reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 371 - REGULATIONS FOR THE LICENSURE OF NURSING FACILITIES › Part I - Definitions and General Information › Section 12VAC5-371-40 - Licensing process

Current through Register Vol. 40, No. 24, July 15, 2024
A. Upon request,
				  the OLC will provide consultation to any person seeking information about
				  obtaining a license. The purpose of such consultation is to:
1. Explain the standards and the licensing
				  process;
2. Provide assistance in
				  locating other sources of information;
3. Review the potential applicant's proposed
				  program plans, forms, and other documents, as they relate to standards;
				  and
4. Alert the potential
				  applicant regarding the need to meet other state and local ordinances, such as
				  fire and building codes and environmental health standards, where
				  applicable.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 371 - REGULATIONS FOR THE LICENSURE OF NURSING FACILITIES › Part I - Definitions and General Information › Section 12VAC5-371-60 - On-site inspections

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  licensing representative shall make unannounced on-site inspections of the
				  nursing facility. The licensee shall be responsible for correcting any
				  deficiencies found during any on-site inspection. Compliance with all standards
				  will be determined by the OLC.
B.
				  The licensee shall make available to the licensing representative any necessary
				  records.
C. The licensee shall also
				  allow the licensing representative to interview the agents, employees,
				  residents, family members, and any person under its custody, control, direction
				  or supervision.
D. After the
				  on-site inspection, the licensing representative shall discuss the findings of
				  the inspection with the administrator or designee.
E. As applicable, the administrator shall
				  submit an acceptable plan for correcting any deficiencies found during an
				  on-site inspection.
F. The
				  administrator will be notified whenever any item in the plan of correction is
				  determined to be unacceptable.
G.
				  The administrator shall be responsible for assuring the plan of correction is
				  implemented and monitored so that compliance is maintained.
Statutory Authority: §§
												32.1-12
						and
						32.1-127 of the Code
						of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 371 - REGULATIONS FOR THE LICENSURE OF NURSING FACILITIES › Part I - Definitions and General Information › Section 12VAC5-371-70 - Complaint investigation

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  OLC has the responsibility to investigate any complaints regarding alleged
				  violations of the standards or statutes and complaints of the abuse or neglect
				  of persons in care. The Department of Social Services and the State Ombudsman
				  are notified of complaints received.
B. Complaints may be received in written or
				  oral form and may be anonymous.
C.
				  When the investigation is complete, the licensee and the complainant, if known,
				  will be notified of the findings of the investigation.
D. As applicable, the administrator shall
				  submit an acceptable plan for correcting any deficiencies found during a
				  complaint investigation.
E. The
				  administrator will be notified whenever any item in the plan of correction is
				  determined to be unacceptable.
F.
				  The administrator shall be responsible for assuring the plan of correction is
				  implemented and monitored so that compliance is maintained.
Statutory Authority: §§
												32.1-12
						and
						32.1-127 of the Code
						of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 371 - REGULATIONS FOR THE LICENSURE OF NURSING FACILITIES › Part I - Definitions and General Information › Section 12VAC5-371-75 - Criminal records check

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
				  nursing facility may not hire for compensated employment a person who has been
				  convicted of a barrier crime, unless:
1. The
				  person has been convicted of a single barrier crime punishable as a
				  misdemeanor;
2. The conviction does
				  not involve abuse or neglect; and
3. Five years have elapsed since the
				  conviction.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 371 - REGULATIONS FOR THE LICENSURE OF NURSING FACILITIES › Part I - Definitions and General Information › Section 12VAC5-371-80 - Variances

Current through Register Vol. 40, No. 24, July 15, 2024
A. The commissioner
				  may authorize variances only to its own licensing standards, not to regulations
				  of another agency or to any requirements in federal, state, or local
				  laws.
B. A nursing facility may
				  request a variance to a particular standard or requirement contained in this
				  chapter when the standard or requirement poses a special hardship and when a
				  variance to it would not endanger the safety or well-being of residents,
				  employees, or the public.
C. Upon
				  finding that the enforcement of one or more of the standards would be clearly
				  impractical, the commissioner shall have the authority to waive, either
				  temporarily or permanently, the enforcement of one or more of these standards,
				  provided safety, resident care and services are not adversely
				  affected.
D. The commissioner may
				  rescind or modify a variance if (i) conditions change; (ii) additional
				  information becomes known which alters the basis for the original decision;
				  (iii) the nursing facility fails to meet any conditions attached to the
				  variance; or (iv) results of the variance jeopardize the safety, comfort, or
				  well-being of residents, employees and the public.
E. Consideration of a variance is initiated
				  when a written request is submitted to the director of the OLC. The OLC may
				  provide consultation in the development of the written request and throughout
				  the variance process.
F. The
				  request for a variance must describe the special hardship to the existing
				  program or to a planned innovative or pilot program caused by the enforcement
				  of the requirements. When possible, the request should include proposed
				  alternatives to meet the purpose of the requirements which will ensure the
				  protection and well-being of residents, employees, and the public.
G. The OLC shall notify the nursing facility
				  of the receipt of the request for a variance. The commissioner may attach
				  conditions to the granting of the variance in order to protect persons in
				  care.
H. When the decision is to
				  deny a request for a variance, the reason shall be provided in writing to the
				  licensee.
I. When a variance is
				  denied, expires, or is rescinded, routine enforcement of the standard or
				  portion of the standard shall be resumed. The nursing facility may at any time
				  withdraw a request for a variance.
Statutory Authority: §§
												32.1-12
						and
						32.1-127 of the Code
						of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 371 - REGULATIONS FOR THE LICENSURE OF NURSING FACILITIES › Part I - Definitions and General Information › Section 12VAC5-371-90 - Administrative sanctions

