|5/3/2022 1:50 pm
Date / Time filed with the Register of Regulations
VA.R. Document Number: R____-______
Virginia Register Publication Information
Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
||State Board of Behavioral Health and Developmental Services
||Ruth Anne Walker
||Ruth Anne Walker
Director of Regulatory Affairs and Board Liaison
||Department of Behavioral Health and Developmental Services
1220 Bank St., 4th Floor
Richmond, VA 23219
|12 vac 35 - 105:
||Rules and Regulations For Licensing Providers by the Department of Behavioral Health
and Developmental Services
State: Virginia Code Sections 37.2-100 and §§ 37.2-400 - 37.2-432.
|Date Petition Received
||Willard Vaughn, MA, LPC, CTMH
REQUESTED CHANGE: To clarify and amend the training and certification requirements
Preadmission Screening Providers to allow for coordination of care with private providers
under the Marcus Alert Act.
This petition for rulemaking is brought to the State Board of Behavioral Health and
Developmental Services (DBHDS) under its legal authority to take the action requested
pursuant to VA Codes 37.2-203, 37.2-311.3, and 12VAC35-105-30. This petition for rulemaking
is filed in accordance with VA Code 2.2-4007 is to clarify and amend the Enhanced
Qualifications for Preadmission Screening Clinicians and expand its reach in the spirit
of public-private cooperation under the Marcus-David Peters Act.
The Department of Behavioral Health and Developmental Services first published a memorandum
explaining that the agency would be mandating enhanced qualifications for "Community
Services Boards and Behavioral Health Authorities evaluators who provide recommendations
and prepare preadmission screening reports..." on March 29, 2016. On July 1, 2016,
DBHDS published a document entitled Certification of Preadmission Screening Clinicians
which states in part [see https://dbhds.virginia.gov/behavioral-health/mental-health-services/protocols-and-procedures/]:
"Effective July 1, 2016, anyone conducting a preadmission screening evaluation pursuant
to requirements in the Code of Virginia must hold a valid certification from DBHDS
as a Certified Preadmission Prescreening Clinician...
Application for this certification must be submitted...using the designated forms
and approved before the individual may independently conduct preadmission screening
Upon submission and review of a completed application, DBHDS will issue a Certificate.
The certification will be valid for one or two years and must be renewed annually
or biannually as specified below. Recertification must be requested prior to the expiration
of a current certificate."
The document goes on to outline educational and precepting requirements, requirements
for supervision, the need for continuing education, and quality assurance practices.
DBHDS created these regulations presumably under statutory authority found in VA Code
37.2-203 and 37.2-404.
In 2021 the Marcus-David Peters Act was passed by the General Assembly and is codified
in VA Code 37.2-311.1 to 37.2-312. This law mandates that DBHDS take the lead in organizing
and implementing the tenants of the act including
"...The Department shall establish additional Marcus alert and community care teams...[and]
No later than July 1, 2026 all community services board and behavioral health authority
geographical areas shall have established Marcus alert system that uses a community
care or mobile crisis team"
‐VA Code 37.2-311.1(c)3
Which allows for DBHDS to explore the use of public-private partnerships to achieve
the mission set forth in the Marcus-David Peters Act. However, this is already provided
for in the Community Services Performance Contract that is completed between the department
and CSBs every two years under section twelve regarding contracting and subcontracting.
Until the passage of the Marcus Alert Act, this was under utilized for crisis intervention
services, even to the detriment of the population served by the particular Community
Finally, multiple code sections reference the requirement of an evaluation needing
to be completed by "The community services board or its designee"(emphasis added)
Now, having established that DBHDS has and exercised statutory authority to stipulate
the requirements necessary for an individual to become a Certified Preadmission Screening
Clinician, that DBHDS has the responsibility under the law to form public-private
partnerships for the good of the citizens of the Commonwealth, and that the law can
allow for such partnerships, the present author hereby requests the Enhanced Qualifications
for Preadmission Screening Clinicians be amended.
PETITION FOR RULE CHANGE
Page 1, Section 2 entitled "Enhanced Qualifications for Certified Preadmission Screening
Clinicians Beginning 01 July 2016
Present author requests that this section be amended to include a stipulation for
providers that are not employed directly by a Community Services Board and requests
that it read as follows:
Any licensed professional (LMHP), Qualified Mental Health Provider (QMHP), Certified
Substance Abuse Clinician (CSAC), or Certified Peer Specialist(CPS) that is not employed
directly by a Community Services Board may have their employer apply for certification
under these guidelines provided that the employer is licensed by DBHDS as a provider
of mobile crisis response, crisis stabilization, partial hospitalization, or is a
licensed psychiatric hospital, and has a signed written agreement with the regional
crisis hub that would serve their geographic location.
In addition, the employer must show that the individual has held a CPSC certification
within the past ten years and/or that they have completed all of the other requirements
set forth herein. Further, an agency that is not a Community Services Board but is
licensed as a provider of mobile crisis response, crisis stabilization, partial hospitalization,
or a licensed psychiatric hospital must have any employee desiring certification by
this standard supervised by an LMHP and have such an individual available 24/7 to
the perspective clinician regardless of their length of time serving in this capacity.
If certified, the individual will be considered a designee of the Community Services
Board that serves the area where the client is physically located during the time
of assessment, or that provides outpatient treatment to the client with all powers
granted under applicable law.
Amendments in General
Petitioner asks that any reference to "the Board", CSB, or Community Services Board
mentioned in the document be replaced by more neutral language such as "agency", "clinic",
The State Board will consider this petition at its next regular quarterly meeting
on July 13, 2022, at the DBHDS Central Office, Richmond, VA.
||05/23/2022 (comment period will also begin on this date)
|Comment End Date