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 Provision of provider statement to any other provider
Stage Fast-Track
Comment Period Ended on 10/14/2020
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9/14/20  4:11 pm
Commenter: Anonymous

Where is our protection?

So if the comment is that the person was unsatisfactory and therefore they do not get the position for which they applied and then they sue me or my agency, what protections or assistance is DBHDS offering? No way is anyone going to give a negative statement without protection from lawsuit. Likewise, if a positive statement is given and the person gets the job then later acts badly and claims the previous provider allowed it, what then? This is unenforceable and feels like lip service to show DOJ compliance. DBHDS needs to create a confidential database where contractors or employees terminated for cause can be listed without being attached to any one agency or employer if what they are concerned about is client safety, and DBHDS needs to staff it. 

CommentID: 84875