Current through Register Vol. 40, No. 24, July 15, 2024
A. Nothing
				  in this part shall prohibit the department from exercising its responsibility
				  and authority to enforce the regulation, including proceeding directly to
				  imposition of administrative sanctions, when the quality of care or the quality
				  of life has been severely compromised.
B. The commissioner may impose such
				  administrative sanctions or take such actions as are appropriate for violation
				  of any of the standards or statutes or for abuse or neglect of persons in care.
				  Such sanctions include:
1. Restricting or
				  prohibiting new admissions to any nursing facility;
2. Petitioning the court to impose a civil
				  penalty or to appoint a receiver, or both; or
3. Revoking or suspending the license of a
				  nursing facility.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 371 - REGULATIONS FOR THE LICENSURE OF NURSING FACILITIES › Part I - Definitions and General Information › Section 12VAC5-371-100 - Surrender of a license

Current through Register Vol. 40, No. 24, July 15, 2024
A. Upon
				  revocation or suspension of a license, the licensee must surrender its license
				  to a representative of the OLC.
B.
				  If a license is revoked, a new license may be issued by the commissioner after
				  satisfactory evidence is submitted that the conditions upon which revocation
				  was based have been corrected and after proper inspection has been made and
				  compliance with this chapter and applicable state and federal law has been
				  obtained.
C. Suspension of a
				  license shall in all cases be for an indefinite time. The commissioner may
				  completely or partially restore a suspended license when he determines that the
				  conditions upon which suspension was based have been completely or partially
				  corrected and that the interests of the public will not be jeopardized by
				  resumption of operation.
D. Other
				  circumstances under which a license must be surrendered include transfer of
				  ownership and discontinuation of services. The licensee must notify the OLC, in
				  writing, 30 days before discontinuing services.
Statutory Authority
§§ 32.1-12 and 32.1-127 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 371 - REGULATIONS FOR THE LICENSURE OF NURSING FACILITIES › Part II - Administrative Services › Section 12VAC5-371-110 - Management and administration

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  No person shall own, establish, conduct, maintain, manage, or operate any
				  nursing facility, as defined in §
										32.1-123 of the Code
				  of Virginia, without having obtained a license.
B. The nursing facility must comply with:
1. These regulations (12VAC5-371);
2. Other applicable federal, state or local
				  laws and regulations; and
3. Its
				  own policies and procedures.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 371 - REGULATIONS FOR THE LICENSURE OF NURSING FACILITIES › Part II - Administrative Services › Section 12VAC5-371-120 - Governing body

Current through Register Vol. 40, No. 24, July 15, 2024
A. The nursing
				  facility shall have a governing body that is legally responsible for the
				  management of the operation.
B. The
				  governing body shall adopt written bylaws that describe the organizational
				  structure and establish authority and responsibility in accordance with
				  applicable laws, including a:
1. Statement of
				  purpose;
2. Description of the
				  functions of the governing body members, officers and committees;
3. Description of the method of adoption,
				  implementation, and periodic review of policies and procedures; and
4. Description of the methods to be utilized
				  to assure compliance with this chapter.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 371 - REGULATIONS FOR THE LICENSURE OF NURSING FACILITIES › Part II - Administrative Services › Section 12VAC5-371-130 - Administrator

