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 IV - Services and Supports › Article 2 - Screening, Admission, Assessment, Service Planning, and Orientation › Section 12VAC35-105-645 - Initial contacts, screening, admission, assessment, service planning, orientation, and discharge

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 provider shall implement policies and procedures for initial contacts and
					 screening, admissions, and referral of individuals to other services and
					 designate staff to perform these activities.
B. The provider shall maintain written
					 documentation of an individual's initial contact and screening prior to his
					 admission including the:
1. Date of
					 contact;
2. Name, age, and gender
					 of the individual;
3. Address and
					 telephone number of the individual, if applicable;
4. Reason why the individual is requesting
					 services; and
5. Disposition of the
					 individual including his referral to other services for further assessment,
					 placement on a waiting list for service, or admission to the service.
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 12VAC35-105-650 - Assessment policy

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provider
					 shall implement a written assessment policy. The policy shall define how
					 assessments will be conducted and documented.
B. The provider shall actively involve the
					 individual and the individual's authorized representative, if applicable, in
					 the preparation of initial and comprehensive assessments and in subsequent
					 reassessments. In these assessments and reassessments, the provider shall
					 consider the individual's needs, strengths, goals, preferences, and abilities
					 within the individual's cultural context.
C. The assessment policy shall designate
					 employees or contractors who are responsible for conducting assessments. These
					 employees or contractors shall have experience in working with the needs of
					 individuals who are being assessed, the assessment tools being utilized, and
					 the provision of services that the individuals may require.
D. Assessment is an ongoing activity. The
					 provider shall make reasonable attempts to obtain previous assessments or
					 relevant history.
E. An assessment
					 shall be initiated prior to or at admission to the service. With the
					 participation of the individual and the individual's authorized representative,
					 if applicable, the provider shall complete an initial assessment detailed
					 enough to determine whether the individual qualifies for admission and to
					 initiate an ISP for those individuals who are admitted to the service. This
					 assessment shall assess immediate service, health, and safety needs, and, at a
					 minimum, include the individual's:
1.
					 Diagnosis;
2. Presenting needs,
					 including the individual's stated needs, psychiatric needs, support needs, and
					 the onset and duration of problems;
3. Current medical problems;
4. Current medications;
5. Current and past substance use or abuse,
					 including co-occurring mental health and substance abuse disorders;
					 and
6. At-risk behavior to self and
					 others.
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 12VAC35-105-660 - Individualized services plan (ISP)

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provider
					 shall actively involve the individual and the individual's authorized
					 representative, as appropriate, in the development, review, and revision of a
					 person-centered ISP. The individualized services planning process shall be
					 consistent with laws protecting confidentiality, privacy, human rights of
					 individuals receiving services, and rights of minors.
B. The provider shall develop and implement
					 an initial person-centered ISP for the first 60 days for developmental services
					 or for the first 30 days for mental health and substance abuse services. This
					 ISP shall be developed and implemented within 24 hours of admission to address
					 immediate service, health, and safety needs and shall continue in effect until
					 the ISP is developed or the individual is discharged, whichever comes
					 first.
C. The provider shall
					 implement a person-centered comprehensive ISP as soon as possible after
					 admission based upon the nature and scope of services but no later than 30 days
					 after admission for providers of mental health and substance abuse services and
					 60 days after admission for providers of developmental services.
D. The initial ISP and the comprehensive ISP
					 shall be developed based on the respective assessment with the participation
					 and informed choice of the individual receiving services.
1. To ensure the individual's participation
					 and informed choice, the following shall be explained to the individual or the
					 individual's authorized representative, as applicable, in a reasonable and
					 comprehensible manner:
a. The proposed
					 services to be delivered;
b. Any
					 alternative services that might be advantageous for the individual;
					 and
c. Any accompanying risks or
					 benefits of the proposed and alternative 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 IV - Services and Supports › Article 2 - Screening, Admission, Assessment, Service Planning, and Orientation › Section 12VAC35-105-665 - ISP requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 comprehensive ISP shall be based on the individual's needs, strengths,
					 abilities, personal preferences, goals, and natural supports identified in the
					 assessment. The ISP shall include:
1. Relevant
					 and attainable goals, measurable objectives, and specific strategies for
					 addressing each need;
2. Services
					 and supports and frequency of services required to accomplish the goals,
					 including relevant psychological, mental health, substance abuse, behavioral,
					 medical, rehabilitation, training, and nursing needs and supports;
3. The role of the individual and others in
					 implementing the service plan;
4. A
					 communication plan for individuals with communication barriers, including
					 language barriers;
5. A behavioral
					 support or treatment plan, if applicable;
6. A safety plan that addresses identified
					 risks to the individual or to others, including a fall risk plan;
7. A crisis or relapse plan, if
					 applicable;
8. Target dates for
					 accomplishment of goals and objectives;
9. Identification of employees or contractors
					 responsible for coordination and integration of services, including employees
					 of other agencies;
10. Recovery
					 plans, if applicable; and
11.
					 Services the individual elects to self-direct, if applicable.
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 12VAC35-105-670

