RE: 18VAC115-60-130 proposed text, paragraph C.  In regards to patient records.

Presently the Virginia Department of Corrections (DOC) operates the Largest Substance Abuse Therapeutic Community in the Commonwealth (some 750 plus clients).  DOC requires that DOC or DOC contracted substance abuse counselors be certified by the Commonwealth.  Recently a petition for rule making was submitted to the Board of Corrections requesting a clarification to Title 6(VAC)15-31, section 270 Helath Records citing a well documented case whereby a client made a request for substance abuse clinical records IAW HIPAA and 32,1-127.1:03.   A year has passed and the client is still not in receipt of the records because according to the DOC Substance Abuse Director of the facility, there is confusion as to who the release authority is for the records.  Needless to say, DOC SACs are caught in the middle which jepordizes their creditation.  The Board of Corrections response to the petition was that according to 2.2-4002 (B)(9),  petition for rulemaking does not apply.  Since your intention is to provide consistency of standards of practice, recommend some provision be cited which either compells the Board of Corrections to promulgate a long overdue change or exempt SACs employed by DOC from compliance with public law.

Submitter

Mary E Venema, 100 Appomattox Court, Colonial Heights, Virginia  23834