reglab/statecodes huggingface dataset:
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 12VAC35-180-40 - Policy

Current through Register Vol. 40, No. 24, July 15, 2024
A. No human
				research may be conducted without obtaining the informed consent of the
				individual or his legally authorized representative. This informed consent
				shall be documented in writing and supported by the signature of a witness.
				Adequate and appropriate arrangements shall be made for those who need special
				assistance in understanding the consequences of participating in the human
				research.
B. No official or
				employee of the institution or agency conducting or authorizing the human
				research shall be qualified to act as a legally authorized representative for
				an individual participating in the particular human research.
C. Each human research activity shall be
				approved by a research review committee composed of representatives of varied
				backgrounds who shall assure the competent, complete, and professional review
				of human research activities.
D.
				Institutions or agencies, as defined by this chapter, may participate in human
				research activity when such activity has been considered and approved by a
				university institutional review board (IRB) that complies with the relevant
				requirements of § 32.1-162.19 of the Code of Virginia.
E. Nontherapeutic human research using
				individuals receiving services in a residential or hospital setting is
				prohibited unless it is determined by the research review committee that such
				nontherapeutic human research will present no more than a minor increase over
				minimal risk to the individual.
F.
				The person, institution, or agency conducting the human research shall be
				required to notify all individuals who are subjects of the human research of
				risks caused by the human research that are discovered after the human research
				has concluded.
Statutory Authority
§§ 37.2-203 and 37.2-402 of the Code of Virginia.
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 12VAC35-180-50 - Affiliation with a research review committee

Current through Register Vol. 40, No. 24, July 15, 2024
Each person engaged in the conduct of human research or
				  proposing to conduct human research shall affiliate himself with an institution
				  or agency having a research review committee, and the human research he
				  conducts or proposes to conduct shall be subject to review and approval by the
				  committee in the manner set forth in these regulations.
Statutory Authority
§§ 37.2-203 and 37.2-402 of the Code of Virginia.
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 12VAC35-180-70 - Elements of each committee's review process

Current through Register Vol. 40, No. 24, July 15, 2024
A. No human research shall be conducted or
				authorized by an institution or agency unless a research review committee has
				reviewed and approved the proposed human research project giving consideration
				to:
1. The adequacy of the description of the
				potential benefits and risks involved and the adequacy of the methodology of
				the human research;
2. The degree
				of the risk, and, if the human research is nontherapeutic, whether it presents
				greater than minimal risk;
3.
				Whether the rights and welfare of the individuals who are the subjects of the
				human research are adequately protected;
4. Whether the risks to the individuals who
				are the subjects of human research are outweighed by the potential benefits to
				them;
5. Whether the risks to
				individuals are minimized by using procedures that are consistent with sound
				human research design and that do not unnecessarily expose individuals to risk
				and, whenever appropriate, by using procedures already being performed on
				individuals for diagnostic or treatment purposes;
6. When some or all of the individuals are
				likely to be incapable of providing informed consent or are otherwise
				vulnerable to coercion or undue influence, whether additional safeguards have
				been included in the study to protect the rights and welfare of these
				individuals;
7. Whether the
				informed consent is to be obtained by methods that are adequate and appropriate
				and whether the written consent form is adequate and appropriate in both
				content and language for the particular human research and for the individuals
				who are the particular subjects of the human research;
8. Whether the persons proposing to supervise
				or conduct the particular human research are appropriately competent and
				qualified;
9. Whether criteria for
				selection of individuals to participate as human research subjects are
				equitable; and
10. Whether the
				human research conforms with such other requirements of the department, where
				applicable.
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 12VAC35-180-80 - Kinds of human research exempt from committee review

Current through Register Vol. 40, No. 24, July 15, 2024
Human research activities in which the involvement of
				  individuals as subjects is limited to one or more of the following categories
				  are exempt from this chapter unless the human research is covered by other
				  sections of this chapter:
1. Human
				research conducted in established or commonly accepted educational settings,
				involving commonly used educational practices, such as:
a. Research on regular and special education
				instructional strategies;
b.
				Research on the effectiveness of or the comparison among instructional
				techniques, curriculum or classroom management methods; or
c. Research involving solely the use and
				analysis of the results of educational tests, whether cognitive, diagnostic,
				aptitude, or achievement, if the data from such tests are recorded in such a
				manner so that individuals cannot be identified, directly or through
				identifiers linked to the individuals.
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 12VAC35-180-90 - Expedited review procedures for certain kinds of human research involving no more than minimal risk

