Pg. 45, 12VAC35-115-260.  B.1 Providers shall require their employees to "read" and become familiar with the human rights regulations.  The overarching provider entity provides orientation, annual training, testing, and points of contact for those who are steeped in the human rights regs for staff questions and concerns; however, it is a significant task for every employee to read all of the human rights regulations, including sections on administrative operations that have nothing to do with direct care staff duties.  Reverting back to requiring that employees "become familiar" with human rights regulations has resulted in a very low rate of founded human rights allegations currently, per the CHRIS data system. 

Pg 26, 12VAC35-115-145. B and B.1 Licensed professionals have successfully assessed and determined capacity to provide informed consent.  Has there been a surge of false assessments?  Limiting the types of professionals who can do capacity evaluations for BH and DD providers of any size agency will create a significant barrier to a person served having a supportive or authorized decision maker, which may delay service provision, coordination of resources and supports to meet social drivers of health, needed placements, perhaps even care coordination.  This barrier for community-based care will be similar to the barrier to discharge from state hospitals in trying to secure guardians for persons who require a guardianship.  This will create backlogs and a bottleneck, replacing the direct services a physician or psychologist can provide with schedules of capacity evaluations that have been provided successfully by LCSWs and LPC for years.  This doesn't appear to streamline operations or make anyone safer.