Virginia Regulatory Town Hall
Agency
Department of Behavioral Health and Developmental Services
 
Board
State Board of Behavioral Health and Developmental Services
 
Guidance Document Change: The purpose of this memorandum is to remind DBHDS licensed providers of the requirements and expectations for reporting serious incidents to the DBHDS Office of Licensing, pursuant to 12VAC35-46-1070.C. and 12VAC35-105-160.D.2., including the timeframe for reporting incidents; the process for reporting incidents; the allowable timeframe for adding to, amending, or correcting information reported to the Office of Licensing through the Computerized Human Rights Information System (CHRIS); and to inform providers of the processes that the Office of Licensing will follow for issuing citations, repeat citations and sanctions for violations of serious incident reporting requirements. In addition to ensuring all providers understand the regulatory requirements associated with reporting incidents, the processes outlined in this memo are central to the department’s efforts to address compliance indicators related to serious incident reporting as mandated by the US Department of Justice’s (DOJ) Settlement Agreement with Virginia.
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7/15/20  3:36 pm
Commenter: Dickson Sommers, HRCSB

Regulation to Create Much Bigger Issue = Fewer Providers
 

Those of us who choose to work in this field recognize that there is something beyond ourselves that we strive to be a part of, giving back to a community we value, and putting the needs of others at the forefront of our focus. We have choices when it comes to a vocation, and when selecting one in human services, we recognize that this career is not going to get us glory, or to be rich.  It is a calling.

 

It is frustrating when overseers appear to be constantly looking for reasons to reprimand.  We are not perfect, but we try hard to work with people to better their lives, teach them how to manage their circumstances, value connection, and be able to look beyond themselves to see what it is that they can be a part of. 

 

When I look beyond myself, I recognize that I am part of a statewide system providing care to others.  I encourage my staff to work as a team to meet the needs of the individuals we serve.  I recognize that my staff are human beings and I don’t expect perfection.  I do provide guidance and feedback when needed, and there is accountability in the working relationship I have with them. What I do not do is punish or demean staff for making an error.

 

We operate with an adaptation of the DBT Team Agreements, and the one I point out first is the “Fallibility Agreement” which states, “We understand ahead of time that we are each fallible and make mistakes. We understand that we have probably either done whatever problematic things we’re being accused of, or some part of it, so that we can let go of assuming a defensive stance to prove our virtue or competence.” Accountability is important. It helps us to grow and better ourselves. Being demeaned and punished for mistakes does not cultivate a healthy work dynamic

 

With this regulation, it would appear that before too long, there will be a fair number of quality service providers who are no longer providing services to those in their community as they have lost their license to do so.  This puts a significant strain on the remaining providers to pick up additional responsibilities and provide services to even more individuals in need.  This system of care is already very heavily governed.  I don’t believe that more top-down, heavy-hitting regulations are the best solution.  

 

Others have commented on the lack of details explaining how this is to be executed – or the fact that is has been implemented prior to the public comment period - so I will refrain from any further discourse regarding those aspects.

CommentID: 83894