12/9/2009 3:44 pm Date / Time filed with the Register of Regulations | VA.R. Document Number: R____-______ |
Virginia Register Publication Information
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Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
X
Agency Decision
Promulgating Board: | State Board of Behavioral Health and Developmental Services |
Regulatory Coordinator: | Linda B. Grasewicz (804)786-0040 linda.grasewicz@dbhds.virginia.gov |
Agency Contact: | Wendy V. Brown Policy Analyst (804)225-2252 wendy.brown@co.dmhmrsas.virginia.gov |
Contact Address: | Department of Behavioral Health and Developmental Services Jefferson Bldg. 1220 Bank St., 12th Floor Richmond, VA 23219 |
Chapter Affected: | |
12 vac 35 - 115: | Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers of Mental Health, Mental Retardation and Substance Abuse Services |
Statutory Authority: |
State: Section 37.2-400 of the Code of Virginia Federal: |
Date Petition Received | 09/15/2009 |
Petitioner | Steven Shoon |
Regulation governing different legal statuses of inpatient hospitalization and their
discharge criteria, should repeal the provision requiring or allowing a "provider"
to wait until after 30 days from admission to inform the involuntarily, civilly committed
patients' of their right to seek discharge from the facility director and their right
to seek legal appeal of their civil commitment order to the Circuit Court pursuant
to ยง 37.2-830.
Agency Plan
The Board will consider the petition and any comments received at its regularly scheduled
meeting on December 8, 2009.
Publication Date | 10/12/2009 (comment period will also begin on this date) |
Comment End Date | 11/09/2009 |
Take no action
Agency Response Date | 12/08/2009 |
The Board determined that 12 VAC35-115-70 (B)(8)(b) neither requires nor allows a
provider to wait for 30 days after admission to notify the individual receiving services
of his right to appeal an order of involuntary commitment.