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
				research review committee may conduct an expedited review of a human research
				project that involves no more than minimal risk to the individuals who are the
				subjects of the human research if (i) another institution's or agency's human
				research review committee has reviewed and approved the project, or (ii) the
				review involves only minor changes in previously approved human research and
				the changes occur during the approved project period. Under an expedited review
				procedure, the review may be carried out by the committee chair and two or more
				experienced reviewers designated by the chair from among members of the
				committee. In reviewing the human research, the reviewers may exercise all of
				the authority of the committee except that the reviewers may not disapprove the
				human research. A human research project may be disapproved only after review
				in accordance with the nonexpedited review elements set forth in
				12VAC35-180-70.
B. Each committee that uses an expedited
				review procedure shall adopt a method for keeping all members advised of human
				research proposals that have been approved under the procedure.
Statutory Authority: §§
											37.2-203
					 and
					 37.2-402
					 of the Code of Virginia.
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 12VAC35-180-110 - Committee records

Current through Register Vol. 40, No. 24, July 15, 2024
A. An
				institution or agency, or when appropriate a committee, shall prepare and
				maintain adequate documentation of committee activities, including the
				following:
1. Copies of all human research
				proposals reviewed, scientific evaluations, if any, that accompany the
				proposals, approved sample consent documents, progress reports submitted by
				investigators, and reports of injuries to individuals who are subjects of the
				human research.
2. Minutes of
				committee meetings which shall be in sufficient detail to show attendance at
				the meetings; actions taken by the committee; the vote on these actions
				including the number of members voting for, against, and abstaining; the basis
				for requiring changes in or disapproving human research; and a written summary
				of the discussion of issues about which opposition has been voiced and their
				resolution.
3. Records of
				continuing review activities.
4.
				Copies of all correspondence between the committee and the
				investigators.
5. A list of
				committee members.
6. Written
				procedures for the committee.
7.
				Statements of significant new findings provided to individuals.
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 12VAC35-180-120 - Mandatory reporting

Current through Register Vol. 40, No. 24, July 15, 2024
Each research review committee shall submit to the governor,
				  the General Assembly, and the commissioner or his designee at least annually a
				  report on the human research projects reviewed and approved by the committee,
				  including any significant deviations from the proposals as approved, in
				  accordance with §
									37.2-402
				  of the Code of Virginia and this chapter.
Statutory Authority: §§
											37.2-203
					 and
					 37.2-402
					 of the Code of Virginia.
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 12VAC35-180-130 - Role of the department and commissioner

Current through Register Vol. 40, No. 24, July 15, 2024
The commissioner shall ensure that the department's human
				  rights program, through procedures described in
				  12VAC35-115-130,
				  protects the rights of individuals who are admitted to a state facility, or
				  other facility operated, funded, or licensed by the department to refuse to
				  participate as a subject of human research and ensure that written and informed
				  consent is received from individuals or their legally authorized representative
				  prior to their participation as a subject of human research.
Statutory Authority: §§
											37.2-203
					 and
					 37.2-402
					 of the Code of Virginia.
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 12VAC35-180-140 - Applicability of state policies

Current through Register Vol. 40, No. 24, July 15, 2024
Nothing in this chapter shall be construed as limiting in any
				  way the rights under regulations promulgated by the State Board of Behavioral
				  Health and Developmental Services pursuant to §
									37.2-400
				  of the Code of Virginia of individuals participating in human
				  research.
Statutory Authority: §§
											37.2-203
					 and
					 37.2-402
					 of the Code of Virginia.
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 12VAC35-180-150 - Applicability of federal policies

Current through Register Vol. 40, No. 24, July 15, 2024
Human research at institutions or agencies that are subject
				  to policies and regulations for the protection of individuals promulgated by
				  any agency of the federal government shall be exempt from this
				  chapter.
Statutory Authority: §§
											37.2-203
					 and
					 37.2-402
					 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 190 - REGULATIONS FOR VOLUNTARY ADMISSIONS TO STATE TRAINING CENTERS › Section 12VAC35-190-21 - Application for admission

