Administrative Code

Virginia Administrative Code
9/29/2022

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.

"Certified recovery residence" means a recovery residence that has been certified by a credentialing entity and is on the certification list maintained by DBHDS.

"Credentialing entity" means a nonprofit organization that develops and administers professional certification programs according to nationally recognized recovery housing standards.

"DBHDS" means the Virginia Department of Behavioral Health and Developmental Services.

"Recovery residence" means a housing facility that (i) 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 (ii) 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.

12VAC35-260-20. Recovery residence.

Any person, nonprofit organization, or business entity seeking to operate a certified recovery residence under this chapter shall for each location (i) meet the qualifications, policies, and practices established by a credentialing entity and (ii) be certified or accredited by or hold a charter from one of the following credentialing entities:

1. The Virginia Association of Recovery Residences; or

2. Oxford House.

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.

12VAC35-260-30. List of certified recovery residences.

A. DBHDS shall maintain a list of certified recovery residences on its website.

B. A certified recovery residence seeking to be included on the certification list shall submit a completed application on a form provided by DBHDS.

C. 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 listed in 12VAC35-260-20.

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.

12VAC35-260-40. Restrictions and violations.

A. No person shall advertise, represent, or otherwise imply to the public that a recovery residence or other housing facility is a certified recovery residence unless such recovery residence or other housing facility has been placed on the certification list by DBHDS in accordance with this chapter.

B. Any recovery residence that fails to maintain accreditation or certification by, a charter from, or membership in a credentialing entity as required by this chapter shall be removed from the certification list.

C. 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.

FORMS (12VAC35-260).

Application for Inclusion on the DBHDS Recovery Residences Certification List, Office of Recovery Service Form (eff. 3/2020)

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