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Virginia Administrative Code

Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

Chapter 10	PUBLIC PARTICIPATION GUIDELINES [REPEALED]
Chapter 11	PUBLIC PARTICIPATION GUIDELINES [REPEALED]
Chapter 12	PUBLIC PARTICIPATION GUIDELINES
Chapter 20	MANDATORY STANDARDS FOR THE CERTIFICATION OF FIRST OFFENDER DRUG ABUSE DIVERSION AND EDUCATION PROGRAMS [REPEALED]
Chapter 30	STANDARDS FOR INTERDEPARTMENTAL REGULATION OF RESIDENTIAL FACILITIES FOR CHILDREN [REPEALED]
Chapter 40	MANDATORY CERTIFICATION/LICENSURE STANDARDS FOR TREATMENT PROGRAMS FOR RESIDENTIAL FACILITIES FOR CHILDREN [REPEALED]
Chapter 45	REGULATIONS FOR PROVIDERS OF MENTAL HEALTH, MENTAL RETARDATION, SUBSTANCE ABUSE, AND BRAIN INJURY RESIDENTIAL SERVICES FOR CHILDREN [REPEALED]
Chapter 46	REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES
Chapter 50	RULES AND REGULATIONS FOR THE LICENSURE OF PRIVATE PSYCHIATRIC HOSPITALS [REPEALED]
Chapter 60	RULES AND REGULATIONS FOR THE LICENSURE OF CORRECTIONAL PSYCHIATRIC FACILITIES [REPEALED]
Chapter 70	RULES AND REGULATIONS FOR THE LICENSURE OF SUPPORTED RESIDENTIAL PROGRAMS AND RESIDENTIAL RESPITE CARE/EMERGENCY SERVICES FACILITIES [REPEALED]
Chapter 80	RULES AND REGULATIONS FOR THE LICENSURE OF OUTPATIENT FACILITIES [REPEALED]
Chapter 90	RULES AND REGULATIONS FOR THE LICENSURE OF DAY SUPPORT PROGRAMS [REPEALED]
Chapter 100	RULES AND REGULATIONS FOR THE LICENSURE OF RESIDENTIAL FACILITIES [REPEALED]
Chapter 102	RULES AND REGULATIONS FOR THE LICENSURE OF FACILITIES AND PROVIDERS OF MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE [REPEALED]
Chapter 105	RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES
Chapter 110	RULES AND REGULATIONS TO ASSURE THE RIGHTS OF RESIDENTS OF FACILITIES OPERATED BY THE DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION AND...[REPEALED]
Chapter 115	REGULATIONS TO ASSURE THE RIGHTS OF INDIVIDUALS RECEIVING SERVICES FROM PROVIDERS LICENSED, FUNDED, OR OPERATED BY THE DEPARTMENT OF BEHAVIORAL...
Chapter 120	RULES AND REGULATIONS TO ASSURE THE RIGHTS OF PATIENTS OF PSYCHIATRIC HOSPITALS AND OTHER PSYCHIATRIC FACILITIES LICENSED BY THE... [REPEALED]
Chapter 130	RULES AND REGULATIONS TO ASSURE THE RIGHTS OF CLIENTS IN COMMUNITY PROGRAMS [REPEALED]
Chapter 140	MANDATORY STANDARDS FOR COMMUNITY MENTAL HEALTH PROGRAMS [REPEALED]
Chapter 150	MANDATORY STANDARDS FOR COMMUNITY MENTAL RETARDATION PROGRAMS [REPEALED]
Chapter 160	MANDATORY STANDARDS FOR COMMUNITY SUBSTANCE ABUSE PROGRAMS [REPEALED]
Chapter 170	REGULATIONS FOR CERTIFICATION OF CASE MANAGEMENT [REPEALED]
Chapter 180	REGULATIONS TO ASSURE THE PROTECTION OF SUBJECTS IN HUMAN RESEARCH
Chapter 190	REGULATIONS FOR VOLUNTARY ADMISSIONS TO STATE TRAINING CENTERS
Chapter 200	REGULATIONS FOR EMERGENCY AND RESPITE CARE ADMISSION TO STATE TRAINING CENTERS
Chapter 210	REGULATIONS TO GOVERN TEMPORARY LEAVE FROM STATE MENTAL HEALTH AND STATE MENTAL RETARDATION FACILITIES
Chapter 220	CERTIFICATION REQUIREMENTS FOR EARLY INTERVENTION PROFESSIONALS AND EARLY INTERVENTION SPECIALISTS