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 12VAC35-105-675 - Reassessments and ISP reviews

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Reassessments shall be completed at least annually and any time there is a need
					 based on changes in the medical, psychiatric, behavioral, or other status of
					 the individual.
B. Providers shall
					 complete changes to the ISP as a result of the assessments.
C. The provider shall update the ISP at least
					 annually and any time assessments identify risks, injuries, needs, or a change
					 in status of the individual.
D. The
					 provider shall review the ISP at least every three months from the date of the
					 implementation of the ISP or whenever there is a revised assessment based upon
					 the individual's changing needs or goals.
1.
					 These reviews shall evaluate the individual's progress toward meeting the ISP's
					 goals and objectives and the continued relevance of the ISP's objectives and
					 strategies. The provider shall update the goals, objectives, and strategies
					 contained in the ISP, if indicated, and implement any updates made.
2. These reviews shall document evidence of
					 progression toward or achievement of a specific targeted outcome for each goal
					 and objective.
3. For goals and
					 objectives that were not accomplished by the identified target date, the
					 provider and any appropriate treatment team members shall meet to review the
					 reasons for lack of progress and provide the individual an opportunity to make
					 an informed choice of how to proceed.
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 12VAC35-105-680 - Progress notes or other documentation

Current through Register Vol. 40, No. 24, July 15, 2024
The provider shall use signed and dated progress notes or
						other documentation to document the services provided and the implementation of
						the goals and objectives contained in the ISP.
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 2 - Screening, Admission, Assessment, Service Planning, and Orientation › Section 12VAC35-105-690 - Orientation

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provider
					 shall implement a written policy regarding the orientation of individuals and
					 their authorized representatives, if applicable to services.
B. As appropriate to the scope and level of
					 services the policy shall require the provision to individuals and authorized
					 representatives the following information:
1.
					 The mission of the provider or service;
2. Service confidentiality practices and
					 protections for individuals receiving services;
3. Human rights policies and protections and
					 instructions on how to report violations;
4. Opportunities for participation in
					 services and discharge planning;
5.
					 Fire safety and emergency preparedness procedures, if applicable;
6. The provider's grievance
					 procedure;
7. Service guidelines
					 including criteria for admission to and discharge or transfer from
					 services;
8. Hours and days of
					 operation;
9. Availability of
					 after-hours service; and
10. Any
					 charges or fees due from the individual.
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 12VAC35-105-691 - Transition of individuals among service

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provider shall implement written
					 procedures that define the process for transitioning an individual between or
					 among services operated by the provider. At a minimum the policy shall address:
1. The process by which the provider will
					 assure continuity of services during and following transition;
2. The participation of the individual or his
					 authorized representative, as applicable, in the decision to move and in the
					 planning for transfer;
3. The
					 process and timeframe for transferring the access to individual's record and
					 ISP to the destination location;
4.
					 The process and timeframe for completing the transfer summary; and
5. The process and timeframe for transmitting
					 or accessing, where applicable, discharge summaries to the destination
					 service.
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 12VAC35-105-693 - Discharge

