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 VIII - Crisis Services › Section 12VAC35-105-1910 - Beds or recliners for crisis services

Current through Register Vol. 40, No. 24, July 15, 2024
A. For the
				  purpose of this section, "clean" means freshly laundered, sanitized, and not
				  soiled or stained.
B. Crisis
				  receiving center providers shall arrange for each individual to have a recliner
				  or bed. Crisis stabilization unit and REACH CTH providers shall arrange for
				  each individual to have a bed.
C.
				  Upon admission, the provider shall offer to launder the individual's
				  clothes.
D. The provider shall not
				  operate more recliners or beds at each service location than the number for
				  which its service is licensed at that location.
E. Recliners, beds, and linens shall be
				  clean, comfortable, and well-maintained.
F. Beds shall be equipped with a clean
				  mattress, and recliners shall be equipped with clean cushions. Beds and
				  recliners shall be equipped with a clean pillow, clean blankets, and clean
				  linens. When a bed or recliner is soiled, providers shall assist individuals
				  with bathing, as needed, and provide clean clothing and clean linens, including
				  a clean waterproof mattress cover for a bed.
G. Providers shall change linens at least
				  every seven days and with each new admission.
H. Providers shall provide mattresses that
				  are fire retardant as evidenced by documentation from the manufacturer, except
				  in buildings equipped with an automated sprinkler system as required by the
				  Virginia Uniform Statewide Building Code (13VAC5-63).
I. Providers shall inspect each individual's
				  recliner or bed upon discharge to (i) ensure the individual has all personal
				  belongings and (ii) prepare the recliner or bed for cleaning.
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 VIII - Crisis Services › Section 12VAC35-105-1920 - Bedrooms for crisis services

Current through Register Vol. 40, No. 24, July 15, 2024
A. This section
				  only applies to crisis stabilization units and REACH CTH providers.
B. 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.
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 VIII - Crisis Services › Section 12VAC35-105-1940 - Seclusion

Current through Register Vol. 40, No. 24, July 15, 2024
Seclusion is only allowed as permitted by 12VAC35-115 and
					 other applicable state regulations.
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 VIII - Crisis Services › Section 12VAC35-105-1950 - Seclusion room requirements

Current through Register Vol. 40, No. 24, July 15, 2024
The room used for seclusion of persons shall meet the
					 following design requirements:
1. The
				  seclusion room shall be at least six feet wide and six feet long with a minimum
				  ceiling height of eight feet.
2.
				  The seclusion room shall be free of all protrusions, sharp corners, hardware,
				  fixtures, or other devices that may cause injury to the occupant.
3. Windows in the seclusion room shall be
				  constructed to minimize breakage and otherwise prevent the occupant from
				  self-harming.
4. Light fixtures and
				  other electrical receptacles in the seclusion room shall be recessed or so
				  constructed as to prevent the occupant from self-harming. Light controls shall
				  be located outside the seclusion room.
5. Doors to the seclusion room shall be at
				  least 32 inches wide, 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.
6. The
				  seclusion room shall contain only a mattress with a washable mattress covering
				  designed to avoid damage by tearing.
7. The seclusion room shall maintain
				  temperatures appropriate for the season.
8. All space in the seclusion room shall be
				  visible through the locked door, either directly or by mirrors.
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 110 - RULES AND REGULATIONS TO ASSURE THE RIGHTS OF RESIDENTS OF FACILITIES OPERATED BY THE DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE SERVICES [REPEALED] › Section 12VAC35-110-10 to 12VAC35-110-140

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 115 - REGULATIONS TO ASSURE THE RIGHTS OF INDIVIDUALS RECEIVING SERVICES FROM PROVIDERS LICENSED, FUNDED, OR OPERATED BY THE DEPARTMENT OF BEHAVIORAL › Part I - General Provisions › Section 12VAC35-115-10 - Authority and applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  The Code of Virginia authorizes these regulations to further define and protect
				  the rights of individuals receiving services from providers of mental health,
				  developmental, or substance abuse services in Virginia. This chapter requires
				  providers of services to take specific actions to protect the rights of each
				  individual. This chapter establishes remedies when rights are violated or are
				  in dispute and provides a structure for support of these rights.
B. Providers subject to this chapter include:
1. Facilities operated by the department
				  under Chapters 3 (§ 37.2-300 et seq.) and 7 (§ 37.2-700 et seq.) of
				  Title 37.2 of the Code of Virginia;
2. Sexually violent predator programs
				  established under § 37.2-909 of the Code of Virginia;
3. Community services boards that provide
				  services under Chapter 5 (§ 37.2-500 et seq.) of Title 37.2 of the Code of
				  Virginia;
4. Behavioral health
				  authorities that provide services under Chapter 6 (§ 37.2-600 et seq.) of
				  Title 37.2 of the Code of Virginia;
5. Public or private providers that operate
				  programs or facilities licensed by the department under Article 2 (§
				  37.2-403 et seq.) of Chapter 4 of Title 37.2 of the Code of Virginia except
				  those operated by the Department of Corrections; and
6. Any other providers receiving funding from
				  the department. Providers of services under Part C of the Individuals with
				  Disabilities Education Act (IDEA), 20 USC §§ 1431-1444, that are
				  subject to this chapter solely by receipt of Part C funds from or through the
				  department shall comply with all applicable IDEA regulations found in 34 CFR
				  Part 303 in lieu of this chapter.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 115 - REGULATIONS TO ASSURE THE RIGHTS OF INDIVIDUALS RECEIVING SERVICES FROM PROVIDERS LICENSED, FUNDED, OR OPERATED BY THE DEPARTMENT OF BEHAVIORAL › Part I - General Provisions › Section 12VAC35-115-20 - Policy

