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
Previous Comment     Back to List of Comments
10/14/20  11:59 pm
Commenter: Melanie Bond, Hampton-Newport News CSB

Too Subjective and Problematic a Requirement

The development and insertion of this proposed language is problematic for a number of reasons. Requiring a provider to produce a written statement regarding subjective parameters (e.g., character, fit) related to a candidate’s employment with a new employer is creating the potential for far reaching, negative ramifications for the previous employer and, possibly, the Department of Behavioral Health. A previous employer adequately satisfies their obligations by reporting to applicable entities (e.g., APS, CMS) and, at a minimum, verifying dates of employment, indicating whether an employee is eligible for rehire, etc. Any provision of information beyond this could result in complaints/grievances and legal action against the previous employer, as well as potentially jeopardizing a former employee’s chances at future employment. While there is certainly the need to ensure the most qualified workforce is recruited, this proposed regulatory update does not assist in this process.

CommentID: 87371