STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES
Public Comment Opportunity for an Initial Draft of a New Crisis Services Chapter for 12VAC35-105, Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services
Background: In late 2017, the Department of Behavioral Health and Developmental Services (DBHDS) conducted a periodic review of the Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services (12VAC35-105) (Licensing Regulations). At the completion of that review, the department decided amendments to the regulation were needed. After researching other states and other agencies within Virginia, the Office of Licensing decided to split the regulation into several separate regulatory chapters, revising both the structure and the content.
In response to significant public comment, the structure will include one general chapter that will apply to all providers and five service specific chapters addressing residential, home/non-center based, center-based, case management, and crisis subjects. A listing of the chapters is included in this notice. This methodology allows DBHDS to write more detailed service specific regulations to assist providers in understanding exactly which regulatory provisions apply to their services.
In late 2019, the Office of Licensing published an initial draft of the general chapter for public comment and also held two regulatory advisory panel (RAP) meetings to receive technical assistance on the content of that initial draft. Since reviewing the public comments received and the feedback provided by the first RAP, DBHDS published a revised draft of the general chapter and also initial draft chapters for residential, center-based, home/non-center based, and case management services. A second RAP was convened for three meetings in the summer of 2023.
Drafts for Comment: DBHDS is releasing an initial draft of the chapter covering crisis services for public comment. This is the last of the newly structured service-specific chapters.
Public Comment Period begins January 29 and ends March 14, 2024.
The link to the initial draft of the chapter covering crisis is at the end of this notice. Feedback may be provided via the public comment forums for any of the draft chapters on the Virginia Regulatory Town Hall (www.townhall.virginia.gov) or by email, FAX, or postal mail to the contact provided at the end of this notice.
Next Steps: Upon receipt and consideration of comments to the initial draft of the crisis services chapter, revisions are expected. A package of all six chapters will be prepared for consideration of regulatory action by the State Board of Behavioral Health and Developmental Services. Note that because the overhaul is a very large project combining two current regulations into five service-specific chapters and a general chapter, all draft chapters must move forward together as one action.
Response to Periodic Review: Draft changes for the response to periodic review will be in a separate action and are not expected to take effect until two years after promulgation following the standard process, which takes an average of 18 months to two years to complete. These are only drafts at this time; no formal regulatory action has been filed.
Services by chapter:
Crisis services (initial draft)
Crisis receiving center
Community-based crisis stabilization
Crisis stabilization unit
REACH
Find the initial draft of the crisis services chapter at https://dbhds.virginia.gov/wp-content/uploads/2024/01/DBHDS.12VAC35-111.InitialDRAFT.CrisisChapter.2023.12.29.pdf. Find a draft and the information in this memo at https://dbhds.virginia.gov/quality-management/Office-of-Licensing.
Contact Information: Ruth Anne Walker, Director of Regulatory Affairs, Department of Behavioral and Developmental Services, Jefferson Building, 1220 Bank Street, 4th Floor, Richmond, VA 23219, telephone (804) 225-2252, FAX (804) 371-4609, or email ruthanne.walker@dbhds.virginia.gov.
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
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 renewal of existing 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 regulation 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 proposed renewal of existing variances to the Human Rights Regulations for the DBHDS Virginia Center for Behavioral Rehabilitation (VCBR).
Variance to Procedures for 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; and 12VAC35-115-210, State Human Rights Committee Appeals Procedures.
Explanation: Prior to 2010, VCBR followed the complaint process outlined in the Human Rights Regulations. As the census of the facility grew, the volume of complaints from residents overburdened the LHRC and became a treatment distraction for residents. The decision was made not to utilize a different LHRC for matters involving VCBR due to the volume. The modified resident complaint process provides a similar level of review to the regulation. This modified complaint process allows for a review of complaints at a formal and director level within the facility. The complaints coordinator of the facility meets with the resident at the formal level in an attempt to resolve the issue at hand. At the director level, the facility director or designee reviews the complaint and attempts to resolve the issue at hand. If the resident is not satisfied with the determination or actions by the facility, the resident may appeal the decision to the VCBR Complaints Appeal Committee. This Appeal Committee is comprised of two members of the SHRC and the Director of the DBHDS Office of Human Rights. Having the Appeal Committee ensures that there is still a process in place for a final review by individuals not affiliated with the facility.
Public comment period: January 29, 2024, through February 28, 2024.
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 by the last day of the comment period. DBHDS will provide all comments received to the SHRC. 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 listed.
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) 371-0064, FAX (833) 734-1241, or email taneika.goldman@dbhds.virginia.gov.
DEPARTMENT OF ENVIRONMENTAL QUALITY
Proposed Enforcement Action for the BVU Authority
The Virginia Department of Environmental Quality (DEQ) is proposing an amended enforcement action for the BVU Authority for violations of the State Water Control Law and regulations in the City of Bristol and Washington County. The proposed order is available from the DEQ contact listed or at https://www.deq.virginia.gov/permits/public-notices/enforcement-orders. The DEQ contact will accept comments by email or postal mail from January 29, 2024, through February 28, 2024.
Contact Information: Jonathan Chapman, Enforcement Specialist, Department of Environmental Quality, Southwest Regional Office, 355-A Deadmore Street, Abingdon, Virginia 24210, or email jonathan.chapman@deq.virginia.gov.
