Virginia Administrative Code - Title 12. Health - Agency 35. Department of Behavioral Health And Developmental Services

Agency 35. 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

Chapter 10

Public Participation Guidelines [Repealed]Read all

Section 10

[Repealed]

Chapter 11

Public Participation Guidelines [Repealed]Read all

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Public Participation GuidelinesRead all

Part I

Purpose and Definitions

Section 10

Purpose

Section 20

Definitions

Part II

Notification of Interested Persons

Section 30

Notification List

Section 40

Information to Be Sent to Persons on the Notification List

Section 45

Notification to Licensed Providers

Part III

Public Participation Procedures

Section 50

Public Comment

Section 60

Petition for Rulemaking

Section 70

Appointment of Regulatory Advisory Panel

Section 80

Appointment of Negotiated Rulemaking Panel

Section 90

Meetings

Section 100

Public Hearings on Regulations

Section 110

Periodic Review of Regulations

Chapter 20

Mandatory Standards for the Certification of First Offender Drug Abuse Diversion and Education Programs [Repealed]Read all

Section 10

[Repealed]

Chapter 30

Standards for Interdepartmental Regulation of Residential Facilities for Children [Repealed]Read all

Section 10

[Repealed]

Chapter 40

Mandatory Certification/Licensure Standards for Treatment Programs for Residential Facilities for Children [Repealed]Read all

Section 10

[Repealed]

Chapter 45

Regulations for Providers of Mental Health, Mental Retardation, Substance Abuse, and Brain Injury Residential Services for Children [Repealed]Read all

[Repealed]

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[Repealed]

Regulations for Children's Residential FacilitiesRead all

Part I

General Provisions

Section 10

Definitions

Section 20

Service Description and Applications; Required Elements

Section 30

The Investigation

Section 40

Review of Facilities

Section 50

Posting of Information

Section 60

General Requirements

Section 70

Resident's Rights

Section 80

Written Corrective Action Plans

Licenses

Application Fees

Modification

Denial

Revocation

Summary Suspension

Variances

Investigation of Complaints and Allegations

Part II

Administration

Section 170

Governing Body

Section 180

Responsibilities of the Provider

Section 190

Fiscal Accountability

Insurance

Fundraising

Weapons

Relationship to the Department

Section 240

Facilities Serving Persons over the Age of 17 Years

Section 250

Health Information

Section 260

Physical or Mental Health of Personnel

Section 270

Qualifications

Section 280

Job Descriptions

Section 290

Written Personnel Policies and Procedures

Personnel Records

Staff Development

Staff Supervision

The Applicant

The Chief Administrative Officer

Section 350

Program Director

Section 360

Case Manager

Section 370

Child Care Supervisor

Section 380

Child Care Staff

Section 390

Relief Staff

Section 395

Additional Requirements for Residential Facilities for Individuals with Brain Injury

Section 400

Volunteers and Student/Interns

Section 410

Support Functions

Part III

Residential Environment

Section 420

Buildings, Inspections and Building Plans

Section 430

Heating Systems, Ventilation, and Cooling Systems

Lighting

Plumbing

Toilet Facilities

Personal Necessities

Sleeping Areas

Smoking Prohibition

Residents' Privacy

Audio and Visual Recordings

Section 520

Living Rooms and Indoor Recreation Space

Section 530

Study Space

Section 540

Kitchen and Dining Areas

Laundry Areas

Storage

Staff Quarters

Office Space

Buiding and Grounds

Equipment and Furnishings

Section 610

Housekeeping and Maintenance

Section 620

Farm and Domestic Animals

Part IV

Programs and Services

Section 625

Minimum Service Requirements

Section 630

Acceptance of Children

Section 640

Admission Procedures

Section 650

Least Restrictive Programming

Section 660

Maintenance of Residents' Records

Section 670

Record Reviews

Section 680

Interestate Compact on the Placement of Children

Section 690

Participation of Residents in Human Research

Section 700

Emergency and Self-Admissions

Section 710

Application for Admission

Section 720

Written Placement Agreement

Section 730

Face Sheet

Section 740

Initial Objectives and Strategies

Section 750

Individualized Service Plans/Quarterly Reports

Section 760

Resident Transfer Between Residential Facilities Located in Virginia and Operated by the Same Sponsor

