Agency 35. Department of Behavioral Health And Developmental Services
- Preface
VAC AGENCY NO. 35
DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICESAGENCY 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
- Section 10
- [Repealed]
- Section 15
- [Repealed]
- Section 20
- [Repealed]
- Section 30
- [Repealed]
- Section 40
- [Repealed]
- Section 50
- [Repealed]
- Section 60
- [Repealed]
- Section 70
- [Repealed]
- Section 80
- [Repealed]
- Section 90
- [Repealed]
- Section 100
- [Repealed]
- Section 110
- [Repealed]
- Chapter 12
- 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
- Section 10
- [Repealed]
- Section 20
- [Repealed]
- Section 25
- [Repealed]
- Section 30
- [Repealed]
- Section 40
- [Repealed]
- Section 50
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- Section 60
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- Section 70
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- Section 80
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- Section 90
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- Section 100
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- Section 110
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- Section 120
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- Section 130
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- Section 140
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- Section 150
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- Section 160
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- Section 170
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- Section 180
- [Repealed]
- Section 190
- [Repealed]
- Section 200
- [Repealed]
- Section 210
- [Repealed]
- Chapter 46
- 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
- Section 90
- Licenses
- Section 100
- Application Fees
- Section 110
- Modification
- Section 120
- Denial
- Section 130
- Revocation
- Section 140
- Summary Suspension
- Section 150
- Variances
- Section 160
- Investigation of Complaints and Allegations
- Part II
- Administration
- Section 170
- Governing Body
- Section 180
- Responsibilities of the Provider
- Section 190
- Fiscal Accountability
- Section 200
- Insurance
- Section 210
- Fundraising
- Section 220
- Weapons
- Section 230
- 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
- Section 300
- Personnel Records
- Section 310
- Staff Development
- Section 320
- Staff Supervision
- Section 330
- The Applicant
- Section 340
- 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
- Section 440
- Lighting
- Section 450
- Plumbing
- Section 460
- Toilet Facilities
- Section 470
- Personal Necessities
- Section 480
- Sleeping Areas
- Section 490
- Smoking Prohibition
- Section 500
- Residents' Privacy
- Section 510
- Audio and Visual Recordings
- Section 520
- Living Rooms and Indoor Recreation Space
- Section 530
- Study Space
- Section 540
- Kitchen and Dining Areas
- Section 550
- Laundry Areas
- Section 560
- Storage
- Section 570
- Staff Quarters
- Section 580
- Office Space
- Section 590
- Buiding and Grounds
- Section 600
- 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
- Section 890
- Searches
- Section 900
- Behavior Support
- Section 910
- Timeout
- Section 920
- Prohibitions
- Section 930
- Pharmacological or Mechanical Restraints
- Section 940
- Behavior Interventions
- Section 950
- Seclusion
- Section 960
- Seclusion Room Requirements
- Section 970
- Education
- Section 980
- Religion
- Section 990
- Recreation
- Section 1000
- 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
- Section 50
- Issuance of Licenses
- Section 60
- Modification
- Section 70
- Onsite Reviews
- Section 80
- 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
- Section 330
- Beds
- Section 340
- Bedrooms
- Section 350
- Condition of Beds
- Section 360
- Privacy
- Section 370
- 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
- Section 970
- Counseling Sessions
- Section 980
- Drug Screens
- Section 990
- Take-Home Medication
- Section 1000
- 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
- Sponsored Residential Home Information
- Section 1170
- Sponsored Residential Home Agreements
- Section 1180
- Sponsor Qualification and Approval Process
- Section 1190
- Sponsored Residential Home Service Policies
- Section 1200
- Supervision
- Section 1210
- Sponsored Residential Home Service Records
- Section 1220
- Regulations Pertaining to Staff
- Section 1230
- Maximum Number of Beds or Occupants in Sponsored Residential Home
- Section 1235
- Sponsored Residential Home Services for Children
- Article 5
- Case Management Services
- Section 1240
- Service Requirements for Providers of Case Management Services
- Section 1245
- Case Management Direct Assessments
- Section 1250
- Qualifications of Case Management Employees or Contractors
- Section 1255
- Case Manager Choice
- Article 6
- Community Gero-Psychiatric Residential Services
- Section 1260
- Admission Criteria
- Section 1270
- Physical Environment Requirements of Community Gero-Psychiatric Residential Services
- Section 1280
- Monitoring
- Section 1290
- Service Requirements for Providers of Gero-Psychiatric Residential Services
- Section 1300
- Staffing Requirements for Community Gero-Psychiatric Residential Services
- Section 1310
- Interdisciplinary Services Planning Team
- Section 1320
- Employee or Contractor Qualifications and Training
- Section 1330
- Medical Director
- Section 1340
- Physician Services and Medical Care
- Section 1350
- Pharmacy Services for Providers of Community Gero-Psychiatric Residential Services
- Article 7
- Assertive Community Treatment Service (ACT)
- Section 1360
- Admission and Discharge Criteria
- Section 1370
- Treatment Team and Staffing Plan
- Section 1380
- Contacts
- Section 1390
- Act Service Daily Operation and Progress Notes
- Section 1400
- Act Assessment
- Section 1410
- Service Requirements
- Section 1420
- (Reserved.)
