Virginia Regulatory Town Hall
Department of Behavioral Health and Developmental Services
State Board of Behavioral Health and Developmental Services
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10/25/19  12:09 pm
Commenter: John Malone

Draft regulations comments 2


Criminal background and registry searches.

We request clarity around the requirement for 20% background checks. As currently written, a provider can run the same 20% every year. There is also a large expense associated with this requirement. Seeking clarity on what “annually” means; from hire date? From a specific date year year (i.e., every July). We anticipate the system becoming backlogged, will there be penalties if the checks are not back in time?


Full-time and part-time employee records.

Three job-related references may be unattainable for young employees new to employment. This requirement will deter providers from hiring young employees or even penalize those who have only worked one or two places. This can effect hiring, which will have a direct effect on being able to serve individuals.


Contracted Employees

There is question to the legality of the ability to obtain these documents from contracted agencies. Example, may be able to ask that an evaluation is done, but unsure that the contracted agency can share specifics. The requirements as written increases the amount of documentation and training required, which would prohibit service delivery. This makes the ability to retain contracted employees more difficult and reduces the ability to retain robust person-centered, continuity of care.


Employee Training

The requirement for the trainings as listed to be done within seven days is unrealistic and unfeasible. Those providers that are within the constructs of another agency (i.e., local government jurisdiction) are often bound by their onboarding training requirements. Additionally, medication administration training is a multiple day training that requires specific credentials for trainers. Many providers do not provide this onsite. Same is true for CPR/first aid. This requirement as written is an impediment to adequate service delivery and service choice to get staff trained within this short timeframes. The requirement for supervision prior to training is not defined and doesn’t allow for shadowing of seasoned peers.

CommentID: 76648