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
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New Periodic Review | This action will not be used to conduct a new periodic review. |
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 |