STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

Proposed 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 (DBHDS)

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 an opportunity for public comment on an application for proposed variances to the Human Rights Regulations submitted to the State Human Rights Committee (SHRC). The purpose of the regulation 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 variance will be published in a later issue of the Virginia Register of Regulations.

Purpose of notice: The SHRC is seeking comment on the application for a proposed new variance to the Human Rights Regulations for Recovery Innovations, also known as "RI" or "DBA RI International."

Variance is requested to the following section:

12VAC35-115-110: Use of Seclusion, Restraint, and Time Out. Specifically, 12VAC35-115-110 C 3 states, "Only residential facilities for children that are licensed under the Regulations for Children's Residential Facilities (12VAC35-46) and inpatient hospitals may use seclusion and only in an emergency."

Explanation: The RI International Chantilly Crisis Center is the first Crisis Now Facility in Virginia. Access to a seclusion room is standard in the Crisis Now Facility model, as part of a continuum of enhanced treatment tools. RI International reports that access to a seclusion room is a mandatory safety measure that is required to operate as a Crisis Now Facility and to be able to accept any individual who needs behavioral health crisis services regardless of an individual's level of agitation or clinical symptoms. RI International requests a variance to allow use of a seclusion room to provide a "dignified clinically appropriate alternative approach to crisis management without the stigma associated with inpatient admission or criminalization."

How to comment: The SHRC 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, who will provide them to the SHRC, by the last day of the comment period. All information received is part of the public record.

To review a proposal: Variance applications and any supporting documentation may be obtained by contacting the DBHDS representative named in this notice.

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.

BOARD FOR CONTRACTORS

Opportunity for Public Comment on Removal of Exam Fee Cap from Regulations

The Board for Contractors previously filed a Notice of Intended Regulatory Action for the Board for Contractors Regulations (18VAC50-22) and the Individual License and Certification Regulations (18VAC50-30). The intent of the two regulatory actions is to review the current fee cap for examinations.

The Board for Contractors requests specific comments regarding three examination fee cap options:

1. Leave the fee cap as it is currently.

2. Raise the fee cap.

3. Remove the fee cap from the regulations.

Summary: In the process of negotiating a contract with the board's exam vendor, the board determined the cap on exam fees was problematic when attempting to expand exam services to include multiple languages. The board currently adheres to the provisions of the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia), and the agency believes that amending the regulations to remove the cap and allow the contracts to be negotiated within the provisions of the act without the cap will allow for expanded services. These services include additional language services and remote proctoring. Other boards housed at the Department of Professional and Occupations Regulation have amended their regulations to include this provision.

Purpose: This regulatory change will remove a price cap that has been in place since 1995. By removing the cap, the board is allowing the Virginia Public Procurement Act to function as designed, ensuring that all contract negotiations and implementations are done in accordance with the law.

The comment period being made available via this general notice begins December 19, 2022, and ends on January 18, 2022.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to the agency contact listed.

A public hearing will be held following the publication of the proposed stage of these regulatory actions.

Contact Information: Marjorie King, Regulatory Board Administrator, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, FAX (866) 430-1033, or email contractor@dpor.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Proposed Enforcement Action for PineView of Virginia LLC

An enforcement action has been proposed for PineView of Virginia LLC for violations of State Water Control Law and regulations at PineView Grocery and Deli located in Ruther Glen, Virginia. The proposed consent order is available from the Department of Environmental Quality (DEQ) contact listed or at www.deq.virginia.gov/permits-regulations/public-notices. The DEQ contact will accept written comments from December 19, 2022, to January 18, 2023.

Contact Information: Holly Shupe, Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, or email holly.shupe@deq.virgnia.gov.

FORENSIC SCIENCE BOARD

Additional Approved Field Tests for the Detection of Drugs

In accordance with 6VAC40-30, 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 detection of drugs have been added to the list of approved field tests:

MISTRAL SECURITY, INC.

7910 WOODMONT AVENUE

SUITE 820

BETHESDA, MD 20814

These field tests are additions to the list of approved field tests previously published by the Department of Forensic Science in the General Notices of 32:13 VA.R. 2057-2067 February 22, 2016.

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, or email amy.jenkins@dfs.virginia.gov.

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Draft Mental Health Services Provider Manual Chapter II

The draft Mental Health Services Provider Manual Chapter II is now available on the Department of Medical Assistance Services website at https://www.dmas.virginia.gov/for-providers/general-information/medicaid-provider-manual-drafts/ for public comment until December 29, 2022. Definitions specific to mental health services are being moved to Appendix A. Staff requirements and other provider requirements specific to mental health services are being moved to Chapter IV. Service specific provider information related to intensive in-home (IIH), therapeutic day treatment (TDT), psychosocial rehabilitation (PSR), and mental health skill-building services (MHSS) was deleted as this information will be contained in Appendix H. Service specific provider information related to mental health case management (MHCM) and treatment foster care case management (TFC-CM) was deleted as this information will be contained in Appendix I.

Contact Information: Emily McClellan, Regulatory Manager, Division of Policy and Research, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680.

Draft Mental Health Services Provider Manual Chapter IV

The draft Mental Health Services Provider Manual Chapter IV and Appendices A, H, and I 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/ for public comment until December 22, 2022.

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, FAX (804) 786-1680, or email meredith.lee@dmas.virginia.gov.

Draft Hospital Provider Manual Chapter II

The draft Hospital Provider Manual Chapter II is now available on the Department of Medical Assistance Services website at https://www.dmas.virginia.gov/.

Contact Information: Emily McClellan, Regulatory Manager, Division of Policy and Research, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680.

Draft Rehabilitation Services Provider Manual Chapter II

The draft Rehabilitation Services Provider Manual Chapter II is now available on the Department of Medical Assistance Services website at https://www.dmas.virginia.gov/.

Contact Information: Emily McClellan, Regulatory Manager, Division of Policy and Research, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680.

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.