DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

Proposed Renewal of Variances to Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services (12VAC35-115)

Notice of action: The Department of Behavioral Health and Developmental Services (DBHDS), in accordance with Part VI - Variances (12VAC35-115-220 et seq.) of the Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services (12VAC35-115), hereafter referred to as "Human Rights Regulations," is announcing an opportunity for public comment on the applications for proposed renewal of existing variances to the Human Rights Regulations. The purpose of the regulations is to ensure and protect the legal and human rights of individuals receiving services in facilities or programs operated, licensed, or funded by DBHDS.

Each variance application references the specific part of these regulations to which a variance is needed, the proposed wording of the substitute rule or procedure, and the justification for a variance. Such application also describes time limits and other conditions for duration and the circumstances that will end the applicability of the variance. After considering all available information, including comments, DBHDS intends to submit a written decision deferring, disapproving, modifying, or approving each renewal application. All variances shall be approved for a specific time period. The decision and reasons for variance will be published in a later issue of the Virginia Register of Regulations.

Purpose of notice: DBHDS is seeking comment on the applications for proposed renewal of the following existing variances to the Human Rights Regulations at the DBHDS Virginia Center for Behavioral Health and Rehabilitation (VCBR).

Variance to complaint procedure:

The Human Rights Regulations provide a comprehensive complaint resolution process that includes access to a Local Human Rights Committee and the State Human Rights Committee (SHRC). VCBR Facility Instruction No. 202, Resident Complaint Resolutions, provides the procedures for addressing resident complaints. VCBR's variances to these regulations are reviewed by the SHRC at least annually with VCBR providing reports to the SHRC regarding the variance as requested.

• 12VAC35-115-50 D 3 e (5): Abuse, Neglect, and Exploitation

• 12VAC35-115-60 B 1 d: Services

• 12VAC35-115-140 A 2 and A 4: Complaints and Fair Hearing

• 12VAC35-115-150: General Provisions

• 12VAC35-115-170: Complaint Resolution Process

• 12VAC35-115-180: Local Human Rights Committee Hearing and Review Procedures

• 12VAC35-115-190: Special Procedures for Emergency Hearing by LHRC

• 12VAC35-115-200: Special Procedures for LHRC Reviews Involving Consent and Authorization

• 12VAC35-115-210: State Human Rights Committee Appeals Procedures

Variance for rooms within medical unit with no windows:

VCBR has four bedrooms in its medical unit that do not meet the requirement of this regulation.

• 12VAC35-115-50 C 3 d. Live in a humane, safe, sanitary environment that gives each individual, at a minimum, windows or skylights in all major areas used by individuals.

VCBR maintains established procedures for this variance. VCBR provides a monthly report to the SHRC on how many times rooms with no windows within the medical unit of VCBR are used during the previous month.

Variance for double bunking:

Following the mandate by the General Assembly (Chapter 890 of the 2011 Acts of Assembly), VCBR has implemented double-bunking (two individuals residing in a single room). For this reason, the regulation listed below is not applicable to VCBR.

• 12VAC35-115-50 C 3 a, C 3 e

a) Reasonable privacy and private storage space

e) Clean air, free of bad odors

VCBR Facility Instruction No. 124, Resident Housing Assignment, describes how residents' housing assignments are determined and shall substitute for these regulations. VCBR provides a monthly report to the SHRC on how many residents are double-bunked, complaints received by residents regarding double-bunking, and any medication sessions treatment staff hold with roommates to resolve concerns related to double-bunking.

Public comment period: February 9, 2015, through March 9, 2015.

Description of proposal: The proposed variance for renewal consists of a demonstration of compliance with the general requirements of Part VI - Variances (12VAC35-115-220 et seq.) of the Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services (12VAC35-115).

How to comment: DBHDS accepts written comments by email, fax, and postal mail. In order to be considered, comments must include the full name, address, and telephone number of the person commenting and be received by DBHDS by the last day of the comment period. All information received is part of the public record.

To review a proposal: The applications for variance and any supporting documents may be obtained by contacting the DBHDS representative named below.

Contact Information: Deborah Lochart, Director, Office of Human Rights, Department of Behavioral Health and Developmental Services, 1220 East Bank Street, P.O. Box 1797, Richmond, VA 23218-1797, telephone (804) 786-0032, FAX (804) 804-371-2308, or email deb.lochart@dbhds.virginia.gov.

STATE WATER CONTROL BOARD

Proposed Consent Order Bristow Development Corporation

An enforcement action has been proposed for the Bristow Development Corporation for violations of the State Water Control Law and regulations in Prince William County. The State Water Control Board proposes to issue an amended consent order resolving violations at the Bristow Manor Golf Course Wastewater Treatment Plant. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Daniel Burstein will accept comments by email at daniel.burstein@deq.virginia.gov, FAX at (703) 583-3821, or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from February 10, 2015, through March 12, 2015.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, General Assembly Building, 201 North 9th Street, 2nd Floor, Richmond, VA 23219; Telephone: Voice (804) 786-3591; FAX (804) 692-0625; Email: varegs@dls.virginia.gov.

Meeting Notices: Section 2.2-3707 C of the Code of Virginia requires state agencies to post meeting notices on their websites and on the Commonwealth Calendar at http://www.virginia.gov/connect/commonwealth-calendar.

Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed: A table listing regulation sections that have been amended, added, or repealed in the Virginia Register of Regulations since the regulations were originally published or last supplemented in the print version of the Virginia Administrative Code is available at http://register.dls.virginia.gov/documents/cumultab.pdf.

Filing Material for Publication in the Virginia Register of Regulations: Agencies use the Regulation Information System (RIS) to file regulations and related items for publication in the Virginia Register of Regulations. The Registrar's office works closely with the Department of Planning and Budget (DPB) to coordinate the system with the Virginia Regulatory Town Hall. RIS and Town Hall complement and enhance one another by sharing pertinent regulatory information.