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each individual
				  who receives services shall be assured:
1.
				  Protection to exercise his legal, civil, and human rights related to the
				  receipt of those services;
2.
				  Respect for basic human dignity; and
3. Services that are provided consistent with
				  sound therapeutic practice.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 115 - REGULATIONS TO ASSURE THE RIGHTS OF INDIVIDUALS RECEIVING SERVICES FROM PROVIDERS LICENSED, FUNDED, OR OPERATED BY THE DEPARTMENT OF BEHAVIORAL › Part II - Assurance of Rights › Section 12VAC35-115-40 - Assurance of rights

Current through Register Vol. 40, No. 24, July 15, 2024
A. These
				  regulations protect the rights established in § 37.2-400 of the Code of
				  Virginia.
B. Individuals are
				  entitled to know what their rights are under these regulations; therefore,
				  providers shall take the following actions:
1. Display, in areas most likely to be
				  noticed by the individual, a document listing the rights of individuals under
				  these regulations and how individuals can contact a human rights advocate. The
				  document shall be presented in the manner, format, and languages most
				  frequently understood by the individual receiving services.
2. Notify each individual and his authorized
				  representative about these rights and how to file a complaint. The notice shall
				  be in writing and in any other form most easily understood by the individual.
				  The notice shall provide the name and phone number of the human rights advocate
				  and give a short description of the human rights advocate's role. The provider
				  shall give this notice to and discuss it with the individual at the time
				  services begin and every year thereafter.
3. Ask the individual or his authorized
				  representative to sign the notice of rights. File the signed notice in the
				  individual's services record. If the individual or his authorized
				  representative cannot or will not sign the notice, the person who gave the
				  notice shall document that fact in the individual's services record.
4. Give a complete copy of these regulations
				  to anyone who asks for one.
5.
				  Display and provide information as requested by the protection and advocacy
				  agency director that informs individuals of their right to contact the
				  protection and advocacy agency.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 115 - REGULATIONS TO ASSURE THE RIGHTS OF INDIVIDUALS RECEIVING SERVICES FROM PROVIDERS LICENSED, FUNDED, OR OPERATED BY THE DEPARTMENT OF BEHAVIORAL › Part III - Explanation of Individual Rights and Provider Duties › Section 12VAC35-115-60 - Services

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each individual
				  receiving services shall receive those services according to law and sound
				  therapeutic practice.
B. The
				  provider's duties.
1. Providers shall
				  develop, carry out, and regularly monitor policies and procedures prohibiting
				  discrimination in the provision of services. Providers shall comply with all
				  state and federal laws, including any applicable provisions of the Americans
				  with Disabilities Act ( 42 USC § 12101 et seq.), that prohibit
				  discrimination on the basis of race, color, religion, ethnicity, age, sex,
				  disability, or ability to pay. These policies and procedures shall require, at
				  a minimum, the following:
a. An individual or
				  anyone acting on his behalf may complain to the director if he believes that
				  his services have been limited or denied due to discrimination.
b. If an individual complains of
				  discrimination, the director shall assure that an appropriate investigation is
				  conducted immediately. The director shall make a decision, take action, and
				  document the action within 10 working days of receipt of the
				  complaint.
c. A written copy of the
				  decision and the director's action shall be forwarded to the individual and his
				  authorized representative, the human rights advocate, and any employee or
				  employees involved.
d. If the
				  individual or his authorized representative is not satisfied with the
				  director's decision or action, he may file a petition for an LHRC hearing under
				  12VAC35-115-180.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 115 - REGULATIONS TO ASSURE THE RIGHTS OF INDIVIDUALS RECEIVING SERVICES FROM PROVIDERS LICENSED, FUNDED, OR OPERATED BY THE DEPARTMENT OF BEHAVIORAL › Part III - Explanation of Individual Rights and Provider Duties › Section 12VAC35-115-70 - Participation in decision making and consent

