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 12VAC35-115-50 - Dignity

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each individual
				  has a right to exercise his legal, civil, and human rights, including
				  constitutional rights, statutory rights, and the rights contained in these
				  regulations, except as specifically limited herein. Each individual has a right
				  to have services that he receives respond to his needs and preferences and be
				  person-centered. Each individual also has the right to be protected, respected,
				  and supported in exercising these rights. Providers shall not partially or
				  totally take away or limit these rights solely because an individual has a
				  mental illness, mental retardation, or substance use disorder and is receiving
				  services for these conditions or has any physical or sensory condition that may
				  pose a barrier to communication or mobility.
B. In receiving all services, each individual
				  has the right to:
1. Use his preferred or
				  legal name. The use of an individual's preferred name may be limited when a
				  licensed professional makes the determination that the use of the name will
				  result in demonstrable harm or have significant negative impact on the program
				  itself or the individual's treatment, progress, and recovery. The director or
				  his designee shall discuss the issue with the individual and inform the human
				  rights advocate of the reasons for any restriction prior to implementation and
				  the reasons for the restriction shall be documented in the individual's
				  services record. The need for the restriction shall be reviewed by the team
				  every month and documented in the services record.
2. Be protected from harm including abuse,
				  neglect, and exploitation.
3. Have
				  help in learning about, applying for, and fully using any public service or
				  benefit to which he may be entitled. These services and benefits include
				  educational or vocational services, housing assistance, services or benefits
				  under Titles II, XVI, XVIII, and XIX of the Social Security Act, United States
				  Veterans Benefits, and services from legal and advocacy agencies.
4. Have opportunities to communicate in
				  private with lawyers, judges, legislators, clergy, licensed health care
				  practitioners, authorized representatives, advocates, the Office of the State
				  Inspector General (§ 2.2-308 of the Code of Virginia), and employees of
				  the protection and advocacy agency.
5. Be provided with general information about
				  program services, policies, and rules in writing and in the manner, format and
				  language easily understood by the individual.
6. Be afforded the opportunity to have an
				  individual of his choice notified of his general condition, location, and
				  transfer to another facility.