Chapter 10

PUBLIC PARTICIPATION GUIDELINES [REPEALED] (create report)

Section 10

[Repealed]

Chapter 11

PUBLIC PARTICIPATION GUIDELINES [REPEALED] (create report)

Section 10	[Repealed]
Section 15	[Repealed]
Section 20	[Repealed]
Section 30	[Repealed]
Section 40	[Repealed]
Section 50	[Repealed]
Section 60	[Repealed]
Section 70	[Repealed]
Section 80	[Repealed]
Section 90	[Repealed]
Section 100	[Repealed]
Section 110	[Repealed]

Chapter 12

PUBLIC PARTICIPATION GUIDELINES (create report)

Section 10	Purpose
Section 20	Definitions
Section 30	Notification list
Section 40	Information to be sent to persons on the notification list
Section 50	Public comment
Section 60	Petition for rulemaking
Section 70	Appointment of regulatory advisory panel
Section 80	Appointment of negotiated rulemaking panel
Section 90	Meetings
Section 100	Public hearings on regulations
Section 110	Periodic review of regulations

Chapter 20

MANDATORY STANDARDS FOR THE CERTIFICATION OF FIRST OFFENDER DRUG ABUSE DIVERSION AND EDUCATION PROGRAMS [REPEALED] (create report)

Section 10

[Repealed]

Chapter 30

STANDARDS FOR INTERDEPARTMENTAL REGULATION OF RESIDENTIAL FACILITIES FOR CHILDREN [REPEALED] (create report)

Section 10

[Repealed]

Chapter 40

MANDATORY CERTIFICATION/LICENSURE STANDARDS FOR TREATMENT PROGRAMS FOR RESIDENTIAL FACILITIES FOR CHILDREN [REPEALED] (create report)

Section 10

[Repealed]

Chapter 45

REGULATIONS FOR PROVIDERS OF MENTAL HEALTH, MENTAL RETARDATION, SUBSTANCE ABUSE, AND BRAIN INJURY RESIDENTIAL SERVICES FOR CHILDREN [REPEALED] (create report)

Section 10	[Repealed]
Section 20	[Repealed]
Section 25	[Repealed]
Section 30	[Repealed]
Section 40	[Repealed]
Section 50	[Repealed]
Section 60	[Repealed]
Section 70	[Repealed]
Section 80	[Repealed]
Section 90	[Repealed]
Section 100	[Repealed]
Section 110	[Repealed]
Section 120	[Repealed]
Section 130	[Repealed]
Section 140	[Repealed]
Section 150	[Repealed]
Section 160	[Repealed]
Section 170	[Repealed]
Section 180	[Repealed]
Section 190	[Repealed]
Section 200	[Repealed]
Section 210	[Repealed]

Chapter 46

REGULATIONS FOR CHILDREN'S RESIDENTIAL FACILITIES (create report)

