STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

State Human Rights Committee Decision on Variances to 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)

Notice of action: The Department of Behavioral Health and Developmental Services (DBHDS), in accordance with Part VI, Variances (12VAC35-115-220), 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 the "Human Rights Regulations," is announcing a decision on an application for variances to the Human Rights Regulations submitted to the State Human Rights Committee (SHRC). 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 the Human Rights 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, the SHRC intends to submit a written decision deferring, disapproving, modifying, or approving each variance application. All variances shall be approved for a specific time period. The decision and reasons for variances are described as follows:

Purpose of notice: After considering all available information, at its meeting on November 3, 2022, the SHRC voted to approve the application for variances to the Human Rights Regulations for DBHDS' Central State Hospital (CSH). Each variance was approved for a three-year period with quarterly reports to the local human rights committee (LHRC) and SHRC regarding the implemented variances.

I. Variance is requested to the following sections:

12VAC35-115-150, General Provisions

12VAC35-115-175, Human Rights Complaint Process

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

12VAC35-115-190, Special Procedures for Emergency Hearings by the LHRC

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

12VAC35-115-210, State Human Rights Committee Appeals Procedure

Explanation: The CSH variances allow alternative procedures for addressing complaints by individuals in maximum security when the individual is not satisfied with the director’s response so that the individual may appeal to the CSH Maximum Security Appeals Committee.

II. Variance requested to the following section:

12VAC35-115-100, Restrictions on Freedoms of Everyday Life, A 1 (c), "freedom to have and spend personal money."

Explanation: Individuals who are receiving hospitalization under the civil admissions process in the maximum security perimeter may not keep any form of money on their person. The CSH variance to this regulation allows nonforensic patients to purchase items in a canteen and from external providers; however, individuals may not have money on their person.

III. Variance requested to the following sections:

12VAC35-115-20 A 2, Policy, "Each individual who receives services shall be assured respect for basic human dignity."

12VAC35-115-50 C 3(a), Dignity, "each individual has the right to … reasonable privacy…."

Explanation: CSH cannot fulfill its duty to provide a safe environment for individuals who are high-risk in a secure forensic program through less intrusive means than routine "pat downs" of fully clothed individuals and proactive searches of individuals' bedroom areas. The CSH variance to this provision allows for routine pat downs of nonforensic individuals in secure programs before and after group movement: within a secure perimeter; anytime an individual leaves the secure perimeter; any time an individual has physical access to a visitor who is not an employee of CSH; and allows proactive routine searches of individuals' bedrooms to identify contraband or breaches of safety and security.

IV. Variance requested to the following sections:

12VAC35-115-50, Dignity:

C 6, "each individual has the right to… communicate privately with any person by mail and have help in writing and reading mail, as needed."

C 6 a, "An individual’s access to mail may be limited only if the provider has reasonable cause to believe that the mail contains illegal material or anything dangerous. If so, the director or his designee may open the mail, but not read it, in the presence of the individual."

C 7, "each individual has the right to… communicate privately with any person by telephone and have help in doing so."

C 7 a, "An individual’s access to the telephone may be limited only if, in the judgment of a licensed professional, communication with another person will result in demonstrable harm to the individual or significantly affect his treatment."

Explanation: The CSH variance to these provisions allows for staff to open but not read mail and packages in the presence of the individual in the maximum security program. CSH also seeks to restrict individuals in the maximum security forensic program from communicating with each other by mail or telephone.

Contact Information: Taneika Goldman, 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) 786-3988, FAX (833) 734-1241, or email taneika.goldman@dbhds.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Windsor PV1 LLC WITHDRAWAL of Notice of Intent for a Small Renewable Energy Project (Solar) – Isle of Wight County

Windsor PV1 LLC (applicant), has withdrawn its notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in Isle of Wight County, Virginia. The original notice of intent was published in the Virginia Register on November 11, 2019.

Contact Information: Susan Tripp, Department of Environmental Quality, 1111 East Main Street, Richmond, VA 23219, telephone (804) 664-3470, or email susan.tripp@deq.virginia.gov.