Current through Register Vol. 40, No. 24, July 15, 2024
A. The governing
				  body shall appoint an individual, on a full-time basis, to serve as its on-site
				  agent, responsible for the day-to-day administration and management.
B. The governing body shall provide the OLC
				  with evidence that the individual appointed as administrator is:
1. Currently licensed by the Virginia Board
				  of Long-Term Care Administrators; or
2. Holds a current administrator's license in
				  another state and has filed an application for license with the Virginia Board
				  of Long-Term Care Administrators.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 371 - REGULATIONS FOR THE LICENSURE OF NURSING FACILITIES › Part II - Administrative Services › Section 12VAC5-371-140 - Policies and procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  nursing facility shall implement written policies and procedures approved by
				  the governing body.
B. All policies
				  and procedures shall be reviewed at least annually, with recommended changes
				  submitted to the governing body for approval.
C. A written record of the annual policy
				  review, including at least the review dates, participants, recommendations and
				  action dates of the governing body, shall be maintained.
D. Administrative and operational policies
				  and procedures shall include:
1.
				  Administrative records;
2.
				  Admission, transfer and discharge;
3. Medical direction and physician
				  services;
4. Nursing direction and
				  nursing services;
5. Pharmaceutical
				  services, including drugs purchased outside the nursing facility;
6. Dietary services;
7. Social services;
8. Activities services;
9. Restorative and rehabilitative resident
				  services;
10. Contractual
				  services;
11. Clinical
				  records;
12. Resident rights and
				  grievances;
13. Quality assurance
				  and infection control and prevention;
14. Safety and emergency preparedness
				  procedures;
15. Professional and
				  clinical ethics, including:
a.
				  Confidentiality of resident information;
b. Truthful communication with
				  residents;
c. Observance of
				  appropriate standards of informed consent and refusal of treatment;
				  and
d. Preservation of resident
				  dignity, with special attention to the needs of the aged, the cognitively
				  impaired, and the dying; and
16. Nursing facility security.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 371 - REGULATIONS FOR THE LICENSURE OF NURSING FACILITIES › Part II - Administrative Services › Section 12VAC5-371-150 - Resident rights

Current through Register Vol. 40, No. 24, July 15, 2024
A. The nursing
				  facility shall develop and implement policies and procedures that ensure
				  resident's rights as defined in §§
										32.1-138
				  and
				  32.1-138.1
				  of the Code of Virginia.
B. The
				  procedures shall:
1. Not restrict any right a
				  resident has under law;
2. Provide
				  staff training to implement resident's rights; and
3. Include grievance procedures.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 371 - REGULATIONS FOR THE LICENSURE OF NURSING FACILITIES › Part II - Administrative Services › Section 12VAC5-371-160 - Financial controls and resident funds

Current through Register Vol. 40, No. 24, July 15, 2024
A. All financial records, including resident
				  funds, shall be kept according to generally accepted accounting principles
				  (GAAP).
B. Each nursing facility
				  shall maintain liability insurance coverage in a minimum of $1 million and
				  professional liability coverage in an amount at least equal to the recovery
				  limit set forth in §
										8.01-581.15
				  of the Code of Virginia to compensate residents or individuals for injuries and
				  losses resulting from the negligent or criminal acts of the nursing facility.
				  Failure to maintain minimum insurance shall result in revocation of the nursing
				  facility's license.
C. Nursing
				  facilities choosing to handle resident funds shall:
1. Comply with §
											32.1-138A
				  7 of the Code of Virginia regarding resident funds;
2. Purchase a surety bond or otherwise
				  provide assurance for the security of all personal funds deposited with the
				  nursing facility; and
3. Provide
				  for separate accounting for resident funds.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 371 - REGULATIONS FOR THE LICENSURE OF NURSING FACILITIES › Part II - Administrative Services › Section 12VAC5-371-170 - Quality assessment and assurance

Current through Register Vol. 40, No. 24, July 15, 2024
A. The nursing facility shall maintain a
				  quality assessment and assurance committee consisting of at least the following
				  individuals:
1. The director of nursing
				  services;
2. A physician designated
				  by the nursing facility; and
3. At
				  least three other members of the nursing facility staff, one of whom
				  demonstrates an ability to represent the rights and concerns of
				  residents.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 371 - REGULATIONS FOR THE LICENSURE OF NURSING FACILITIES › Part II - Administrative Services › Section 12VAC5-371-180 - Infection control

