12/9/2009 3:42 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
Regulation governing access to or amendment/correction of patients' service records should be amended to limit to ten days from the date of the submission's request: the physician's response to a patient's request for accessing his/her service record; and the reviewer's response to a patient's request for amending/correcting his/her service record.
 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 the 12 VAC35-115 should not be changed to establish a specific timeframe within which a provider must respond to record access requests. Requirements regarding response timeframes are already established by state and federal laws and differ based on the type of provider.