- Part VII
- Addition Medicine Service Requirements
- Article 1
- Medically Managed Intensive Inpatient Level of care 4.0
- Section 1430
- Medically Managed Intensive Inpatient Level of Care 4.0 Staff Criteria
- Section 1440
- Medically Managed Intensive Inpatient Level of Care 4.0 Program Criteria
- Section 1450
- Medically Managed Intensive Inpatient Level of Care 4.0 Admission Criteria
- Section 1460
- Medically Managed Intensive Inpatient Level of Care 4.0 Discharge Criteria
- Article 2
- Medically Monitored Intensive Inpatient Services Level of care 3.7
- Section 1470
- Medically Managed Intensive Inpatient Level of Care 4.0 Co-Occurring Enhanced Programs
- Section 1480
- Medically Monitored Intensive Inpatient Services Level of Care 3.7 Staff Criteria
- Section 1490
- Medically Monitored Intensive Inpatient Services Level of Care 3.7 Program Criteria
- Section 1500
- Medically Monitored Intensive Inpatient Level of Care 3.7 Admission Criteria
- Section 1510
- Medically Monitored Intensive InpatientLevel of Care 3.7Discharge Criteria
- Section 1520
- Medically Monitored Intensive InpatientLevel of Care 3.7Co-Occurring Enhanced Programs
- Article 3
- Clinically Managed High-Intensity Residential Services Level of care 3.5
- Section 1530
- Clinically Managed High-Intensity Residential ServicesLevel of Care 3.5 Staff Criteria
- Section 1540
- Clinically Managed High-Intensity Residential ServicesLevel of Care 3.5Program Criteria
- Section 1550
- Clinically Managed High-Intensity Residential ServicesLevel of Care 3.5Admission Criteria
- Section 1560
- Clinically Managed High-Intensity Residential ServicesLevel of Care 3.5Discharge Criteria
- Section 1570
- Clinically Managed High-Intensity Residential ServicesLevel of Care 3.5Co-Occurring Enhanced Programs
- Article 4
- Clinically Managed Population-Specific High Intensity Residential Services Level of care 3.3
- Section 1580
- Clinically Managed Population-Specific High-Intensity Residential ServicesLevel of Care 3.3Staff Criteria
- Section 1590
- Clinically Managed Population-Specific High-Intensity Residential ServicesLevel of Care 3.3Program Criteria
- Section 1600
- Clinically Managed Population-Specific High-Intensity Residential ServicesLevel of Care 3.3Admission Criteria
- Section 1610
- Clinically Managed Population-Specific High-Intensity Residential ServicesLevel of Care 3.3Discharge Criteria
- Section 1620
- Clinically Managed Population-Specific High-Intensity Residential ServicesLevel of Care 3.3Co-Occurring Enhanced Programs
- Article 5
- Clinically Managed Low-Intensity Residential Services Level of care 3.1
- Section 1630
- Clinically Managed Low-Intensity Residential ServicesLevel of Care 3.1Staff Criteria
- Section 1640
- Clinically Managed Low-Intensity Residential ServicesLevel of Care 3.1Program Criteria
- Section 1650
- Clinically Managed Low-Intensity Residential ServicesLevel of Care 3.1Admission Criteria
- Section 1660
- Clinically Managed Low-Intensity Residential ServicesLevel of Care 3.1Discharge Criteria
- Section 1670
- Clinically Managed Low-Intensity Residential ServicesLevel of Care 3.1Co-Occurring Enhanced Programs
- Article 6
- Partial Hospitalization Level of care 2.5
- Section 1680
- Substance Abuse Partial Hospitalization Services Level of Care 2.5 Staff Criteria
- Section 1690
- Substance Abuse Partial Hospitalization Services Level of Care 2.5 Program Criteria
- Section 1700
- Substance Abuse Partial Hospitalization Level of Care 2.5 Admission Criteria
- Section 1710
- Substance Abuse Partial HospitalizationLevel of Care 2.5Discharge Criteria
- Section 1720
- Substance Abuse Partial HospitalizationLevel of Care 2.5Co-Occurring Enhanced Programs
- Article 7
- Intensive Outpatient Services Level of care 2.1
- Section 1730
- Substance Abuse Intensive Outpatient ServicesLevel of Care 2.1Staff Criteria
- Section 1740
- Substance Abuse Intensive Outpatient ServicesLevel of Care 2.1Program Criteria
- Section 1750
- Substance Abuse Intensive Outpatient ServicesLevel of Care 2.1Admission Criteria