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Requests for admission to a training center shall be processed through the CSB.
				A parent, guardian, or authorized representative seeking admission to a
				training center for an individual with an intellectual disability shall apply
				first to the CSB that serves the area where the individual, or if a minor, the
				minor's parent or guardian is currently residing. The CSB shall consult with
				the RST prior to preparing a preadmission screening.
B. If the CSB, in consultation with the RST,
				determines that the services for the individual are not available in the
				community or the individual chooses to obtain services in the state training
				center, the CSB shall forward a preadmission screening report, pursuant to
				§
									37.2-806B
				of the Code of Virginia, to a training center serving individuals with
				intellectual disabilities.
C. The
				preadmission screening report shall include at a minimum:
1. An application for services;
2. A medical history indicating the presence
				of any current medical problems as well as the presence of any known
				communicable disease. In all cases, the application shall include any currently
				prescribed medications as well as any known medication allergies;
3. A social history and current housing or
				living arrangements; and
4. A
				psychological evaluation that reflects the individual's current
				functioning.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 190 - REGULATIONS FOR VOLUNTARY ADMISSIONS TO STATE TRAINING CENTERS › Section 12VAC35-190-30 - Criteria for admission

Current through Register Vol. 40, No. 24, July 15, 2024
A. Upon
				the receipt of a completed preadmission screening report, the director of the
				training center or designee shall determine eligibility for admission based
				upon the following criteria:
1. The
				individual has a diagnosis of an intellectual disability;
2. The diagnosis of an intellectual
				disability has been made by a licensed professional; and
3. The training center has available space
				and service capacity to meet the needs of the individual.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 190 - REGULATIONS FOR VOLUNTARY ADMISSIONS TO STATE TRAINING CENTERS › Section 12VAC35-190-41 - Requests for reconsideration of the director's determination

Current through Register Vol. 40, No. 24, July 15, 2024
In the event that (i) the CSB making the request for
				  admission, or (ii) the parent, guardian, or authorized representative applying
				  on behalf of an individual disagrees with the determination of the director,
				  either party may request a reconsideration of the determination by submitting a
				  request in writing to the commissioner within 10 working days of receiving such
				  determination. Upon receipt of a request for reconsideration, the commissioner
				  shall notify the training center director and the training center director
				  shall forward the preadmission screening report package and related information
				  to the commissioner within 48 hours. The commissioner shall also provide an
				  opportunity for the individual requesting reconsideration to submit for review
				  any additional information or reasons why the admission should be approved. The
				  commissioner shall render a written decision on the request for reconsideration
				  within 30 calendar days of the receipt of the request and notify all involved
				  parties. The commissioner's decision shall be binding.
Statutory Authority
§§ 37.2-203 and 37.2-806 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 190 - REGULATIONS FOR VOLUNTARY ADMISSIONS TO STATE TRAINING CENTERS › Section 12VAC35-190-51 - Judicial certification

Current through Register Vol. 40, No. 24, July 15, 2024
Upon receipt of written notification from the training center
				  director that an individual is eligible for admission, the CSB shall inform the
				  individual and the individual's parent, guardian, or authorized representative
				  of this decision and assist the parent, guardian, or authorized representative
				  in initiating a judicial proceeding pursuant to § 37.2-806 of the Code of
				  Virginia. When the judge has certified that the individual is eligible for
				  admission to a training center in accordance with § 37.2-806F of the Code
				  of Virginia, a date for admission to the training center shall be
				  established.
Statutory Authority
§§ 37.2-203 and 37.2-806 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 200 - REGULATIONS FOR EMERGENCY AND RESPITE CARE ADMISSION TO STATE TRAINING CENTERS › Section 12VAC35-200-20 - Respite care admission

