12VAC-106-30.                  Licenses.

3. For residential and inpatient services, the license identifies the number of individuals each residential location may serve at a given time. For non-residential services, the license identifies the maximum capacity of individuals the provider may serve at a given time. 

Comment:          Need clarification on “maximum capacity”.  Many day support programs have individuals who attend on a part-time basis, anywhere from one to five days per week.  Propose a maximum capacity per day.

12VAC35-106-240.           Criminal Background Checks.

1. The documentation necessary to conduct the criminal history background check shall be submitted no later than the first date of employment.

Comment:          This is not always feasible, getting an appointment at a reasonable time or convenient location is not always possible.  Propose that it be submitted within the first 3 business days of employment.

12VAC35-106-250.           Full-Time and Part-Time Employee Records.

5. Three job-related references supporting the knowledge, skills, and abilities of the minimum qualifications according to the job description;

Comment:          This may not always be possible with applicant’s new to the workforce.  During this severe workforce crisis, this would negatively impact a provider’s ability to fill much needed positions.

9. Evidence of a Virginia driver’s license and driving record by the Virginia Department of Motor Vehicles for employees transporting individuals;

Comment:          Many providers have employees that come from adjoining states and do not hold Virginia driver’s licenses.  It would also be problematic for military families who may retain their licenses from their home state.  Propose that the applicant/employee hold a valid driver’s license.  In addition, why do all applicants have to have a driver’s license?  There are positions where transporting individuals is not in their job descriptions.

12VAC35-106-260. Contracted Employees

Comment:          The definition of contracted employee or contractor provided earlier in these regulations states “contracted employee or contractor means a person that enters into an agreement with a provider to provide specialized services for a specified period of time.”  This definition does not specify what types of specialized services.  Does this only apply to contractors who provide services to individuals receiving services?  In addition, the requirement of a Virginia Driver’s License would prevent providers from hiring such contractors from adjoining states or military families.

12VAC35-106-300.           Employee Training.

1. Required initial training: Within 7 business days following an employee or contractor’s start date, each employee or contractor responsible for supervision of individuals receiving services shall receive basic orientation and training regarding: a) the provider’s behavior intervention policies procedures and techniques regarding less restrictive interventions, timeout, and physical restraint; b) Cardiopulmonary resuscitation (CPR) and first aid training issued by the American Red Cross, the American Heart Association, or comparable authority in standard first aid and CPR. The training shall have a certification process which shall include a hands-on, in-person demonstration of CPR competency. Employees who are certified as an emergency medical technician shall be deemed to have fulfilled this requirement; and c) medication administration including basic pharmacology and medication side effects.

Comment:          This requirement is not feasible as medication administration is a multiple day training, and the other two are all day training.  Many providers do not have in-house trainers, requiring them to obtain this training elsewhere, and those that do, often use persons on staff to provide these trainings.  Being able to free up a trainer within 7 business days of each new hire is not feasible.  In addition, medication administration is not a job duty for all staff who provide services to individuals, it is more reasonable that this training be required prior to administering medications to individuals.

Overall, the amount of required training within the first fourteen business days is daunting and unlikely to be possible for many providers.

12VAC35-106-310.           Notification of policy changes.

B. The provider shall notify the department of any changes to policies required by this regulatory chapter prior to implementation of the change.

Comment:          This requirement does not indicate the time frame for the Office of Licensing’s response, or even if one is required prior to the provider implementing the policy, only that they need to notify the department.  This impedes a provider’s ability to make prompt changes to respond to internal needs.  The Licensing Specialists can review any policies when then come to do their regular site visits, including recently created and revised policies.