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Virginia Regulatory Town Hall
Department of Behavioral Health and Developmental Services
State Board of Behavioral Health and Developmental Services
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8/23/22  12:28 pm
Commenter: Merakey Parkside Recovery

Initial Draft New Center Based Service Chapter
  • Include in service definition: Outpatient services shall not include practitioners who hold a license issued by a health regulatory board of the Department of Health Professions or who are exempt from licensing pursuant to 54.1-2901, 54.1-3001, 54.13501, 54.1-3601 and 54.1-3701 of the code of Virginia.
  • Remove general health care from SA OP (H). General health care is outside the scope of practice for a therapist. 
  • 12VAC35-109-40 A.2 g.  Screenings should capture basic information about the person's risk, medication ,etc.  Remove "including recent increase, decrease, discontinuation, etc.  
  • 12VAC35-109-50: Remove and possibly add to 109-40 all screening information shall be reviewed and updated as appropriate at the time of initial evaluation.  
  • 12VAC35-109-110- recommend removing  #2.  as it limits who can provide direct supervision in many programs to  license or license eligible persons as guidelines says can approve assessments and ISPs. 
    • L1. expand to include General Physicians and Physician Extenders
    • M3. remove provide and replace with coordinate with .........
  • 12VAC35-109-200 E.  Recommend that the entire section E ,aligns with Federal Guideline for OTP and addendums  to include the removal of :RN, program sponsor needing license or certified, regulating percentages of licensed, certified counselors, required security personal, etc. 
  • F.  ( not clear as to the meaning or intent) 
  • G ( remove change or loss of staff requires written notification and plan). Federal OTP guideline indicates the minimal staffing pattern.
  • H ( remove)
  • H4 ( remove caseload size for license and non licensed counselors).  Caseloads are determined by multiple factors to include but not limited to : client's level of intensity, centralized services,  type of service -primary,  follow-up, etc., client's time in treatment, etc. 
  • 12 VAC35-109-280 A. remove 1 hour minimum. 
    • A1. Remove every week for the first 6 months.  Replace with Federal OTP guidelines  ( twice monthly) first year.  Second year at least once monthly. 
  • 12VAC35-109-290 #2 remove weekly random drug screen- replace with Federal OTP guideline 8 per year and when clinically necessary
  • 12VAC35-109-400 #3-Revised to say ensure clients have appropriate contact crisis information outside of clinic's normal hours. 
  • 12VAC35-1090-440  services #4, 5,6 appears to be case management and care coordination functions. 







CommentID: 127404