Virginia Regulatory Town Hall
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]
Action Compliance with Virginia’s Settlement Agreement with US DOJ
Stage Final
Comment Period Ended on 7/22/2020
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7/15/20  11:54 am
Commenter: Rob Slaubaugh Harrisonburg Rockingham CSB

Progressive actions for Repeat Citations sets impossible standard

The progressive actions for citations in violation of 12VAC35-105-160D.2 or 12VAC35-45-1070.c are too punitive and do not take leave room for human error or even with possible corrective action plans in place from prior citations. The standard of no less than 4 occurrences in a two year period will be an impossible one to keep for providers and if enforced as written could have a negative effect on the provider availability for individuals with disabilities.  It is already difficulty enough to find and train staff as a provider in a field that is already struggling to pay the work force at a competitive rate without having to make no more than 4 honest errors in the course of two years without having to worry about your license being suspended.


CommentID: 83892