Public Meeting and Opportunity for Public Comment for a Cleanup Plan for Cedar Run, Mine Run, Mountain Run, and the Lower Rapidan River Basin in Orange County, Culpeper County, and Spotsylvania County
Purpose of Notice: The Department of Environmental Quality (DEQ) seeks public comment on the development of a cleanup plan for impaired waters, also known as an implementation plan (IP), for Cedar Run, Mine Run, Mountain Run, and the Lower Rapidan River Basin in Orange County, Culpeper County, and Spotsylvania County. These streams are listed as impaired since monitoring data indicates that the waters do not meet Virginia's water quality standards for bacteria. Section 303(d) of the Clean Water Act and subsection C of § 62.1-44.19:7 of the Code of Virginia requires DEQ to develop cleanup studies to address pollutants responsible for causing waters to be on Virginia's § 303(d) list of impaired waters. Once a cleanup study is developed, § 62.1-44.19:7 of the Code of Virginia outlines the requirements needed in a cleanup plan to address the pollutants contained in the study.
DEQ is developing a cleanup plan to identify the actions necessary to address the water quality impairment in Cedar Run, Mine Run, Mountain Run, and the Lower Rapidan River Basin watersheds. DEQ will introduce the community to the process used to develop the plan and invite the public to contribute to the plan by participating in IP community engagement meetings. Persons interested in participating should notify the DEQ contact person and provide name, address, telephone number, email address, and the organization being represented (if any). The proposed IP will explain the pollutant reductions needed to meet the targets contained in both the Bacteria Mountain Run and Mine Run TMDL (2005) and Bacteria TMDL for the Rapidan River Basin (2007). The plan will also recommend a specific set of voluntary best management practices for agricultural lands, residential septic systems, pet waste, and urban practices to reduce bacteria from entering area streams. It will also include associated costs and a timeline of the expected achievement of water quality objectives.
Cleanup Plan Location: The cleanup plan addresses the following impaired stream segments for bacteria impairments:
Black Walnut Run, which begins at the Route 621 crossing and continues downstream until the confluence with Mine Run (6.48 mi.);
Brook Run, which begins at the confluence with an unnamed tributary to Brook Run at Route 647 and continues downstream until the confluence with the Rapidan River (2.51 mi.);
Cabin Branch, which begins at the perennial headwaters of Cabin Branch and continues downstream to the confluence with Cedar Run (3.19 mi.);
Cedar Run, which begins at the confluence with Cabin Branch and continues downstream until the confluence with the Rapidan River (2.26 mi.);
Cedar Run, which begins at the confluence with Buck Run and continues downstream until the confluence with Cabin Branch (3.54 mi.);
Mine Run, which begins at the confluence with Cormack Run, approximately 0.6 rivermile upstream of Route 20, and continues downstream until the confluence with the Rapidan River (10.50 mi.);
Mountain Run, which begins at the confluence with Mill Run, approximately 0.25 rivermile downstream of Route 617, and continues downstream until the confluence with Mine Run (10.11 mi.);
Mountain Run, which begins at the headwaters of Mountain Run and continues downstream until the confluence with Mill Run (7.46 mi.);
Potato Run, which begins at the headwaters of Potato Run and continues downstream until the confluence with the Rapidan River (6.84 mi.);
Rapidan River, which begins at the confluence with an unnamed tributary to the Rapidan River at rivermile 34.5, approximately 0.6 rivermile downstream from Route 689, and continues downstream until the confluence with Cedar Run (4.66 mi.);
Rapidan River, which begins at the confluence with the Robinson River and continues downstream until the confluence with an unnamed tributary to the Rapidan River at rivermile 36.6 (3.40 mi.);
Rapidan River, which begins at the confluence with Wilderness Run at rivermile 7.78 and continues downstream until the confluence with Middle Run (2.59 mi.);
Rapidan River, which begins at the boundary of the public water supply area, approximately 1.17 rivermiles upstream from the Route 3 crossing, and continues downstream to the confluence with Lick Branch (3.41 mi.);
Sumerduck Run, which begins at the confluence with Dry Run and continues downstream until the confluence with the Rapidan River (6.21 mi.); and
Wilderness Run, which begins at the confluence of North Wilderness Run and South Wilderness Run and continues downstream until the confluence with the Rapidan River (5.56 mi.).
Public Meeting: George Washington Carver Agricultural Research Center, 9432 North James Madison Highway, Rapidan, VA 22733 on February 21, 2024, at 6:30 p.m. In the event of inclement weather, the meeting will be held on February 28, 2024, at the same time and location.
Public Comment Period: February 21, 2024, to March 22, 2024.
How to Comment: DEQ accepts written comments by email or postal mail. All comments must be received by DEQ during the comment period. Submittals must include the name, organization represented (if any), mailing addresses, and telephone numbers of the commenter or requester.
Information about this plan will be posted throughout the development process at https://www.deq.virginia.gov/our-programs/water/water-quality/implementation/implementation-plans-under-development. For public comments, document requests, and additional information use the contact listed here.
Contact Information: Kaitlin King, Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, VA 23219, telephone (804) 338-2430, or email kaitlin.king@deq.virginia.gov.
VIRGINIA CODE COMMISSION
Notice to State Agencies
Contact Information: Mailing Address: Virginia Code Commission, General Assembly Building, 201 North Ninth Street, 4th 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.