Windsor Solar Notice of Intent for Small Renewable Energy Project (Solar) - Isle of Wight County

Windsor PV1 LLC (the applicant) has provided the Department of Environmental Quality a notice of intent to submit the necessary document for a permit by rule for a small renewable energy project (solar) in Isle of Wight County. Windsor Solar will be located in south-central Isle of Wight County, approximately 0.5 mile to the west of the Town of Windsor. Centroid latitude and longitude coordinates are 36.810514, -76.785867.

The project will have a maximum generating capacity of 85 megawatts alternating current across approximately 1,388 acres. The solar modules will be constructed on a single-axis tracker.

Contact Information: Susan Tripp, Department of Environmental Quality, 1111 East Main Street, Richmond, VA 23219, telephone (804) 664-3470, or email susan.tripp@deq.virginia.gov.

The Virginia Department of Environmental Quality Announces the Availability of the 2021 Fish Tissue Monitoring Data

Background: The Virginia Department of Environmental Quality (DEQ) conducts routine studies of fish tissue and sediment samples in state waters to assess the human health risks for individuals who may consume fish from state waters and to identify impaired aquatic ecosystems. Results are made available to the public each year on the agency's website.

In 2021, DEQ collected fish tissue samples primarily from sites located in the watersheds of the James River, New River, Roanoke River, and Tennessee River. DEQ also conducted special fish tissue monitoring studies in the Dan River and in Lovills Creek Lake (Carroll County), and these data are also available. Samples were analyzed for polychlorinated biphenyls and a suite of 17 metals, including mercury.

2021 monitoring results are available on the agency's website at https://www.deq.virginia.gov/water/water-quality/monitoring/fish-tissue-monitoring.

Additional information: The Virginia Department of Health (VDH) uses the data generated by DEQ's fish tissue monitoring program to determine the need for fish consumption advisories. More information on VDH fish consumption advisories is available at https://www.vdh.virginia.gov/environmental-health/public-health-toxicology/fish-consumption-advisory/.

Contacts for more information: Questions on DEQ's fish tissue monitoring program can be directed to Rick Browder at richard.browder@deq.virginia.gov, or Gabriel Darkwah at gabriel.darkwah@deq.virginia.gov. Additional information is also available on the VADEQ Water Quality Monitoring website at https://www.deq.virginia.gov/water/water-quality/monitoring.

Contact Information: Gabriel Darkwah, Water Quality Monitoring Specialist, Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, VA 23218, telephone (804) 659-2656, or email gabriel.darkwah@deq.virginia.gov.

FORENSIC SCIENCE BOARD

Additional Approved Field Tests for the Detection of Drugs

In accordance with 6VAC40-30, the Regulations for the Approval of Field Tests for Detection of Drugs, and under the authority of the Code of Virginia, the following field tests for the detection of drugs have been added to the list of approved field tests:

DETECTACHEM, INC.

120 INDUSTRIAL BOULEVARD

SUGAR LAND, TX 77478

MobileDetect

These field tests are additions to the list of approved field tests previously published by the Department of Forensic Science in the General Notices/Errata Section of the 32:13 VA.R. 2057-2067 February 22, 2016. Please note the new address for the manufacturer.

Contact Information: Amy Jenkins, Department Counsel, Department of Forensic Science, 700 North 5th Street, Richmond, VA 23219, telephone (804) 786-6848, FAX (804) 786-6857.

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Draft Pharmacy Provider Manual

The draft Pharmacy Provider Manual Appendices D and E are now available on the Department of Medical Assistance Services website at https://www.dmas.virginia.gov/for-providers/general-information/medicaid-provider-manual-drafts/.

Contact Information: Meredith Lee, Policy, Regulations, and Manuals Supervisor, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-0552, or email meredith.lee@dmas.virginia.gov.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, Pocahontas Building, 900 East Main Street, 8th Floor, Richmond, VA 23219; Telephone: (804) 698-1810; 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 https://commonwealthcalendar.virginia.gov.

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.