PETITIONS FOR RULEMAKINGVol. 26 Iss. 18 - May 10, 2010
TITLE 12. HEALTH
STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES
Initial Agency Notice
Title of Regulation: 12VAC35-115. Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services.
Statutory Authority: § 37.2-400 of the Code of Virginia.
Name of Petitioner: Steven Shoon.
Nature of Petitioner's Request: Amend 12VAC35-115-30 to (i) add statements to the definitions of "department" and "provider" that exclude the Department of Corrections and (ii) remove the Department of Corrections exclusion from the definitions of "abuse" and "neglect."
Agency's Plan for Disposition of the Request: The board will consider the petition and public comments at its next scheduled meeting on June 25, 2010.
Public Comment Deadline: May 31, 2010.
Agency Contact: Linda B. Grasewicz, Regulatory Coordinator, Department of Behavioral Health and Developmental Services, 1220 Bank Street, P.O. Box 1797, Richmond, VA 23218-1797, telephone (804) 786-0040, or email linda.grasewicz@dbhds.virginia.gov.
VA.R. Doc. No. R10-54; Filed April 15, 2010, 3:23 p.m.
Initial Agency Notice
Title of Regulation: 12VAC35-115. Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services.
Statutory Authority: § 37.2-400 of the Code of Virginia.
Name of Petitioner: Steven Shoon.
Nature of Petitioner's Request: Amend 12VAC35-115-30 to change the phrase: "mental health, mental retardation, and substance abuse services" to "behavioral health and developmental services" in the definitions of "community services board" and "neglect."
Agency's Plan for Disposition of the Request: The board will consider the petition and public comments at its next scheduled meeting on June 25, 2010.
Public Comment Deadline: May 31, 2010.
Agency Contact: Linda B. Grasewicz, Regulatory Coordinator, Department of Behavioral Health and Developmental Services, 1220 Bank Street, P.O. Box 1797, Richmond, VA 23218-1797, telephone (804) 786-0040, or email linda.grasewicz@dbhds.virginia.gov.
VA.R. Doc. No. R10-55; Filed April 15, 2010, 3:15 p.m.
Initial Agency Notice
Title of Regulation: 12VAC35-115. Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services.
Statutory Authority: § 37.2-400 of the Code of Virginia.
Name of Petitioner: Steven Shoon.
Nature of Petitioner's Request: Amend 12VAC35-115-10 to remove the adjectives "public or private" to describe "providers" as redundant and remove the phrase "excluding the Department of Corrections", which appears twice in this section.
Agency's Plan for Disposition of the Request: The board will consider the petition and public comments at its next scheduled meeting on June 25, 2010.
Public Comment Deadline: May 31, 2010.
Agency Contact: Linda B. Grasewicz, Regulatory Coordinator, Department of Behavioral Health and Developmental Services, 1220 Bank Street, P.O. Box 1797, Richmond, VA 23218-1797, telephone (804) 786-0040, or email linda.grasewicz@dbhds.virginia.gov.
VA.R. Doc. No. R10-56; Filed April 15, 2010, 3:26 p.m.
Initial Agency Notice
Title of Regulation: 12VAC35-115. Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services.
Statutory Authority: § 37.2-400 of the Code of Virginia.
Name of Petitioner: Steven Shoon.
Nature of Petitioner's Request: Amend 12VAC35-115-70 B 8 b (3) by (i) creating a new subparagraph, 12VAC35-115-70 B 8 b (4), based on commitment status (Chapter 11 and 11.1); (ii) leaving the information related to commitments under Chapter 11 in 12VAC35-115-70 B 8 b (3); and (iii) providing additional information for commitments under Chapter 11.1 in a new subparagraph, 12VAC35-115-70 B 8 b (4) as follows:
a) The 2003 Guidelines For The Management of Individuals Found Not Guilty By Reason of Insanity (NGRI Manual) does not make the statement on how and when the Forensics Review Panel (RFP) reviews annual reports and their recommendations for disposition,
b) The NGRI Manual makes the statement that completing the privilege process is the criteria for the FRP approving the treatment team's submission to the court recommending release,
c) The NGRI Manual does not state whether the packet for conditional release or unconditional release is an annual report or a report for clinical findings attached to and in support of the Commissioner's petition for release,
d) The NGRI Manual does not state the Commissioner's statutory function within the statute on Annual Continuation of Confinement Hearings (§ 19.2-182.5 B of the Code of Virginia), which the FRP approval requirement derives its statutory authority from, for attaching itself to the submission of annual reports with recommendations other than continued hospitalization,
e) The NGRI Manual states the FRP reviews treatment team submissions recommending release without declaring whether treatment team submissions are annual reports or reports for clinical findings attached to and in support of the Commissioner's petition for release,
f) The NGRI Manual makes the statement that the NGRI acquittees may request release, resulting in the acquittee's need for inpatient hospitalization, and
g) The NGRI Manual does not state that the annual report recommending release results in the court of committing jurisdiction ordering a second evaluation to assess and report on the NGRI acquittee's need for inpatient hospitalization.
