106-20—Definitions - Implication of 2 documents for DD there is one full comprehensive document—suggest language review.

106-40—Clarification of maximum capacity of individuals by provider

106-60 –Inspection requirements-(f) required records on site within 1 hour-unrealistic timeframe, due to varying locations within an area served

106-80—Changes to Licenses-service modifications due to DBHDS at least 45 days prior to the change has a potential negative impact to providers. DBHDS’s timeframe is NOT defined for responsiveness

106-240 A3 – Annual criminal history background checks for 20% of existing employees puts an unnecessary burden on agencies administratively and financially.  If policies are in place for employees to notify the employer of any arrests and/or convictions or an employer reserves the right to conduct criminal history checks for cause, is this not sufficient?

106-240—Providers conduct a minimum of 20% of background and registry checks on exiting employees annually--***

106-250— Results of Criminal Background checks being placed within a file within 3 business days of being received - how would that be documented?

106-250 A2 – Official transcripts may be difficult or impossible to obtain if schools have closed or an extended period of time has elapsed since time of graduation.  Unofficial transcripts should be acceptable if sufficient attempts have been made to obtain an official copy. 

106-250 A5 – Three job related references supporting knowledge, skills and abilities.  Many employers simply do not supply references that are this descriptive, if they supply any at all.   Most respond with job title, dates of employment and, at times eligibility for rehire. Three references may not be possible for young employees just entering the workforce or tenured employees that have only worked for one or two employers. Define “reasonable”.  This is very vague and can be interpreted differently by licensing reviewer and/or employer.

106-250 A9 – Evidence of Virginia driver’s license would extremely limit the applicant pool.  With an area saturated with military this may be borderline discriminatory since members of the military and their spouses are not required to hold a driver’s license in their current state of deployment.  Employers that are located near bordering states would also be restricted by this requirement.

106-260 – Define Contracted Employees

106-B3.  Temporary workers obtained through a temp agency are not in fact employees.  Obtaining some of these documents could be problematic.

106-300 A – Define competency testing.  Pass/fail requirement only?  Grading scale?  Is this required for all training and development?

106-300 B – Required initial training within 7 business days following the start date is unrealistic.  Medication Administration is a 32 hour course alone.  CPR/First Aid and Behavior Management are instructor lead classes that may not be obtainable within the first 7 days.CPR/First Aid – Will this be required for every employee?  Conflicts with 1 person, per shift, per location be certified.Are RN’s required to be certified in CPR/First Aid? CPR/First Aid certification through the Red Cross is valid for two years.  Requiring annual certification would be administratively and financially unnecessary and burdensome.

106-560 B – Not allowing an employee with a driving under the influence or reckless driving conviction in the past two years if the employee has an otherwise qualifying driving record, could restrict program resources and inhibit continuity of care.