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 provider shall have written policies and procedures regarding the discharge or
					 termination of individuals from the service. These policies and procedures
					 shall include medical and clinical criteria for discharge.
B. Discharge instructions shall be provided
					 in writing to the individual, the individual's authorized representative, and
					 the successor provider, as applicable. Discharge instructions shall include, at
					 a minimum, medications and dosages; names, telephone numbers, and addresses of
					 any providers to whom the individual is referred; current medical issues or
					 conditions; and the identity of the treating health care providers.
C. The provider shall make appropriate
					 arrangements or referrals to all service providers identified in the discharge
					 plan prior to the individual's scheduled discharge date.
D. The content of the discharge plan and the
					 determination to discharge the individual shall be consistent with the ISP and
					 the criteria for discharge.
E. The
					 provider shall document in the individual's service record that the individual,
					 the individual's authorized representative, and the individual's family
					 members, as appropriate, have been involved in the discharge planning
					 process.
F. A written discharge
					 summary shall be completed within 30 days of discharge and shall include, at a
					 minimum, the following:
1. Reason for the
					 individual's admission to and discharge from the service;
2. Description of the individual's or the
					 individual's authorized representative's participation in discharge
					 planning;
3. The individual's
					 current level of functioning or functioning limitations, if
					 applicable;
4. Recommended
					 procedures, activities, or referrals to assist the individual in maintaining or
					 improving functioning and increased independence;
5. The status, location, and arrangements
					 that have been made for future services;
6. Progress made by the individual in
					 achieving goals and objectives identified in the ISP and summary of critical
					 events during service provision;
7.
					 Discharge date;
8. Discharge
					 medications prescribed by the provider, if applicable;
9. Date the discharge summary was actually
					 written or documented; and
10.
					 Signature of the person who prepared the summary.
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 3 - Crisis Intervention and Emergencies › Section 12VAC35-105-700 - Written policies and procedures for crisis or emergency interventions; required elements

Current through Register Vol. 40, No. 24, July 15, 2024
Crisis Intervention and Emergencies
A. The provider shall implement written
					 policies and procedures for prompt intervention in the event of a crisis or a
					 behavioral, medical, or psychiatric emergency that may occur during screening
					 and referral, at admission, or during the period of service
					 provision.
B. The policies and
					 procedures shall include:
1. A definition of
					 what constitutes a crisis or behavioral, medical, or psychiatric
					 emergency;
2. Procedures for
					 immediately accessing appropriate internal and external resources. This shall
					 include a provision for obtaining physician and mental health clinical services
					 if the provider's or service's on-call or back-up physician or mental health
					 clinical services are not available at the time of the emergency;
3. Employee or contractor responsibilities;
					 and
4. Location of emergency
					 medical information for each individual receiving services, including any
					 advance psychiatric or medical directive or crisis response plan developed by
					 the individual, which shall be readily accessible to employees or contractors
					 on duty in an emergency or crisis.
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 3 - Crisis Intervention and Emergencies › Section 12VAC35-105-710 - Documenting crisis intervention and emergency services

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provider shall develop a method for
					 documenting the provision of crisis intervention and emergency services.
					 Documentation shall include the following:
1.
					 Date and time;
2. Description of
					 the nature of or circumstances surrounding the crisis or emergency;
3. Name of individual;
4. Description of precipitating
					 factors;
5. Interventions or
					 treatment provided;
6. Names of
					 employees or contractors responding to or consulted during the crisis or
					 emergency; and
7.
					 Outcome.
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 4 - Medical Management › Section 12VAC35-105-720 - Health care policy

