6/28/2010 9:46 am
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
Agency Decision
Promulgating Board: State Board of Behavioral Health and Developmental Services
Regulatory Coordinator: Linda B. Grasewicz


Agency Contact: Linda B. Grasewicz

Regulatory Coordinator


Contact Address: Department of Behavioral Health and Developmental Services

1220 Bank Street

P. O. Box 1797

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

Date Petition Received 04/08/2010
Petitioner Steven Shoon
 Petitioner's Request
Amend 12 VAC 35-115-90 to prohibit physicians or clinical psychologists involved in denying or limiting an individual's access to his service record from selecting second evaluators to review the denial of the individual's request to access his service record.
 Agency Plan
The Board will consider the petition and public comments at the next scheduled meeting, which is June 25, 2010.
Publication Date 05/10/2010  (comment period will also begin on this date)
Comment End Date 05/31/2010
 Agency Decision
Take no action
Agency Response Date 06/25/2010
 Agency Decision Text
The regulations require the provider to designate a physician or clinical psychologist who is not directly involved in the denial to review the decision to deny access.