Virginia Regulatory Town Hall
Department of Behavioral Health and Developmental Services
State Board of Behavioral Health and Developmental Services

General Notice
INITIAL DRAFT New Licensing General Chapter 12VAC35-106 (Response to Periodic Review)
Date Posted: 9/11/2019
Expiration Date: 10/31/2019
Submitted to Registrar for publication: YES
31 Day Comment Forum closed. Began on 9/30/2019 and ended 10/31/2019   [90 comments]

NOTICE: Public Comment Period to Open September 30, 2019 on INITIAL DRAFT Amendments to the DBHDS Licensing Regulations (12VAC35-105)


Each state agency must ensure that its regulations are reviewed at least once every four years through a ‘periodic review.’  Agencies must then decide if the regulation will be amended, retained as is, or repealed.  After conducting the most recent periodic review of the Licensing Regulations, the agency filed a decision to amend the regulations. 

Planned Changes

Since then, the Office of Licensing developed draft revisions to both the structure and the content of the Licensing Regulations.  In regard to structure, currently language addressing all disabilities is contained in Chapter 105.  This all-in-one structure is actually very rare across Virginia agencies or in other states.  As is most typical, a ‘general chapter’ was developed to apply to three disability-specific chapters (developmental, behavioral health, and substance abuse).  Further, it was deemed necessary to develop the general chapter first. 

Response to Periodic Review versus Behavioral Health Redesign

It is important to distinguish this drafting effort of the response to periodic review of the Licensing Regulations from other current discussions regarding only behavioral health redesign. 

Response to Periodic Review:  Draft changes for the response to periodic review will be in a separate action and are not expected to take effect until at least 2021 following the standard process, which takes an average of 18 months to two years to complete.

Behavioral Health Redesign:  The current effective Licensing Regulations will be the vehicle for any required department regulatory changes that come from the behavioral health redesign.  Such changes would likely be emergency regulations as authorized by the General Assembly.  

Register as a user on Town Hall to provide comment on this initial draft when the comment period opens on September 30, 2019.  Comments will also be received via email, fax, or hard copy mail to: Emily Bowles, Legal and Regulatory Manager, DBHDS Office of Licensing, Post Office Box 1797, Richmond, Virginia 23218-1797,, fax: (804) 692-0066; TDD: (804) 371-8977.

Contact Information
Name / Title: Emily Bowles  / Legal and Regulatory Manager
Address: DBHDS
PO Box 1797
Richmond, 23218-1797
Email Address:
Telephone: (804)225-3281    FAX: (804)692-0066    TDD: (804)371-8077