Current through Register Vol. 40, No. 24, July 15, 2024
A. The nursing
				  facility shall establish and maintain an infection control program designed to
				  provide a safe, sanitary, and comfortable environment and to prevent the
				  development and transmission of disease and infection.
B. The infection control program shall
				  encompass the entire physical plant and all services.
C. The infection control program addressing
				  the surveillance, prevention and control of infections in the nursing facility
				  shall include:
1. Procedures to isolate the
				  infecting organism;
2. Access to
				  handwashing equipment for staff;
3.
				  Training of staff in proper handwashing techniques, according to accepted
				  professional standards, to prevent cross contamination;
4. Implementation of universal precautions by
				  direct resident care staff;
5.
				  Prohibiting employees with communicable diseases or infections from direct
				  contact with residents or their food, if direct contact will transmit
				  disease;
6. Monitoring staff
				  performance of infection control practices;
7. Handling, storing, processing and
				  transporting linens, supplies and equipment in a manner that prevents the
				  spread of infection;
8. Handling,
				  storing, processing and transporting regulated medical waste in accordance with
				  applicable regulations;
9.
				  Maintaining an effective pest control program; and
10. Staff education regarding infection
				  risk-reduction behavior.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 371 - REGULATIONS FOR THE LICENSURE OF NURSING FACILITIES › Part II - Administrative Services › Section 12VAC5-371-190 - Safety and emergency procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. A written emergency preparedness plan
				  shall be developed, reviewed, and implemented when needed. The plan shall
				  address responses to natural disasters, as well as fire or other emergency
				  which disrupts the normal course of operations. The plan shall address
				  provisions for relocating residents and also address staff responsibilities
				  for:
1. Alerting emergency personnel and
				  sounding alarms;
2. Implementing
				  evacuation procedures including the evacuation of residents with special
				  needs;
3. Using, maintaining and
				  operating emergency equipment;
4.
				  Accessing resident emergency medical information; and
5. Utilizing community support
				  services.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 371 - REGULATIONS FOR THE LICENSURE OF NURSING FACILITIES › Part II - Administrative Services › Section 12VAC5-371-191 - Electronic monitoring in resident rooms

Current through Register Vol. 40, No. 24, July 15, 2024
A. All requests for electronic monitoring
				  shall be made in writing and signed by the resident or legal representative if
				  the resident has been properly assessed incapable of requesting and authorizing
				  the monitoring.
B. Only electronic
				  monitoring in accordance with this section is permitted.
C. A nursing facility shall not refuse to
				  admit an individual and shall not discharge or transfer a resident due to a
				  request to conduct authorized electronic monitoring.
D. Family members cannot obtain electronic
				  monitoring over the objections of the resident, the resident's roommate, or the
				  resident's legal representative. No equipment may be installed pursuant to
				  subsection Q of this section over the objections of the resident or legal
				  representative. Nursing facilities shall not use monitoring equipment in
				  violation of the law based solely on a family member's request or
				  approval.
E. Consent for electronic
				  monitoring shall be kept in the resident's medical record.
F. Nursing facilities shall designate one
				  staff person to be responsible for managing the electronic monitoring
				  program.
G. Nursing facilities may
				  designate custodial ownership of any recordings from monitoring devices to the
				  resident or legal representative. Nursing facility retained recordings shall be
				  considered part of the resident's medical record and shall be retained for no
				  less than two years or as required by state and federal laws.
H. If a nursing facility chooses to retain
				  ownership of recordings, the nursing facility shall not permit viewings of
				  recordings without consent of the resident or legal representative except to
				  the extent that disclosure is required by law through a court order or pursuant
				  to a lawful subpoena duces tecum. Should the resident or legal representative
				  approve viewing, the nursing facility shall accommodate viewing of any
				  recordings in a timely manner, including providing:
1. Appropriate playing or viewing
				  equipment;
2. Privacy during
				  viewing; and
3. Viewing times
				  convenient to the resident or legal representative.
If unauthorized viewing is discovered, the nursing facility
					 shall report any such violation to the Office of Long-Term Care Ombudsman and
					 to the OLC.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 371 - REGULATIONS FOR THE LICENSURE OF NURSING FACILITIES › Part III - Resident Services › Section 12VAC5-371-200 - Director of nursing

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each
				  nursing facility shall employ a full-time director of nursing to supervise the
				  delivery of nursing services. The individual hired shall be a registered nurse
				  licensed by the Virginia Board of Nursing.
B. The duties and responsibilities of the
				  director of nursing shall include, but are not limited to:
1. Developing and maintaining (i) nursing
				  service objectives, (ii) standards of practice, (iii) policy and procedure
				  manuals, and (iv) job descriptions for each level of nursing
				  personnel;
2. Recommending to the
				  administrator the resources needed to carry out nursing service, including but
				  not limited to, equipment and supplies and the number and level of nursing
				  personnel to be employed;
3.
				  Participating in the employment of nursing personnel, including (i)
				  recruitment, (ii) selection, (iii) position assignment, (iv) orientation, (v)
				  in-service education, (vi) supervision, (vii) evaluation, and (viii)
				  termination;
4. Participating with
				  the medical director in developing and implementing policies for resident
				  care;
5. Assuring that the
				  comprehensive plan of care is maintained in conjunction with other
				  disciplines;
6. Coordinating
				  nursing services with other services such as medical, rehabilitative, and
				  social services and the resident activity program;
7. Participating in quality assurance
				  committee meetings to identify issues and to develop and implement appropriate
				  plans of action to correct identified problems;
8. Making daily rounds on resident floors,
				  unless this duty has been delegated to another licensed nurse; and
9. Recommending and coordinating the training
				  needs of nursing staff with the individual responsible for in-service
				  training.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 371 - REGULATIONS FOR THE LICENSURE OF NURSING FACILITIES › Part III - Resident Services › Section 12VAC5-371-210 - Nurse staffing