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each individual has a right to participate
				  meaningfully in decisions regarding all aspects of services affecting him. This
				  includes the right to:
1. Consent or not
				  consent to receive or participate in services.
a. The ISP and discharge plan shall
				  incorporate the individual's preferences consistent with his condition and need
				  for service and the provider's ability to address them;
b. The individual's services record shall
				  include evidence that the individual has participated in the development of his
				  ISP and discharge plan, in changes to these plans, and in all other significant
				  aspects of his treatment and services; and
c. The individual's services record shall
				  include the signature or other indication of the individual's or his authorized
				  representative's consent.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 115 - REGULATIONS TO ASSURE THE RIGHTS OF INDIVIDUALS RECEIVING SERVICES FROM PROVIDERS LICENSED, FUNDED, OR OPERATED BY THE DEPARTMENT OF BEHAVIORAL › Part III - Explanation of Individual Rights and Provider Duties › Section 12VAC35-115-90 - Access to and amendment of services records

Current through Register Vol. 40, No. 24, July 15, 2024
A. With respect to his own services record,
				  each individual and his authorized representative has the right to:
1. See, read, and get a copy of his own
				  services record, except information that is privileged pursuant to §
				  8.01-581.17 of the Code of Virginia, and information compiled by the provider
				  in reasonable anticipation of or for use in a civil, criminal, or
				  administrative action or proceeding;
2. Let certain other people see, read, or get
				  a copy of his own services record if the individual is restricted by law from
				  seeing, reading, or receiving a copy;
3. Challenge, request to amend, or receive an
				  explanation of anything in his services record; and
4. Let anyone who sees his record, regardless
				  of whether amendments to the record have been made, know that the individual
				  has tried to amend the record or explain his position and what happened as a
				  result.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 115 - REGULATIONS TO ASSURE THE RIGHTS OF INDIVIDUALS RECEIVING SERVICES FROM PROVIDERS LICENSED, FUNDED, OR OPERATED BY THE DEPARTMENT OF BEHAVIORAL › Part III - Explanation of Individual Rights and Provider Duties › Section 12VAC35-115-100 - Restrictions on freedoms of everyday life

Current through Register Vol. 40, No. 24, July 15, 2024
A. From admission until discharge from a
				  service, each individual is entitled to:
1.
				  Enjoy all the freedoms of everyday life that are consistent with his need for
				  services, his protection, and the protection of others, and that do not
				  interfere with his services or the services of others. These freedoms include:
a. Freedom to move within the service
				  setting, its grounds, and the community;
b. Freedom to communicate, associate, and
				  meet privately with anyone the individual chooses;
c. Freedom to have and spend personal
				  money;
d. Freedom to see, hear, or
				  receive television, radio, books, and newspapers, whether privately owned or in
				  a library or public area of the service setting;
e. Freedom to keep and use personal clothing
				  and other personal items;
f.
				  Freedom to use recreational facilities and enjoy the outdoors; and
g. Freedom to make purchases in canteens,
				  vending machines, or stores selling a basic selection of food and
				  clothing.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 115 - REGULATIONS TO ASSURE THE RIGHTS OF INDIVIDUALS RECEIVING SERVICES FROM PROVIDERS LICENSED, FUNDED, OR OPERATED BY THE DEPARTMENT OF BEHAVIORAL › Part III - Explanation of Individual Rights and Provider Duties › Section 12VAC35-115-105 - Behavioral treatment plans

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
				  behavioral treatment plan is used to assist an individual to improve
				  participation in normal activities and conditions of everyday living, reduce
				  challenging behaviors, alleviate symptoms of psychopathology, and maintain a
				  safe and orderly environment.
B.
				  Providers may use individualized restrictions such as restraint or time out in
				  a behavioral treatment plan to address challenging behaviors that present an
				  immediate danger to the individual or others, but only after a licensed
				  professional or licensed behavior analyst has conducted a detailed and
				  systematic assessment of the behavior and the situations in which the behavior
				  occurs. Providers shall document in the individual's services record that the
				  lack of success or probable success of less restrictive procedures attempted or
				  considered, and the risks associated with not treating the behavior, are
				  greater than any risks associated with the use of the proposed
				  restrictions.
C. Providers shall
				  develop any behavioral treatment plan according to their policies and
				  procedures, which shall ensure that:
1.
				  Behavioral treatment plans are initiated, developed, carried out, and monitored
				  by professionals who are qualified by expertise, training, education, or
				  credentials to do so;
2. Behavioral
				  treatment plans include nonrestrictive procedures and environmental
				  modifications that address the targeted behavior; and
3. Behavioral treatment plans involving the
				  use of restraint or timeout are submitted to an independent review committee,
				  prior to implementation, for review and approval of the technical adequacy of
				  the plan and data collection procedures.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 115 - REGULATIONS TO ASSURE THE RIGHTS OF INDIVIDUALS RECEIVING SERVICES FROM PROVIDERS LICENSED, FUNDED, OR OPERATED BY THE DEPARTMENT OF BEHAVIORAL › Part III - Explanation of Individual Rights and Provider Duties › Section 12VAC35-115-120 - Work