Section 10	Definitions
Section 20	Service description and applications; required elements
Section 30	The investigation
Section 40	Review of facilities
Section 50	Posting of information
Section 60	General requirements
Section 70	Resident's rights
Section 80	Written corrective action plans
Section 90	Licenses
Section 100	Application fees
Section 110	Modification
Section 120	Denial
Section 130	Revocation
Section 140	Summary suspension
Section 150	Variances
Section 160	Investigation of complaints and allegations
Section 170	Governing body
Section 180	Responsibilities of the provider
Section 190	Fiscal accountability
Section 200	Insurance
Section 210	Fundraising
Section 220	Weapons
Section 230	Relationship to the department
Section 240	Facilities serving persons over the age of 17 years
Section 250	Health information
Section 260	Physical or mental health of personnel
Section 270	Qualifications
Section 280	Job descriptions
Section 290	Written personnel policies and procedures
Section 300	Personnel records
Section 310	Staff development
Section 320	Staff supervision
Section 330	The applicant
Section 340	The chief administrative officer
Section 350	Program director
Section 360	Case manager
Section 370	Child care supervisor
Section 380	Child care staff
Section 390	Relief staff
Section 395	Additional requirements for residential facilities for individuals with brain injury
Section 400	Volunteers and student/interns
Section 410	Support functions
Section 420	Buildings, inspections and building plans
Section 430	Heating systems, ventilation, and cooling systems
Section 440	Lighting
Section 450	Plumbing
Section 460	Toilet facilities
Section 470	Personal necessities
Section 480	Sleeping areas
Section 490	Smoking prohibition
Section 500	Residents' privacy
Section 510	Audio and visual recordings
Section 520	Living rooms and indoor recreation space
Section 530	Study space
Section 540	Kitchen and dining areas
Section 550	Laundry areas
Section 560	Storage
Section 570	Staff quarters
Section 580	Office space
Section 590	Buiding and grounds
Section 600	Equipment and furnishings
Section 610	Housekeeping and maintenance
Section 620	Farm and domestic animals
Section 625	Minimum service requirements
Section 630	Acceptance of children
Section 640	Admission procedures
Section 650	Least restrictive programming
Section 660	Maintenance of residents' records
Section 670	Record reviews
Section 680	Interestate compact on the placement of children
Section 690	Participation of residents in human research
Section 700	Emergency and self-admissions
Section 710	Application for admission
Section 720	Written placement agreement
Section 730	Face sheet
Section 740	Initial objectives and strategies
Section 750	Individualized service plans/quarterly reports
Section 760	Resident transfer between residential facilities located in Virginia and operated by the same sponsor
Section 765	Discharge
Section 770	Placement of residents outside the facility
Section 780	Case management services
Section 790	Therapy
Section 800	Structured program of care
Section 810	Health care procedures
Section 820	Written policies and procedures for a crisis or clinical emergency
Section 830	Documenting crisis intervention and clinical emergency services
Section 840	Medical examinations and treatment
Section 850	Medication
Section 860	Nutrition
Section 870	Staff supervision of residents
Section 880	Emergency telephone numbers
Section 890	Searches
Section 900	Behavior support
Section 910	Timeout
Section 920	Prohibitions
Section 930	Pharmacological or mechanical restraints
Section 940	Behavior interventions
Section 950	Seclusion
Section 960	Seclusion room requirements
Section 970	Education
Section 980	Religion
Section 990	Recreation
Section 1000	Community relationships
Section 1010	Clothing
Section 1020	Allowances and spending money
Section 1030	Work and employment
Section 1040	Visitation at the facility and to the resident's home
Section 1050	Resident visitation at the homes of staff
Section 1060	Vehicles and power equipment
Section 1070	Serious incident reports
Section 1080	Suspected child abuse or neglect
Section 1090	Grievance procedures
Section 1100	Disaster or emergency planning
Section 1110	Emergency and evacuation procedures
Section 1120	Independent living programs
Section 1130	Mother/baby programs
Section 1140	Campsite programs or adventure activities
DIBR	DOCUMENTS INCORPORATED BY REFERENCE (12VAC35-46)

Chapter 50

RULES AND REGULATIONS FOR THE LICENSURE OF PRIVATE PSYCHIATRIC HOSPITALS [REPEALED] (create report)

Section 10

[Repealed]

Chapter 60

RULES AND REGULATIONS FOR THE LICENSURE OF CORRECTIONAL PSYCHIATRIC FACILITIES [REPEALED] (create report)

Section 10

[Repealed]

Chapter 70

RULES AND REGULATIONS FOR THE LICENSURE OF SUPPORTED RESIDENTIAL PROGRAMS AND RESIDENTIAL RESPITE CARE/EMERGENCY SERVICES FACILITIES [REPEALED] (create report)

Section 10

[Repealed]

