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]
 
Guidance Documents
Chapter Information
Description Provides specific standards for licensing of organizations and facilities that provide behavioral health and developmental disability services.
State Authority Virginia Code Sections 37.2-100 and §§ 37.2-400 - 37.2-432.
Federal Authority None entered
Text of Regulation Link to Virginia Administrative Code
Goals of Regulation To clearly articulate adequate health, safety, care and treatment requirements to assure that individuals receive safe and protected behavioral health and developmental disability services that are appropriate to their needs and levels of functioning.

To clearly articulate Department procedures and actions necessary to implement regulatory requirements with the least possible cost, intrusiveness to consumers, families, and provider organizations.

To provide clear and precise criteria for (a) determining mental health, developmental disability, and substance abuse program accountability and, program compliance with regulatory requirements, and (b) taking actions to enforce compliance.
Meetings See all meetings (12) relating to this chapter.

Contact Information
Name / Title: Ruth Anne Walker  / Director of Regulatory Affairs
Address: Jefferson Bldg.
1220 Bank St., 4th Floor
Richmond, VA 23219
Email Address: ruthanne.walker@dbhds.virginia.gov
Telephone: (804)225-2252    FAX: (804)371-4609    TDD: (804)371-8977
Current Actions
Action Title Latest Stage Status
Noncontroversial Regulatory Reductions per ED1 Fast-Track DPB review in progress.
Valid discharge plans (Ch 808, 2024 Acts of Assembly) Fast-Track Attorney General review in progress.
Recently Added DBHDS Licensing Requirement regarding Negative Actions Fast-Track Attorney General review in progress.
Integration of the Final Federal Rule: Registration Requirements for Narcotic Treatment Programs with Mobile Components into the Licensing Regulations Fast-Track Stage complete. This regulation became effective on 12/05/2024.

Past Actions
Action Title Latest Stage Status
Amendments to ensure that licensing and human rights regulations support high-quality mental health services.
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 07/17/2024.
Amendments to align with enhanced behavioral health services Final Stage complete. This regulation became effective on 02/17/2023.
Amendments to align with ASAM criteria Final Stage complete. This regulation became effective on 02/17/2023.
Allowing a grace period for documentation of ISPs Final Stage complete. This regulation became effective on 03/04/2021.
Compliance with Virginia’s Settlement Agreement with US DOJ Final Stage complete. This regulation became effective on 08/01/2020.
Provision of provider statement to any other provider Fast-Track Stage complete. This regulation became effective on 10/30/2020.
Add OTs, OTAs, and editing definitions of QMHP, QMRP, Paraprofessionals per Ch 136 and 418 (2017) Final Stage complete. This regulation became effective on 06/15/2019.
Adding 'Licensed Psychiatric/Mental Health Nurse Practitioner' to the Definition of LMHP Fast-Track Stage complete. This regulation became effective on 02/21/2019.
Add Licensed Behavior Analysts to the Definition of Licensed Mental Health Professional Fast-Track Stage complete. This regulation became effective on 11/29/2018.
Align language to Code for geographic exceptions for licensed providers of opiate addiction treatment Fast-Track Stage complete. This regulation became effective on 10/06/2017.
General revisions to clarify, update, simplify and align with current code provisions Final Stage complete. This regulation became effective on 12/07/2011.
Addition of provisions to issue an order of summary suspension of the license Final Stage complete. This regulation became effective on 02/20/2008.
Addition of provisions for licensing providers residential services for persons with brain injury and under the Brain Injury Waiver Final Stage complete. This regulation became effective on 02/22/2007.
Addition of standards to evaluate the need and appropriateness for the issuance of new licenses to certain providers in accordance with 2005 amendments to the Code of Virginia Final Stage complete. This regulation became effective on 07/10/2007.
Addition of standards to implement the provisions of Chapter 7 of the 2005 Virginia Acts of Assembly. Emergency Stage withdrawn on 10/18/2005 before DPB completed its review.
Incorporate provisions for licensing services funded through the Individual and Family Developmental Disabilities Support (IFDDS) Waiver. Final Stage complete. This regulation became effective on 09/18/2003.
Promulgate a new regulation to provide standards for licensing providers of mental health mental retardation and substance abuse services. Final Stage complete. This regulation became effective on 09/19/2002.

Withdrawn Actions
Action Title Latest Stage Status
Recently Added DBHDS Licensing Requirement regarding Negative Actions
Fast-Track Stage withdrawn on 07/24/2024 before Attorney General's office completed its review.
Revisions to establish licensing fees NOIRA Stage withdrawn on 09/09/2015 after the comment period had ended.
CH 0105 New Section 45: Application Fees. Emergency/NOIRA Stage withdrawn on 09/09/2015 prior to submitting for AG review.

Periodic Reviews
Last Activity Status
2/22/2022 Agency Completed Amend
10/11/2017 Agency Completed Amend
5/3/2013 Agency Completed Retain As Is
8/30/2006 Agency Completed Amend