- Section 1760
- Substance Abuse Intensive Outpatient ServicesLevel of Care 2.1Discharge Criteria
- Section 1770
- Substance Abuse Intensive Outpatient ServicesLevel of Care 2.1Co-Occurring Enhanced Programs
- Article 8
- Substance Abuse Outpatient Services Level of care 1.0
- Section 1780
- Substance Abuse Outpatient ServicesLevel of Care 1.0Staff Criteria
- Section 1790
- Substance Abuse Outpatient Services Level of Care 1.0Program Criteria
- Section 1800
- Substance Abuse Outpatient Services Level of Care 1.0Admission Criteria
- Section 1810
- Substance Abuse Outpatient ServicesLevel of Care 1.0Discharge Criteria
- Section 1820
- Substance Abuse Outpatient ServicesLevel of Care 1.0Co-Occurring Enhanced Programs
- Part VIII
- Crisis Services
- Section 1830
- Applicability of Part
- Section 1840
- Staffing
- Section 1850
- Crisis Assessment
- Section 1860
- Safety Plans and Crisis Individualized Services Plans
- Section 1870
- Safety Plan and Crisis Isp Requirements
- Section 1880
- Crisis Discharge Planning
- Section 1890
- Nursing Assessment
- Section 1900
- Vital Signs for Crisis Services
- Section 1910
- Beds or Recliners for Crisis Services
- Section 1920
- Bedrooms for Crisis Services
- Section 1930
- Physical Environment for Crisis Services
- Section 1940
- Seclusion
- Section 1950
- Seclusion Room Requirements
- FORMS
- Forms (12VAC35-105)
- DIBR
- Documents Incorporated by Reference (12VAC35-105)
- Chapter 110
- Rules and Regulations to Assure the Rights of Residents of Facilities Operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services [Repealed]Read all
- Section 10
- [Repealed]
- Chapter 115
- Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental ServicesRead all
- Part I
- General Provisions
- Section 10
- Authority and Applicability
- Section 20
- Policy
- Section 30
- Definitions
- Part II
- Assurance of Rights
- Section 40
- Assurance of Rights
- Part III
- Explanation of Individual Rights and Provider Duties
- Section 50
- Dignity
- Section 60
- Services
- Section 70
- Participation in Decision Making and Consent
- Section 80
- Confidentiality
- Section 90
- Access to and Amendment of Services Records
- Section 100
- Restrictions on Freedoms of Everyday Life
- Section 105
- Behavioral Treatment Plans
- Section 110
- Use of Seclusion, Restraint, and Time Out
- Section 120
- Work
- Section 130
- Research
- Section 140
- [Repealed]
- Part IV
- Substitute Decision Making
- Section 145
- Determination of Capacity to Give Consent or Authorization
- Section 146
- Authorized Representatives
- Part V
- Complaint Resolution, Hearing, and Appeal Procedures
- Section 150
- General Provisions
- Section 160
- [Repealed]
- Section 170
- [Repealed]
- Section 175
- Human Rights Complaint Process
- Section 180
- Local Human Rights Committee Hearing and Review Procedures
- Section 190
- Special Procedures for Emergency Hearings by the Lhrc
- Section 200
- Special Procedures for Lhrc Reviews Involving Consent and Authorization
- Section 210
- State Human Rights Committee Appeals Procedures
- Part VI
- Variances
- Section 220
- Variances
- Part VII
- Reporting Requirements
- Section 230
- Provider Requirements for Reporting
- Part VIII
- Enforcement and Sanctions
- Section 240
- Human Rights Enforcement and Sanctions
- Part IX
- Responsibilities and Duties
- Section 250
- [Repealed]
- Section 260
- Provider and Department Responsibilities
- Section 270
- State Human Rights Committee and Local Human Rights Committees Responsibilities
- Chapter 120
- Rules and Regulations to Assure the Rights of Patients of Psychiatric Hospitals and Other Psychiatric Facilities Licensed by the Department of Mental Health, Mental Retardation and Substance Abuse Services [Repealed]Read all
- Section 10
- [Repealed]
- Chapter 130
- Rules and Regulations to Assure the Rights of Clients in Community Programs [Repealed]Read all
- Section 10
- [Repealed]
- Chapter 140
- Mandatory Standards for Community Mental Health Programs [Repealed]Read all