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 provider shall implement a policy, appropriate to the scope and level of
					 service that addresses provision of adequate and appropriate medical care. This
					 policy shall describe how:
1. Medical care
					 needs will be assessed including circumstances that will prompt the decision to
					 obtain a medical assessment.
2.
					 Individualized services plans will address any medical care needs appropriate
					 to the scope and level of service.
3. Identified medical care needs will be
					 addressed.
4. The provider will
					 manage medical care needs or respond to abnormal findings.
5. The provider will communicate medical
					 assessments and diagnostic laboratory results to the individual and authorized
					 representative, as appropriate.
6.
					 The provider will keep accessible to staff and contractors on duty the names,
					 addresses, and phone numbers of the individual's medical and dental
					 providers.
7. The provider will
					 ensure a means for facilitating and arranging, as appropriate, transportation
					 to medical and dental appointments and medical tests, when services cannot be
					 provided on site.
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 4 - Medical Management › Section 12VAC35-105-730

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 4 - Medical Management › Section 12VAC35-105-740 - Physical examination for residential and inpatient services

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Providers of residential or inpatient services shall administer or obtain
					 results of physical exams within 30 days of an individual's admission. The
					 examination must have been conducted within one year of admission to the
					 service. Providers of inpatient services shall administer physical exams within
					 24 hours of an individual's admission.
B. A physical examination shall include, at a
					 minimum:
1. General physical condition
					 (history and physical);
2.
					 Evaluation for communicable diseases;
3. Recommendations for further diagnostic
					 tests and treatment, if appropriate;
4. Other examinations that may be indicated;
					 and
5. The date of examination and
					 signature of a qualified practitioner.
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 4 - Medical Management › Section 12VAC35-105-750 - Emergency medical information

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 The provider shall maintain the following emergency medical information for
					 each individual:
1. If available, the name,
					 address, and telephone number of:
a. The
					 individual's physician; and
b. The
					 authorized representative or other person to be notified;
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 4 - Medical Management › Section 12VAC35-105-760 - Medical equipment

Current through Register Vol. 40, No. 24, July 15, 2024
The provider shall develop and implement a policy on
						maintenance and use of medical equipment, including personal medical equipment
						and devices.
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 5 - Medication Management Services › Section 12VAC35-105-770 - Medication management

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 provider shall implement written policies addressing:
1. The safe administration, handling,
					 storage, and disposal of medications;
2. The use of medication orders;
3. The handling of packaged medications
					 brought by individuals from home or other residences;
4. Employees or contractors who are
					 authorized to administer medication and training required for administration of
					 medication;
5. The use of
					 professional samples; and
6. The
					 window within which medications can be given in relation to the ordered or
					 established time of administration.
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 5 - Medication Management Services › Section 12VAC35-105-780 - Medication errors and drug reactions

Current through Register Vol. 40, No. 24, July 15, 2024
In the event of a medication error or adverse drug
						reaction:
1. First aid shall be
					 administered if indicated.
2.
					 Employees or contractors shall promptly contact a poison control center,
					 pharmacist, nurse or physician and shall take actions as directed.
3. The individual's physician shall be
					 notified as soon as possible unless the situation is addressed in standing
					 orders.
4. Actions taken by
					 employees or contractors shall be documented.
5. The provider shall review medication
					 errors at least quarterly as part of the quality assurance in
					 12VAC35-105-620.
6. Medication errors and adverse drug
					 reactions shall be recorded in the individual's medication log.
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 5 - Medication Management Services › Section 12VAC35-105-790 - Medication administration and storage or pharmacy operation

Current through Register Vol. 40, No. 24, July 15, 2024
A. A provider
					 responsible for medication administration and medication storage or pharmacy
					 operations shall comply with:
1. The Drug
					 Control Act (§ 54.1-3400 et seq. of the Code of Virginia);
2. The Virginia Board of Pharmacy
					 regulations;
3. The Virginia Board
					 of Nursing regulations; and
4.
					 Applicable federal laws and regulations relating to controlled
					 substances.
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 6 - Behavior Interventions › Section 12VAC35-105-800 - Policies and procedures on behavior interventions and supports

