Virginia Regulatory Town Hall View Chapter

Department of Behavioral Health and Developmental Services

State Board of Behavioral Health and Developmental Services

Rules and Regulations For Licensing Providers by the Department of Behavioral Health and Developmental Services [12 VAC 35 ‑ 105]

Guidance Documents

Chapter Information

Description	Provides specific standards for licensing of organizations and facilities that provide behavioral health and developmental disability services.
State Authority	Virginia Code Sections 37.2-100 and §§ 37.2-400 - 37.2-432.
Federal Authority	None entered
Text of Regulation	Link to Virginia Administrative Code
Goals of Regulation	To clearly articulate adequate health, safety, care and treatment requirements to assure that individuals receive safe and protected behavioral health and developmental disability services that are appropriate to their needs and levels of functioning. To clearly articulate Department procedures and actions necessary to implement regulatory requirements with the least possible cost, intrusiveness to consumers, families, and provider organizations. To provide clear and precise criteria for (a) determining mental health, developmental disability, and substance abuse program accountability and, program compliance with regulatory requirements, and (b) taking actions to enforce compliance.
Meetings	See all meetings (12) relating to this chapter.

Contact Information

Name / Title:	Susan Puglisi / Regulatory Research Specialist
Address:	Jefferson Building 1220 Bank St., 4th Floor Richmond, VA 23219
Email Address:	susan.puglisi@dbhds.virginia.gov
Telephone:	()- FAX: (804)371-6638 TDD: (804)371-8977

Action Title	Latest Stage	Status
Current Actions
Technical and clarifying revisions regarding crisis services	Fast-Track	Attorney General review in progress.
Regulatory Overhaul- Repeal and Replace (Part 7 of 7)	NOIRA	Governor's office review in progress.
Alignment with Other State Agency Regulations	Fast-Track	Attorney General review in progress.
Regulatory Overhaul	NOIRA	Stage withdrawn on 04/11/2025 before DPB completed its review.
Amendments for Medication for Opioid Use Disorder (MOUD)	Fast-Track	Governor's office review in progress.
Noncontroversial Regulatory Reductions per ED1	Fast-Track	Stage complete. This regulation became effective on 06/19/2025.
Valid discharge plans (Ch 808, 2024 Acts of Assembly)	Fast-Track	Secretary of Health and Human Resources review in progress.
Recently Added DBHDS Licensing Requirement regarding Negative Actions	Fast-Track	Secretary of Health and Human Resources review in progress.

Action Title	Latest Stage	Status
Past Actions
Amendments for Qualified Mental Health Professional (QMHP) and QMHP-Trainee (QMHP-T) pursuant to Chapter 595 (SB 403) of the 2024 Acts of Assembly	Final	Stage complete. This regulation became effective on 06/18/2025.
Amendments to ensure that licensing and human rights regulations support high-quality mental health services.	Final	Stage complete. This regulation became effective on 07/17/2024.
Integration of the Final Federal Rule: Registration Requirements for Narcotic Treatment Programs with Mobile Components into the Licensing Regulations	Fast-Track	Stage complete. This regulation became effective on 12/05/2024.
Amendments to align with enhanced behavioral health services	Final	Stage complete. This regulation became effective on 02/17/2023.
Amendments to align with ASAM criteria	Final	Stage complete. This regulation became effective on 02/17/2023.
Allowing a grace period for documentation of ISPs	Final	Stage complete. This regulation became effective on 03/04/2021.
Compliance with Virginia’s Settlement Agreement with US DOJ	Final	Stage complete. This regulation became effective on 08/01/2020.
Provision of provider statement to any other provider	Fast-Track	Stage complete. This regulation became effective on 10/30/2020.
Add OTs, OTAs, and editing definitions of QMHP, QMRP, Paraprofessionals per Ch 136 and 418 (2017)	Final	Stage complete. This regulation became effective on 06/15/2019.
Adding 'Licensed Psychiatric/Mental Health Nurse Practitioner' to the Definition of LMHP	Fast-Track	Stage complete. This regulation became effective on 02/21/2019.
Add Licensed Behavior Analysts to the Definition of Licensed Mental Health Professional	Fast-Track	Stage complete. This regulation became effective on 11/29/2018.
Align language to Code for geographic exceptions for licensed providers of opiate addiction treatment	Fast-Track	Stage complete. This regulation became effective on 10/06/2017.
General revisions to clarify, update, simplify and align with current code provisions	Final	Stage complete. This regulation became effective on 12/07/2011.
Addition of provisions to issue an order of summary suspension of the license	Final	Stage complete. This regulation became effective on 02/20/2008.
Addition of provisions for licensing providers residential services for persons with brain injury and under the Brain Injury Waiver	Final	Stage complete. This regulation became effective on 02/22/2007.
Addition of standards to evaluate the need and appropriateness for the issuance of new licenses to certain providers in accordance with 2005 amendments to the Code of Virginia	Final	Stage complete. This regulation became effective on 07/10/2007.
Addition of standards to implement the provisions of Chapter 7 of the 2005 Virginia Acts of Assembly.	Emergency	Stage withdrawn on 10/18/2005 before DPB completed its review.
Incorporate provisions for licensing services funded through the Individual and Family Developmental Disabilities Support (IFDDS) Waiver.	Final	Stage complete. This regulation became effective on 09/18/2003.
Promulgate a new regulation to provide standards for licensing providers of mental health mental retardation and substance abuse services.	Final	Stage complete. This regulation became effective on 09/19/2002.

Action Title	Latest Stage	Status
Withdrawn Actions
Recently Added DBHDS Licensing Requirement regarding Negative Actions	Fast-Track	Stage withdrawn on 07/24/2024 before Attorney General's office completed its review.
Revisions to establish licensing fees	NOIRA	Stage withdrawn on 09/09/2015 after the comment period had ended.
CH 0105 New Section 45: Application Fees.	Emergency/NOIRA	Stage withdrawn on 09/09/2015 prior to submitting for AG review.

Last Activity	Status
Periodic Reviews
2/22/2022 Agency Completed	Amend
10/11/2017 Agency Completed	Amend
5/3/2013 Agency Completed	Retain As Is
8/30/2006 Agency Completed	Amend