Chapter 80

RULES AND REGULATIONS FOR THE LICENSURE OF OUTPATIENT FACILITIES [REPEALED] (create report)

Section 10

[Repealed]

Chapter 90

RULES AND REGULATIONS FOR THE LICENSURE OF DAY SUPPORT PROGRAMS [REPEALED] (create report)

Section 10

[Repealed]

Chapter 100

RULES AND REGULATIONS FOR THE LICENSURE OF RESIDENTIAL FACILITIES [REPEALED] (create report)

Section 10

[Repealed]

Chapter 102

RULES AND REGULATIONS FOR THE LICENSURE OF FACILITIES AND PROVIDERS OF MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE [REPEALED] (create report)

Section 10

[Repealed]

Chapter 105

RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES (create report)

Section 10	Authority and applicability
Section 20	Definitions
Section 30	Licenses
Section 40	Application requirements
Section 50	Issuance of licenses
Section 60	Modification
Section 70	Onsite reviews
Section 80	Complaint investigations
Section 90	Compliance
Section 100	Sanctions
Section 110	Denial, revocation, or suspension of a license
Section 115	Summary suspension
Section 120	Variances
Section 130	Confidentiality of records
Section 140	License availability
Section 150	Compliance with applicable laws, regulations and policies
Section 155	Preadmission-screening, discharge planning, involuntary commitment, and mandatory outpatient treatment orders
Section 160	Reviews by the department; requests for information
Section 170	Corrective action plan
Section 180	Notification of changes
Section 190	Operating authority, governing body and organizational structure
Section 200	Appointment of administrator
Section 210	Fiscal accountability
Section 220	Indemnity coverage
Section 230	Written fee schedule
Section 240	Policy on funds of individuals receiving services
Section 250	Deceptive or false advertising
Section 260	Building inspection and classification
Section 265	Floor plans
Section 270	Building modifications
Section 280	Physical environment
Section 290	Food service inspections
Section 300	Sewer and water inspections
Section 310	Weapons
Section 320	Fire inspections
Section 325	Community liaison
Section 330	Beds
Section 340	Bedrooms
Section 350	Condition of beds
Section 360	Privacy
Section 370	Ratios of toilets, basins, and showers or baths
Section 380	Lighting
Section 390	Confidentiality and security of personnel records
Section 400	Criminal registry checks
Section 410	Job description
Section 420	Qualifications of employees or contractors
Section 430	Employee or contractor personnel records
Section 440	Orientation of new employees, contractors, volunteers, and students
Section 450	Employee training and development
Section 460	Emergency medical or first aid training
Section 470	Notification of policy changes
Section 480	Employee or contractor performance evaluation
Section 490	Written grievance policy
Section 500	Students and volunteers
Section 510	Tuberculosis screening
Section 520	Risk management
Section 530	Emergency preparedness and response plan
Section 540	Access to telephone in emergencies; emergency telephone numbers
Section 550	First aid kit accessible
Section 560	Operable flashlights or battery lanterns
Section 570	Mission statement
Section 580	Service description requirements
Section 590	Provider staffing plan
Section 600	Nutrition
Section 610	Community participation
Section 620	Monitoring and evaluating service quality
Section 630	[Repealed]
Section 640	[Repealed]
Section 645	Initial contacts, screening, admission, assessment, service planning, orientation and discharge
Section 650	Assessment policy
Section 660	Individualized services plan (ISP)
Section 665	ISP requirements
Section 670	[Repealed]
Section 675	Reassessments and ISP reviews.
Section 680	Progress notes or other documentation
Section 690	Orientation
Section 691	Transition of individuals among service.
Section 693	Discharge
Section 700	Written policies and procedures for crisis or emergency interventions; required elements
Section 710	Documenting crisis intervention and emergency services
Section 720	Health care policy
Section 730	[Repealed]
Section 740	Physical examination for residential and inpatient services
Section 750	Emergency medical information
Section 760	Medical equipment
Section 770	Medication management
Section 780	Medication errors and drug reactions
Section 790	Medication administration and storage or pharmacy operation
Section 800	Policies and procedures on behavior interventions and supports
Section 810	Behavioral treatment plan
Section 820	Prohibited actions
Section 830	Seclusion, restraint, and time out
Section 840	Requirements for seclusion room
Section 850	[Repealed]
Section 860	[Repealed]
Section 870	Paper and electronic records management policy
Section 880	Documentation policy
Section 890	Individual's service record
Section 900	Record storage and security
Section 910	Retention of individual's service records
Section 920	Review process for records
Section 925	Standards for the evaluation of new licenses for providers of services to individuals with opioid addiction
Section 930	Registration, certification or accreditation
Section 940	Criteria for involuntary termination from treatment
Section 950	Service operation schedule
Section 960	Physical examinations
Section 970	Counseling sessions
Section 980	Drug screens
Section 990	Take-home medication
Section 1000	Preventing duplication of medication services
Section 1010	Guests
Section 1020	Detoxification prior to involuntary discharge
Section 1030	Opioid agonist medication renewal
Section 1040	Emergency preparedness plan
Section 1050	Security of opioid agonist medication supplies
Section 1055	Description of level of care provided
Section 1060	Cooperative agreements with community agencies
Section 1070	Observation area
Section 1080	Direct-care training for providers of detoxification services
Section 1090	Minimum number of employees or contractors on duty
Section 1100	Documentation
Section 1110	Admission assessments
Section 1120	Vital signs
Section 1130	Light snacks and fluids
Section 1140	Clinical and security coordination
Section 1150	Other requirements for correctional facilities
Section 1160	Sponsored residential home information
Section 1170	Sponsored residential home agreements
Section 1180	Sponsor qualification and approval process
Section 1190	Sponsored residential home service policies
Section 1200	Supervision
Section 1210	Sponsored residential home service records
Section 1220	Regulations pertaining to staff
Section 1230	Maximum number of beds or occupants in sponsored residential home
Section 1235	Sponsored residential home services for children
Section 1240	Service requirements for providers of case management services
Section 1250	Qualifications of case management employees or contractors
Section 1255	Case manager choice
Section 1260	Admission criteria
Section 1270	Physical environment requirements of community gero-psychiatric residential services
Section 1280	Monitoring
Section 1290	Service requirements for providers of gero-psychiatric residential services
Section 1300	Staffing requirements for community gero-psychiatric residential services
Section 1310	Interdisciplinary services planning team
Section 1320	Employee or contractor qualifications and training
Section 1330	Medical director
Section 1340	Physician services and medical care
Section 1350	Pharmacy services for providers of community gero-psychiatric residential services
Section 1360	Admission and discharge criteria
Section 1370	Treatment team and staffing plan
Section 1380	Contacts
Section 1390	ICT and PACT service daily operation and progress notes
Section 1400	ICT and PACT assessment
Section 1410	Service requirements
FORMS	FORMS
DIBR	DOCUMENTS INCORPORATED BY REFERENCE (12VAC35-105)