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Applications for respite care in training centers shall be processed through
				the CSB providing case management. A parent, guardian, or authorized
				representative seeking respite care for an individual with an intellectual
				disability shall apply first to the CSB that serves the area where the
				individual, or if a minor, the minor's parent or guardian is currently
				residing. The CSB shall consult with the RST prior to preparing an application
				for respite care. If the CSB, in consultation with the RST, determines that
				respite care for the individual is not available in the community, the CSB
				shall forward an application to a training center serving individuals with
				intellectual disabilities.
The application shall include:
1. An application for services;
2. A medical history indicating the presence
				of any current medical problems as well as the presence of any known
				communicable disease. In all cases, the application shall include any currently
				prescribed medications as well as any known medication allergies;
3. A social history and current housing or
				living arrangements;
4. A
				psychological evaluation that reflects the individual's current
				functioning;
5. A current
				individualized education plan for school-aged individuals unless the training
				center director or designee determines that sufficient information as to the
				individual's abilities and needs is included in other reports
				received;
6. A vocational
				assessment for adults unless the training center director or designee
				determines that sufficient information as to the individual's abilities and
				needs is included in other reports received;
7. A statement from the CSB that respite care
				is not available in the community for the individual;
8. A statement from the CSB that the
				appropriate arrangements are being made to return the individual to the CSB
				within the timeframe required under this chapter; and
9. A statement from the individual, a family
				member, or authorized representative specifically requesting services in the
				training center.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 200 - REGULATIONS FOR EMERGENCY AND RESPITE CARE ADMISSION TO STATE TRAINING CENTERS › Section 12VAC35-200-30 - Emergency admission

Current through Register Vol. 40, No. 24, July 15, 2024
A. In the
				event of a change in an individual's circumstances necessitating immediate,
				short-term care for an individual with an intellectual disability, a parent,
				guardian, or authorized representative may request emergency admission by
				calling the CSB serving the area where the individual, or in the case of a
				minor, the minor's parent or guardian resides. Under these circumstances if the
				CSB, in consultation with the RST, determines that services for the individual
				are not available in the community, the CSB may request an emergency admission
				to a training center serving individuals with intellectual disabilities.
The CSB shall make every effort to obtain the same case
				  information required for respite admissions, as described in
				  12VAC35-200-20
				  A, before the training center assumes responsibility for the care of the
				  individual in need of emergency services. However, if the information is not
				  available, this requirement may temporarily be waived if, and only if,
				  arrangements have been made for receipt of the required information within 48
				  hours of the emergency admission.
B. Acceptance for emergency admission shall
				be based upon the following criteria:
1. A
				change in the individual's circumstances has occurred requiring immediate
				alternate arrangements to protect the individual's health and safety;
2. The individual has a diagnosis of an
				intellectual disability and meets the training center's regular admissions
				criteria;
3. All other alternate
				care resources in the community have been explored and found to be
				unavailable;
4. Space is available
				on a residential living area with appropriate resources to meet the
				individual's needs;
5. The training
				center's health services personnel have determined that the individual's health
				care needs can be met by the training center's resources; and
6. The length of the emergency stay at the
				training center shall not exceed the limits established in §
										37.2-807
				of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 210 - REGULATIONS TO GOVERN TEMPORARY LEAVE FROM STATE MENTAL HEALTH AND STATE MENTAL RETARDATION FACILITIES › Section 12VAC35-210-10 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
This regulation shall not apply to individuals receiving
				  services in a facility who are committed pursuant to Chapter 9 (§
									37.2-900 et seq.) of
				  Title 37.2, Title 19.2, or Title 53.1 of the Code of
				  Virginia.
Statutory Authority: §
											37.2-203
					 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 210 - REGULATIONS TO GOVERN TEMPORARY LEAVE FROM STATE MENTAL HEALTH AND STATE MENTAL RETARDATION FACILITIES › Section 12VAC35-210-30 - General requirements for temporary leave

Current through Register Vol. 40, No. 24, July 15, 2024
A. Directors of state facilities shall
				develop written operating policies and procedures for authorizing and
				implementing the following types of temporary leave from the facility:
1. Day passes for periods that do not extend
				overnight;
2. Home visits and trial
				visits for a maximum of 28 consecutive days per episode for individuals in
				training centers; and
3. Home
				visits and trial visits for a maximum of 14 consecutive days per episode for
				individuals in state hospitals.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 210 - REGULATIONS TO GOVERN TEMPORARY LEAVE FROM STATE MENTAL HEALTH AND STATE MENTAL RETARDATION FACILITIES › Section 12VAC35-210-40 - Day passes