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
				  nursing supervisor, designated by the director of nursing, shall be responsible
				  for all nursing activities in the nursing facility, or in the section to which
				  assigned, including:
1. Making daily visits
				  to determine resident physical, mental, and emotional status and implementing
				  any required nursing intervention;
2. Reviewing medication records for
				  completeness, accuracy in the transcription of physician orders, and adherence
				  to stop-order policies;
3.
				  Reviewing resident plans of care for appropriate goals and approaches, and
				  making revisions based on individual needs;
4. Assigning to the nursing staff
				  responsibility for nursing care;
5.
				  Supervising and evaluating performance of all nursing personnel on the unit;
				  and
6. Keeping the director of
				  nursing services, or director of nursing designee, informed of the status of
				  residents and other related matters.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 371 - REGULATIONS FOR THE LICENSURE OF NURSING FACILITIES › Part III - Resident Services › Section 12VAC5-371-220 - Nursing services

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each
				  nursing facility shall implement written resident care policies and procedures
				  which support an active program of nursing care directed toward assisting all
				  residents to achieve outcomes consistent with their highest level of self-care
				  and independence.
B. All
				  medications and treatments will be administered as prescribed in the resident's
				  medical plan of care.
C. Services
				  shall be provided to prevent clinically avoidable complications, including, but
				  not limited to:
1. Pressure ulcer
				  development;
2.
				  Contracture;
3. Loss of
				  continence;
4. Dehydration;
				  and
5. Malnutrition.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 371 - REGULATIONS FOR THE LICENSURE OF NURSING FACILITIES › Part III - Resident Services › Section 12VAC5-371-230 - Medical direction

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each
				  nursing facility shall have a written agreement with one or more physicians
				  licensed by the Virginia Board of Medicine to serve as medical
				  director.
B. The duties of the
				  medical director shall include, but are not limited to:
1. Advising the administrator and the
				  director of nursing on medical issues, including the criteria for residents to
				  be admitted, transferred or discharged from the nursing facility;
2. Advising on the development and execution
				  of policies and procedures that have a direct effect upon the quality of
				  medical and nursing care delivered to residents;
3. Acting as liaison and consulting with the
				  administrator and the attending physician on matters regarding medical and
				  nursing care policies and procedures of the nursing facility;
4. Advising and providing consultation to the
				  nursing facility staff regarding communicable diseases, infection control and
				  isolation procedures, and serving as liaison with local health
				  officials;
5. Providing temporary
				  physician services when the admitting physician is not the attending physician,
				  in order to assure that the resident has temporary medical orders;
6. Providing physician services in case of
				  emergency in the event that the resident's attending physician cannot be
				  reached; and
7. Advising on the
				  development and execution of an employee health program, which shall include
				  provisions for determining that employees are free of communicable diseases
				  according to current acceptable standards of practice.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 371 - REGULATIONS FOR THE LICENSURE OF NURSING FACILITIES › Part III - Resident Services › Section 12VAC5-371-240 - Physician services

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each
				  resident shall be under the care of a physician licensed by the Virginia Board
				  of Medicine. Nurse practitioners and physician assistants licensed to practice
				  in Virginia may provide care as assigned by the supervising physician and
				  within the parameters of professional licensing.
B. Prior to, or at the time of admission,
				  each resident, his designated representative, or the entity responsible for his
				  care shall designate an attending physician.
C. A complete medical plan of care must be
				  provided at the time of admission, or within 48 hours after admission. The plan
				  shall include:
1. Primary
				  diagnosis;
2. Identification of
				  resident problems;
3. Medical
				  history and physical exam;
4.
				  Orders for medications;
5.
				  Treatments;
6. Restorative
				  services;
7. Activity
				  levels;
8. Diet;
9. Special procedures recommended for health
				  and safety of the resident; and
10.
				  Advance directives, if known.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 371 - REGULATIONS FOR THE LICENSURE OF NURSING FACILITIES › Part III - Resident Services › Section 12VAC5-371-250 - Resident assessment and care planning

Current through Register Vol. 40, No. 24, July 15, 2024
A. The nursing facility shall conduct an
				  initial and periodic assessment of each resident's needs. The assessment shall
				  accurately describe the resident's capability to perform daily life functions
				  and significant impairments in functional capacity. This comprehensive
				  assessment shall include, but is not limited to:
1. Medically defined conditions and prior
				  medical history;
2. Medical
				  status;
3. Physical and mental
				  functional status;
4. Sensory and
				  physical impairments;
5.
				  Nutritional status and requirements;
6. Special treatments or
				  procedures;
7. Psychosocial
				  status;
8. Discharge
				  potential;
9. Dental
				  condition;
10. Activities
				  potential;
11. Rehabilitative
				  potential;
12. Cognitive
				  status;
13. Drug therapy;
				  and
14. Any known advance
				  directives.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 371 - REGULATIONS FOR THE LICENSURE OF NURSING FACILITIES › Part III - Resident Services › Section 12VAC5-371-260 - Staff development and inservice training

