TO:                 Providers Licensed by the Department of Behavioral Health and Developmental Services

SUBJECT:      Response to Periodic Review: ‘Overhaul’ of Licensing Regulations to Service Specific Chapters - Initial DRAFT of ‘Crisis Services Chapter’ Public Comment Forum

DATE:            January 5, 2024

Background

In late 2017, the Department of Behavioral Health and Developmental Services (DBHDS) conducted a periodic review of the Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services [12VAC35-105] (“Licensing Regulations”).  At the completion of that review, the department decided amendments to the regulations were needed.  After researching other states and other agencies within Virginia, the Office of Licensing decided to split the regulations into several separate regulatory chapters, revising both the structure and the content.

In response to significant public comment, the structure will include one overarching ‘General Chapter’ that will apply to all providers and five ‘service specific’ chapters: Residential, Home/Non-Center Based, Center-Based, Case Management, and Crisis.  Please see the attached listing of the chapters for more information.  This methodology allows DBHDS to write more detailed service specific regulations that will assist providers in understanding exactly which regulatory provisions apply to their services.

In late 2019, the Office of Licensing published an initial draft of the General Chapter for public comment and also held two regulatory advisory panel (RAP) meetings to receive technical assistance on the content of that initial draft.  Since reviewing the public comments received and the feedback provided by the first RAP, DBHDS published a revised draft of the General Chapter and also initial draft chapters for Residential, Center-based, Home/Noncenter-based, and Case Management services.  A second RAP was convened across three meetings in the summer of 2023.

Drafts for Comment

DBHDS is releasing an initial draft of the Crisis Services chapter for public comment.  This is the last of the newly structured service-specific chapters.

There will be a general notice for a 45-day public comment forum for the draft chapter open from January 29 – March 14, 2024.  The link to the initial draft of the Crisis Chapter is pasted below.  Please feel free to provide your feedback via the public comment forums for any of the draft chapters on Town Hall or by emailing Ruth Anne Walker, Regulatory Affairs Director, DBHDS Office of Regulatory Affairs, at ruthanne.walker@dbhds.virginia.gov.  Public comments may also be submitted by fax (804) 371-6638, or by hard copy mail to: Attn: Ruth Anne Walker, DBHDS, Jefferson Building, Room 411, 1220 Bank St., Richmond, VA 23219.  Should you have any questions you can direct them to Ruth Anne Walker.

Next Steps

Upon receipt and consideration of comments to the initial draft of the Crisis chapter, revisions are expected.  A package of all six chapters will be prepared for consideration of regulatory action by the State Board of BHDS.  Note that because the ‘overhaul’ is very large project combining two current regulations into a ‘five-legged stool with an umbrella chapter,’ all draft chapters must move forward together as one action.

Response to Periodic Review 

Draft changes for the response to periodic review will be in a separate action and are not expected to take effect until two years after promulgation following the standard process, which takes an average of 18 months to two years to complete.  These are only drafts at this time; no formal regulatory action has been filed.

Services by Chapter – INITIAL DRAFT Crisis Services Chapter   

• Crisis receiving center
• Community-based crisis stabilization
• Crisis stabilization unit
• REACH

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Link to Initial Draft NEW Crisis Services Chapter (111): https://dbhds.virginia.gov/wp-content/uploads/2024/01/DBHDS.12VAC35-111.InitialDRAFT.CrisisChapter.2023.12.29.pdf

The draft and the information in this memo are posted to: https://dbhds.virginia.gov/quality-management/Office-of-Licensing