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Virginia Administrative Code
Title 12. Health
Agency 35. Department of Behavioral Health And Developmental Services
Chapter 260. Certified Recovery Residences
1/21/2026

12VAC35-260-20. Recovery residence.

A. Any person, nonprofit organization, or business entity seeking to operate a recovery residence under this chapter shall for each location (i) meet the qualifications, policies, and practices of a credentialing entity and hold a credential, accreditation, or charter from the Virginia Association of Recovery Residences or Oxford House, Inc.; and (ii) be certified by DBHDS.

B. A recovery residence seeking to be certified by DBHDS shall:

1. Submit a completed application on a form provided by DBHDS;

2. Provide evidence of accreditation by a charter from or membership in a credentialing entity listed in this section; and

3. Provide evidence that the recovery residence complies with any minimum square footage requirements related to beds and sleeping rooms established by the credentialing entity or the square footage requirements set forth in § 36-105.4 of the Code of Virginia, whichever is greater.

C. Each recovery residence shall report the following information concerning deaths and serious injuries to DBHDS in a manner prescribed by DBHDS within 48 hours of discovery. All deaths that occur as a result of illness or injury occurring when the individual was in a recovery residence shall be reported regardless of the location where the death occurs. All reports of death and serious injuries shall include:

1. Date and place of the death or serious injury;

2. Nature of the injuries; and

3. Circumstances of the death or serious injury.

D. Notwithstanding the provisions of subsection B of this section, DBHDS may issue a six-month conditional certification to an applicant that has indicated an intent to receive accreditation by or membership in a credentialing entity.

1. The maximum term of a conditional certification issued under this subsection shall be six months.

2. At the discretion of DBHDS, a conditional certification may be renewed once, for a period not to exceed three months, if the recovery residence is not able to demonstrate compliance with all certification regulations but demonstrates progress toward compliance.

3. In no case shall the total period of conditional certification exceed nine successive months.

Statutory Authority

§§ 37.2-203 and 37.2-431.1 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 36, Issue 11, eff. March 7, 2020; Errata, 36:13 VA.R. 1967 February 17, 2020; amended, Virginia Register Volume 40, Issue 9, eff. February 1, 2024; Volume 42, Issue 1, eff. October 9, 2025; Volume 42, Issue 9, eff. January 14, 2026.

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