Chapter 260. Certified Recovery Residences
12VAC35-260-10. Definitions.
The following words and terms when used in this chapter shall have the following meanings, except when the context clearly indicated otherwise:
"Certification list" means the list of certified recovery residences maintained by DBHDS.
"Credentialing entity" means a nonprofit organization that develops and administers professional certification programs according to standards of the National Alliance for Recovery Residences or standards endorsed by Oxford House, Inc.
"DBHDS" means the Virginia Department of Behavioral Health and Developmental Services.
"Level of support" means the level of support and structure that a recovery residence provides to residents, as specified in the standards of the National Alliance for Recovery Residences.
"Recovery residence" means a housing facility that (i) is certified by DBHDS in accordance with this chapter; (ii) provides alcohol-free and illicit-drug-free housing to individuals with substance abuse disorders and individuals with co-occurring mental illnesses and substance abuse disorders and (iii) does not include clinical treatment services.
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.
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.
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.
12VAC35-260-30. List of recovery residences.
A. DBHDS shall maintain a list of recovery residences on its website.
B. DBHDS shall monitor recovery residences for regulatory compliance and shall consult with the credentialing entities to keep the list of recovery homes up to date.
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.
12VAC35-260-40. Disclosures, restrictions, and violations.
A. No person shall operate a recovery residence or advertise, represent, or otherwise imply to the public that a recovery residence or other housing facility is certified by DBHDS unless such recovery residence or other housing facility has received certification from DBHDS.
B. Any recovery residence that fails to maintain the requirements for certification by DBHDS as required by this chapter shall have the certification revoked and be removed from the certification list.
C. Every recovery residence shall disclose to each prospective resident its credentialing entity. If the credentialing entity is the National Alliance for Recovery Residences, the recovery residence shall disclose the level of support provided by the recovery residence. If the credentialing entity is Oxford House, Inc., the recovery residence shall disclose that the recovery residence is self-governed and unstaffed.
D. DBHDS may institute civil proceedings in the name of the Commonwealth to enjoin any person from violating the provisions of this chapter and to recover a civil penalty of at least $200 but no more than $1,000 for each violation. Such proceedings shall be brought in the general district or circuit court for the county or city in which the violation occurred or where the defendant resides. Civil penalties assessed under this section shall be paid into the Behavioral Health and Developmental Services Trust Fund established in § 37.2-318 of the Code of Virginia.
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.
Forms (12VAC35-260)
Application for a DBHDS Certified Recovery Residence, Office of Recovery Service Form (rev. 11/2024)