Virginia Regulatory Town Hall
Health and Human Resources
Department of Behavioral Health and Developmental Services
State Board of Behavioral Health and Developmental Services
Petition 25
Petition Information
Petition Title Transfer of patients
Date Filed 9/30/2005   
Petitioner Steven Shoon 
Petitioner's Request

Requests that the agency adopt regulations related dispute resolution proceedings to specifically deal with disputes with the department rather than with state facilities or training centers. The regulations should also cover disputes over guidelines dealing with the management of NGRI acquittees.

Agency's Plan

The Board will consider the petition and any comments received at its regularly scheduled meeting on January 18, 2006.

Comment Period Began 10/31/2005    Ended 11/21/2005
Agency Decision Take no action    
Response Date 1/23/2006
Agency Decision Summary

The State Mental Health, Mental Retardation and Substance Abuse Services Board has denied the petition but has agreed to consider the petitioner's proposal in conjunction with its current process for amending its human rights regulations (12 VAC 35-115-10 et seq.). The petitioner requested that the Board initiate a new process to adopt regulations pertaining to the rights of individuals who are receiving services in state facilities. Virginia Code ยง 37.2-400 requires the Board to adopt regulations to protect the legal and human rights of individuals receiving services in facilities or from providers that are licensed, funded, or operated, by the department. The Board recently published a notice of intended regulatory action (NOIRA) to initiate the process to amend its human rights regulations. As part of this process, the Board will publish its proposed amendments and provide the public the opportunity to submit comments for its consideration. Rather than initiate a new regulatory process, the Board agreed to regard the petitioner's specific request as public comment on its proposed human rights regulations and consider his proposal when finalizing its amendments to the human rights regulations.