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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7/22/20  1:14 pm
Commenter: Ray Ratke

Changes are substantial and unattainable

I agree with other writers specifically with regard to the "prevent recurrence" language that is contained in this version of the regulations.  First, this language was not in the earlier version of the proposed regulations and it's addition in this version is a substantive change and should not have been inserted at this stage in the process.  Second, this new standard is beyond what can be reasonably expected and creates an environment where providers are going to fail and be at risk of losing their license.  Finally, this standard also creates a potential additional liability for providers as under this regulation the new definition of the standard of care is "perfection" even in situations where circumstances resulting in a negative event were out of the providers control.      

CommentID: 84082