Current through Register Vol. 40, No. 24, July 15, 2024
A. Individuals have
				  a right to engage or not engage in work or work-related activities consistent
				  with their service needs while receiving services. Personal maintenance and
				  personal housekeeping by individuals receiving services in residential settings
				  are not subject to this provision.
B. The provider's duties.
1. Providers shall not require, entice,
				  persuade, or permit any individual or his family member to perform labor for
				  the provider as a condition of receiving services. If an individual voluntarily
				  chooses to perform labor for the provider, the labor must be consistent with
				  his individualized services plan. All policies and procedures, including pay,
				  must be consistent with the Fair Labor Standards Act ( 29 USC § 201 et
				  seq.).
2. Providers shall consider
				  individuals who are receiving services for employment opportunities on an equal
				  basis with all other job applicants and employees according to the Americans
				  with Disabilities Act ( 42 USC § 12101 et seq.).
3. Providers shall give individuals and
				  employers information, training, and copies of policies affecting the
				  employment of individuals receiving services upon request.
4. If vocational training, extended
				  employment services, or supported employment services are offered, providers
				  shall establish procedures for documenting the decision on employment and
				  training and the methodology for establishing wages. Providers shall give a
				  copy of the procedures and information about possible consequences for
				  violating the procedures to all individuals and their authorized
				  representatives.
5. Providers who
				  employ individuals receiving services shall not deduct the cost of services
				  from an individual's wages unless ordered to do so by a court.
6. Providers shall not sell to or purchase
				  goods or services from an individual receiving services except through
				  established governing body policy that is consistent with U.S. Department of
				  Labor standards.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 115 - REGULATIONS TO ASSURE THE RIGHTS OF INDIVIDUALS RECEIVING SERVICES FROM PROVIDERS LICENSED, FUNDED, OR OPERATED BY THE DEPARTMENT OF BEHAVIORAL › Part III - Explanation of Individual Rights and Provider Duties › Section 12VAC35-115-130 - Research

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each individual
				  has a right to choose to participate or not participate in human
				  research.
B. The provider's duties.
1. Providers shall obtain prior, written,
				  informed consent of the individual or his authorized representative before any
				  individual begins to participate in human research unless the research is
				  exempt under § 32.1-162.17 of the Code of Virginia.
2. Providers shall comply with all other
				  applicable state and federal laws and regulations regarding human research,
				  including the provisions under Chapter 5.1 (§ 32.1-162.16 et seq.) of
				  Title 32.1 of the Code of Virginia and the regulations adopted under §
				  37.2-402 of the Code of Virginia.
3. Providers shall obtain review and approval
				  from an institutional review board or research review committee prior to
				  performing or participating in a human research protocol. Documentation of this
				  review and approval shall be maintained and made available on request by the
				  individual or his authorized representative.
4. Prior to participation by individuals in
				  any human research project, the provider shall inform and provide a copy of the
				  institutional review board or research review committee approval to the LHRC.
				  Once the research has been initiated, the provider shall update the LHRC
				  periodically on the status of the individual's participation.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 115 - REGULATIONS TO ASSURE THE RIGHTS OF INDIVIDUALS RECEIVING SERVICES FROM PROVIDERS LICENSED, FUNDED, OR OPERATED BY THE DEPARTMENT OF BEHAVIORAL › Part III - Explanation of Individual Rights and Provider Duties › Section 12VAC35-115-140 - Complaint and fair hearing

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each
				  individual has a right to:
1. Complain that
				  the provider has violated any of the rights assured under these
				  regulations;
2. Have a timely and
				  fair review of any complaint according to the procedures in Part V
				  (12VAC35-115-150 et seq.) of this
				  chapter;
3. Have someone file a
				  complaint on his behalf;
4. Use
				  these and other complaint procedures; and
5. Complain under any other applicable law,
				  including complain to the protection and advocacy agency.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 115 - REGULATIONS TO ASSURE THE RIGHTS OF INDIVIDUALS RECEIVING SERVICES FROM PROVIDERS LICENSED, FUNDED, OR OPERATED BY THE DEPARTMENT OF BEHAVIORAL › Part IV - Substitute Decision Making › Section 12VAC35-115-145 - Determination of capacity to give consent or authorization

