12VAC35-260-10 — Definitions (“Certification report” and “Corrective action plan”)

These definitions provide useful clarity on what to expect from the certification and corrective-action process. 

12VAC35-260-30(B) — List of recovery residences

We suggest stipulating that credentialing entities operating in Virginia proactively notify DBHDS of credentials issued. In addition, require DBHDS as the responsible agency to make all credentialing and certification/decertification and compliance-related data (if able to be released) available through a public open-data API so that this information is immediately available upon publishing. 

There has been a delay in keeping this list current. The requirement that DBHDS consult with credentialing entities to keep the list up to date is a welcome improvement, but maintaining the list may be challenging.

12VAC35-260-30(C) — Removal of decertified residences from the list

See comments on 12VAC 35-260-30(B) regarding data-sharing. Goal is for the locality to be notified of decertified residences as quickly as possible.

12VAC35-260-50(B)(1)(g) — Application: maximum number of residents

Suggest clarifying that the maximum number of resident occupants may be subject to local zoning requirements authorized pursuant to VA Code § 15.2-2291 (Assisted living facilities and group homes of eight or fewer; single-family residence).

12VAC35-260-50(B)(1)(h) — Application: floor plan and square footage of all rooms

Suggest including all points of egress such as any emergency paths of travel and evacuation procedures to ensure residences have proper egress throughout the property.

12VAC35-260-50(B)(2) — Application in lieu of accreditation evidence from a credentialing entity

If this pathway is used, does the recovery residence still provide the underlying application information (items in B(1)) to the credentialing entity?

Suggest ensuring consistency between credentialing documentation and DBHDS application requirements.

12VAC35-260-50(E)(1) — Inspection exemption for accredited/chartered residences

Does the credentialing entity perform its own inspection in lieu of the department's? Strongly suggest ensuring an inspection of the property is conducted by either DBHDS or the credentialing entity prior to DBHDS certification issuance.

12VAC35-260-80(A) — Grounds for denial or revocation of certification

Suggest adding repeat infractions of drug use at the residence as an explicit ground. See 12VAC35-260-170 and -180, which already prohibit marijuana, alcohol, and illicit drug use. To this end, suggest adding to reasons why certification may be revoked: “allowing a resident who requires a higher level of support or who has violated the marijuana, alcohol, or illicit drug use policies.”

12VAC35-260-90 — Inspections

Suggest adding language to permit an inspection, by any locality or other local authority having jurisdiction, of the interior and exterior premises at the written request to the Operator through their designated Community Liaison for purposes of compliance with the Virginia Uniform Statewide Building Code, Statewide Fire Prevention Code, and/or Virginia Property Maintenance Code. Such an inspection can be conducted at a mutually agreed upon schedule but may not be denied or postponed for more than 14 days from the time a request is made.

12VAC35-260-100 — Variance

What could a variance cover? Could a residence use a variance to obtain an increase in the number of residents permitted? That possibility is a concern for the locality, given existing local authority to set limits through a Zoning Ordinance as granted pursuant to VA Code § 15.2-2291. As such, consider adding the bolded language: “The department may grant a variance to a specific regulation if the department determines, in consultation with local government officials of the locality where the residence is located, that such a variance will not jeopardize the health, safety, or welfare of residents.

12VAC35-260-130 — Disciplinary actions

See comments on 12VAC 35-260-30(B) regarding data-sharing, which should include any information able to be released pursuant to applicable laws, including any information about disciplinary actions. Goal is for local jurisdictions to be notified when a residence is placed on suspension, decertified, or has its certification revoked.

12VAC35-260-140(A) — Complaint policy and procedure

Add or clarify that complaint procedures must make considerations for complaints directed to the Community Liaison by the locality to ensure local input is considered.

12VAC35-260-180(3)–(4) — Alcohol and illicit drug policy (testing frequency and disciplinary actions)

Suggest that the marijuana policy under 12VAC35-260-170 be required to include comparable provisions on testing frequency and disciplinary actions. As drafted, the use or possession of alcohol or illicit drugs on the premises is strictly prohibited, but it does not mean that a resident will be required to leave if they are caught using. To this end, consider adding the bolded portion to paragraph 4: “Disciplinary actions the recovery residence shall take should a resident violate the recovery residence’s alcohol and illicit drug use policy, to include removal of the resident within 24 hours of discovery of the violation. The residence may provide the resident with a resource list of detoxification centers, other behavioral health services, and shelters.”

12VAC35-260-220 – Physical environment requirements

This section may conflict with the 2021 Virginia Property Maintenance Code (VPMC). In lieu of a floorspace requirement, suggest changing language to say that structure, including all bedrooms and living areas, must adhere to the standards set by the Virginia Property Maintenance Code. Suggest retaining language in 12VAC35-260-20(3) referencing VA Code § 36-105.4.