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 repealing 12VAC35-46, Regulations for Children's Residential Facilities, and 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 repeal these two chapters and replace them with a restructured approach to Department of Behavioral Health and Developmental Services (DBHDS) licensing regulation chapters.

In 2017, DBHDS conducted a periodic review of the licensing regulations. During that review, the Office of Regulatory Affairs extensively researched how other states structure licensing regulations. DBHDS also gathered information and comments for the new regulatory structure from internal subject matter experts, providers, and other state agencies with overlapping or associated regulatory authority. As a result of this research, DBHDS determined the licensing regulations should be broken into service-specific chapters. Therefore, DBHDS intends to propose to repeal the existing children's residential regulations and licensing regulations and replace them with one overarching general chapter applicable to all providers and five service-specific chapters. When applicable, the regulatory provisions from 12VAC35-46 and 12VAC35-105 will be pulled into the general chapter and the service-specific chapters and updated as appropriate.

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 37.2-304 of the Code of Virginia.

Public Comment Deadline: September 24, 2025.

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.

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 repealing 12VAC35-46, Regulations for Children's Residential Facilities, and 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 repeal these two chapters and replace them with a restructured approach to Department of Behavioral Health and Developmental Services (DBHDS) licensing regulation chapters.

In 2017, DBHDS conducted a periodic review of the licensing regulations. During that review, the Office of Regulatory Affairs extensively researched how other states structure licensing regulations. DBHDS also gathered information and comments for the new regulatory structure from internal subject matter experts, providers, and other state agencies with overlapping or associated regulatory authority. As a result of this research, DBHDS determined the licensing regulations should be broken into service-specific chapters. Therefore, DBHDS intends to propose to repeal the existing children's residential regulations and licensing regulations and replace them with one overarching general chapter applicable to all providers and five service-specific chapters. When applicable, the regulatory provisions from 12VAC35-46 and 12VAC35-105 will be pulled into the general chapter and the service-specific chapters and updated as appropriate.

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 37.2-304 of the Code of Virginia.

Public Comment Deadline: September 24, 2025.

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.

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 promulgating 12VAC35-278, Regulations for Crisis Services. The purpose of the proposed action, which is part of the restructuring of Department of Behavioral Health and Developmental Services licensing regulations, is to provide service-specific regulation of crisis services. This chapter will include provisions applying to the following services: (i) crisis receiving center, (ii) community-based crisis stabilization, (iii) crisis stabilization unit, and (iv) the regional education assessment crisis services habilitation (REACH) program.

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 37.2-304 of the Code of Virginia.

Public Comment Deadline: September 24, 2025.

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.

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 promulgating 12VAC35-270, General Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services. The purpose of the proposed action is to serve as the general provisions chapter for the restructure of the licensing regulations for the Department of Behavioral Health and Developmental Services (DBHDS).

In 2017, DBHDS conducted a periodic review of the licensing regulations. During that review, the Office of Regulatory Affairs extensively researched how other states structure licensing regulations. DBHDS also gathered information and comments for the new regulatory structure from internal subject matter experts, providers, and other state agencies with overlapping or associated regulatory authority. As a result of this research, DBHDS determined the licensing regulations should be broken into service-specific chapters. Therefore, DBHDS intends to propose to repeal the existing children's residential regulations and licensing regulations, Regulations for Children's Residential Facilities (12VAC35-46) and Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services (12VAC35-105), and replace them with one overarching general chapter applicable to all providers and five service-specific chapters. These proposed chapters will address the following DBHDS service licensing responsibilities: residential, noncenter-based, center-based, crisis, and case management. This methodology is intended to allow more detailed, service-specific regulations where appropriate and offer more clarity for providers regarding exactly which provisions of the licensing regulations apply to their services. This general chapter will include provisions applying to (i) administration, (ii) personnel, (iii) operational practices, (iv) risk management and quality improvement, (v) responsibilities to individuals, (vi) physical environment standards, and (vii) emergency preparedness.

The entirety of this restructuring action will move through the regulatory process together, and in whole, promulgate General Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services (12VAC35-270); Regulations for Residential and Inpatient Services (12VAC35-272); Regulations for Noncenter-Based Services (12VAC35-274); Regulations for Center-Based Services (12VAC35-276); Regulations for Crisis Services (12VAC35-278); and Regulations for Case Management Services (12VAC35-280). When applicable, the regulatory provisions from 12VAC35-46 and 12VAC35-105 have been pulled into this general chapter and the service-specific chapters and updated as appropriate. Each of these chapters will have a unique regulatory notice, proposed, and final stage provided in the Virginia Register. The Notices of Intended Regulatory Action for the service-specific chapters follow.

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 37.2-304 of the Code of Virginia.

Public Comment Deadline: September 24, 2025.

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.

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 promulgating 12VAC35-272, Regulations for Residential and Inpatient Services. The purpose of the proposed action, which is part of the restructuring of Department of Behavioral Health and Developmental Services licensing regulations, is to provide service-specific regulation of residential and inpatient services. This chapter will include provisions applying to the following services: (i) clinically managed high-intensity residential, (ii) clinically managed low-intensity residential, (iii) clinically managed population-specific high-intensity residential, (iv) community geriatric psychiatric residential, (v) group home, (vi) intermediate care facilities for individuals with intellectual disability, (vii) inpatient, (viii) medically managed intensive inpatient, (ix) medically monitored intensive inpatient, (x) respite residential, (xi) substance abuse residential treatment for women with children, (xii) sponsored residential homes; and (xiii) supervised living.