Current through Register Vol. 40, No. 24, July 15, 2024
If the capacity of an individual to consent to treatment,
					 services, or research, or authorize the disclosure of information is in doubt,
					 the provider shall obtain an evaluation from a professional who is qualified by
					 expertise, training, education, or credentials and not directly involved with
					 the individual to determine whether the individual has capacity to consent or
					 to authorize the disclosure of information.
1. Capacity evaluations shall be obtained for
				  all individuals who may lack capacity, even if they request that an authorized
				  representative be designated or agree to submit to a recommended course of
				  treatment.
2. In conducting this
				  evaluation, the professional may seek comments from representatives
				  accompanying the individual pursuant to
				  12VAC35-115-70 A 4 about the
				  individual's capacity to consent or to authorize disclosure.
3. Providers shall determine the need for an
				  evaluation of an individual's capacity to consent or authorize disclosure of
				  information and the need for a substitute decision maker whenever the
				  individual's condition warrants, the individual requests such a review, at
				  least every six months, and at discharge, except for individuals receiving
				  acute inpatient services.
a. If the
				  individual's record indicates that the individual is not expected to obtain or
				  regain capacity, the provider shall document annually that it has reviewed the
				  individual's capacity to make decisions and whether there has been any change
				  in that capacity.
b. Providers of
				  acute inpatient services shall determine the need for an evaluation of an
				  individual's capacity to consent or authorize disclosure of information
				  whenever the individual's condition warrants or at least at every treatment
				  team meeting. Results of such reviews shall be documented in the treatment team
				  notes and communicated to the individual and his authorized
				  representative.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 115 - REGULATIONS TO ASSURE THE RIGHTS OF INDIVIDUALS RECEIVING SERVICES FROM PROVIDERS LICENSED, FUNDED, OR OPERATED BY THE DEPARTMENT OF BEHAVIORAL › Part IV - Substitute Decision Making › Section 12VAC35-115-146 - Authorized representatives

Current through Register Vol. 40, No. 24, July 15, 2024
A. When
				  it is determined in accordance with
				  12VAC35-115-145 that an individual
				  lacks the capacity to consent or authorize the disclosure of information, the
				  provider shall recognize and obtain consent or authorization for those
				  decisions for which the individual lacks capacity from the following if
				  available:
1. An attorney-in-fact who is
				  currently empowered to consent or authorize the disclosure under the terms of a
				  durable power of attorney;
2. A
				  health care agent appointed by the individual under an advance directive or
				  power of attorney in accordance with the laws of Virginia; or
3. A legal guardian of the individual, or if
				  the individual is a minor, a parent with legal custody of the minor or other
				  person authorized to consent to treatment pursuant to § 54.1-2969A of the
				  Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 115 - REGULATIONS TO ASSURE THE RIGHTS OF INDIVIDUALS RECEIVING SERVICES FROM PROVIDERS LICENSED, FUNDED, OR OPERATED BY THE DEPARTMENT OF BEHAVIORAL › Part V - Complaint Resolution, Hearing, and Appeal Procedures › Section 12VAC35-115-150 - General provisions

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  parties to any complaint are the individual and the director. Each party can
				  also have anyone else represent him during resolution of the complaint. The
				  director shall make every effort to resolve the complaint at the earliest
				  possible stage.
B. Meetings,
				  reviews, and hearings will generally be closed to other people unless the
				  individual making the complaint requests that other people attend or if an open
				  meeting is required by the Virginia Freedom of Information Act (§ 2.2-3700
				  et seq. of the Code of Virginia).
1. The LHRC
				  and SHRC may conduct a closed hearing to protect the confidentiality of persons
				  who are not a party to the complaint, but only if a closed meeting is otherwise
				  allowed under the Virginia Freedom of Information Act (see § 2.2-3711 of
				  the Code of Virginia).
2. If any
				  person alleges that implementation of an LHRC recommendation would violate the
				  individual's rights or those of other individuals, the person may file a
				  petition for a hearing with the SHRC, according to
				  12VAC35-115-210.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 115 - REGULATIONS TO ASSURE THE RIGHTS OF INDIVIDUALS RECEIVING SERVICES FROM PROVIDERS LICENSED, FUNDED, OR OPERATED BY THE DEPARTMENT OF BEHAVIORAL › Part V - Complaint Resolution, Hearing, and Appeal Procedures › Section 12VAC35-115-160

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 115 - REGULATIONS TO ASSURE THE RIGHTS OF INDIVIDUALS RECEIVING SERVICES FROM PROVIDERS LICENSED, FUNDED, OR OPERATED BY THE DEPARTMENT OF BEHAVIORAL › Part V - Complaint Resolution, Hearing, and Appeal Procedures › Section 12VAC35-115-175 - Human rights complaint process

