DEPARTMENT OF BEHAVIORAL HEALTH AND

DEVELOPMENTAL SERVICES

Proposed Variance to Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services (12VAC35-115).

Notice of action: The Department of Behavioral Health and Developmental Services (DBHDS), in accordance with Part VI, Variances (12VAC35-115-220), of the Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services (12VAC35-115), hereafter referred to as the “Human Rights Regulations,” is announcing an opportunity for public comment on the application for a proposed variance to the Human Rights Regulations.  The purpose of the regulations is to ensure and protect the legal and human rights of individuals receiving services in facilities or programs operated, licensed, or funded by DBHDS.

Each variance application must reference the specific part of these regulations to which a variance is needed, the proposed wording of the substitute rule or procedure, and the justification for a variance.  Such application must also describe time limits and other conditions for duration and the circumstances that will end the applicability of the variance.  After considering all available information including comments, DBHDS intends to submit a written decision deferring, disapproving, modifying, or approving each variance application.  All variances shall be approved for a specific time period.  The decision and reasons for variance will be published in a later issue of this Register.

Purpose of notice: DBHDS is seeking comment on the application for the following proposed variance to the Human Rights Regulations at one private provider.

Variance to Procedures for Restrictions on Freedoms of Everyday Life:

12 VAC 35-115-100 A.1.a.:

Newport News Behavioral Health Center is requesting a variance to this provision in order to utilize a point level system (Behavior Management Model) affecting movement of an individual within the service setting, grounds, and community.  It would require an individual to earn points through a level system.

Variances to the Human Rights Regulations by providers are reviewed by the State Human Rights Committee at least annually, with reports to the SHRC regarding the variances as requested.  This proposed variance is expected to be considered by the SHRC at its meeting on April 20, 2018, at the Piedmont Geriatric Hospital in Burkeville, Virginia.  The request is that the variance be granted for a three-year period, with annual updates to the SHRC and quarterly review by the Local Human Rights Committee.

Public comment period: February 19, 2018, through March 21, 2018.

How to comment: DBHDS accepts written comments by email, fax, and postal mail.  In order to be considered, comments must include the full name, address, and telephone number of the person commenting and be received by DBHDS by the last day of the comment period.  All information received is part of the public record.

To review a proposal: Variance applications and any supporting documentation may be obtained by contacting the DBHDS representative named below.

Contact Information: Deborah Lochart, Director, Office of Human Rights, Department of Behavioral Health and Developmental Services, 1220 East Bank Street, P.O. Box 1797, Richmond, VA 23218-1797, telephone (804) 786-0032, FAX (804) 804-371-2308, or email deb.lochart@dbhds.virginia.gov.