Agency's Plan for Disposition of the Request: The board will consider the petition and public comments at its next scheduled meeting on June 25, 2010.
Public Comment Deadline: May 31, 2010.
Agency Contact: Linda B. Grasewicz, Regulatory Coordinator, Department of Behavioral Health and Developmental Services, 1220 Bank Street, P.O. Box 1797, Richmond, VA 23218-1797, telephone (804) 786-0040, or email linda.grasewicz@dbhds.virginia.gov.
VA.R. Doc. No. R10-57; Filed April 15, 2010, 3:31 p.m.
Initial Agency Notice
Title of Regulation: 12VAC35-115. Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services.
Statutory Authority: § 37.2-400 of the Code of Virginia.
Name of Petitioner: Steven Shoon.
Nature of Petitioner's Request: Amend 12VAC35-115-90 to prohibit physicians or clinical psychologists involved in denying or limiting an individual's access to his service record from selecting second evaluators to review the denial of the individual's request to access his service record.
Agency's Plan for Disposition of the Request: The board will consider the petition and public comments at its next scheduled meeting on June 25, 2010.
Public Comment Deadline: May 31, 2010.
Agency Contact: Linda B. Grasewicz, Regulatory Coordinator, Department of Behavioral Health and Developmental Services, 1220 Bank Street, P.O. Box 1797, Richmond, VA 23218-1797, telephone (804) 786-0040, or email linda.grasewicz@dbhds.virginia.gov.
VA.R. Doc. No. R10-58; Filed April 15, 2010, 3:41 p.m.
Initial Agency Notice
Title of Regulation: 12VAC35-115. Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services.
Statutory Authority: § 37.2-400 of the Code of Virginia.
Name of Petitioner: Steven Shoon.
Nature of Petitioner's Request: Amend 12VAC35-115-60 to only allow providers to return discharged individual's mail to senders when the providers do not have the discharged individual's address and the providers have made every attempt to ascertain the discharged individual's current address without success.
Agency's Plan for Disposition of the Request: The board will consider the petition and public comments at its next scheduled meeting on June 25, 2010.
Public Comment Deadline: May 31, 2010.
Agency Contact: Linda B. Grasewicz, Regulatory Coordinator, Department of Behavioral Health and Developmental Services, 1220 Bank Street, P.O. Box 1797, Richmond, VA 23218-1797, telephone (804) 786-0040, or email linda.grasewicz@dbhds.virginia.gov.
VA.R. Doc. No. R10-59; Filed April 15, 2010, 3:44 p.m.
Initial Agency Notice
Title of Regulation: 12VAC35-115. Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services.
Statutory Authority: § 37.2-400 of the Code of Virginia.
Name of Petitioner: Steven Shoon.
Nature of Petitioner's Request: Establish a new regulation requiring all providers receiving public funding to physically post Freedom of Information Act information.
Agency's Plan for Disposition of the Request: The board will consider the petition and public comments at its next scheduled meeting on June 25, 2010.
Public Comment Deadline: May 31, 2010.
Agency Contact: Linda B. Grasewicz, Regulatory Coordinator, Department of Behavioral Health and Developmental Services, 1220 Bank Street, P.O. Box 1797, Richmond, VA 23218-1797, telephone (804) 786-0040, or email linda.grasewicz@dbhds.virginia.gov.
VA.R. Doc. No. R10-60; Filed April 15, 2010, 3:39 p.m.