Current through Register Vol. 40, No. 24, July 15, 2024
A. All full-time, part-time, and temporary
				  personnel shall receive orientation to the nursing facility commensurate with
				  their function or job-specific responsibilities.
B. All resident care staff shall receive
				  annual inservice training commensurate with their function or job-specific
				  responsibilities in at least the following:
1. Special needs of residents as determined
				  by the nursing facility staff;
2.
				  Prevention and control of infections;
3. Fire prevention or control and emergency
				  preparedness;
4. Safety and
				  accident prevention;
5. Restraint
				  use, including alternatives to physical and chemical restraints;
6. Confidentiality of resident
				  information;
7. Understanding the
				  needs of the aged and disabled;
8.
				  Resident rights, including personal rights, property rights and the protection
				  of privacy, and procedures for handling complaints;
9. Care of the cognitively
				  impaired;
10. Basic principles of
				  cardiopulmonary resuscitation for licensed nursing staff and the Heimlich
				  maneuver for nurse aides; and
11.
				  Prevention and treatment of pressure sores.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 371 - REGULATIONS FOR THE LICENSURE OF NURSING FACILITIES › Part III - Resident Services › Section 12VAC5-371-270 - Social services

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  nursing facility shall provide a comprehensive social services program to meet
				  the psychosocial and medically related needs of each resident.
B. There shall be at least one designated
				  staff member responsible for coordinating resident social services.
C. This individual shall have one of the
				  following qualifications:
1. A bachelor's
				  degree in social work or human services appropriate to resident needs;
				  or
2. One year, within the last
				  five years, supervised direct social work experience.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 371 - REGULATIONS FOR THE LICENSURE OF NURSING FACILITIES › Part III - Resident Services › Section 12VAC5-371-280 - Resident activities

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  nursing facility shall provide activities, on a regularly scheduled basis,
				  specifically suited to the needs and interests of each resident based on the
				  resident's comprehensive plan of care.
B. There shall be at least one staff member
				  responsible for coordinating resident activities. The individual shall meet at
				  least one of the following qualifications:
1.
				  Be a qualified therapeutic recreation specialist or an activities
				  professional;
2. Be eligible for
				  certification as a therapeutic recreation specialist or activities professional
				  by a recognized accrediting body;
3. Have one year full-time experience, within
				  the last five years, in a patient activities program in a health care
				  setting;
4. Be a qualified
				  occupational therapist or occupational therapy assistant; or
5. Have completed 40 hours training in group
				  activities and recognizing and assessing the activity needs of
				  residents.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 371 - REGULATIONS FOR THE LICENSURE OF NURSING FACILITIES › Part III - Resident Services › Section 12VAC5-371-290 - Special rehabilitative services

Current through Register Vol. 40, No. 24, July 15, 2024
A. The nursing facility shall provide, or
				  arrange for under written agreement, specialized rehabilitative services, such
				  as physical therapy, speech-language pathology services and occupational
				  therapy.
B. Specialized
				  rehabilitative services shall be provided in accordance with accepted standards
				  of practice by qualified therapists, or by trained assistants under the
				  supervision of a licensed or certified therapist.
C. Rehabilitative services shall be
				  authorized by the attending physician and a written plan of care developed in
				  consultation with the appropriate therapist.
Statutory Authority
§§ 32.1-12 and 32.1-127 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 371 - REGULATIONS FOR THE LICENSURE OF NURSING FACILITIES › Part III - Resident Services › Section 12VAC5-371-300 - Pharmaceutical services

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Provision shall be made for the procurement, storage, dispensing, and
				  accounting of drugs and other pharmacy products in compliance with 18VAC110-20.
				  This may be by arrangement with an off-site pharmacy, but must include
				  provisions for 24-hour emergency service.
B. Each nursing facility shall develop and
				  implement policies and procedures for the handling of drugs and biologicals,
				  including procurement, storage, administration, self-administration, and
				  disposal of drugs.
C. Each nursing
				  facility shall have a written agreement with a qualified pharmacist to provide
				  consultation on all aspects of the provision of pharmacy services in the
				  nursing facility.
D. The consultant
				  pharmacist shall make regularly scheduled visits, at least monthly, to the
				  nursing facility for a sufficient number of hours to carry out the function of
				  the agreement.
E. Excluding
				  cannabidiol oil and THC-A oil,no drug or medication shall be administered to
				  any resident without a valid verbal order or a written, dated and signed order
				  from a physician, dentist, podiatrist, nurse practitioner, or physician
				  assistant, licensed in Virginia.
F.
				  Nursing facility employees who are authorized to possess, distribute, or
				  administer medications to residents may store, dispense, or administer
				  cannabidiol oil or THC-A oil to a resident who has:
1. Been issued a valid written certification
				  for the use of cannabidiol oil or THC-A oil in accordance with subsection B of
				  §
											54.1-3408.3
				  of the Code of Virginia; and
2.
				  Registered with the Board of Pharmacy.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 371 - REGULATIONS FOR THE LICENSURE OF NURSING FACILITIES › Part III - Resident Services › Section 12VAC5-371-310 - Diagnostic services