Current through Register Vol. 40, No. 24, July 15, 2024
Each facility shall have specific policies for day passes
				  that include:
1. Criteria for granting
				day passes;
2. Designation of staff
				members who are authorized to issue day passes; and
3. Any forms to be used by the facility
				regarding the issuance of day passes.
Statutory Authority
§§ 37.2-203 and 37.2-837 of the Code of
					 Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 210 - REGULATIONS TO GOVERN TEMPORARY LEAVE FROM STATE MENTAL HEALTH AND STATE MENTAL RETARDATION FACILITIES › Section 12VAC35-210-50 - Trial visits

Current through Register Vol. 40, No. 24, July 15, 2024
A. The facility
				and the CSB may arrange trial visits for the purpose of assessing an
				individual's readiness for discharge from the facility. These trial visits
				shall be planned during the regularly scheduled review of the ISP or at other
				times in collaboration with (i) the individual, (ii) the individual's family or
				AR, or (iii) any other person requested by the individual. When trial visits
				are used in conjunction with discharge planning, the state facility treatment
				team shall meet with the individual to discuss the individual's preferences for
				residential settings and give due consideration to the individual's expressed
				preferences. If the treatment team cannot reasonably accommodate the
				individual's preferences, a member of the treatment team shall meet with the
				individual to discuss the reasons for this determination and the options that
				are available to the individual. The treatment team shall document in the
				individual's record that it has met with the individual to consider the
				individual's preferences and review the available options. All plans for trial
				visits shall be documented in the ISP and include consideration of the
				following:
1. The individual's preferences
				for residential setting; and
2. The
				individual's essential support needs and supervision requirements.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 210 - REGULATIONS TO GOVERN TEMPORARY LEAVE FROM STATE MENTAL HEALTH AND STATE MENTAL RETARDATION FACILITIES › Section 12VAC35-210-60 - Home visits

Current through Register Vol. 40, No. 24, July 15, 2024
A. Home visits
				may include visits with the individual's immediate or extended family, AR,
				friends, or other persons arranged by the family or AR.
1. Training centers shall plan home visits in
				collaboration with the individual, the individual's family or AR, and when
				appropriate, the CSB;
2. State
				hospitals shall plan home visits in collaboration with the individual , the
				individual's family or AR, and when appropriate, the CSB.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 210 - REGULATIONS TO GOVERN TEMPORARY LEAVE FROM STATE MENTAL HEALTH AND STATE MENTAL RETARDATION FACILITIES › Section 12VAC35-210-70 - Required authorizations and documentation

Current through Register Vol. 40, No. 24, July 15, 2024
The facility shall not release individuals for day passes,
				  trial visits, or home visits unless the required authorizations have been
				  obtained and documentation is included in the individual's
				  record.
Statutory Authority: §
											37.2-203
					 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 210 - REGULATIONS TO GOVERN TEMPORARY LEAVE FROM STATE MENTAL HEALTH AND STATE MENTAL RETARDATION FACILITIES › Section 12VAC35-210-80 - Illness or injury occurring during a day, home, or trial visit

Current through Register Vol. 40, No. 24, July 15, 2024
A. When a facility
				is notified that an individual is injured or ill and requires medical attention
				while on a day pass, trial visit, or home visit, the facility director or
				designee shall notify the (i) facility medical director, (ii) treatment team
				leader, (iii) risk manager, (iv) human rights advocate, and (v) the CSB. The
				facility director shall also ensure that all events are reported in accordance
				with department and facility policy and protocol for risk management and any
				applicable law or regulation.
B.
				The facility director or designee may assist the CSB or the responsible person
				to identify an appropriate setting for the evaluation and treatment of the
				individual. The facility medical director may also consult with the physician
				and any other medical personnel who are evaluating or treating the individual.
				However, the individual shall not return to the facility until he is medically
				stabilized.
C. Individuals who have
				been admitted to a state hospital on a voluntary basis and require acute
				hospital admission for illness or injury while on temporary leave from the
				state hospital may voluntarily return to the state hospital following discharge
				from an acute care hospital if they continue to meet the admission
				criteria.
D. If an individual has
				been legally committed to a state hospital and his length of stay in an acute
				care hospital exceeds the period of commitment to the state hospital, the
				hospital shall:
1. Discharge the individual
				in collaboration with the CSB; and
2. Notify the individual or the individual's
				AR in writing of the discharge.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 210 - REGULATIONS TO GOVERN TEMPORARY LEAVE FROM STATE MENTAL HEALTH AND STATE MENTAL RETARDATION FACILITIES › Section 12VAC35-210-90 - Failure to return to training centers

