Ms. Susan H. Puglisi

Regulatory Research Specialist

DBHDS Office of Regulatory Affairs

1220 Bank Street, 4th Floor South

Richmond, VA 23219

Dear Ms. Puglisi: 

Thank you for the opportunity to comment on the proposed regulations amending 12VAC35-105, Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Development Services (DBHDS) (amending 12VAC35-105-20 and adding 12VAC35-105-1830 through 12VAC35-105-1870). On behalf of the Stafford County Board of Supervisors (Board), I am writing to share our Board's comments. It is our understanding that the intent of these regulations is to explicitly incorporate this existing federal law into Virginia law. 

The Board offers the following comments:

• We believe the fast-tracking of these regulations should be stalled to allow for greater public comment, public engagement, and public education about the impact of, and the need for mobile medication assisted treatment in local communities. 

• We believe DBHDS should carefully consider its guidance for coordinating notice to local governing bodies to ensure localities have an opportunity for comment, similar to the process for DBHDS approval for providers seeking to operate a brick-and-mortar location. 

• We believe DBHDS should work with localities to identify planned service sites to ensure compliance with local zoning laws and regulations, to document compliance, and to identify any potential problems or concerns. 

• We appreciate the physical security and record-keeping measures DBHDS intends to require as part of the implementation of these regulations. The Board believes DBHDS should also consider a notification process to ensure local law enforcement and fire, rescue, and emergency services departments are aware of when mobile MAT services are provided to ensure appropriate emergency response when necessary. 

• We encourage DBHDS, in publishing its planned implementation requirements, to ensure they are published in a publicly available manner which ensures that providers and localities are aware of them prior to undertaking any planning to offer mobile services. 

The Board appreciates the conversations DBHDS has had with the Virginia Association of Counties (VACo) and offer our support for their comments. We appreciate your efforts and stand ready to assist in any way possible throughout this endeavor. 

Sincerely, 

Meg Bohmke

Chairwoman, Stafford County Board of Supervisors

Falmouth District