Section 765

Discharge

Section 770

Placement of Residents Outside the Facility

Section 780

Case Management Services

Section 790

Therapy

Section 800

Structured Program of Care

Section 810

Health Care Procedures

Section 820

Written Policies and Procedures for a Crisis or Clinical Emergency

Section 830

Documenting Crisis Intervention and Clinical Emergency Services

Section 840

Medical Examinations and Treatment

Section 850

Medication

Section 860

Nutrition

Section 870

Staff Supervision of Residents

Section 880

Emergency Telephone Numbers

Searches

Behavior Support

Timeout

Prohibitions

Pharmacological or Mechanical Restraints

Section 940

Behavior Interventions

Section 950

Seclusion

Section 960

Seclusion Room Requirements

Education

Religion

Recreation

Community Relationships

Section 1010

Clothing

Section 1020

Allowances and Spending Money

Section 1030

Work and Employment

Section 1040

Visitation at the Facility and to the Resident's Home

Section 1050

Resident Visitation at the Homes of Staff

Section 1060

Vehicles and Power Equipment

Section 1070

Serious Incident Reports

Section 1080

Suspected Child Abuse or Neglect

Section 1090

Grievance Procedures

Part V

Disaster or Emergency Planning

Section 1100

Disaster or Emergency Planning

Section 1110

Emergency and Evacuation Procedures

Part VI

Special Programs

Section 1120

Independent Living Programs

Section 1130

Mother/Baby Programs

Section 1140

Campsite Programs or Adventure Activities

Section 1150

(Reserved)

Section 1160

Clinically Managed, Medium-Intensity Residential ServicesLevel of Care 3.5Staff Criteria

Section 1170

Clinically Managed, Medium-Intensity Residential ServicesLevel of Care 3.5Program Criteria

Section 1180

Clinically Managed, Medium-Intensity Residential ServicesLevel of Care 3.5Admission Criteria

Section 1190

Clinically Managed, Medium-Intensity Residential ServicesLevel of Care 3.5Discharge Criteria

Section 1200

Clinically Managed, Medium-Intensity Residential ServicesLevel of Care 3.5Co-Occurring Enhanced Programs

Section 1210

Clinically Managed, Low-Intensity Residential ServicesLevel of Care 3.1Staff Criteria

Section 1220

Clinically Managed, Low-Intensity Residential ServicesLevel of Care 3.1Program Criteria

Section 1230

Clinically Managed, Low-Intensity Residential ServicesLevel of Care 3.1Admission Criteria

Section 1240

Clinically Managed, Low-Intensity Residential ServicesLevel of Care 3.1Discharge Criteria

Section 1250

Clinically Managed, Low-Intensity Residential ServicesLevel of Care 3.1Co-Occurring Enhanced Programs

Section 1260

Qualified Residential Treatment Programs

Section 1270

Additional Requirements for Qrtp Placements for Children within the Custody of Local Social Service Boards

DIBR

Documents Incorporated by Reference (12VAC35-46)

Chapter 50

Rules and Regulations for the Licensure of Private Psychiatric Hospitals [Repealed]Read all

Section 10

[Repealed]

Chapter 60

Rules and Regulations for the Licensure of Correctional Psychiatric Facilities [Repealed]Read all

Section 10

[Repealed]

Chapter 70

Rules and Regulations for the Licensure of Supported Residential Programs and Residential Respite Care/Emergency Services Facilities [Repealed]Read all

Section 10

[Repealed]

Chapter 80

Rules and Regulations for the Licensure of Outpatient Facilities [Repealed]Read all

Section 10

[Repealed]

Chapter 90

Rules and Regulations for the Licensure of Day Support Programs [Repealed]Read all

Section 10

[Repealed]

Chapter 100

Rules and Regulations for the Licensure of Residential Facilities [Repealed]Read all

Section 10

[Repealed]

Chapter 102

Rules and Regulations for the Licensure of Facilities and Providers of Mental Health, Mental Retardation and Substance Abuse [Repealed]Read all

Section 10

[Repealed]

Chapter 105

Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental ServicesRead all

Part I

General Provisions

Article 1

Authority and Applicability

Section 10

Authority and Applicability

Part II

Licensing Process

Article 2

Definitions

Section 20

Definitions

Section 30

Licenses

Section 40

Application Requirements

Issuance of Licenses

Modification

Onsite Reviews

Complaint Investigations

Section 90

Compliance

Section 100

Sanctions

Section 110

Denial, Revocation, or Suspension of a License

Section 115

Summary Suspension

Section 120

Variances

Section 130

Confidentiality of Records

Part III

Administrative Services

Article 1

Management and Administration

Section 140

License Availability

Section 150

Compliance with Applicable Laws, Regulations and Policies

Section 155

Preadmission-Screening, Discharge Planning, Involuntary Commitment, and Mandatory Outpatient Treatment Orders