Current through Register Vol. 40, No. 24, July 15, 2024
A. When an individual fails to return to a
				training center from any authorized day pass, home visit, or trial visit within
				two hours of the scheduled deadline, the facility director or designee shall
				contact the responsible person into whose care the individual was placed to
				determine the cause of the delay.
B. Upon the request of the responsible
				person, the facility director may extend the period of a home or trial visit
				for up to 72 hours beyond the time the individual was scheduled to return when:
1. An emergency or unforeseen circumstances
				delay the individual's return to the training center; and
2. The individual's AR agrees to the
				extension.
Extensions for emergency or unforeseen circumstances shall
				  not be granted in advance of the home visit or trial visit.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 210 - REGULATIONS TO GOVERN TEMPORARY LEAVE FROM STATE MENTAL HEALTH AND STATE MENTAL RETARDATION FACILITIES › Section 12VAC35-210-100 - Failure to return to hospitals

Current through Register Vol. 40, No. 24, July 15, 2024
A. When an individual fails to return to a
				state hospital from any authorized day pass, home visit, or trial visit within
				two hours of the scheduled deadline, the facility director or designee shall
				contact the responsible person into whose care the individual was placed to
				determine the cause of the delay.
B. Upon the request of the responsible
				person, the facility director may extend the period of the visit for up to 72
				hours beyond the time the individual was scheduled to return when:
1. An emergency or unforeseen circumstances
				delay the individual's return to the hospital; and
2. The individual, or if applicable, the
				individual's AR , agrees to the extension.
Extensions for emergency or unforeseen circumstances shall
				  not be granted in advance of the home visit or trial visit.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 220 - CERTIFICATION REQUIREMENTS FOR EARLY INTERVENTION PROFESSIONALS, EARLY INTERVENTION SPECIALISTS, AND EARLY INTERVENTION CASE MANAGERS › Section 12VAC35-220-10

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 32.1-12, 32.1-164, and
					 32.1-176.4 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 220 - CERTIFICATION REQUIREMENTS FOR EARLY INTERVENTION PROFESSIONALS, EARLY INTERVENTION SPECIALISTS, AND EARLY INTERVENTION CASE MANAGERS › Section 12VAC35-220-20

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 32.1-12, 32.1-164, and
					 32.1-176.4 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 220 - CERTIFICATION REQUIREMENTS FOR EARLY INTERVENTION PROFESSIONALS, EARLY INTERVENTION SPECIALISTS, AND EARLY INTERVENTION CASE MANAGERS › Section 12VAC35-220-30

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 32.1-12, 32.1-164, and
					 32.1-176.4 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 220 - CERTIFICATION REQUIREMENTS FOR EARLY INTERVENTION PROFESSIONALS, EARLY INTERVENTION SPECIALISTS, AND EARLY INTERVENTION CASE MANAGERS › Section 12VAC35-220-35

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 32.1-12, 32.1-164, and
					 32.1-176.4 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 220 - CERTIFICATION REQUIREMENTS FOR EARLY INTERVENTION PROFESSIONALS, EARLY INTERVENTION SPECIALISTS, AND EARLY INTERVENTION CASE MANAGERS › Section 12VAC35-220-40

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 32.1-12, 32.1-164, and
					 32.1-176.4 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 220 - CERTIFICATION REQUIREMENTS FOR EARLY INTERVENTION PROFESSIONALS, EARLY INTERVENTION SPECIALISTS, AND EARLY INTERVENTION CASE MANAGERS › Section 12VAC35-220-50

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 32.1-12, 32.1-164, and
					 32.1-176.4 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 220 - CERTIFICATION REQUIREMENTS FOR EARLY INTERVENTION PROFESSIONALS, EARLY INTERVENTION SPECIALISTS, AND EARLY INTERVENTION CASE MANAGERS › Section 12VAC35-220-60

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 32.1-12, 32.1-164, and
					 32.1-176.4 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 220 - CERTIFICATION REQUIREMENTS FOR EARLY INTERVENTION PROFESSIONALS, EARLY INTERVENTION SPECIALISTS, AND EARLY INTERVENTION CASE MANAGERS › Section 12VAC35-220-70

