12/9/2009 3:36 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
Agency Decision
Promulgating Board: State Board of Behavioral Health and Developmental Services
Regulatory Coordinator: Linda B. Grasewicz


Agency Contact: Wendy V. Brown

Policy Analyst


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

Date Petition Received 09/15/2009
Petitioner Steven Shoon
 Petitioner's Request
The reinstatement of the requirement on limiting the timeframe of how long the provider can impose a restriction on the patient's access to their service records.
 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 12 VAC35-115 has never included a requirement limiting the length of time that a restriction could be placed on a patient's access to his or her service record. The Board determined that to do so would be to regulate a clinical practice issue.