- Section 10
- [Repealed]
- Chapter 150
- Mandatory Standards for Community Mental Retardation Programs [Repealed]Read all
- Section 10
- [Repealed]
- Chapter 160
- Mandatory Standards for Community Substance Abuse Programs [Repealed]Read all
- Section 10
- [Repealed]
- Chapter 170
- Regulations for Certification of Case Management [Repealed]Read all
- Section 10
- [Repealed]
- Chapter 180
- Regulations to Ensure the Protection of Subjects in Human ResearchRead all
- Section 10
- Definitions
- Section 20
- [Repealed]
- Section 30
- Applicability
- Section 40
- Policy
- Section 50
- Affiliation with a Research Review Committee
- Section 60
- Composition of Research Review Committees
- Section 70
- Elements of Each Committee's Review Process
- Section 80
- Kinds of Human Research Exempt from Committee Review
- Section 90
- Expedited Review Procedures for Certain Kinds of Human Research Involving No More Than Minimal Risk
- Section 100
- Informed Consent
- Section 110
- Committee Records
- Section 120
- Mandatory Reporting
- Section 130
- Role of the Department and Commissioner
- Section 140
- Applicability of State Policies
- Section 150
- Applicability of Federal Policies
- Chapter 190
- Regulations for Voluntary Admissions to State Training Centers [Repealed]Read all
- Section 10
- [Repealed]
- Section 20
- [Repealed]
- Section 21
- [Repealed]
- Section 30
- [Repealed]
- Section 40
- [Repealed]
- Section 41
- [Repealed]
- Section 50
- [Repealed]
- Section 51
- [Repealed]
- Chapter 200
- Regulations for Voluntary and Emergency Admission to State Training CentersRead all
- Section 10
- Definitions
- Section 20
- Requests for Admission
- Section 30
- [Repealed]
- Section 35
- Criteria for Admission
- Section 45
- Application for Admission
- Section 50
- Requests for Reconsideration of the Director's Determination
- Section 55
- Judicial Certification
- Chapter 210
- Regulations to Govern Temporary Leave from State FacilitiesRead all
- Section 10
- Applicability
- Section 20
- Definitions
- Section 30
- General Requirements for Temporary Leave
- Section 40
- Day Passes
- Section 50
- Trial Visits
- Section 60
- Home Visits
- Section 70
- Required Authorizations and Documentation
- Section 80
- Illness or Injury Occurring During a Day, Home, or Trial Visit
- Section 90
- Failure to Return to Training Centers
- Section 100
- Failure to Return to Hospitals
- Chapter 220
- Certification Requirements for Early Intervention Professionals, Early Intervention Specialists, and Early Intervention Case Managers [Repealed]Read all
- Section 10
- [Repealed]
- Section 20
- [Repealed]
- Section 30
- [Repealed]
- Section 35
- [Repealed]
- Section 40
- [Repealed]
- Section 50
- [Repealed]
- Section 60
- [Repealed]
- Section 70
- [Repealed]
- Section 80
- [Repealed]
- Section 90
- [Repealed]
- Section 100
- [Repealed]
- Chapter 225
- Requirements for Virginia Early Intervention SystemRead all
- Part I
- Authority and Definitions
- Section 10
- Authority
- Section 20
- Definitions
- Part II
- Virginia Early Intervention Services System
- Section 30
- Early Intervention Services Applicability, Availability, and Coordination
- Part III
- Referrals for Early Intervention Services and Supports
- Section 40
- Public Awareness and Child Identification and Referral
- Section 50
- Referrals to the Single Point of Entry
- Part IV
- Intake, Eligibility, and Assessment
- Section 60
- Intake
- Section 70
- Eligibility Criteria
- Section 80
- Evaluation for Eligibility Criteria
- Section 90
- Eligibility Determination Process
- Section 100
- Ineligibility for Early Intervention Services
- Section 110
- Assessment for Service Planning
- Part V
- Service Planning, Delivery, Transition, and Discharge
- Section 120
- Individualized Family Service Plan (Ifsp) Development
- Section 130
- Ifsp Approval and Selection of Service Providers
- Section 140
- Ifsp Periodic Review and Updates
- Section 150
- Annual Ifsp Review
- Section 160
- Physician Certification
- Section 170
- Service Delivery
