State Proposes Minimum Certification Standards for Recovery Residences: Comments Due by September 25

Pursuant to legislation adopted in the 2026 General Assembly session, the Virginia Department of Behavioral Health and Development Services (DBHDS) is required to promulgate regulations establishing minimum certification standards for recovery residences, as specified in the new law. Draft regulations (Recovery-Residence-Workgroup-draft.pdf) are now available for comment, which can be submitted on the Virginia Regulatory Town Hall Public Comment Forum – see Public comment on draft amendments to the Certified Recovery Residences Regulations (Chapter 260).

The legislation also requires DBHDS to monitor credentialing agencies providing credentials to recovery residences to ensure criteria related to certification comply with regulations and specifies that (1) no such credentialing agency shall provide credentials to a recovery residence that is owned or operated by an individual who is employed by or in a position of authority at such credentialing agency, or an immediate family member of any such individual; and (2) that referrals to recovery residences made by the DBHDS, any agency of the Commonwealth, or a court may only be made to recovery residences that are certified.

The 2026 legislation was the product of discussion in a workgroup convened at the direction of legislation that passed in 2025.  VACo was represented on the workgroup by experts from Henrico County, Chesterfield County, and Fairfax County.  In addition to the regulations, the law also directs DBHDS to continue to convene the workgroup and make findings and recommendations on an annual basis (till 2030) to the General Assembly on issues related to oversight, and ensuring public transparency, in the operation of certified recovery residences.

VACo Contacts: Joe Lerch, AICP and Katie Boyle

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