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 37.2-304 of the Code of Virginia.

Public Comment Deadline: September 24, 2025.

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.

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 promulgating 12VAC35-274, Regulations for Noncenter-Based Services. The purpose of the proposed action, which is part of the restructuring of Department of Behavioral Health and Developmental Services licensing regulations, is to provide service-specific regulation of noncenter-based services. This chapter will include provisions applying to the following services: (i) assertive community treatment, (ii) noncenter-based day support, (iii) intensive community treatment, (iv) functional family therapy, (v) intensive in-home, (vi) mental health skill building, (vii) multi-systemic therapy, (viii) home-based or noncenter-based respite care, (ix) supportive in-home, and (x) school-based therapeutic day treatment for children and adolescents.

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 37.2-304 of the Code of Virginia.

Public Comment Deadline: September 24, 2025.

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.

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 promulgating 12VAC35-276, Regulations for Center-Based Services. The purpose of the proposed action, which is part of the restructuring of Department of Behavioral Health and Developmental Services licensing regulations, is to provide service-specific regulation of center-based services. This chapter will include provisions applying to the following services: (i) center-based day support, (ii) mental health intensive outpatient, (iii) mental health outpatient, (iv) mental health partial hospitalization, (v) substance abuse partial hospitalization, (vi) psychosocial rehabilitation, (vii) substance abuse intensive outpatient, (viii) substance abuse outpatient, (ix) center-based therapeutic day treatment for children and adolescents, (x) center-based respite, and (xi) medication-assisted opioid treatment programs.

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 37.2-304 of the Code of Virginia.

Public Comment Deadline: September 24, 2025.

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.

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 promulgating 12VAC35-278, Regulations for Crisis Services. The purpose of the proposed action, which is part of the restructuring of Department of Behavioral Health and Developmental Services licensing regulations, is to provide service-specific regulation of crisis services. This chapter will include provisions applying to the following services: (i) crisis receiving center, (ii) community-based crisis stabilization, (iii) crisis stabilization unit, and (iv) the regional education assessment crisis services habilitation (REACH) program.

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 37.2-304 of the Code of Virginia.

Public Comment Deadline: September 24, 2025.

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.

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 promulgating 12VAC35-280, Regulations for Case Management Services. The purpose of the proposed action, which is part of the restructuring of Department of Behavioral Health and Developmental Services licensing regulations, is to provide service-specific regulation of case management services. This chapter will include provisions applying to the following aspects of case management: (i) service description and requirements, (ii) screening and assessment, (iii) individualized service plans, (iv) progress notes, (v) enhanced case management and case manager choice, and (vi) qualifications for employees or contractors.

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 37.2-304 of the Code of Virginia.

Public Comment Deadline: September 24, 2025.

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.

TITLE 13. HOUSING

BOARD OF HOUSING AND COMMUNITY DEVELOPMENT

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Housing and Community Development intends to consider amending 13VAC5-21, Virginia Certification Standards. The purpose of the proposed action is to update the Virginia Certification Standards (VCS) to coordinate with building code and fire code regulations of the Department of Housing and Community Development (DHCD). This action is to update the training and certification requirements for personnel performing enforcement activities under the building and fire regulations. The VCS will be updated as determined necessary by DHCD to coordinate with the building and fire regulations and ensure continued protection of public health, welfare, and safety.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 36-137 of the Code of Virginia.

Public Comment Deadline: December 2, 2025.

Agency Contact: Chase Sawyer, Policy and Legislative Services Manager, Department of Housing and Community Development, Main Street Centre, 600 East Main Street, Suite 300, Richmond, VA 23219, telephone (804) 310-5872, FAX (804) 371-7090, TDD (804) 371-7089, or email chase.sawyer@dhcd.virginia.gov.

TITLE 13. HOUSING

BOARD OF HOUSING AND COMMUNITY DEVELOPMENT

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Housing and Community Development intends to consider amending 13VAC5-95, Virginia Manufactured Home Safety Regulations. The purpose of the proposed action is to update the Virginia Manufactured Home Safety Regulations (MHSR) to align with federal Manufactured Home Construction and Safety Standards (MHCSS) and the Virginia Uniform Statewide Building Code (USBC). Through a cooperative agreement with the U.S. Department of Housing and Urban Development (HUD), the Virginia Department of Housing and Community Development (DHCD) serves as the state administrative agency (SAA) for enforcement of the HUD Manufactured Home Construction and Safety Standards (MHCSS) in Virginia and administers Virginia's HUD Approved Manufactured Home Installation Program. To ensure DHCD can meet the SAA requirements and fulfill the cooperative agreement with HUD, the MHSR must be updated to ensure conformance and alignment.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 36-85.7 of the Code of Virginia.

Public Comment Deadline: December 2, 2025.

Agency Contact: Chase Sawyer, Policy and Legislative Services Manager, Department of Housing and Community Development, Main Street Centre, 600 East Main Street, Suite 300, Richmond, VA 23219, telephone (804) 310-5872, FAX (804) 371-7090, TDD (804) 371-7089, or email chase.sawyer@dhcd.virginia.gov.