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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7/21/20  12:41 pm
Commenter: Elisabeth Poe

Unreasonable expectations

I am writing to express my concern at substantial and significant changes which were made to the proposed Licensing regulations which were previously published. These changes are both inconsistent and unachievable in the real world. Under 12VAC35-105-170.C.1, it states that "The corrective action plan shall include a  detailed description of the corrective actions to be taken that will minimize the possibility that the violation will occur again and correct any system deficiencies."  All providers strive to provide consistent and quality care to individuals through the development of clear protocols, policies, and staff training. We work to minimize variance from expectations but we work in multiple locations with numerous employees, different clients, families, and the all the uncontrollable variables in the environment. We are not all powerful and thus cannot possibly prevent any recurrence of a cited violation. The requirement, in section 170.H.1, of the above referenced regulation, which states providers will "prevent recurrences"  is inconsistent with efforts to minimize and is unreasonable. Similarly, in 12VAC35-105-620.D.3, the statement about "preventing recurrence "of cited violations is a guarantee that providers will fail, despite their best efforts.We ask that the current language of 170 H and 620 D be removed from these regulations.

CommentID: 83949