Virginia Administrative Code
Title 12 - HEALTH
Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

AGENCY SUMMARY

The Department of Behavioral Health and Developmental Services is authorized by Chapters 3 (§ 37.2-300 et seq.) and 7 (§ 37.2-700 et seq.) of Title 37.2 of the Code of Virginia to operate state hospitals, training centers, and other facilities (state facilities) for the evaluation, treatment, training, or habilitation of individuals with mental health or substance use disorders or intellectual disability (mental retardation). The department is authorized by Chapter 9 (§ 37.2-900 et seq.) of Title 37.2 of the Code of Virginia to operate a state facility for the rehabilitation of sexually violent predators. Finally, the department is authorized by Chapters 5 (§ 37.2-500 et seq.) and 6 (§ 37.2-600 et seq.) of Title 37.2 of the Code of Virginia to fund and contract with community services boards (CSBs) and behavioral health authorities (BHAs), respectively, for the purposes of establishing, maintaining, and promoting the development of behavioral health (mental health and substance abuse) and developmental (mental retardation) prevention, early intervention, treatment, and habilitation services.

The department is responsible for the administration, planning, and regulation of substance abuse services in the Commonwealth and for reviewing and commenting on all applications for state or federal funds or services to be used in substance abuse programs. The department shall develop and act as the sole state agency for planning, coordinating, and evaluating the comprehensive interagency state plan for substance abuse services; report biannually to the General Assembly on this plan and the departments activities in administering, planning, and regulating substance abuse services; provide technical assistance and consultation services to state and local agencies in planning, developing, and implementing services for individuals with substance use disorders; and organize and foster training programs for all persons engaged in the treatment of substance use disorders. See §§ 37.2-309, 37.2-310, and 37.2-311 of Title 37.2 of the Code of Virginia. The department is required by § 37.2-312 of the Code of Virginia to provide for the education and training of school-age individuals in state facilities, and it is required by § 37.2-314 of Title 37.2 to conduct background checks on individuals it hires in state facilities.

The department is required by § 37.2-315 of the Code of Virginia to develop and update biennially, in consultation with CSBs, BHAs, state facilities, individuals receiving services, their families, advocacy organizations, and other interested parties, a six-year comprehensive state plan for behavioral health and developmental services. The department is authorized by § 23-38.2 of the Code of Virginia to provide scholarships for study in the various professions and skills that deal with the treatment, training, and care of individuals with mental health disorders and intellectual disability.

The department is responsible for implementing the human rights regulations adopted by the state board, pursuant to § 37.2-400 of the Code of Virginia, that assure the rights of individuals in hospitals, training centers, other facilities, and programs operated, funded, or licensed by it, and the department receives nonprivileged information and statistical data related to these regulations from public and private facilities and programs licensed or funded by it. Section 37.2-402 of the Code of Virginia requires the state board to adopt regulations to implement the provisions of Chapter 5.1 (§ 32.1-162.16 et seq.) of Title 32.1 for human research conducted or authorized by the department, any CSB or BHA, or any other facility or program operated, funded, or licensed by the department.

The department, subject to regulations adopted by the state board, is authorized to license providers of services to individuals with mental health or substance use disorders or intellectual disability; individuals who receive day support, in-home support, or crisis stabilization services through the Individual and Families Developmental Disabilities Support Waiver; individuals who receive services under the Brain Injury Waiver; and individuals with brain injury who receive residential services. The commissioner of the department is authorized to impose sanctions on licensees and to summarily suspend adult facility licenses in certain circumstances. The state board is required to adopt regulations governing advertising practices of any licensed provider and may adopt regulations specifying the maximum number of individuals to be served in any intermediate care facility for individuals with intellectual disability. The state board shall adopt regulations to allow the department to assist and cooperate with other state departments in fulfilling their respective licensing and certification responsibilities. See Article 2 (§ 37.2-403 et seq.) of Chapter 4 of Title 37.2 of the Code of Virginia.

The commissioner or the department is authorized by Article 1 (§ 37.2-700 et seq.) of Chapter 7 of Title 37.2 of the Code of Virginia to carry out responsibilities and functions related to the operation of state facilities, including establishing and operating geriatric units and hospitals for older adults; establishing and maintaining efficient, uniform recordkeeping systems; receiving and expending social security and other federal payments for individuals in state facilities; receiving private funds for individuals in state facilities; and exchanging information about individuals in state facilities with CSBs and BHAs. The department is authorized by Article 2 (§ 37.2-715 et seq.) of Chapter 7 of Title 37.2 to collect expenses for their care, treatment or training, and maintenance from individuals in state facilities, parties responsible for support of those individuals, or their estates and depositing any funds it collects in the special revenue fund.

The department is authorized by § 37.2-807 of the Code of Virginia to provide emergency admissions to or respite care in its training centers, pursuant to regulations adopted by the state board. It provides voluntary and involuntary treatment, training, or habilitation in its state facilities pursuant to Articles 2 (§ 37.2-805 ) and 5 (§ 37.2-814 et seq.) of Chapter 8 of Title 37.2. Article 7 (§ 37.2-837 et seq.) of Chapter 8 authorizes the department to discharge and place individuals from state facilities in community settings, transfer individuals among its facilities and to other facilities, and provide medications to individuals discharged from state facilities.

The Governor has designated the department as the lead agency for early intervention services provided through Part C of the Individuals with Disabilities Education Act ( 20 USC § 1431 et seq.). The duties of the department include promulgating regulations and adopting policies and procedures to implement an early intervention services system and assure consistent and equitable access to such services in consultation with participating agencies, contracting with local lead agencies for implementation of the early intervention services system statewide, providing technical assistance to local early intervention systems, and establishing an interagency system of monitoring and supervising the early intervention system. See Chapter 53 (§ 2.2-5300 et seq.) of Title 2.2 of the Code of Virginia.

The department operates under the supervision of the Secretary of Health and Human Resources. Regulations are available from the Office of Planning and Development, Jefferson Building, 1220 Bank Street, P.O. Box 1797, Richmond, VA 23218-1797. Internet address: http://www.dbhds.virginia.gov

2013