12/3/2010 4:54 pm
Date / Time filed with the Register of Regulations 		VA.R. Document Number: R____-______
Virginia Register Publication Information

Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
X
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: Linda B. Grasewicz

Regulatory Coordinator

(804)786-0040

linda.grasewicz@dbhds.virginia.gov
Contact Address: Department of Behavioral Health and Developmental Services

1220 Bank Street

Richmond, VA 23218-1797
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 09/14/2010
Petitioner Steven Shoon
 Petitioner's Request
Amend 12 VAC 35-115-40 to require the display of information on how to contact people the provider identifies as accountable for individuals resolving complaints, exercising FOIA rights for all providers operated or publicly funded by or through the Department
 Agency Plan
The Board anticipates it will consider public comments on this request at its November 30, 2010 meeting and will then determine what appropriate action is required.
Publication Date 01/03/2011  (comment period will also begin on this date)
Comment End Date 11/01/2010
 Agency Decision
Take no action
Agency Response Date 12/03/2010
 Agency Decision Text
The Human Rights Regulations and the Virginia Freedom of Information Act are two distinctive regulatory processes. The Human Rights regulations are intended to assure consumer protections of legal, civil and human rights related to the receipt of behavioral health and developmental services.  VFOIA is intended to ensure citizen access to government records in custody of public officials and meetings of "public bodies." The request exceeds the scope of the 12VAC 35-115