reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 1 - Management and Administration › Section 12VAC35-105-240 - Policy on funds of individuals receiving services

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provider shall implement a policy for
					 handling funds of individuals receiving services, including providing for
					 separate accounting of individual funds.
B. The provider shall have documented
					 financial controls to minimize the risk of theft or embezzlement of funds of
					 individuals receiving services.
C.
					 The provider shall purchase a surety bond or otherwise provide assurance for
					 the security of all funds of individuals receiving services deposited with the
					 provider.
Statutory Authority
§ 37.2-203 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 1 - Management and Administration › Section 12VAC35-105-250 - Deceptive or false advertising

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 The provider shall not use any advertising that contains false, misleading or
					 deceptive statements or claims, or false or misleading disclosure of fees and
					 payment for services.
B. The
					 provider's name and service names shall not imply the provider is offering
					 services for which it is not licensed.
Statutory Authority
§ 37.2-203 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 2 - Physical Environment › Section 12VAC35-105-260 - Building inspection and classification

Current through Register Vol. 40, No. 24, July 15, 2024
All locations shall be inspected and approved as required
						by the appropriate building regulatory entity. Documentation of approval shall
						be a Certificate of Use and Occupancy indicating the building is classified for
						its proposed licensed purpose. The provider shall submit a copy of the
						Certificate of Use and Occupancy to the department for new locations. This
						section does not apply to correctional facilities or home and noncenter-based
						services. Sponsored residential service providers shall certify that their
						sponsored residential homes comply with this regulation.
Statutory Authority
§ 37.2-203 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 2 - Physical Environment › Section 12VAC35-105-265 - Floor plans

Current through Register Vol. 40, No. 24, July 15, 2024
All services shall submit floor plans with room
						dimensions to the department for new locations. This does not apply to home or
						noncenter-based services.
Statutory Authority
§ 37.2-203 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 2 - Physical Environment › Section 12VAC35-105-270 - Building modifications

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 provider shall submit building plans and specifications for any planned
					 construction at a new location, changes in the use of existing locations, and
					 any structural modifications or additions to existing locations where services
					 are provided for review by the department to determine compliance with the
					 licensing regulations. This section does not apply to correctional facilities,
					 jails, or home and noncenter-based services.
B. The provider shall submit an interim plan
					 to the department addressing safety and continued service delivery if new
					 construction involving structural modifications or additions to existing
					 buildings is planned.
Statutory Authority
§ 37.2-203 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 2 - Physical Environment › Section 12VAC35-105-280 - Physical environment

Current through Register Vol. 40, No. 24, July 15, 2024
A. The physical
					 environment, design, structure, furnishings, and lighting shall be appropriate
					 to the individuals served and the services provided.
B. The physical environment shall be
					 accessible to individuals with physical and sensory disabilities, if
					 applicable.
C. The physical
					 environment and furnishings shall be clean, dry, free of foul odors, safe, and
					 well-maintained.
D. Floor surfaces
					 and floor coverings shall promote mobility in areas used by individuals and
					 shall promote maintenance of sanitary conditions.
E. The physical environment shall be well
					 ventilated. Temperatures shall be maintained between 65°F and 80°F in
					 all areas used by individuals.
F.
					 Adequate hot and cold running water of a safe and appropriate temperature shall
					 be available. Hot water accessible to individuals being served shall be
					 maintained within a range of 100° to 110°F. If temperatures cannot be
					 maintained within the specified range, the provider shall make provisions for
					 protecting individuals from injury due to scalding.
G. Lighting shall be sufficient for the
					 activities being performed and all areas within buildings and outside entrances
					 and parking areas shall be lighted for safety.
H. Recycling, composting, and garbage
					 disposal shall not create a nuisance, permit transmission of disease, or create
					 a breeding place for insects or rodents.
I. If smoking is permitted, the provider
					 shall make provisions for alternate smoking areas that are separate from the
					 service environment. This subsection does not apply to home-based
					 services.
J. For all program areas
					 added after September 19, 2002, minimum room height shall be 7-1/2
					 feet.
K. This section does not
					 apply to home-based and noncenter-based or crisis services. Sponsored
					 residential services shall certify compliance of sponsored residential homes
					 with this section.
Statutory Authority: §§
													37.2-302 and
						  37.2-400 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 2 - Physical Environment › Section 12VAC35-105-290 - Food service inspections