Section 160

Reviews by the Department; Requests for Information; Required Reporting

Section 170

Corrective Action Plan

Section 180

Notification of Changes

Section 190

Operating Authority, Governing Body and Organizational Structure

Section 200

Appointment of Administrator

Section 210

Fiscal Accountability

Section 220

Indemnity Coverage

Section 230

Written Fee Schedule

Section 240

Policy on Funds of Individuals Receiving Services

Section 250

Deceptive or False Advertising

Article 2

Physical Environment

Section 260

Building Inspection and Classification

Section 265

Floor Plans

Section 270

Building Modifications

Section 280

Physical Environment

Section 290

Food Service Inspections

Section 300

Sewer and Water Inspections

Section 310

Weapons

Section 320

Fire Inspections

Section 325

Community Liaison

Article 3

Physical Environment of Residential and Inpatient Service Locations

Beds

Bedrooms

Condition of Beds

Privacy

Ratios of Toilets, Basins, and Showers or Baths

Section 380

Lighting

Article 4

Human Resources

Section 390

Confidentiality and Security of Personnel Records

Section 400

Criminal Background Checks and Registry Searches

Section 410

Job Description

Section 420

Qualifications of Employees or Contractors

Section 430

Employee or Contractor Personnel Records

Section 435

Provision of Provider Statement to Any Other Provider

Section 440

Orientation of New Employees, Contractors, Volunteers, and Students

Section 450

Employee Training and Development

Section 460

Emergency Medical or First Aid Training

Section 470

Notification of Policy Changes

Section 480

Employee or Contractor Performance Evaluation

Section 490

Written Grievance Policy

Section 500

Students and Volunteers

Section 510

Tuberculosis Screening

Article 5

Health and Safety Management

Section 520

Risk Management

Section 530

Emergency Preparedness and Response Plan

Section 540

Access to Telephone in Emergencies; Emergency Telephone Numbers

Section 550

First Aid Kit Accessible

Section 560

Operable Flashlights or Battery Lanterns

Part IV

Services and Supports

Article 1

Service Description and Staffing

Section 570

Mission Statement

Section 580

Service Description Requirements

Section 590

Provider Staffing Plan

Section 600

Nutrition

Section 610

Community Participation

Section 620

Monitoring and Evaluating Service Quality

Article 2

Screening, Admission, Assessment, Service Planning, and Orientation

Section 630

[Repealed]

Section 640

[Repealed]

Section 645

Initial Contacts, Screening, Admission, Assessment, Service Planning, Orientation and Discharge

Section 650

Assessment Policy

Section 660

Individualized Services Plan (Isp)

Section 665

Isp Requirements

Section 670

[Repealed]

Section 675

Reassessments and Isp Reviews

Section 680

Progress Notes or Other Documentation

Section 690

Orientation

Section 691

Transition of Individuals Among Service.

Section 693

Discharge

Article 3

Crisis Intervention and Emergencies

Section 700

Written Policies and Procedures for Crisis or Emergency Interventions; Required Elements

Section 710

Documenting Crisis Intervention and Emergency Services

Article 4

Medical Management

Section 720

Health Care Policy

Section 730

[Repealed]

Section 740

Physical Examination for Residential and Inpatient Services

Section 750

Emergency Medical Information

Section 760

Medical Equipment

Article 5

Medication Management Services

Section 770

Medication Management

Section 780

Medication Errors and Drug Reactions

Section 790

Medication Administration and Storage or Pharmacy Operation

Article 6

Behavior Interventions

Section 800

Policies and Procedures on Behavior Interventions and Supports

Section 810

Behavioral Treatment Plan

Section 820

Prohibited Actions

Section 830

Seclusion, Restraint, and Time Out

Section 840

Requirements for Seclusion Room

Section 850

[Repealed]

Section 860

[Repealed]

Part V

Records Management

Section 870

Paper and Electronic Records Management Policy

Section 880

Documentation Policy

Section 890

Individual's Service Record

Section 900

Record Storage and Security

Section 910

Retention of Individual's Service Records

Section 920

Review Process for Records

Part VI

Additional Requirements for Selected Services

Article 1

Medication Assisted Treatment (Opioid Treatment Services)

Section 925

Standards for the Evaluation of New Licenses for Providers of Services to Individuals with Opioid Addiction

Section 930

Registration, Certification, or Accreditation

Section 935

Criteria for Patient Admission

Section 940

Criteria for Involuntary Termination from Treatment

Section 945

Criteria for Patient Discharge

Section 950

Service Operation Schedule

Section 960

Initial and Periodic Assessment Services

Section 965

Special Services for Pregnant Individuals

Counseling Sessions

Drug Screens

Take-Home Medication

Preventing Duplication of Medication Services

Section 1010

Guests

Section 1020

Detoxification Prior to Involuntary Discharge

Section 1030

Opioid Agonist Medication Renewal

Section 1040

Emergency Preparedness Plan

Section 1050

Security of Opioid Agonist Medication Supplies

Article 2

Medically Managed Withdrawal Services

Section 1055

Description of Level of Care Provided

Section 1060

Cooperative Agreements with Community Agencies

Section 1070

Observation Area

Section 1080

Direct-Care Training for Providers of Detoxification Services

Section 1090

Minimum Number of Employees or Contractors on Duty

Section 1100

Documentation

Section 1110

Admission Assessments

Section 1120

Vital Signs

Section 1130

Light Snacks and Fluids

Article 3

Services in Department of Corrections Correctional Facilities

Section 1140

Clinical and Security Coordination

Section 1150

Other Requirements for Correctional Facilities

Article 4

Sponsored Residential Homes Services

Section 1160

Virginia Law

Administrative Code

Agency 35. Department of Behavioral Health And Developmental Services

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