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each individual has a right to:
1. Make a complaint that the provider has
				  violated any of the rights assured under this chapter;
2. Have a timely and fair review of any
				  complaint in accordance with this chapter and the program's human rights
				  complaint resolution policies and procedures;
3. Have someone file a complaint on his
				  behalf;
4. Use these and other
				  complaint procedures; and
5. Make a
				  complaint under any other applicable law, including to the protection and
				  advocacy agency.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 115 - REGULATIONS TO ASSURE THE RIGHTS OF INDIVIDUALS RECEIVING SERVICES FROM PROVIDERS LICENSED, FUNDED, OR OPERATED BY THE DEPARTMENT OF BEHAVIORAL › Part V - Complaint Resolution, Hearing, and Appeal Procedures › Section 12VAC35-115-180 - Local Human Rights Committee hearing and review procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any individual
				  or his authorized representative who does not accept the relief offered by the
				  director or disagrees with (i) a director's final decision and action plan
				  resulting from the complaint resolution; (ii) a director's final action
				  following a report of abuse, neglect, or exploitation; or (iii) a director's
				  final decision following a complaint of discrimination in the provision of
				  services may request an LHRC hearing by following the steps provided in
				  subsections B through I of this section.
B. Step 1: The individual or his authorized
				  representative must file the petition for a hearing with the chairperson of the
				  LHRC within 10 working days of the director's action or final decision on the
				  complaint.
1. The petition for hearing must
				  be in writing. It should contain all facts and arguments surrounding the
				  complaint and reference any section of the regulations that the individual
				  believes the provider violated.
2.
				  The human rights advocate or any person the individual chooses may help the
				  individual in filing the petition. If the individual chooses a person other
				  than the human rights advocate to help him, he and his chosen representative
				  may request the human rights advocate's assistance in filing the
				  petition.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 115 - REGULATIONS TO ASSURE THE RIGHTS OF INDIVIDUALS RECEIVING SERVICES FROM PROVIDERS LICENSED, FUNDED, OR OPERATED BY THE DEPARTMENT OF BEHAVIORAL › Part V - Complaint Resolution, Hearing, and Appeal Procedures › Section 12VAC35-115-190 - Special procedures for emergency hearings by the LHRC

Current through Register Vol. 40, No. 24, July 15, 2024
A. If the human rights advocate informs the
				  LHRC of a substantial risk that serious and irreparable harm will result if a
				  complaint is not resolved immediately, the LHRC shall hold and conclude a
				  preliminary hearing within 72 hours of receiving this information.
1. The director or his designee and the human
				  rights advocate shall attend the hearing. The individual and his authorized
				  representative may attend the hearing.
2. The hearing shall be conducted according
				  to the procedures in
				  12VAC35-115-180, but it shall be
				  concluded on an expedited basis.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 115 - REGULATIONS TO ASSURE THE RIGHTS OF INDIVIDUALS RECEIVING SERVICES FROM PROVIDERS LICENSED, FUNDED, OR OPERATED BY THE DEPARTMENT OF BEHAVIORAL › Part V - Complaint Resolution, Hearing, and Appeal Procedures › Section 12VAC35-115-200 - Special procedures for LHRC reviews involving consent and authorization

