Virginia Regulatory Town Hall
Department of Behavioral Health and Developmental Services
State Board of Behavioral Health and Developmental Services
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10/31/19  12:06 pm
Commenter: Jennifer G. Fidura, Virginia Network of Private Providers

Summary Comments

12VAC35-106-20 “Change of ownership“ 

There are several issues with this definition as applied in 12VAC35-106-80; specifically, many business structures permit/require “ownership” by an individual (LLC, S-Corp, sole proprietorship, partnerships, etc) and the death (or, in some cases, the disability) of that individual means that the “ownership” has changed at the time of death – likely not anticipated 90 days in advance!  We have suggested that in the instances where ownership is by an individual, the provider be expected to develop a plan for succession.  We have provided suggested language.

We also suggest that you clarify in 12VAC35-106-80 that change of ownership involving the acquisition by a provider currently licensed in Virginia to provide the services being acquired would not result in those services being placed on a conditional license.

12VAC35-106-60 F

Remove the “one hour” requirement – it is unreasonable for so many reasons!

12VAC35-106-70 F

This does not include any provisions for alerting the provider in advance, insuring that all individuals served are given ample time to identify another provider, etc

12VAC35-106-180, 190, 200

As discussed during the Regulatory Advisory Panel, this entire section is too prescriptive and is not easily applicable to many provider structures nor operational necessities.  The entire Article is problematic.

12VAC35-106-240 A

#1. Requests for criminal background checks can not be completed until the individual is on-board.  The phrase in #1 “no later than the first date of employment” is potential a problematic as the individual would have to be at the site where the FieldPrint request to schedule an appointment could be done.  This may not always be the case.

The use of any founded complain the CPS Registry may be a significant barrier for individuals with a history of metal illness or substance use disorder

#2. This is clearly a barrier – results of criminal background checks take two to four weeks to be received by the provider.  The expectation that an employee with be under the “direct supervision” of someone whose background checks has been done clearly excludes even working with a more senior staff member (not in a supervisory capacity and may not qualify as a “supervisor” under the regulations) and prevents anyone from working in a program designed to be 1:1. 

#3. What action do you take when the background check confirms there is no criminal history?

B. Reference back to the applicable Code sections which require the criminal background checks to claify that this policy should apply to persons in direct care positions.

12VAC35-106-250 A.

#9. Remove the reference to a Virginia Driver’s license and replace it with “a valid driver’s license”

#13. Either remove the reference to competency “testing” or as “as applicable”



  1. #8   Note only if serving in a direct care position

    #9   See comment on driver’s license above

    #10, #11, #13            Performance evaluations, disciplinary action, personnel files imply an employee/employer relationship; delete these items (Items #3, #5 and #6 also imply employment)

  2. “Information regarding the contractor and the work performed shall be retained in accordance with law and regulation”
  3. Remove the word “personnel”

    Remove the references to “contractor” in 106-340 also.


    The timeframes imposed in B are not appropriate and make assumptions about training required which are unreasonable.  This entire section needs revision.


    #2 Add “making purchases”



    H           If you are going to use a citation, use Medicaid as the authority not Board of Medicine.


    Emergency Preparedness – We have had several conversations both at the RAP and with the Director of Emergency Preparedness individually – we expect that changes will be made to this section.



CommentID: 76801