Current through Register Vol. 40, No. 24, July 15, 2024
Any location where the provider is responsible for
						preparing or serving food shall request inspection and shall obtain approval by
						state or local health authorities regarding food service and general sanitation
						at the time of the original application and annually thereafter. Documentation
						of the most recent three inspections and approval shall be kept on file. This
						section does not apply to sponsored residential services or to group homes or
						community residential homes.
Statutory Authority
§ 37.2-203 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 2 - Physical Environment › Section 12VAC35-105-300 - Sewer and water inspections

Current through Register Vol. 40, No. 24, July 15, 2024
A. Service locations shall be on a public
					 water and sewage system or on a nonpublic water and sewage system. Prior to a
					 location being licensed, the provider shall obtain the report from the building
					 inspector pertaining to the septic system and its capacity. Nonpublic water and
					 sewer systems shall be maintained in good working order and in compliance with
					 local and state laws. Providers of sponsored residential home services shall
					 certify that their sponsored residential homes comply with this
					 section.
B. Service locations that
					 are not on a public water system shall have a water sample tested prior to
					 being licensed and annually by an accredited, independent laboratory for the
					 absence of chloroform. The water sample shall also be tested for lead or
					 nitrates if recommended by the local health department. Documentation of the
					 three most recent inspections shall be kept on file.
Statutory Authority
§ 37.2-203 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 2 - Physical Environment › Section 12VAC35-105-310 - Weapons

Current through Register Vol. 40, No. 24, July 15, 2024
The provider or facility shall have and implement a
						written policy governing the use and possession of firearms, pellet guns, air
						rifles, and other weapons on the premises, including parking areas, of the
						provider's services. The policy shall provide that no firearms, pellet guns,
						air rifles, and other weapons shall be permitted unless the weapons are:
1. In the possession of licensed security or
					 sworn law-enforcement personnel;
2.
					 Kept securely under lock and key; or
3. Used under the supervision of a
					 responsible adult in accordance with policies and procedures developed by the
					 provider for the weapons' lawful and safe use.
Statutory Authority
§ 37.2-203 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 2 - Physical Environment › Section 12VAC35-105-320 - Fire inspections

Current through Register Vol. 40, No. 24, July 15, 2024
The provider shall document at the time of its original
						application and annually thereafter that buildings and equipment in residential
						service locations serving more than eight individuals are maintained in
						accordance with the Virginia Statewide Fire Prevention Code (13VAC5-51). This
						section does not apply to correctional facilities or home and noncenter-based
						or sponsored residential home services.
Statutory Authority: §§
													37.2-302
						  and
						  37.2-400
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 2 - Physical Environment › Section 12VAC35-105-325 - Community liaison

Current through Register Vol. 40, No. 24, July 15, 2024
Each residential service shall designate a staff person
						as a community liaison responsible for facilitating cooperative relationships
						with neighbors, local law-enforcement personnel, local government officials,
						and the community at large.
Statutory Authority
§ 37.2-203 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 3 - Physical Environment of Residential and Inpatient Service Locations › Section 12VAC35-105-330 - Beds

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 provider shall not operate more beds than the number for which its service
					 location is licensed.
B. An ICF/IID
					 may not have more than 12 beds at any one location. This applies to new
					 applications for services and not to existing services or locations licensed
					 prior to December 7, 2011.
C. This
					 section does not apply to crisis services as crisis services shall comply with
					 Part VIII of this chapter.
Statutory Authority: §§
													37.2-302 and
						  37.2-400 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 3 - Physical Environment of Residential and Inpatient Service Locations › Section 12VAC35-105-340 - Bedrooms

