VDH competes with private business

Problem Statement

“…VDH competes with private business with an unfair and conflict of interest
advantage of being paid by the State to compete with private business."
--- (E.L. Hamm)

As of July 1, 2009, the Virginia Department of Health (VDH) was expected, per Code of Virginia, to transfer the Agency's program for the design and evaluation of onsite sewage systems to the Department of Professional and Occupational Regulation (DPOR). In addition, the VDH health inspector, also known as an Environmental Health Specialist (EHS), would continue with regulatory responsibilities to review and inspect onsite sewage system applications as an environmental health official, not unlike the duties performed by local building code officials.

Since that time, VDH has resisted adopting changes to its 50 year old business model, despite
stakeholder inputs and recommendations. VDH continues to defend the old business model rather than do what was expected. By most accounts, VDH is now struggling to administer many aspects of its program effectively. Certain basic expectations are going unmet since VDH is still overemphasizing the direct delivery of services instead of their role as code official. Furthermore, VDH has failed to account, document, or track the extent to which any progress toward this transition is taking place.

The Virginia Department of Health (VDH) should stop performing direct service delivery to the
greatest extent possible due to the appearance of a conflict of interest, which seems unavoidable. Furthermore, return VDH to its legislative purpose or authority to administer, inventory, and ensure regulatory compliance of onsite sewage systems through inspection and enforcement.