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  2:51 pm
Commenter: James Cabaniss, Cabaniss Consultants

Inappropriate word ussage.

H. 12VAC35-105-170

If the provider determines the approved corrective action was fully implemented, but did not PREVENT the recurrence of a regulatory violation or correct systemic deficiencies...

PREVENT is a very powerful word and it does get thrown around quite a lot, Prevent Crime, Prevent car accidents, Prevent disease, Prevent drug abuse... Not one of these things can be Prevented, despite all the systemic interventions we have.

You also can not prevent behavior, yes it can be modified but never prevented. We deal with a population everyday, who because of genetics or environment, have learned to retreat to behavior learned early in life, that if people are not hearing you create chaos.

I would suggest that asking for prevention of anything is impossible. Please try a different approach.

Also, I very much resent the use of the word non-compliance being used frequently, through out this reg. I Find it offensive. While the definition may fit loosely, the connotation denotes intentional actions. I am fairly sure  that no provider wants to violate the regs. but it still happens.

Thank-you for your consideration.

James Cabaniss

CommentID: 84114