Current through Register Vol. 40, No. 24, July 15, 2024
A. Bedrooms
					 shall meet the following square footage requirements:
1. Single occupancy bedrooms shall have no
					 less than 80 square feet of floor space.
2. Multiple occupancy bedrooms shall have no
					 less than 60 square feet of floor space per individual.
3. This subsection does not apply to
					 community gero-psychiatric residential services.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 3 - Physical Environment of Residential and Inpatient Service Locations › Section 12VAC35-105-350 - Condition of beds

Current through Register Vol. 40, No. 24, July 15, 2024
A. Beds shall be
					 clean, comfortable, and equipped with a mattress, pillow, blankets, and bed
					 linens. When a bed is soiled, providers shall assist individuals with bathing
					 as needed, and provide clean clothing and bed linens. Providers of sponsored
					 residential home services shall certify that their sponsored residential homes
					 comply with this section.
B. This
					 section does not apply to crisis services as crisis services shall comply with
					 Part VIII of this chapter.
Statutory Authority: §§
													37.2-302 and
						  37.2-400 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 3 - Physical Environment of Residential and Inpatient Service Locations › Section 12VAC35-105-360 - Privacy

Current through Register Vol. 40, No. 24, July 15, 2024
A. Bedroom
					 and bathroom windows and doors shall provide privacy.
B. Bathrooms intended for use by more than
					 one individual at the same time shall provide privacy for showers and
					 toilets.
C. No required path of
					 travel to the bathroom shall be through another bedroom.
D. This section does not apply to
					 correctional facilities and jails or crisis services. Providers of sponsored
					 residential home services shall certify that their sponsored residential homes
					 comply with this section.
Statutory Authority: §§
													37.2-302 and
						  37.2-400 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 3 - Physical Environment of Residential and Inpatient Service Locations › Section 12VAC35-105-370 - Ratios of toilets, basins, and showers or baths

Current through Register Vol. 40, No. 24, July 15, 2024
For all residential and inpatient locations established,
						constructed, or reconstructed after January 13, 1995, there shall be at least
						one toilet, one hand basin, and shower or bath for every four individuals. This
						section does not apply to correctional facilities or jails or crisis services.
						Providers of sponsored residential home services shall certify that their
						sponsored residential homes comply with this section.
Statutory Authority: §§
													37.2-302 and
						  37.2-400 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 3 - Physical Environment of Residential and Inpatient Service Locations › Section 12VAC35-105-380 - Lighting

Current through Register Vol. 40, No. 24, July 15, 2024
Each service location shall have adequate lighting in
						halls and bathrooms at night. This section does not apply to crisis services as
						crisis services shall comply with Part VIII of this chapter. Providers of
						sponsored residential home services shall certify that their sponsored
						residential homes comply with this section.
Statutory Authority: §§
													37.2-302 and
						  37.2-400 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 4 - Human Resources › Section 12VAC35-105-390 - Confidentiality and security of personnel records

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provider shall maintain an organized
					 system to manage and protect the confidentiality of personnel files and
					 records.
B. Physical and data
					 security controls shall exist for personnel records maintained in electronic
					 databases.
C. Providers shall
					 comply with requirements of the Americans with Disabilities Act and the
					 Virginians with Disabilities Act regarding retention of employee health-related
					 information in a file separate from personnel files.
Statutory Authority
§ 37.2-203 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 4 - Human Resources › Section 12VAC35-105-400 - Criminal background checks and registry searches

Current through Register Vol. 40, No. 24, July 15, 2024
A. Providers shall comply with the
					 requirements for obtaining criminal history background checks as outlined in
					 §§
											37.2-416,
					 37.2-506,
					 and
					 37.2-607
					 of the Code of Virginia for individuals hired after July 1, 1999.
B. The provider shall develop a written
					 policy for criminal history background checks and registry searches. The policy
					 shall require at a minimum a disclosure statement stating whether the person
					 has ever been convicted of or is the subject of pending charges for any offense
					 and shall address what actions the provider will take should it be discovered
					 that a person has a founded case of abuse or neglect or both, or a conviction
					 or pending criminal charge.
C. The
					 provider shall submit all information required by the department to complete
					 the criminal history background checks and registry searches.
D. The provider shall maintain the following
					 documentation:
1. The disclosure statement
					 from the applicant stating whether he has ever been convicted of or is the
					 subject of pending charges for any offense; and
2. Documentation that the provider submitted
					 all information required by the department to complete the criminal history
					 background checks and registry searches, memoranda from the department
					 transmitting the results to the provider, if applicable, and the results from
					 the Child Protective Registry search.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 4 - Human Resources › Section 12VAC35-105-410 - Job description