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 32.1-12, 32.1-164, and
					 32.1-176.4 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 220 - CERTIFICATION REQUIREMENTS FOR EARLY INTERVENTION PROFESSIONALS, EARLY INTERVENTION SPECIALISTS, AND EARLY INTERVENTION CASE MANAGERS › Section 12VAC35-220-80

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 32.1-12, 32.1-164, and
					 32.1-176.4 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 220 - CERTIFICATION REQUIREMENTS FOR EARLY INTERVENTION PROFESSIONALS, EARLY INTERVENTION SPECIALISTS, AND EARLY INTERVENTION CASE MANAGERS › Section 12VAC35-220-90

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 32.1-12, 32.1-164, and
					 32.1-176.4 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 220 - CERTIFICATION REQUIREMENTS FOR EARLY INTERVENTION PROFESSIONALS, EARLY INTERVENTION SPECIALISTS, AND EARLY INTERVENTION CASE MANAGERS › Section 12VAC35-220-100

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 32.1-12, 32.1-164, and
					 32.1-176.4 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part I - Authority and Definitions › Section 12VAC35-225-10 - Authority

Current through Register Vol. 40, No. 24, July 15, 2024
A. Pursuant to
				  § 2.2-5304 of the Code of Virginia, the Governor has designated the
				  Department of Behavioral Health and Developmental Services as the state lead
				  agency responsible for implementing the Virginia early intervention services
				  system and ensuring compliance with federal requirements.
B. Sections 2.2-2664, 2.2-5301, 2.2-5303,
				  2.2-5304, 2.2-5305, and 2.2-5306 of the Code of Virginia establish the
				  structure of Virginia's early intervention system, including the duties and
				  responsibilities of the state lead agency, coordinating council, and
				  participating agencies.
C.
				  Virginia's early intervention system, the Infant & Toddler Connection of
				  Virginia, must include, at a minimum, the components required by Part C of the
				  Individuals with Disabilities Education Act at
				  20 USC §
											1435(a) and at 34 CFR Part
				  303.
Statutory Authority: § 2.2-5304 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part III - Referrals for Early Intervention Services and Supports › Section 12VAC35-225-40 - Public awareness and child identification and referral

Current through Register Vol. 40, No. 24, July 15, 2024
A. The department
				  shall develop and implement a public awareness program that focuses on the
				  early identification of infants and toddlers with disabilities and provides
				  information to parents of infants and toddlers through primary referral
				  sources.
B. Local lead agencies and
				  early intervention service providers shall collaborate with the department to
				  prepare and disseminate information to all primary referral sources, including
				  a description of the early intervention services available, a description of
				  the child find system and how to refer a child under the age of three years for
				  eligibility determination or early intervention services, and a central
				  directory.
C. The department, local
				  lead agencies, and early intervention service providers shall collaborate with
				  and assist primary referral sources in disseminating the information in
				  subsection B of this section to parents of infants and toddlers, especially
				  parents with premature infants or infants with other physical risk factors
				  associated with learning or developmental complications.
D. Local lead agencies shall develop and
				  implement local public awareness and child find procedures that include the
				  methods to be used for planning and distributing public awareness materials and
				  the roles of agencies and persons in the community involved in public awareness
				  and child find activities.
E. The
				  department shall maintain a central directory that shall be accessible to the
				  general public through a toll-free number and the Internet. The central
				  directory shall include accurate and up-to-date information about:
1. Public and private early intervention
				  services, resources, and experts available in Virginia;
2. Professional and other groups (including
				  parent support and training and information centers) that provide assistance to
				  children with disabilities and their families; and
3. Research and demonstration projects being
				  conducted in Virginia relating to children with disabilities.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part III - Referrals for Early Intervention Services and Supports › Section 12VAC35-225-50 - Referrals to the single point of entry

