12/9/2009 3:47 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: 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
 Petitioner's Request
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
 Agency Decision
Take no action
Agency Response Date 12/08/2009
 Agency Decision Text
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.