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each
					 employee or contractor shall have a written job description that includes:
1. Job title;
2. Duties and responsibilities required of
					 the position;
3. Job title of the
					 immediate supervisor; and
4.
					 Minimum knowledge, skills, and abilities, experience or professional
					 qualifications required for entry level as specified in
					 12VAC35-105-420.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 4 - Human Resources › Section 12VAC35-105-420 - Qualifications of employees or contractors

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person who assumes the
					 responsibilities of any position as an employee or a contractor shall meet the
					 minimum qualifications of that position as determined by job
					 descriptions.
B. Employees and
					 contractors shall comply, as required, with the regulations of the Department
					 of Health Professions. The provider shall design, implement, and document the
					 process used to verify professional credentials.
C. Supervisors shall have experience in
					 working with individuals being served and in providing the services outlined in
					 the service description.
D. Job
					 descriptions shall include minimum knowledge, skills and abilities,
					 professional qualifications and experience appropriate to the duties and
					 responsibilities required of the position.
E. All staff shall demonstrate a working
					 knowledge of the policies and procedures that are applicable to his specific
					 job or position.
Statutory Authority
§ 37.2-203 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 4 - Human Resources › Section 12VAC35-105-430 - Employee or contractor personnel records

Current through Register Vol. 40, No. 24, July 15, 2024
A. Employee or contractor personnel records,
					 whether hard-copy or electronic, shall include:
1. Individual identifying
					 information;
2. Education and
					 training history;
3. Employment
					 history;
4. Results of any provider
					 credentialing process including methods of verification of applicable
					 professional licenses or certificates;
5. Results of reasonable efforts to secure
					 job-related references and reasonable verification of employment
					 history;
6. Results of the required
					 criminal background checks and searches of the registry of founded complaints
					 of child abuse and neglect;
7.
					 Results of performance evaluations;
8. A record of disciplinary action taken by
					 the provider, if any;
9. A record
					 of adverse action by any licensing and oversight bodies or organizations, if
					 any; and
10. A record of
					 participation in employee development activities, including
					 orientation.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 4 - Human Resources › Section 12VAC35-105-435 - Provision of provider statement to any other provider

Current through Register Vol. 40, No. 24, July 15, 2024
Providers shall give a statement in writing regarding a
						current or past employee or other individual currently or previously associated
						with the provider in a capacity that requires a criminal history background
						check pursuant to §
											37.2-416
						or
						37.2-506
						of the Code of Virginia to any other licensed provider with which the current
						or past employee has applied for employment or to fill a role that requires a
						criminal history background check pursuant to §
											37.2-416
						or
						37.2-506
						of the Code of Virginia. The statement shall address the character, ability,
						and fitness for employment in or to otherwise fill the role for which the
						person has applied and shall be provided upon:
1. Receipt of a request for such information
					 from the other licensed provider; and
2. Written consent to the disclosure of such
					 information executed by the current or past employee or other individual
					 currently or previously associated with the provider in a capacity that
					 requires a criminal history background check pursuant to §
											37.2-416
					 or
					 37.2-506
					 of the Code of Virginia.
Nothing in this provision shall require disclosure of
						information subject to privilege or confidentiality pursuant to §
												8.01-581.16,
						8.01-581.17,
						or
						32.1-127.1:03
						of the Code of Virginia or federal law.
Statutory Authority: §§
													37.2-100 and
						  37.2-203
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 4 - Human Resources › Section 12VAC35-105-440 - Orientation of new employees, contractors, volunteers, and students

