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 developmental disability, defined as a mental or physical impairment or a combination of mental and physical impairments other than a sole diagnosis of mental illness.
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 the department, state facilities, and community services boards (CSBs) and behavioral health authorities (BHAs). The nine citizen 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 department is authorized by Chapters 5 (§ 37.2-500 et seq.) and 6 (§ 37.2-601 et seq.) of Title 37.2 of the Code of Virginia to fund and contract with CSBs and BHAs, respectively, for the purposes of establishing, maintaining, and promoting the development of comprehensive mental health, developmental, and substance abuse services within a continuum of care .
The board is authorized by § 37.2-203 of the Code of Virginia to adopt regulations that establish the qualifications, education, and experience of individuals as peer recovery specialists. The board is required to ensure that the department develops specific goals and objectives for the delivery of services to individuals with mental illness, developmental disabilities, or substance use disorders by community services boards and behavioral health authorities that are consistent with the purposes set forth in §§ 37.2-508 and 37.2-608 of the Code of Virginia and that would enable the board to advise the governor, commissioner, and General Assembly on matters related to community behavioral health and developmental services; and to monitor the department's performance regarding its regular, ongoing monitoring of the compliance of community services boards and behavioral health authorities with the performance contract requirements set forth in §§ 37.2-508 and 37.2-608 of the Code of Virginia and to make recommendations, as applicable, to the department regarding improvement of such monitoring activities.
The department is responsible for the administration, planning, and regulation of substance abuse services in the Commonwealth and for reviewing and commenting on all applications for state or federal funds or services to be used in substance abuse programs. The department develops and acts as the sole state agency for planning, coordinating, and evaluating the comprehensive interagency state plan for substance abuse services. See §§ 37.2-309, 37.2-310, and 37.2-311 of the Code of Virginia. The department is required by § 37.2-312 of the Code of Virginia to provide for the education and training of school-age individuals in state facilities, and it is required by § 37.2-314 of the Code of Virginia to conduct background checks on individuals that the department hires in state facilities. The department is required to establish a comprehensive program for the prevention and treatment of problem gambling in the Commonwealth and to administer the Problem Gambling Treatment and Support Fund established pursuant to § 37.2-314.1 of the Code of Virginia. The department is required to establish and maintain the Problem Gambling Treatment and Support Advisory Committee to enable collaboration among prevention and treatment providers and operators of legal gaming in the Commonwealth on efforts to reduce the negative effects of problem gambling.
The department 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 it, and the department receives nonprivileged information and statistical data related to these regulations from public and private facilities and programs licensed or funded by it. 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 the department, any CSB or BHA, or any other facility or program operated, funded, or licensed by the department.
The department, 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.
The commissioner or the department is authorized by Article 1 (§ 37.2-700 et seq.) of Chapter 7 of Title 37.2 of the Code of Virginia to carry out responsibilities and functions related to the operation of state facilities, including establishing and operating geriatric units and hospitals for older adults; establishing and maintaining efficient, uniform recordkeeping systems; receiving and expending social security and other federal payments for individuals in state facilities; receiving private funds for individuals in state facilities; and exchanging information about individuals in state facilities with CSBs and BHAs. The department is authorized by Article 2 (§ 37.2-715 et seq.) of Chapter 7 of Title 37.2 of the Code of Virginia to collect expenses for the care, treatment, training, and maintenance of individuals in state facilities from those individuals, parties responsible for support of those individuals, or the estates of those individuals and depositing any funds it collects in the special revenue fund.
The department 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 the department 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.
The department, 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. The department is required to maintain a list of certified recovery residences on its website. A certified recovery residence seeking to be included on the certification list shall provide evidence of accreditation or certification by, a charter from, or membership in a credentialing entity and shall comply 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.
Finally, the department is authorized by Chapter 9 (§ 37.2-900 et seq.) of Title 37.2 of the Code of Virginia to operate a state facility for the rehabilitation of sexually violent predators.
The department operates under the supervision of the Secretary of Health and Human Resources. Regulations are available on the Virginia Regulatory Town Hall or from the Office of Regulatory Affairs in the Division of Compliance, Legislative, and Regulatory Affairs (CLRA), Jefferson Building, 1220 Bank Street, P.O. Box 1797, Richmond, VA 23218-1797. Internet address: http://www.dbhds.virginia.gov.
Rev. 07/2024