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provider
					 shall implement written policies and procedures that describe the use of
					 behavior interventions, including seclusion, restraint, and time out. The
					 policies and procedures shall:
1. Be
					 consistent with applicable federal and state laws and regulations;
2. Emphasize positive approaches to behavior
					 interventions;
3. List and define
					 behavior interventions in the order of their relative degree of intrusiveness
					 or restrictiveness and the conditions under which they may be used in each
					 service for each individual;
4.
					 Protect the safety and well-being of the individual at all times, including
					 during fire and other emergencies;
5. Specify the mechanism for monitoring the
					 use of behavior interventions; and
6. Specify the methods for documenting the
					 use of behavior interventions.
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 6 - Behavior Interventions › Section 12VAC35-105-810 - Behavioral treatment plan

Current through Register Vol. 40, No. 24, July 15, 2024
A written behavioral treatment plan may be developed as
						part of the individualized services plan in response to behavioral needs
						identified through the assessment process. A behavioral treatment plan may
						include restrictions only if the plan has been developed according to
						procedures outlined in the human rights regulations. A behavioral treatment
						plan shall be developed, implemented, and monitored by employees or contractors
						trained in behavioral treatment.
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 6 - Behavior Interventions › Section 12VAC35-105-820 - Prohibited actions

Current through Register Vol. 40, No. 24, July 15, 2024
The following actions shall be prohibited:
1. Prohibition of contacts and visits with
					 the individual's attorney, probation officer, placing agency representative,
					 minister or chaplain;
2. Any action
					 that is humiliating, degrading, or abusive;
3. Subjection to unsanitary living
					 conditions;
4. Deprivation of
					 opportunities for bathing or access to toilet facilities except as ordered by a
					 licensed physician for a legitimate medical purpose and documented in the
					 individual's record;
5. Deprivation
					 of appropriate services and treatment;
6. Deprivation of health care;
7. Administration of laxatives, enemas, or
					 emetics except as ordered by a physician or other professional acting within
					 the scope of his license for a legitimate medical purpose and documented in the
					 individual's record;
8.
					 Applications of aversive stimuli except as permitted pursuant to other
					 applicable state regulations;
9.
					 Limitation on contacts with regulators, advocates or staff attorneys employed
					 by the department or the Virginia Office for Protection and Advocacy.
10. Deprivation of drinking water or food
					 necessary to meet an individual's daily nutritional needs except as ordered by
					 a licensed physician for a legitimate medical purpose and documented in the
					 individual's record;
11.
					 Prohibition on contacts or visits with family or an authorized representative
					 except as permitted by other applicable state regulations or by order of a
					 court of competent jurisdiction;
12. Delay or withholding of incoming or
					 outgoing mail except as permitted by other applicable state and federal
					 regulations or by order of a court of competent jurisdiction; and
13. Deprivation of opportunities for sleep or
					 rest except as ordered by a licensed physician for a legitimate medical purpose
					 and documented in the individual's record.
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 6 - Behavior Interventions › Section 12VAC35-105-830 - Seclusion, restraint, and time out

Current through Register Vol. 40, No. 24, July 15, 2024
A. The use of seclusion, restraint, and time
					 out shall comply with applicable federal and state laws and regulations and be
					 consistent with the provider's policies and procedures.
B. Devices used for mechanical restraint
					 shall be designed specifically for emergency behavior management of human
					 beings in clinical or therapeutic programs.
C. Application of time out, seclusion, or
					 restraint shall be documented in the individual's record and include the
					 following:
1. Physician's order for seclusion
					 or mechanical restraint or chemical restraint;
2. Date and time;
3. Employees or contractors
					 involved;
4. Circumstances and
					 reasons for use including other emergency behavior management techniques
					 attempted;
5. Duration;
6. Type of technique used; and
7. Outcomes, including documentation of
					 debriefing of the individual and staff involved following the
					 incident.
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 6 - Behavior Interventions › Section 12VAC35-105-840 - Requirements for seclusion room