Current through Register Vol. 40, No. 24, July 15, 2024
New employees, contractors, volunteers, and students
						shall be oriented commensurate with their function or job-specific
						responsibilities within 15 business days. The provider shall document that the
						orientation covers each of the following policies, procedures, and
						practices:
1. Objectives and
					 philosophy of the provider;
2.
					 Practices of confidentiality including access, duplication, and dissemination
					 of any portion of an individual's record;
3. Practices that assure an individual's
					 rights including orientation to human rights regulations;
4. Applicable personnel policies;
5. Emergency preparedness
					 procedures;
6.
					 Person-centeredness;
7. Infection
					 control practices and measures;
8.
					 Other policies and procedures that apply to specific positions and specific
					 duties and responsibilities; and
9.
					 Serious incident reporting, including when, how, and under what circumstances a
					 serious incident report must be submitted and the consequences of failing to
					 report a serious incident to the department in accordance with this
					 chapter.
Statutory Authority: §§
													37.2-302
						  and
						  37.2-400
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 4 - Human Resources › Section 12VAC35-105-450 - Employee training and development

Current through Register Vol. 40, No. 24, July 15, 2024
The provider shall provide training and development
						opportunities for employees to enable them to support the individuals receiving
						services and to carry out their job responsibilities. The provider shall
						develop a training policy that addresses the frequency of retraining on serious
						incident reporting, medication administration, behavior intervention, emergency
						preparedness, and infection control, to include flu epidemics. Employee
						participation in training and development opportunities shall be documented and
						accessible to the department.
Statutory Authority: §§
													37.2-302
						  and
						  37.2-400
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 4 - Human Resources › Section 12VAC35-105-460 - Emergency medical or first aid training

Current through Register Vol. 40, No. 24, July 15, 2024
There shall be at least one employee or contractor on
						duty at each location who holds a current certificate (i) issued by the
						American Red Cross, the American Heart Association, or comparable authority in
						standard first aid and cardiopulmonary resuscitation (CPR) or (ii) as an
						emergency medical technician. A licensed medical professional who holds a
						current professional license shall be deemed to hold a current certificate in
						first aid, but not in CPR. The certification process shall include a hands-on,
						in-person demonstration of first aid and CPR competency.
Statutory Authority: §§
													37.2-302
						  and
						  37.2-400
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 4 - Human Resources › Section 12VAC35-105-470 - Notification of policy changes

Current through Register Vol. 40, No. 24, July 15, 2024
All employees or contractors shall be kept informed of
						policy changes that affect performance of duties. The provider shall have
						written documentation of the process used to advise employees or contractors of
						policy changes.
Statutory Authority
§ 37.2-203 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 4 - Human Resources › Section 12VAC35-105-480 - Employee or contractor performance evaluation

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provider shall implement a written
					 policy for evaluating employee and contractor performance.
B. Employee development needs and plans shall
					 be a part of the performance evaluation.
C. The provider shall evaluate employee and
					 contractor performance at least annually.
Statutory Authority
§ 37.2-203 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 4 - Human Resources › Section 12VAC35-105-490 - Written grievance policy

Current through Register Vol. 40, No. 24, July 15, 2024
The provider shall implement a written grievance policy
						and shall inform employees of grievance procedures. The provider shall have
						documentation of the process used to advise employees of grievance
						procedures.
Statutory Authority
§ 37.2-203 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 4 - Human Resources › Section 12VAC35-105-500 - Students and volunteers

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 provider shall implement a written policy that clearly defines and communicates
					 the requirements for the use and responsibilities of students and volunteers
					 including selection and supervision.
B. The provider shall not rely on students or
					 volunteers to supplant direct care positions. The provider staffing plan shall
					 not include volunteers or students.
Statutory Authority: §§
													37.2-302
						  and
						  37.2-400
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 4 - Human Resources › Section 12VAC35-105-510 - Tuberculosis screening

