12VAC35. Department of Behavioral Health And Developmental Services
VAC AGENCY NO. 35
DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES
AGENCY SUMMARY
The Department of Behavioral Health and Developmental Services (DBHDS) is authorized by Chapters 3 (§ 37.2-300 et seq.) and 7 (§ 37.2-700 et seq.) of Title 37.2 of the Code of Virginia to operate DBHDS hospitals, training centers, and other facilities (state facilities) for the evaluation, treatment, training, or habilitation of individuals with mental health or substance use disorders or a developmental disability.
The State Board of Behavioral Health and Developmental Services (board) is a policymaking body authorized by Chapter 2 (§ 37.2-200 et seq.) of Title 37.2 of the Code of Virginia to promulgate public policies or regulations for DBHDS, state facilities, and community services boards (CSBs) and behavioral health authorities (BHAs). The nine non-legislative members are appointed by the governor and confirmed by the General Assembly. The board appoints the State Human Rights Committee to address alleged violations of human rights of individuals receiving services.
The board is authorized by § 37.2-203 of the Code of Virginia to adopt regulations necessary to carry out the provisions of Title 37.2 and other laws administered by DBHDS, including regulations that establish the qualifications, education, and experience of individuals registered as peer recovery specialists by the Board of Counseling.
DBHDS is responsible for implementing the human rights regulations adopted by the board, pursuant to § 37.2-400 of the Code of Virginia, that assure the rights of individuals in hospitals, training centers, other facilities, and programs operated, funded, or licensed by the department. Section 37.2-402 of the Code of Virginia requires the board to adopt regulations to implement the provisions of Chapter 5.1 (§ 32.1-162.16 et seq.) of Title 32.1 for human research conducted or authorized by DBHDS, any CSB or BHA, or any other facility or program operated, funded, or licensed by the department.
DBHDS, subject to regulations adopted by the board, is authorized by Article 2 (§ 37.2-403 et seq.) of Chapter 4 of Title 37.2 of the Code of Virginia to license public and private providers of services that provide treatment, training, support, and habilitation to individuals who have mental illness, substance use disorders, or developmental disabilities; to individuals receiving services under the Medicaid Developmental Disabilities (DD) Waiver; or to individuals with brain injury receiving services in residential facilities. The commissioner of the department is authorized to impose sanctions on licensees and to summarily suspend licenses in certain circumstances. The board is required to adopt regulations governing advertising practices of any licensed provider and may adopt regulations specifying the maximum number of individuals to be served in any intermediate care facility for individuals with intellectual disabilities. The board shall adopt regulations to allow the department to assist and cooperate with other state departments in fulfilling their respective licensing and certification responsibilities.
DBHDS is authorized by § 37.2-807 of the Code of Virginia to provide emergency admissions to or respite care in its training centers, pursuant to regulations adopted by the board. It provides voluntary and involuntary treatment, training, or habilitation in its state facilities pursuant to Articles 2 (§ 37.2-805 et seq.) and 5 (§ 37.2-814 et seq.) of Chapter 8 of Title 37.2 of the Code of Virginia. Article 7 (§ 37.2-837 et seq.) of Chapter 8 of Title 37.2 of the Code of Virginia authorizes the department to discharge and place individuals from state facilities in community settings, transfer individuals among its facilities and to other facilities, and provide medications to individuals discharged from state facilities.
The Governor has designated DBHDS as the lead agency for early intervention services provided through Part C of the federal Individuals with Disabilities Education Act (20 USC § 1431 et seq.). The duties of the department, pursuant to Chapter 53 (§ 2.2-5300 et seq.) of Title 2.2 of the Code of Virginia, include promulgating regulations and adopting policies and procedures to implement an early intervention services system and ensure consistent and equitable access to such services in consultation with participating agencies; contracting with local lead agencies for implementation of the early intervention services system statewide; providing technical assistance to local early intervention systems; and establishing an interagency system of monitoring and supervising the early intervention system.
DBHDS, subject to regulations adopted by the board, is authorized to certify recovery residences (§ 37.2-431.1 of the Code of Virginia) that provide alcohol-free and illicit-drug-free housing to individuals with substance use disorders and individuals with co-occurring mental illnesses and substance use disorders and that do not include clinical treatment services.
Finally, DBHDS administers the Victims of Eugenics Sterilization Compensation Program in accordance with regulations adopted by the board.
DBHDS operates under the supervision of the Secretary of Health and Human Resources. Regulations are available on the Virginia Regulatory Town Hall at https://www.townhall.virginia.gov.
Rev. 07/2025