Current through Register Vol. 40, No. 24, July 15, 2024
A. The individual,
				  his authorized representative, or anyone acting on the individual's behalf may
				  request in writing that the LHRC review the following situations and issue a
				  decision:
1. If an individual his authorized
				  representative objects at any time to the appointment of a specific person as
				  authorized representative or any decision for which consent or authorization is
				  required and has been given by his authorized representative, other than a
				  legal guardian, he may ask the LHRC to decide whether his capacity was properly
				  evaluated, the authorized representative was properly appointed, or his
				  authorized representative's decision was made based on the individual's basic
				  values and any preferences previously expressed by the individual to the extent
				  that they are known, and if unknown or unclear in the individual's best
				  interests.
a. The provider shall take no
				  action for which consent or authorization is required if the individual
				  objects, except in an emergency or as otherwise permitted by law, pending the
				  LHRC review.
b. If the LHRC
				  determines that the individual's capacity was properly evaluated, the
				  authorized representative is properly designated, or the authorized
				  representative's decision was made based on the individual's basic values and
				  any preferences previously expressed by the individual to the extent that they
				  are known, or if unknown or unclear in the individual's best interests, then
				  the provider may proceed according to the decision of the authorized
				  representative.
c. If the LHRC
				  determines that the individual's capacity was not properly evaluated or the
				  authorized representative was not properly designated, then the provider shall
				  take no action for which consent is required except in an emergency or as
				  otherwise required or permitted by law, until the capacity review and
				  authorized representative designation is properly done.
d. If the LHRC determines that the authorized
				  representative's decision was not made based on the individual's basic values
				  and any preferences previously expressed by the individual to the extent known,
				  and if unknown or unclear, in the individual's best interests, then the
				  provider shall take steps to remove the authorized representative pursuant to
				  12VAC35-115-146.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 115 - REGULATIONS TO ASSURE THE RIGHTS OF INDIVIDUALS RECEIVING SERVICES FROM PROVIDERS LICENSED, FUNDED, OR OPERATED BY THE DEPARTMENT OF BEHAVIORAL › Part V - Complaint Resolution, Hearing, and Appeal Procedures › Section 12VAC35-115-210 - State Human Rights Committee appeals procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any party may appeal to the SHRC if he is
				  not satisfied with any of the following:
1.
				  An LHRC's final findings of fact and recommendations following a
				  hearing;
2. A director's final
				  action plan following an LHRC hearing;
3. An LHRC's final decision regarding the
				  capacity of an individual to consent to treatment, services, or research or
				  authorize disclosure of information; or
4. An LHRC's final decision concerning
				  whether consent or authorization is needed for the director to take a certain
				  action.
The steps for filing an appeal are provided in subsections
					 B through I of this section.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 115 - REGULATIONS TO ASSURE THE RIGHTS OF INDIVIDUALS RECEIVING SERVICES FROM PROVIDERS LICENSED, FUNDED, OR OPERATED BY THE DEPARTMENT OF BEHAVIORAL › Part VI - Variances › Section 12VAC35-115-220 - Variances

Current through Register Vol. 40, No. 24, July 15, 2024
A. Variances to
				  these regulations shall be requested and approved only when the provider has
				  tried to implement the relevant requirement without a variance and can provide
				  objective, documented information that continued operation without a variance
				  is not feasible or will prevent the delivery of effective and appropriate
				  services and supports to individuals.
B. Only directors may apply for variances,
				  and they must first be approved by the provider, the governing body of the
				  provider, or the commissioner, as appropriate, before consideration by an LHRC
				  or the SHRC.
C. Upon receiving
				  approval from the governing body or commissioner, and after notifying the human
				  rights advocate and other interested persons, the director shall file a formal
				  application for variance with the LHRC. This application shall reference the
				  specific part of these regulations to which a variance is needed, the proposed
				  wording of the substitute rule or procedure, and the justification for a
				  variance. The application shall also describe time limits and other conditions
				  for duration and the circumstances that will end the applicability of the
				  variance.
1. When the LHRC receives the
				  application, it shall invite, and provide ample time to receive, oral or
				  written statements about the application from the human rights advocate,
				  individuals affected by the variance, and other interested persons.
2. The LHRC shall review the application and
				  prepare a written report of facts, which shall include its recommendation for
				  approval, disapproval, or modification. The LHRC shall send its report,
				  recommendations, and a copy of the original application to the State Human
				  Rights Director, the SHRC, and the director making application for the
				  variance.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 115 - REGULATIONS TO ASSURE THE RIGHTS OF INDIVIDUALS RECEIVING SERVICES FROM PROVIDERS LICENSED, FUNDED, OR OPERATED BY THE DEPARTMENT OF BEHAVIORAL › Part VII - Reporting Requirements › Section 12VAC35-115-230 - Provider requirements for reporting to the department

Current through Register Vol. 40, No. 24, July 15, 2024
A. Providers shall collect, maintain and
				  report the following information concerning abuse, neglect, and exploitation:
1. The director of a facility operated by the
				  department shall report allegations of abuse and neglect in accordance with all
				  applicable operating instructions issued by the commissioner or his
				  designee.
2. The director of a
				  service licensed or funded by the department shall report each allegation of
				  abuse or neglect to the assigned human rights advocate within 24 hours from the
				  receipt of the allegation (see
				  12VAC35-115-50 ).
3. The investigating authority shall provide
				  a written report of the results of the investigation of abuse or neglect to the
				  director and human rights advocate within 10 working days from the date the
				  investigation began unless an exemption has been granted by the department (see
				  12VAC35-115-50 ). This report
				  shall include:
a. Whether abuse, neglect, or
				  exploitation occurred;
b. The type
				  of abuse; and
c. Whether the act
				  resulted in physical or psychological injury.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 115 - REGULATIONS TO ASSURE THE RIGHTS OF INDIVIDUALS RECEIVING SERVICES FROM PROVIDERS LICENSED, FUNDED, OR OPERATED BY THE DEPARTMENT OF BEHAVIORAL › Part VIII - Enforcement and Sanctions › Section 12VAC35-115-240 - Human rights enforcement and sanctions