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each new
					 employee, contractor, student, or volunteer who will have direct contact with
					 individuals receiving services shall obtain a statement of certification by a
					 qualified licensed practitioner indicating the absence of tuberculosis in a
					 communicable form within 30 days of employment or initial contact with
					 individuals receiving services. The employee shall submit a copy of the
					 original screening to the provider. A statement of certification shall not be
					 required for a new employee who has separated from service with another
					 licensed provider with a break in service of six months or less or who is
					 currently working for another licensed provider.
B. All employees, contractors, students, or
					 volunteers in substance abuse co-occurring outpatient or residential treatment
					 services shall be certified as tuberculosis free on an annual basis by a
					 qualified licensed practitioner.
C.
					 Any employee, contractor, student, or volunteer who comes in contact with a
					 known case of active tuberculosis disease or who develops symptoms of active
					 tuberculosis disease (including, but not limited to fever, chills, hemoptysis,
					 cough, fatigue, night sweats, weight loss , or anorexia) of three weeks
					 duration shall be screened as determined appropriate for continued contact with
					 employees, contractors, students, volunteers, or individuals receiving services
					 based on consultation with the local health department.
D. An employee, contractor, student, or
					 volunteer suspected of having active tuberculosis shall not be permitted to
					 return to work or have contact with employees, contractors, students,
					 volunteers , or individuals receiving services until a physician has determined
					 that the person is free of active tuberculosis.
Statutory Authority
§ 37.2-203 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 5 - Health and Safety Management › Section 12VAC35-105-520 - Risk management

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 provider shall designate a person responsible for the risk management function
					 who has completed department approved training, which shall include training
					 related to risk management, understanding of individual risk screening,
					 conducting investigations, root cause analysis, and the use of data to identify
					 risk patterns and trends.
B. The
					 provider shall implement a written plan to identify, monitor, reduce, and
					 minimize harms and risk of harm, including personal injury, infectious disease,
					 property damage or loss, and other sources of potential liability.
C. The provider shall conduct systemic risk
					 assessment reviews at least annually to identify and respond to practices,
					 situations, and policies that could result in the risk of harm to individuals
					 receiving services. The risk assessment review shall address at least the
					 following:
1. The environment of care;
2. Clinical assessment or
					 reassessment processes;
3. Staff
					 competence and adequacy of staffing;
4. Use of high risk procedures, including
					 seclusion and restraint; and
5. A
					 review of serious incidents.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 5 - Health and Safety Management › Section 12VAC35-105-540 - Access to telephone in emergencies; emergency telephone numbers

Current through Register Vol. 40, No. 24, July 15, 2024
A. Telephones shall
					 be accessible for emergency purposes.
B. Instructions for contacting emergency
					 services and telephone numbers shall be prominently posted near the telephone
					 including how to contact provider medical personnel if appropriate.
C. This section does not apply to home and
					 noncenter-based services and correctional facilities.
Statutory Authority
§ 37.2-203 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 5 - Health and Safety Management › Section 12VAC35-105-550 - First aid kit accessible

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 A well-stocked first aid kit shall be maintained and readily accessible for
					 minor injuries and medical emergencies at each service location and to
					 employees or contractors providing in-home services or traveling with
					 individuals. The minimum requirements of a well-stocked first aid kit that
					 shall be maintained include a thermometer, bandages, saline solution,
					 band-aids, sterile gauze, tweezers, instant ice-pack, adhesive tape, first-aid
					 cream, and antiseptic soap.
B. A
					 cardiopulmonary resuscitation (CPR) face guard or mask shall be readily
					 accessible.
Statutory Authority
§ 37.2-203 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part III - Administrative Services › Article 5 - Health and Safety Management › Section 12VAC35-105-560 - Operable flashlights or battery lanterns

Current through Register Vol. 40, No. 24, July 15, 2024
Operable flashlights or battery lanterns shall be readily
						accessible to employees and contractors in services that operate between dusk
						and dawn to use in emergencies. This section does not apply to home and
						noncenter-based services.
Statutory Authority
§ 37.2-203 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part IV - Services and Supports › Article 1 - Service Description and Staffing › Section 12VAC35-105-570 - Mission statement

