the General Assembly.
This regulation was developed through a stakeholder workgroup over a year and with broad community feedback that called for greater oversight for recovery housing in Virginia. It was kept very brief in order to be a basic structure without changing the peer-run model. The model for recovery residences is to be peer-run and unlicensed and to provide no treatment on site. DBHDS licensed facilities fall under very extensive service regulations for the health, safety, and welfare of individuals receiving services. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. This is the first periodic review of the regulation since it became effective. There have been no significant changes to technology, economic conditions, or other factors in the area affected by the regulation.
Contact Information: Ruth Anne Walker, Director of Regulatory Affairs, Department of Behavioral Health and Developmental Services, Jefferson Building, 1220 Bank Street, Fourth Floor, Richmond, VA 23219, telephone (804) 225-2252, FAX (804) 371-4609, TDD (804) 371-8977, or email ruthanne.walker@dbhds.virginia.gov.