- Section 180
- Service Documentation
- Section 190
- Transition
- Section 200
- Referral and Discharge
- Part VI
- Service Funding and Payment Systems
- Section 210
- Use of Part C Funds
- Section 220
- Services Provided at Public Expense
- Section 230
- System of Payments
- Section 240
- Use of Public Benefits or Public Insurance
- Section 250
- Use of Private Insurance
- Section 260
- Written Notification
- Section 270
- Billing and Collections of Family Fees, Public Benefits, and Insurance
- Section 280
- Provider Billing for Early Intervention Services
- Part VII
- Procedural Safeguards
- Section 290
- Notice of Rights and Procedural Protections
- Section 300
- Surrogate Parent Selection
- Section 310
- Prior Written Notice
- Section 320
- Parental Consents
- Section 330
- Early Intervention Records
- Section 340
- Confidentiality of Personally Identifiable Information
- Section 350
- Inspection and Review of Early Intervention Service Records
- Section 360
- Request to Amend Information in the Early Intervention Record
- Section 370
- Maintenance of Early Intervention Service Records
- Part VIII
- Dispute Resolution
- Section 380
- Notification of Complaint Resolution Options
- Section 390
- Mediation
- Section 400
- Due Process Hearing
- Section 410
- Administrative Complaint
- Section 420
- Appeal to the Department of Medical Assistance Services
- Part IX
- Early Intervention Practitioner Certification Requirements
- Section 430
- Certification Required for Early Intervention Professionals and Early Intervention Specialists
- Section 440
- Supervision Requirements
- Section 450
- Certification Required for Early Intervention Service Coordinators
- Section 460
- Initial Certification and Recertification Processes
- Section 470
- Notice of Decision on Application for Certification or Recertification
- Section 480
- Early Intervention Practitioner Database
- Section 490
- Restoration of Expired Certifications
- Section 500
- Termination of Certification
- Section 510
- Reconsideration of Decision to Deny or Terminate Certification
- Part X
- Comprehensive System of Personnel Development
- Section 520
- Comprehensive System of Personnel Development Requirements
- Part XI
- Lead Agency Oversight Responsibilities
- Section 530
- Lead Agency Monitoring and Supervision
- Section 540
- Data Collection and Reporting
- FORMS
- Forms (12VAC35-225)
- Chapter 230
- Operation of the Individual and Family Support ProgramRead all
- Section 10
- Definitions
- Section 20
- Program Description
- Section 30
- [Repealed]
- Section 31
- Community Coordination
- Section 35
- Program Eligibility Requirements and Policies
- Section 40
- [Repealed]
- Section 45
- Program Implementation
- Section 50
- [Repealed]
- Section 55
- Covered Services and Supports
- Section 60
- [Repealed]
- Section 65
- Application for Funding
- Section 70
- [Repealed]
- Section 75
- Reporting
- Section 80
- [Repealed]
- Section 85
- Funding Decision-Making Process
- Section 90
- Requests for Reconsideration
- Section 100
- Post-Funding Review
- Section 110
- Termination of Funding for Services, Supports, or Other Assistance
- FORMS
- Forms (12VAC35-230)
- Chapter 240
- Eugenics Sterilization Compensation ProgramRead all
- Section 10
- Definitions
- Section 20
- Eligibility Criteria
- Section 30
- Claims for Compensation
- Section 40
- Screening
- Section 50
- Review Panel
- Section 60
- Requests for Reconsideration
- Section 70
- Compensation
- FORMS
- Forms (12VAC35-240)
- Chapter 250
- Peer Recovery SpecialistsRead all
- Section 10
- Definitions
- Section 20
- Peer Recovery Specialist
- Section 30
- Qualifications
- Section 40
- Minimum Standards for Certifying Bodies
- Section 50
- Curriculum Requirements
- DIBR
- Documents Incorporated by Reference (12VAC35-250)
- Chapter 260
- Certified Recovery ResidencesRead all
- Section 10
- Definitions
- Section 20
- Recovery Residence
- Section 30
- List of Recovery Residences
- Section 40
- Disclosures,Restrictions,And Violations
- FORMS
- Forms (12VAC35-260)