Agencies | Governor
Virginia Regulatory Town Hall
Agency
Department of Behavioral Health and Developmental Services
Board
State Board of Behavioral Health and Developmental Services


chapter
Rules and Regulations For Licensing Providers by the Department of Behavioral Health and Developmental Services [12 VAC 35 ‑ 105]
Guidance Documents
Chapter Information
Description Provides specific standards for licensing of organizations and facilities that provide behavioral health and developmental disability services.
State Authority Virginia Code Sections 37.2-100 and §§ 37.2-400 - 37.2-432.
Federal Authority None entered
Exempt from APA No, changes to this chapter are subject to the Administrative Process Act and the standard executive branch review process.
Text of Regulation Link to Virginia Administrative Code
Goals of Regulation To clearly articulate adequate health, safety, care and treatment requirements to assure that individuals receive safe and protected behavioral health and developmental disability services that are appropriate to their needs and levels of functioning.

To clearly articulate Department procedures and actions necessary to implement regulatory requirements with the least possible cost, intrusiveness to consumers, families, and provider organizations.

To provide clear and precise criteria for (a) determining mental health, developmental disability, and substance abuse program accountability and, program compliance with regulatory requirements, and (b) taking actions to enforce compliance.
Meetings See all meetings (12) relating to this chapter.

Contact Information
Name / Title: Emily Bowles  / Legal Coordinator, Office of Licensing
Address: 1220 Bank Street
P.O. Box 1797
Richmond, VA 23218
Email Address: emily.bowles@dbhds.virginia.gov
Telephone: (804)225-3281    FAX: (804)692-0066    TDD: (804)371-8977
Current Actions
Action Title Latest Stage Status
Provision of provider statement to any other provider Fast-Track Secretary of Health and Human Resources review in progress.
Allowing a grace period for documentation of ISPs Proposed Comment period is underway and will end on 03/20/2020.
Compliance with Virginia’s Settlement Agreement with US DOJ Proposed Stage complete. Comment period ended 01/10/2020.

Past Actions
Action Title Latest Stage Status
Add OTs, OTAs, and editing definitions of QMHP, QMRP, Paraprofessionals per Ch 136 and 418 (2017) Final Stage complete. This regulation became effective on 06/15/2019.
Adding 'Licensed Psychiatric/Mental Health Nurse Practitioner' to the Definition of LMHP Fast-Track Stage complete. This regulation became effective on 02/21/2019.
Add Licensed Behavior Analysts to the Definition of Licensed Mental Health Professional Fast-Track Stage complete. This regulation became effective on 11/29/2018.
Align language to Code for geographic exceptions for licensed providers of opiate addiction treatment Fast-Track Stage complete. This regulation became effective on 10/06/2017.
General revisions to clarify, update, simplify and align with current code provisions Final Stage complete. This regulation became effective on 12/07/2011.
Addition of provisions to issue an order of summary suspension of the license Final Stage complete. This regulation became effective on 02/20/2008.
Addition of provisions for licensing providers residential services for persons with brain injury and under the Brain Injury Waiver Final Stage complete. This regulation became effective on 02/22/2007.
Addition of standards to evaluate the need and appropriateness for the issuance of new licenses to certain providers in accordance with 2005 amendments to the Code of Virginia Final Stage complete. This regulation became effective on 07/10/2007.
Addition of standards to implement the provisions of Chapter 7 of the 2005 Virginia Acts of Assembly. Emergency Stage withdrawn on 10/18/2005 before DPB completed its review.
Incorporate provisions for licensing services funded through the Individual and Family Developmental Disabilities Support (IFDDS) Waiver. Final Stage complete. This regulation became effective on 09/18/2003.
Promulgate a new regulation to provide standards for licensing providers of mental health mental retardation and substance abuse services. Final Stage complete. This regulation became effective on 09/19/2002.

Withdrawn Actions
Action Title Latest Stage Status
Revisions to establish licensing fees NOIRA Stage withdrawn on 09/09/2015 after the comment period had ended.
CH 0105 New Section 45: Application Fees.

Past Periodic Reviews
Date Filed Status
10/11/2017 Amend
12/5/2012 Retain As Is
8/30/2006 Amend