Current through Register Vol. 40, No. 24, July 15, 2024
A. The commissioner may invoke the sanctions
				  enumerated in § 37.2-419 of the Code of Virginia upon receipt of
				  information that a provider licensed or funded by the department is:
1. In violation of (i) the provisions of
				  § 37.2-400 and §§ 37.2-403 through 37.2-422 of the Code of
				  Virginia, (ii) these regulations, or (iii) provisions of the licensing
				  regulations adopted pursuant to §§ 37.2-404 and 37.2-411 of the Code
				  of Virginia; and
2. The violation
				  adversely affects the human rights of individuals or poses an imminent and
				  substantial threat to the health, safety, or welfare of individuals.
The commissioner shall notify the provider in writing of
					 the specific violation or violations found and of his intention to convene an
					 informal conference pursuant to § 2.2-4019 of the Code of Virginia at
					 which the presiding officer will be asked to recommend issuance of a special
					 order.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 115 - REGULATIONS TO ASSURE THE RIGHTS OF INDIVIDUALS RECEIVING SERVICES FROM PROVIDERS LICENSED, FUNDED, OR OPERATED BY THE DEPARTMENT OF BEHAVIORAL › Part IX - Responsibilities and Duties › Section 12VAC35-115-250

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority
§§ 37.2-203 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 115 - REGULATIONS TO ASSURE THE RIGHTS OF INDIVIDUALS RECEIVING SERVICES FROM PROVIDERS LICENSED, FUNDED, OR OPERATED BY THE DEPARTMENT OF BEHAVIORAL › Part IX - Responsibilities and Duties › Section 12VAC35-115-260 - Provider and department responsibilities

Current through Register Vol. 40, No. 24, July 15, 2024
A. Providers, through their directors, shall:
1. Designate a person or persons responsible
				  for helping individuals exercise their rights and resolve complaints regarding
				  services;
2. Take all steps
				  necessary to perform duties required by, and ensure compliance with, this
				  chapter in all services provided;
3. Post information in program locations
				  about the existence and purpose of the human rights program;
4. Communicate information about the
				  availability of a human rights advocate to individuals and authorized
				  representatives, in accordance with
				  12VAC35-115-40
				  B 1 and B 2;
5. Ensure access, as
				  needed, to the LHRC for all individuals receiving services;
6. Provide the human rights advocate
				  unrestricted access to an individual and his services records whenever the
				  advocate deems access is necessary to carry out rights protection, complaint
				  resolution, and advocacy on behalf of the individual;
7. Require competency-based training of
				  employees on this chapter upon employment and at least annually thereafter.
				  Documentation of such competency shall be maintained in the employee's
				  personnel file;
8. Comply with all
				  state laws governing the reporting of abuse and neglect and all procedures set
				  forth in this chapter for reporting allegations of abuse, neglect, or
				  exploitation;
9. Submit to the
				  human rights advocate for review and comment proposed policies, procedures, or
				  practices that may affect individual human rights;
10. Ensure appointment of a designated
				  liaison to, and appropriate staff participation with, the LHRC, as
				  required;
11. Cooperate with the
				  human rights advocate and the LHRC to investigate and correct conditions or
				  practices interfering with the free exercise of individuals' human rights and
				  make sure that all employees cooperate with the human rights advocate, the
				  LHRC, and the SHRC in carrying out their duties under this chapter;
12. Comply with requests by the SHRC, LHRC,
				  or human rights advocate for information, policies, procedures, and written
				  reports regarding compliance with this chapter;
13. Ensure the availability of records and
				  employee witnesses upon the request of the LHRC or SHRC;
14. Submit applications for variances to this
				  chapter only as a last resort; and
15. Not influence or attempt to influence the
				  appointment of any person to an LHRC affiliated with the provider or
				  director.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 120 - RULES AND REGULATIONS TO ASSURE THE RIGHTS OF PATIENTS OF PSYCHIATRIC HOSPITALS AND OTHER PSYCHIATRIC FACILITIES LICENSED BY THE [REPEALED] › Section 12VAC35-120-10 to 12VAC35-120-70

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 130 - RULES AND REGULATIONS TO ASSURE THE RIGHTS OF CLIENTS IN COMMUNITY PROGRAMS [REPEALED] › Section 12VAC35-130-10 to 12VAC35-130-370

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 180 - REGULATIONS TO ENSURE THE PROTECTION OF SUBJECTS IN HUMAN RESEARCH › Section 12VAC35-180-30 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter shall apply to the Department of Behavioral
				  Health and Developmental Services, any community services board, and any
				  facility operated, funded, or licensed by the department that conducts or that
				  proposes to conduct or authorize human research in which individuals
				  participate as human subjects.
Statutory Authority: §§
											37.2-203
					 and
					 37.2-402
					 of the Code of Virginia.