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

General Notice
Public comment to be collected on seclusion and restraint pursuant to SB569
Date Posted: 5/16/2025
Expiration Date: 8/8/2025
Submitted to Registrar for publication: YES
84 Day Comment Forum is underway. Began on 5/16/2025 and will end on 8/8/2025   [3 comments]

“The Virginia Department of Behavioral Health and Developmental Services (DBHDS) is hosting a workgroup and reporting to the General Assembly on Seclusion and Restraint pursuant to SB569 (2024) (https://legacylis.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0795+pdf). SB569 directs DBHDS to propose additional regulations to allow for the use of (i) evidence-based and recovery-oriented seclusion and restraint practices and (ii) alternative behavior management practices that may limit or replace the use of seclusion and restraint in hospitals, residential programs, and licensed facilities. Seclusion means the involuntary placement of an individual alone in an area secured by a door that is locked or held shut by a staff person, by physically blocking the door, or by any other physical or verbal means, so that the individual cannot leave it (12VAC35-115-30). Restraint means the use of a mechanical device, medication, physical intervention, or hands-on hold to prevent an individual from moving his body to engage in a behavior that places him or others at imminent risk (12VAC35-115-30).

 

In developing such regulations, the work group shall (a) solicit input from experts in the field of behavioral health, persons with relevant lived experience with the Commonwealth\'s behavioral health system, and staff from both public and private providers; (b) review any data and other information made available by the Department regarding seclusion and restraint, serious incidents, and complaints and investigations regarding the misuse of seclusion and restraint; (c) review current regulations and training policies; (d) examine practices used in other states, best practice recommendations from the Substance Abuse and Mental Health Services Administration,  and evidence-based and trauma-informed practices recommended by other national experts; (e) identify practices and approaches that safely de-escalate persons in crisis and reduce or replace the use of seclusion and restraint; and (f) identify staffing, training, and monitoring practices related to seclusion and restraint and that limit and ensure the appropriate use of seclusion and restraint.

 

Public comments may be submitted in writing for workgroup consideration through 5pm Friday August 8, 2025. Workgroup meetings will also include a public comment period. Meeting information will be posted on Commonwealth Calendar. Your input will help DBHDS improve regulations, training, and oversight to better support service recipients and providers.”


Contact Information
Name / Title: Susan Puglisi  / Regulatory Research Specialist
Address: Jefferson Building
1220 Bank St., 4th Floor
Richmond, 23219
Email Address: susan.puglisi@dbhds.virginia.gov
Telephone: ()-    FAX: (804)371-6638    TDD: (804)371-8977