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 The room used for seclusion shall meet the design requirements for buildings
					 used for detention or seclusion of individuals.
B. The seclusion room shall be at least six
					 feet wide and six feet long with a minimum ceiling height of eight
					 feet.
C. The seclusion room shall
					 be free of all protrusions, sharp corners, hardware, fixtures or other devices
					 which may cause injury to the individual.
D. Windows in the seclusion room shall be so
					 constructed as to minimize breakage and otherwise prevent the individual from
					 harming himself.
E. Light fixtures
					 and other electrical receptacles in the seclusion room shall be recessed or so
					 constructed as to prevent the individual from harming himself. Light controls
					 shall be located outside the seclusion room.
F. Doors to the seclusion room shall be at
					 least 32 inches wide, shall open outward and shall contain observation view
					 panels of transparent wire glass or its approved equivalent, not exceeding 120
					 square inches but of sufficient size for someone outside the door to see into
					 all corners of the room.
G. The
					 seclusion room shall contain only a mattress with a washable mattress covering
					 designed to avoid damage by tearing.
H. The seclusion room shall maintain
					 temperatures appropriate for the season.
I. All space in the seclusion room shall be
					 visible through the locked door, either directly or by mirrors.
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 6 - Behavior Interventions › Section 12VAC35-105-850

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 6 - Behavior Interventions › Section 12VAC35-105-860

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 V - Records Management › Section 12VAC35-105-870 - Paper and electronic records management policy

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provider shall implement a written
				  records management policy that describes confidentiality, accessibility,
				  security, and retention of paper and electronic records pertaining to
				  individuals, including:
1. Access and
				  limitation of access, duplication, or dissemination of individual information
				  to persons who are authorized to access such information according to federal
				  and state laws;
2. Storage,
				  processing, and handling of active and closed records;
3. Storage, processing, and handling of
				  electronic records;
4. Security
				  measures that protect records from loss, unauthorized alteration, inadvertent
				  or unauthorized access, disclosure of information, and transportation of
				  records between service sites;
5.
				  Strategies for service continuity and record recovery from interruptions that
				  result from disasters or emergencies including contingency plans, electronic or
				  manual back-up systems, and data retrieval systems;
6. Designation of the person responsible for
				  records management; and
7.
				  Disposition of records in the event that the service ceases operation. If the
				  disposition of records involves a transfer to another provider, the provider
				  shall have a written agreement with that provider.
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 V - Records Management › Section 12VAC35-105-880 - Documentation policy

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provider
				  shall define, by policy, all records it maintains that address an individual's
				  care and treatment and what each record contains.
B. The provider shall define, by policy, and
				  implement a system of documentation that supports appropriate service planning,
				  coordination, and accountability. At a minimum this policy shall outline:
1. The location of the individual's
				  record;
2. Methods of access by
				  employees or contractors to the individual's record; and
3. Methods of updating the individual's
				  record by employees or contractors including the frequency and format of
				  updates.
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 V - Records Management › Section 12VAC35-105-890 - Individual's service record

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  There shall be a separate primary record for each individual admitted for
				  service. A separate record shall be maintained for each family member who is
				  receiving individual treatment.
B.
				  All individuals admitted to the service shall have identifying information
				  readily accessible in the individual's service record. Identifying information
				  shall include the following:
1.
				  Identification number unique for the individual;
2. Name of individual;
3. Current residence, if known;
4. Social security number;
5. Gender;
6. Marital status;
7. Date of birth;
8. Name of authorized representative, if
				  applicable;
9. Name, address, and
				  telephone number for emergency contact;
10. Adjudicated legal incompetency or legal
				  incapacity, if applicable; and
11.
				  Date of admission to service.
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 V - Records Management › Section 12VAC35-105-900 - Record storage and security

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  When not in use, active and closed paper records shall be stored in a locked
				  cabinet or room.
B. Physical and
				  data security controls shall exist to protect electronic records.
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 V - Records Management › Section 12VAC35-105-910 - Retention of individual's service records

Current through Register Vol. 40, No. 24, July 15, 2024
The provider shall retain an individual's service record
					 for the time period specified by state or federal requirements.
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 V - Records Management › Section 12VAC35-105-920 - Review process for records

Current through Register Vol. 40, No. 24, July 15, 2024
The provider shall implement a review process to evaluate
					 both current and closed records for completeness, accuracy, and timeliness of
					 entries.
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 VI - Additional Requirements for Selected Services › Article 1 - Medication Assisted Opioid Treatment › Section 12VAC35-105-925 - Standards for the evaluation of new licenses for providers of services to individuals with opioid addiction

