12/9/2009 3:47 pm Date / Time filed with the Register of Regulations | VA.R. Document Number: R____-______ |
Virginia Register Publication Information
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Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
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Agency Decision
Promulgating Board: | State Board of Behavioral Health and Developmental Services |
Regulatory Coordinator: | Linda B. Grasewicz (804)786-0040 linda.grasewicz@dbhds.virginia.gov |
Agency Contact: | Wendy V. Brown Policy Analyst (804)225-2252 wendy.brown@co.dmhmrsas.virginia.gov |
Contact Address: | Department of Behavioral Health and Developmental Services Jefferson Bldg. 1220 Bank St., 12th Floor Richmond, VA 23219 |
Chapter Affected: | |
12 vac 35 - 115: | Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers of Mental Health, Mental Retardation and Substance Abuse Services |
Statutory Authority: |
State: Section 37.2-400 of the Code of Virginia Federal: |
Date Petition Received | 09/15/2009 |
Petitioner | Steven Shoon |
Regulation should be amended to prohibit the Commissioner from suspending the applicability
of provisions in the Human Rights Regulations that apply to people on forensic status
or civilly committed as sexually violent predators through a written exemption, where
there are duplicate provisions of the same rights in the statutes (Virginia Code §
37.2-400)
Agency Plan
The Board will consider the petition and any comments received at its regularly scheduled
meeting on December 8, 2009.
Publication Date | 10/12/2009 (comment period will also begin on this date) |
Comment End Date | 11/09/2009 |
Take no action
Agency Response Date | 12/08/2009 |
The Board determined that § 37.2-400 does allow qualifications to the statutorily
defined rights when such qualifications are consistent with reasonable limitations
and sound therapeutic treatment.