Current through Register Vol. 40, No. 24, July 15, 2024
The provider shall develop a written mission statement
						that clearly identifies its philosophy, purpose, and goals.
Statutory Authority
§ 37.2-203 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part IV - Services and Supports › Article 1 - Service Description and Staffing › Section 12VAC35-105-580 - Service description requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provider shall develop, implement,
					 review, and revise its descriptions of services offered according to the
					 provider's mission and shall make service descriptions available for public
					 review.
B. The provider shall
					 outline how each service offers a structured program of individualized
					 interventions and care designed to meet the individuals' physical and emotional
					 needs; provide protection, guidance and supervision; and meet the objectives of
					 any required individualized services plan.
C. The provider shall prepare a written
					 description of each service it offers. Elements of each service description
					 shall include:
1. Service goals;
2. A description of care, treatment, skills
					 acquisition, or other supports provided;
3. Characteristics and needs of individuals
					 to receive services;
4. Contract
					 services, if any;
5. Eligibility
					 requirements and admission, continued stay, and exclusion criteria;
6. Service termination and discharge or
					 transition criteria; and
7. Type
					 and role of employees or contractors.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part IV - Services and Supports › Article 1 - Service Description and Staffing › Section 12VAC35-105-590 - Provider staffing plan

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provider
					 shall implement a written staffing plan that includes the types, roles, and
					 numbers of employees and contractors that are required to provide the service.
					 This staffing plan shall reflect the:
1.
					 Needs of the individuals receiving services;
2. Types of services offered;
3. Service description;
4. Number of individuals to receive services
					 at a given time; and
5. Adequate
					 number of staff required to safely evacuate all individuals during an
					 emergency.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part IV - Services and Supports › Article 1 - Service Description and Staffing › Section 12VAC35-105-600 - Nutrition

Current through Register Vol. 40, No. 24, July 15, 2024
A. A provider
					 preparing and serving food shall:
1.
					 Implement a written plan for the provision of food services, which ensures
					 access to nourishing, well-balanced, varied, and healthy meals;
2. Make reasonable efforts to prepare meals
					 that consider the cultural background, personal preferences, and food habits
					 and that meet the dietary needs of the individuals served; and
3. Assist individuals who require assistance
					 feeding themselves in a manner that effectively addresses any
					 deficits.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part IV - Services and Supports › Article 1 - Service Description and Staffing › Section 12VAC35-105-610 - Community participation

Current through Register Vol. 40, No. 24, July 15, 2024
Individuals receiving residential and day support
						services shall be afforded opportunities to participate in community activities
						that are based on their personal interests or preferences. The provider shall
						have written documentation that such opportunities were made available to
						individuals served.
Statutory Authority
§ 37.2-203 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part IV - Services and Supports › Article 1 - Service Description and Staffing › Section 12VAC35-105-620 - Monitoring and evaluating service quality

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provider shall develop and implement
					 written policies and procedures for a quality improvement program sufficient to
					 identify, monitor, and evaluate clinical and service quality and effectiveness
					 on a systematic and ongoing basis.
B. The quality improvement program shall
					 utilize standard quality improvement tools, including root cause analysis, and
					 shall include a quality improvement plan.
C. The quality improvement plan shall:
1. Be reviewed and updated at least annually;
2. Define measurable goals and
					 objectives;
3. Include and report
					 on statewide performance measures, if applicable, as required by
					 DBHDS;
4. Monitor implementation
					 and effectiveness of approved corrective action plans pursuant to
					 12VAC35-105-170;
					 and
5. Include ongoing monitoring
					 and evaluation of progress toward meeting established goals and
					 objectives.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part IV - Services and Supports › Article 2 - Screening, Admission, Assessment, Service Planning, and Orientation › Section 12VAC35-105-630

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 105 - RULES AND REGULATIONS FOR LICENSING PROVIDERS BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Part IV - Services and Supports › Article 2 - Screening, Admission, Assessment, Service Planning, and Orientation › Section 12VAC35-105-640

Current through Register Vol. 40, No. 24, July 15, 2024