TITLE 12. HEALTH

STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

Initial Agency Notice

Title of Regulation: 12VAC35-115. Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services.

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

Name of Petitioner: Steven Shoon.

Nature of Petitioner's Request: The petitioner requests that the State Board of Behavioral Health and Developmental Services amend 12VAC35-115-30, 12VAC35-115-260, and 12VAC35-115-270 to establish the Office of Human Rights as independent of the Commissioner of the Department of Behavioral Health and Developmental Services.

According to the petitioner:

"This proposed regulation is to define the Office of Human Rights under 12VAC35-115-30 of the Virginia Administrative Code. The setup for the Office of Human Rights should be outlined under 12VAC35-115-270; and the Office of Human Rights should be removed from under the auspices of the Commissioner and placed under the auspices of the State Human Rights Committee (SHRC). Under 12VAC35-115-260, the administrative provision should be established that the Commissioner does not have any legal authority over the Office of Human Rights and the Office of Human Rights is independent of the Commissioner. There is a clear conflict of interest in the Commissioner having legal authority over the Office of Human Rights."

Agency Plan for Disposition of Request: The petition for rulemaking will be published in the Virginia Register of Regulations on October 5, 2026. The petition will also be posted on the Virginia Regulatory Town Hall at www.townhall.virginia.gov to receive public comment. The public comment period opens October 5, 2026, and closes October 26, 2026.

The board will consider the petition and all comments at its subsequent regular meeting, which is currently scheduled for December 9, 2026. The petitioner will be notified of the board's decision no later than 14 days after that meeting.

Public Comment Deadline: October 26, 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, TDD (804) 371-8977, or email susan.puglisi@dbhds.virginia.gov.

VA.R. Doc. No. PFR27-02; Filed September 15, 2026, 12:07 p.m.