Virginia Regulatory Town Hall
Agency
Department of Behavioral Health and Developmental Services
Board
State Board of Behavioral Health and Developmental Services
chapter
Rules and Regulations For Licensing Providers by the Department of Behavioral Health and Developmental Services [12 VAC 35 ‑ 105]
Action:
Amendments for Medication for Opioid Use Disorder (MOUD)
Action 6673
 
General Information
Action Summary Part 8 of Title 42 of the Code of Federal Regulations (CFR) includes the regulations that guide opioid treatment programs (OTPs), which initially took effect in 2001. The U.S. Department of Health and Human Services (HHS), through the Substance Abuse and Mental Health Services Administration (SAMHSA), revised these regulations and released the final rule in February 2024. The amendments updated the regulations with the intent to increase access to lifesaving, evidence-based medications for opioid use disorder (MOUD) and to advance treatment retention through the promotion of person-centered and compassionate interventions. The revised federal rules went into effect on April 2, 2024. This action amends the Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services (12VAC35-105) (the “Licensing Regulations”) to align with those federal changes where appropriate. Additionally, federal regulations grant flexibility to states in certain areas. In response to Virginia’s opioid crisis, this action utilized this latitude to incorporate three regulatory amendments recommended by the DBHDS clinical team that are slightly more stringent than required by the federal rule.
Chapters Affected Only affects this chapter.
Executive Branch Review This action will go through the normal Executive Branch Review process.
RIS Project Yes  [8150]
Is Federal action a driving factor in this regulatory change? If so, please provide a specific reference to the law, regulation or court case.
Part 8 of Title 42 of the Code of Federal Regulations
New Periodic Review This action will not be used to conduct a new periodic review.
 
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Contact Information
Name / Title: Susan H. Puglisi  / Regulatory Research Specialist
Address: DBHDS Office of Regulatory Affairs
1220 Bank Street, Room 411
Richmond, 23219
Email Address: susan.puglisi@dbhds.virginia.gov
Phone: ()-    FAX: (804)371-4609    TDD: (804)371-8977