Chapter 110

RULES AND REGULATIONS TO ASSURE THE RIGHTS OF RESIDENTS OF FACILITIES OPERATED BY THE DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION AND...[REPEALED] (create report)

Section 10

[Repealed]

Chapter 115

REGULATIONS TO ASSURE THE RIGHTS OF INDIVIDUALS RECEIVING SERVICES FROM PROVIDERS LICENSED, FUNDED, OR OPERATED BY THE DEPARTMENT OF BEHAVIORAL... (create report)

Section 10	Authority and applicability
Section 20	Policy
Section 30	Definitions
Section 40	Assurance of rights
Section 50	Dignity
Section 60	Services
Section 70	Participation in decision making and consent
Section 80	Confidentiality
Section 90	Access to and amendment of services records
Section 100	Restrictions on freedoms of everyday life
Section 110	Use of seclusion, restraint, and time out
Section 120	Work
Section 130	Research
Section 140	Complaint and fair hearing
Section 145	Determination of capacity to give consent or authorization
Section 146	Authorized representatives
Section 150	General provisions
Section 160	[Repealed]
Section 170	Complaint resolution process
Section 180	Local Human Rights Committee hearing and review procedures
Section 190	Special procedures for emergency hearings by the LHRC
Section 200	Special procedures for LHRC reviews involving consent and authorization
Section 210	State Human Rights Committee appeals procedures
Section 220	Variances
Section 230	Provider requirements for reporting to the department.
Section 240	Human rights enforcement and sanctions
Section 250	Offices, composition and duties

