Public Comment on Human Rights Regulations

TO: Interested Parties

FROM: Wendy Brown, Policy Analyst
Office of Planning and Development

SUBJECT: Notice of 60-Day Public Comment Period 12 VAC 35-115-10 et seq.

Proposed Revisions: Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers of Mental Health, Mental Retardation and Substance Abuse Services

In accordance with Virginia Administrative Process Act, the State Mental Health, Mental Retardation and Substance Abuse Services Board (State Board) is requesting comments on the proposed revisions to the Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers of Mental Health, Mental Retardation and Substance Abuse (Human Rights Regulations). The proposed regulations are scheduled to be published in the Virginia Register of Regulations on September 18, 2006 and will also be available on the Department of Mental Health, Mental Retardation and Substance Abuse Services website at www.dmhmrsas.virginia.gov and the Virginia Regulatory Townhall at www.Townhall.virginia.gov. Your comments will be accepted through November 17, 2006.

Comments on the proposed revisions to the regulations may be provided in writing to the Department’s Office of Human Rights at the following addresses:

Mail: Office of Human Rights
1220 Bank Street
PO Box 1797
Richmond, Virginia 23218

Fax: 804-371-2308

Email: cohrreg@co.dmhmrsas.virginia.gov

The State Board will conduct public hearings on the proposed revisions to the regulations at the following locations:

October 11, 2006 from 4-6 pm
Valley Community Services Board
85 Sanger’s Lane
Staunton, VA 24401

October 17, 2006 from 4-6 pm
Mt. Rogers Community Mental Health & Mental Retardation Services
770 West Ridge Road
Wytheville, VA 24382

October 19, 2006 from 4 to 6 pm
Southern Virginia Mental Health Institute
382 Taylor Dr.
Danville, VA 24541

October 23, 2006--7PM to 9 PM
Stambaugh Building, (Conference Rooms 7E and 7F)
3033 Wilson Blvd.
Arlington, VA

October 24, 2006 from 4 to 6 pm
Hospitality Center
Norfolk CSB
6401 Tidewater Dr.
Norfolk, VA 23509

November 8, 2006 from 4 to 6 pm
Henrico Area Mental Health and Retardation Services
Conference Room C
10299 Woodman Rd.
Glen Allen, VA 23060

November 9, 2006 from 6-8pm
Fairfax County Government Center
12000 Government Center Parkway
Fairfax, VA 22035

Individuals providing comments on the regulations during a public hearing are encouraged to bring a written copy of their comments. Each speaker at a public hearing will be permitted 3 minutes for comment. Individuals requiring an interpreter or other type of accommodation should contact the State Board Office at 804-786-7945 no later than one week prior to the hearing.

If you have any questions about the process or would like a paper copy of the regulations or this request, please contact the Office of Human Rights at the above address.

Thank you for your participation in this regulatory process

Notice Of Intended Regulatory Action (NOIRA)

Timeline of Events

August 2004 Completed

The agency (State Board) authorizes the periodic review and requests public comment on any issue related to the review of the regulation

August 2004 thru November 15, 2004 Completed

Public comments may be submitted until 11/15/2004
The agency adopts recommendations for revising the regulation based on staff review and public comments

February 15, 2005 Completed

Not later than 90 days following the close of the public comment period, the agency files its periodic review report on the RegulatoryTownhall. This describes the types of changes that it proposes to make to the regulation and the provides background information for submission of a Notice of Intended Regulatory Action (NOIRA).

Spring 2005 Completed

NOTICE OF INTENDED REGULATORY ACTION (NOIRA)

The agency notifies the public that it is considering a regulatory change and provides a general description of the change that is being considered;
The notification (NOIRA) is published in the Virginia Register of Regulations and distributed to interested persons and organizations electronically and by mail;
The agency receives public comments for a minimum of 30 days; and
The agency reviews the public comments and develops the proposed regulation.

Fall 2006 Completed

Proposed revised regulation will be available for public comment beginning September 18, 2006 through November 17, 2006.

The agency provides the full text of the proposed regulation to the public;
The text of the regulation is published in the Virginia Register, posted on state websites, and may be mailed to interested persons and organizations.
The agency receives public comments for a minimum of 60 days;
The agency prepares a summary and response to the public comments and may revise the proposed regulation in response to the comments.
Request for comment

Date for Final Promulgation is September 19, 2007

The public is provided with the full text of the regulation with an explanation of any changes made since the proposed stage;
The text is published in the Virginia Register and posted on state websites;
There is a 30-day adoption period before the regulation is considered final.

Translations -

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