Current through Register Vol. 40, No. 24, July 15, 2024
A. All local lead agencies shall identify a
				  single point of entry in their respective local early intervention systems to
				  receive all referrals and inquiries from families and primary referral sources.
				  This single point of entry shall be published in local public awareness and
				  child find materials and communicated to potential referral sources.
B. Primary referral sources shall refer to
				  the single point of entry any infant or toddler potentially eligible for early
				  intervention services as soon as possible, but in no case more than seven days,
				  after the child has been identified as potentially eligible.
C. The department shall require that local
				  community services boards responsible for implementing and managing discharge
				  plans required by § 32.1-127 B 6 of the Code of Virginia for
				  substance-abusing postpartum women and their infants refer to the single point
				  of entry any child under the age of three years who is identified as affected
				  by illegal substance abuse or withdrawal symptoms resulting from prenatal drug
				  exposure.
D. The Department of
				  Social Services shall refer to the single point of entry any child under the
				  age of three years who is:
1. Identified as
				  affected by illegal substance abuse or withdrawal symptoms resulting from
				  prenatal drug exposure, or
2. The
				  subject of a founded disposition of child abuse or neglect.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part IV - Intake, Eligibility, and Assessment › Section 12VAC35-225-60 - Intake

Current through Register Vol. 40, No. 24, July 15, 2024
A. For purposes of
				  the early intervention system, including determination of required parental
				  consents or exercise of parental rights, when more than one party is qualified
				  under the definition of parent, the biological or adoptive parent must be
				  presumed to be the parent unless that person does not have legal authority to
				  make educational or early intervention decisions for the child. However, if a
				  judicial decree or order identifies a specific person or persons to act as the
				  parent of a child or to make educational or early intervention decisions on
				  behalf of a child, then that person or persons shall be determined to be the
				  parent.
B. The service coordinator
				  shall conduct intake with the family in order to:
1. Inform the family about early intervention
				  services and the IFSP process;
2.
				  Provide the parent with a written notice and explanation of the family's rights
				  and procedural safeguards under Part C, including:
a. A description of what personally
				  identifiable information is maintained, the types of information sought, the
				  methods used in gathering information, including the sources from whom
				  information is gathered, and the uses to be made of the information;
b. The policies that early intervention
				  service providers must follow regarding storage, disclosure to third parties,
				  retention, and destruction of personally identifiable information;
c. The rights of parents and children
				  regarding the foregoing information, including their rights under the
				  confidentiality provisions of Part C; and
d. A description of the languages in which
				  this notice of rights and safeguards is available in Virginia;
3. With prior written notice and
				  parental consent, gather information about the child's development and health
				  history to assist in eligibility determination;
4. Facilitate identification of team members
				  for and coordinate scheduling of eligibility determination;
5. Provide the schedule of sliding fees for
				  early intervention services provided under Part C and other payment
				  information; and
6. For children
				  with Medicaid, ensure completion of the paperwork, including development of an
				  Initial Early Intervention Service Coordination Plan and data entry necessary
				  to enroll the child in the Medicaid early intervention benefit. This plan shall
				  end when the child is found ineligible for early intervention; the IFSP is
				  signed; or 90 calendar days from the date of intake, whichever comes
				  first.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part IV - Intake, Eligibility, and Assessment › Section 12VAC35-225-70 - Eligibility criteria

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  department shall identify physical and mental conditions with high probability
				  of resulting in developmental delay.
B. A child shall be eligible for early
				  intervention services under Part C if the child is younger than three years of
				  age and has:
1. A developmental delay as
				  measured through the evaluation and assessment procedures described in this
				  section; or
2. A diagnosed physical
				  or mental condition with high probability of resulting in developmental
				  delay.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part IV - Intake, Eligibility, and Assessment › Section 12VAC35-225-80 - Evaluation for eligibility criteria

Current through Register Vol. 40, No. 24, July 15, 2024
A. A child's medical and other records shall
				  be used to establish initial eligibility (without conducting an evaluation for
				  eligibility determination) if those records indicate that the child's level of
				  functioning in one or more developmental areas constitutes a developmental
				  delay or that the child otherwise meets the criteria for an infant or a toddler
				  with a disability.
1. If the records document
				  a diagnosed physical or mental condition with a high probability of resulting
				  in developmental delay, then a certified early intervention case manager or
				  certified early intervention professional shall complete and sign the
				  eligibility determination form to document review of the record.
2. If the records document a developmental
				  delay, a certified early intervention professional shall review the record to
				  determine whether it establishes eligibility, completing and signing the
				  eligibility determination form if it does.