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  nursing facility shall provide, or arrange for under written agreement,
				  laboratory, x-ray and other diagnostic services, as ordered by a
				  physician.
B. The nursing facility
				  shall notify the attending physician of the results of diagnostic
				  services.
Statutory Authority
§§ 32.1-12 and 32.1-127 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 371 - REGULATIONS FOR THE LICENSURE OF NURSING FACILITIES › Part III - Resident Services › Section 12VAC5-371-320 - Dental services

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Provisions shall be made to assist residents to obtain routine and emergency
				  dental care.
B. Each nursing
				  facility shall make arrangements with a qualified dental professional to
				  provide consultation and recommend oral hygiene policies and practices for the
				  care of residents.
Statutory Authority
§§ 32.1-12 and 32.1-127 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 371 - REGULATIONS FOR THE LICENSURE OF NURSING FACILITIES › Part III - Resident Services › Section 12VAC5-371-330 - Restraint usage

Current through Register Vol. 40, No. 24, July 15, 2024
A. A resident
				  shall be free from any physical or chemical restraints imposed for purposes of
				  discipline or convenience, and not required to treat the resident's medical
				  symptoms.
B. Restraints shall only
				  be used:
1. In accordance with the
				  comprehensive assessment and plan of care, which includes a schedule or plan of
				  rehabilitation training enabling the progressive removal or the progressive use
				  of less restrictive restraints when appropriate; and
2. As a last resort, after completing,
				  implementing, and evaluating the resident's comprehensive assessment and plan
				  of care, when the nursing facility has determined that less restrictive means
				  have failed.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 371 - REGULATIONS FOR THE LICENSURE OF NURSING FACILITIES › Part IV - Support Services › Section 12VAC5-371-340 - Dietary and food service program

Current through Register Vol. 40, No. 24, July 15, 2024
A. The dietary and food service operation
				  shall meet all applicable sections of 12VAC5-421.
B. There shall be a food protection manager,
				  qualified as allowed in
				  12VAC5-421-60, responsible for the
				  full-time management and supervision of the dietary service.
C. If the food protection manager is not a
				  dietitian qualified according to § 54.1-2731 of the Code of Virginia, the
				  nursing facility shall have a written agreement for ongoing consultation from a
				  registered dietitian who meets the qualifications of § 54.1-2731 of the
				  Code of Virginia to provide guidance to the food protection manager on methods
				  for maintaining the dietary service, planning of nutritionally balanced meals,
				  and assessing the dietary needs of individual residents.
D. The dietitian's duties shall include the
				  following:
1. Developing all menus, including
				  therapeutic diets prescribed by a resident's physician;
2. Developing, revising, and annually
				  reviewing dietary policies, procedures and job descriptions;
3. Assisting in planning and conducting
				  regularly scheduled inservice training that includes, but is not limited to:
a. Therapeutic diets;
b. Food preparation requirements;
				  and
c. Principles of
				  sanitation.
4. Visiting
				  residents on a regular basis to discuss nutritional problems, depending upon
				  their needs and level of care, and recommending appropriate
				  solutions.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 371 - REGULATIONS FOR THE LICENSURE OF NURSING FACILITIES › Part IV - Support Services › Section 12VAC5-371-360 - Clinical records

Current through Register Vol. 40, No. 24, July 15, 2024
A. The nursing
				  facility shall maintain an organized clinical record system in accordance with
				  recognized professional practices. Written policies and procedures shall be
				  established specifying content and completion of clinical records.
B. Clinical records shall be confidential.
				  Only authorized personnel shall have access as specified in §§
										8.01-413
				  and
				  32.1-127.1:03
				  of the Code of Virginia.
C. Records
				  shall be safeguarded against destruction, fire, loss, or unauthorized
				  use.
D. Overall supervisory
				  responsibility for assuring that clinical records are maintained, completed and
				  preserved shall be assigned to an employee of the nursing facility. The
				  individual shall have work experience or training that is consistent with the
				  nature and complexity of the record system and be capable of effectively
				  carrying out the functions of the job.
E. An accurate and complete clinical record
				  shall be maintained for each resident and shall include:
1. Resident identification;
2. Designation of attending
				  physician;
3. Admitting
				  information, including resident medical history, physical examination, and
				  diagnosis;
4. Physician orders,
				  including all medications, treatments, diets, restorative, and special medical
				  procedures required;
5. Progress
				  notes written at the time of each visit;
6. Documented evidence of assessment of
				  resident's needs, establishment of an appropriate treatment plan, and
				  interdisciplinary plan of care;
7.
				  Nurse's notes written in chronological order and signed by the individual
				  making the entry;
8. All symptoms
				  and other indications of illness or injury, including date, time, and action
				  taken on each shift;
9. Medication
				  and treatment record, including all medications, treatments and special
				  procedures performed;
10. Copies of
				  radiology, laboratory and other consultant reports; and
11. Discharge summary.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 371 - REGULATIONS FOR THE LICENSURE OF NURSING FACILITIES › Part IV - Support Services › Section 12VAC5-371-370 - Maintenance and housekeeping