Current through Register Vol. 40, No. 24, July 15, 2024
A. Applicants requesting an initial license
					 to provide a service for the treatment of opioid addiction through the use of
					 methadone or any other opioid treatment medication or controlled substance
					 shall supply information to the department that demonstrates the
					 appropriateness of the proposed service in accordance with this
					 section.
B. The proposed site of
					 the service shall comply with § 37.2-406 of the Code of
					 Virginia.
C. In jurisdictions
					 without zoning ordinances, the department shall request that the local
					 governing body advise it as to whether the proposed site is suitable for and
					 compatible with use as an office and the delivery of health care services. The
					 department shall make this request when it notifies the local governing body of
					 a pending application.
D.
					 Applicants shall demonstrate that the building or space to be used to provide
					 the proposed service is suitable for the treatment of opioid addiction by
					 submitting documentation of the following:
1.
					 The proposed site complies with the requirements of the local building
					 regulatory entity;
2. The proposed
					 site complies with local zoning laws or ordinances, including any required
					 business licenses;
3. In the
					 absence of local zoning ordinances, the proposed site is suitable for and
					 compatible with use as offices and the delivery of health care
					 services;
4. In jurisdictions where
					 there are no parking ordinances, the proposed site has sufficient off-street
					 parking to accommodate the needs of the individuals being served and prevent
					 the disruption of traffic flow;
5.
					 The proposed site can accommodate individuals during periods of inclement
					 weather;
6. The proposed site
					 complies with the Virginia Statewide Fire Prevention Code; and
7. The applicant has a written plan to ensure
					 security for storage of methadone at the site, which complies with regulations
					 of the Drug Enforcement Agency (DEA), and the Virginia Board of
					 Pharmacy.
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 VI - Additional Requirements for Selected Services › Article 1 - Medication Assisted Opioid Treatment › Section 12VAC35-105-930 - Registration, certification, or accreditation

Current through Register Vol. 40, No. 24, July 15, 2024
A. The medication assisted opioid treatment
					 service shall maintain current registration or certification with:
1. The federal Drug Enforcement
					 Administration;
2. The federal
					 Department of Health and Human Services; and
3. The Virginia Board of Pharmacy.
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 VI - Additional Requirements for Selected Services › Article 1 - Medication Assisted Opioid Treatment › Section 12VAC35-105-940 - Criteria for involuntary termination from treatment

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provider
					 shall establish criteria for involuntary termination from treatment that
					 describe the rights of the individual receiving services and the
					 responsibilities and rights of the provider.
B. The provider shall establish a grievance
					 procedure as part of the rights of the individual.
C. On admission, the individual shall be
					 given a copy of the criteria and grievance procedure and shall sign a statement
					 acknowledging receipt of same. The signed acknowledgment shall be maintained in
					 the individual's service record.
D.
					 Upon admission and annually thereafter all individuals shall sign an
					 authorization for disclosure of information to allow the provider access to the
					 Virginia Prescription Monitoring System. Individuals who fail to sign this
					 authorization shall be denied admission to the program.
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 VI - Additional Requirements for Selected Services › Article 1 - Medication Assisted Opioid Treatment › Section 12VAC35-105-945 - Criteria for patient discharge

Current through Register Vol. 40, No. 24, July 15, 2024
Before a medication assisted opioid treatment program may
						discharge or transfer an individual, the individual shall meet the criteria for
						discharge or transfer as defined by the provider's policies, which shall
						include provisions for the discharge or transfer of individuals who have:
1. Achieved the goals of the
					 treatment services and no longer require medication assisted opioid treatment
					 level of care;
2. Been unable to
					 achieve the goals of the individual's treatment but could achieve the
					 individual's goals with a different type of treatment; or
3. Achieved the individual's original
					 treatment goals but have developed new treatment challenges that can only be
					 adequately addressed in a different type of treatment.
Statutory Authority: §§ 37.2-302 and 37.2-400
						  of the Code of Virginia.