Proposed Variances to the Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services (DBHDS) (12VAC35-115).

Notice of action: The Department of Behavioral Health and Developmental Services (DBHDS), in accordance with Part VI, Variances (12VAC35-115-220), of the Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services (12VAC35-115), hereafter referred to as the “Human Rights Regulations,” is announcing an opportunity for public comment on an application for proposed variances to the Human Rights Regulations submitted to the State Human Rights Committee (SHRC). The purpose of the regulations is to ensure and protect the legal and human rights of individuals receiving services in facilities or programs operated, licensed, or funded by DBHDS.

Each variance application references the specific part of these regulations to which a variance is needed, the proposed wording of the substitute rule or procedure, and the justification for a variance. Such application also describes time limits and other conditions for duration and the circumstances that will end the applicability of the variance. After considering all available information including comments, the SHRC intends to submit a written decision deferring, disapproving, modifying, or approving each variance application. All variances shall be approved for a specific time period. The decision and reasons for variance will be published in a later issue of this Register.

Purpose of notice: The SHRC is seeking comment on the application for a proposed new variance to the Human Rights Regulations for Recovery Innovations, also known as “RI” or “DBA RI International.”

Variance is requested to the following section:

12 VAC 35-115-110: Use of Seclusion, Restraint, and Time Out. Specifically, C 3 states, “Only residential facilities for children that are licensed under the Regulations for Children\\'s Residential Facilities (12VAC35-46) and inpatient hospitals may use seclusion and only in an emergency.”

Explanation: The RI International Chantilly Crisis Center is the first Crisis Now Facility in Virginia. Access to a seclusion room is standard in the Crisis Now Facility model, as part of a continuum of enhanced treatment tools. RI International reports that access to a seclusion room is a mandatory safety measure that is required to operate as a Crisis Now Facility and to be able to accept any individual who needs behavioral health crisis services regardless of their level of agitation or clinical symptoms. RI International requests a variance to allow use of a seclusion room to provide a “dignified clinically appropriate alternative approach to crisis management without the stigma associated with inpatient admission or criminalization.”

How to comment: The SHRC accepts written comments by email, fax, and postal mail. In order to be considered, comments must include the full name, address, and telephone number of the person commenting and be received by DBHDS, who will provide them to the SHRC, by the last day of the comment period. All information received is part of the public record.

To review a proposal: Variance applications and any supporting documentation may be obtained by contacting the DBHDS representative named below.

Contact Information: Taneika Goldman, Director, Office of Human Rights, Department of Behavioral Health and Developmental Services, 1220 East Bank Street, P.O. Box 1797, Richmond, VA 23218-1797, telephone (804) 786-3988, FAX (833) 734-1241, or email taneika.goldman@dbhds.virginia.gov.