Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 115 - REGULATIONS TO ASSURE THE RIGHTS OF INDIVIDUALS RECEIVING SERVICES FROM PROVIDERS LICENSED, FUNDED, OR OPERATED BY THE DEPARTMENT OF BEHAVIORAL › Part IX - Responsibilities and Duties › Section 12VAC35-115-270 - State Human Rights Committee and local human rights committees responsibilities

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Local human rights committees shall:
1.
				  Review any restriction on the rights of any individual imposed pursuant to
				  12VAC35-115-50
				  or
				  12VAC35-115-100
				  that lasts longer than seven days or is imposed three or more times during a
				  30-day period for providers within the LHRC's jurisdiction in accordance with
				  12VAC35-115-100
				  B 5;
2. Review next friend
				  designations in accordance with
				  12VAC35-115-146
				  B 2;
3. Hold hearings according to
				  the procedures set forth in Part V (12VAC35-115-150
				  et seq.) of this chapter for any individual served by a provider under the
				  LHRC's jurisdiction;
4. Review
				  behavioral treatment plans in accordance with
				  12VAC35-115-105;
5. Receive, review, and act on applications
				  for variances to this chapter in accordance with
				  12VAC35-115-220;
6. Consist of five or more members appointed
				  by the SHRC.
a. Membership shall be broadly
				  representative of professional and consumer interests as required in §
												37.2-204
				  of the Code of Virginia.
b. At
				  least one member shall be a health care provider.
c. No current employee of the department or a
				  provider shall serve as a member of any LHRC that serves an oversight function
				  for the employing facility or provider.
d. Members shall recuse themselves from all
				  cases in which they have a financial or other conflict of interest.
e. Initial appointments to an LHRC shall be
				  staggered, with approximately one-third of the members appointed for terms of
				  three years, approximately one-third for terms of two years, and the remainder
				  for a term or terms of one year. After that, all appointments shall be for
				  terms of three years.
f. A person
				  may be appointed for no more than two consecutive three-year terms. A person
				  appointed to fill a vacancy may serve out that term and then be eligible for
				  two additional consecutive terms.
g. Nominations for membership to LHRCs shall
				  be submitted directly to the SHRC through the state human rights director at
				  the department's Office of Human Rights;
7. Elect a chairperson from its own members
				  who shall:
a. Coordinate the activities of the
				  LHRC; and
b. Preside at regular
				  meetings and hearings held pursuant to this chapter;
8. Meet every quarter or more frequently as
				  necessary to adhere to all timelines as set forth in this chapter;
				  and
9. Adopt written bylaws that
				  address procedures for conducting business; electing the chairperson,
				  secretary, and other officers; designating standing committees; and setting the
				  frequency of meetings.