Chapter 120

RULES AND REGULATIONS TO ASSURE THE RIGHTS OF PATIENTS OF PSYCHIATRIC HOSPITALS AND OTHER PSYCHIATRIC FACILITIES LICENSED BY THE... [REPEALED] (create report)

Section 10

[Repealed]

Chapter 130

RULES AND REGULATIONS TO ASSURE THE RIGHTS OF CLIENTS IN COMMUNITY PROGRAMS [REPEALED] (create report)

Section 10

[Repealed]

Chapter 140

MANDATORY STANDARDS FOR COMMUNITY MENTAL HEALTH PROGRAMS [REPEALED] (create report)

Section 10

[Repealed]

Chapter 150

MANDATORY STANDARDS FOR COMMUNITY MENTAL RETARDATION PROGRAMS [REPEALED] (create report)

Section 10

[Repealed]

Chapter 160

MANDATORY STANDARDS FOR COMMUNITY SUBSTANCE ABUSE PROGRAMS [REPEALED] (create report)

Section 10

[Repealed]

Chapter 170

REGULATIONS FOR CERTIFICATION OF CASE MANAGEMENT [REPEALED] (create report)

Section 10

[Repealed]

Chapter 180

REGULATIONS TO ASSURE THE PROTECTION OF SUBJECTS IN HUMAN RESEARCH (create report)

Section 10	Definitions
Section 20	[Repealed]
Section 30	Applicability
Section 40	Policy
Section 50	Affiliation with a research review committee
Section 60	Composition of research review committees
Section 70	Elements of each committee's review process
Section 80	Kinds of human research exempt from committee review
Section 90	Expedited review procedures for certain kinds of human research involving no more than minimal risk
Section 100	Informed consent
Section 110	Committee records
Section 120	Mandatory reporting
Section 130	Role of the department and commissioner
Section 140	Applicability of state policies
Section 150	Applicability of federal policies

Chapter 190

REGULATIONS FOR VOLUNTARY ADMISSIONS TO STATE TRAINING CENTERS (create report)

Section 10	Definitions
Section 20	[Repealed]
Section 21	Application for admission
Section 30	Criteria for admission
Section 40	[Repealed]
Section 41	Requests for reconsideration of the director's determination
Section 50	[Repealed]
Section 51	Judicial certification

Chapter 200

REGULATIONS FOR EMERGENCY AND RESPITE CARE ADMISSION TO STATE TRAINING CENTERS (create report)

Section 10	Definitions
Section 20	Respite care admission
Section 30	Emergency admission

Chapter 210

REGULATIONS TO GOVERN TEMPORARY LEAVE FROM STATE MENTAL HEALTH AND STATE MENTAL RETARDATION FACILITIES (create report)

Section 10	Authority and applicability
Section 20	Definitions
Section 30	General requirements for temporary leave
Section 40	Day passes
Section 50	Trial visits
Section 60	Family visits
Section 70	Required authorizations and documentation
Section 80	Illness or injury occurring during a family or trial visit
Section 90	Failure to return to training centers
Section 100	Failure to return to hospitals

Chapter 220

CERTIFICATION REQUIREMENTS FOR EARLY INTERVENTION PROFESSIONALS AND EARLY INTERVENTION SPECIALISTS (create report)

Section 10	Authority and applicability
Section 20	Definitions
Section 30	Certification required for the provision of early intervention services
Section 40	Supervision requirements
Section 50	Initial certification and recertification processes
Section 60	Notice of decision on application for certification or recertification
Section 70	Early intervention practitioner database
Section 80	Restoration of expired certifications
Section 90	Termination of early intervention professional or early intervention specialist certification
Section 100	Reconsideration of decision to deny or terminate certification