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  nursing facility shall be maintained and equipped to provide a functional,
				  sanitary, safe, and comfortable environment.
B. A documented preventive maintenance
				  program shall be established to ensure that equipment is operative and that the
				  interior and exterior of the buildings are maintained in good repair and free
				  from hazards and litter.
C. The
				  administrator shall designate an employee responsible for carrying out these
				  functions and for training and supervising housekeeping and maintenance
				  personnel.
D. The heating,
				  ventilation and air conditioning (HVAC) system shall be capable of maintaining
				  temperatures between 70°F to 80°F throughout resident areas.
E. The nursing facility shall have an
				  effective pest control program provided either by maintenance personnel or by
				  contract with a pest control company.
F. The nursing facility shall provide
				  adequate space, equipment and supplies for any special services to be
				  offered.
G. All furniture shall be
				  kept clean and safe for use.
H.
				  Over bed tables shall be available as needed.
I. Stretchers and wheelchairs shall be stored
				  out of the path of normal traffic.
J. A sufficient number of wheelchairs and
				  chairs shall be provided for residents whose physical conditions indicate a
				  need for such equipment.
K. Refuse
				  containers shall be cleaned and emptied at frequent intervals.
L. Hazardous cleaning solutions, compounds
				  and substances shall be labeled, stored and kept under lock in a safe place
				  separate from other materials.
Statutory Authority
§§ 32.1-12 and 32.1-127 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 371 - REGULATIONS FOR THE LICENSURE OF NURSING FACILITIES › Part IV - Support Services › Section 12VAC5-371-380 - Laundry services

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
				  quantity of linens shall be available at all times to provide for proper care
				  and comfort of residents.
B. Linens
				  and other laundry must be handled, stored, and processed to control the spread
				  of infection.
C. Clean linen shall
				  be stored in a clean and dry area accessible to the nursing unit.
D. Soiled linen shall be stored in covered
				  containers in separate, well ventilated areas and shall not accumulate in the
				  nursing facility.
E. Soiled linen
				  shall not be sorted, laundered, rinsed, or stored in bathrooms, resident rooms,
				  kitchens, or food storage areas.
F.
				  Soiled linen shall not be placed on the floor.
G. Arrangement for laundering resident's
				  personal clothing shall be provided. If laundry facilities are not provided on
				  premises, commercial laundry services shall be utilized.
Statutory Authority: §§
												32.1-12
						and
						32.1-127 of the Code
						of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 371 - REGULATIONS FOR THE LICENSURE OF NURSING FACILITIES › Part IV - Support Services › Section 12VAC5-371-390 - Transportation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Provisions shall
				  be made to obtain appropriate transportation in cases of emergency.
B. The nursing facility shall assist in
				  obtaining transportation when it is necessary to obtain medical, psychiatric,
				  dental, diagnostic or other services outside the nursing facility.
Statutory Authority: §§
												32.1-12
						and
						32.1-127 of the Code
						of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 371 - REGULATIONS FOR THE LICENSURE OF NURSING FACILITIES › Part IV - Support Services › Section - DOCUMENTS INCORPORATED BY REFERENCE

Current through Register Vol. 40, No. 24, July 15, 2024
Guidelines for Design and Construction of Health Care
					 Facilities, Facilities Guideline Institute (formerly of the American Institute
					 of Architects Academy of Architecture), 2010 Edition.
Guidelines
					 for Preventing Health-Care-Associated Pneumonia, 2003, MMWR 53 (RR-3), Advisory
					 Committee on Immunization Practices, Centers for Disease Control and
					 Prevention.
Prevention
					 and Control of Seasonal Influenza with Vaccines: Recommendations of the
					 Advisory Committee on Immunization Practices - United States, 2020-21 Influenza
					 Season, 2020, MMWR 69 (RR-8), Centers for Disease Control and
					 Prevention.
Statutory Authority: §§
												32.1-12
						and
						32.1-127 of the Code
						of Virginia.