Agency
Department of Behavioral Health and Developmental Services
 
Board
State Board of Behavioral Health and Developmental Services
 
chapter
Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services [12 VAC 35 ‑ 115]
Action Updating Human Rights Regulations following Periodic Review; conforming to Health Care Decisions Act
Stage NOIRA
Comment Period Ended on 7/1/2026
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7/1/26  6:18 pm
Commenter: Allison Meyer, GPCS

Part IV Substitute Decision Making - 12VAC35-115-146 H
 

With the addition in the January 2025 draft regs of “an attorney-in-fact, health care agent, or legal guardian” to a section that previously only applied to authorized reps, it reads that we need #1-4 which don’t apply to anything except authorized rep.  Suggestion to separate out that there needs to be documentation of the “attorney-in-fact, health care agent, or legal guardian” from the remainder that applies to AR.

CommentID: 240708