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 12VAC35-200-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meanings unless the context clearly indicates
				  otherwise:
"Admission" means acceptance of an individual in a training
				  center.
"Authorized representative" or "AR" means a person permitted
				  by law or regulations to authorize the disclosure of information or to consent
				  to treatment and services or participation in human research.
"Commissioner" means the Commissioner of the Department of
				  Behavioral Health and Developmental Services.
"Community services board" or "CSB" means a public body
				  established pursuant to §
									37.2-501
				  of the Code of Virginia that provides mental health, developmental, and
				  substance abuse services to individuals within each city and county that
				  established it. For the purpose of this chapter, CSB also includes a behavioral
				  health authority established pursuant to §
									37.2-602
				  of the Code of Virginia.
"Department" means the Department of Behavioral Health and
				  Developmental Services.
"Discharge plan" means a written plan prepared by the CSB
				  providing case management, in consultation with the training center pursuant to
				  §§
									37.2-505
				  and
				  37.2-837
				  of the Code of Virginia. This plan is prepared when the individual is admitted
				  to the training center and documents the services to be provided upon
				  discharge.
"Emergency admission" means the temporary acceptance of an
				  individual with an intellectual disability into a training center when
				  immediate care is necessary and no other community alternatives are
				  available.
"Guardian" means:
1.
				For minors -- an adult who is either appointed by the court as a legal guardian
				of a minor or exercises the rights and responsibilities of legal custody by
				delegation from a biological or adoptive parent upon provisional adoption or
				otherwise by operation of law.
2.
				For adults -- a person appointed by the court who is responsible for the
				personal affairs of an incapacitated adult under the order of appointment. The
				responsibilities may include making decisions regarding the individual's
				support, care, health, safety, habilitation, education and therapeutic
				treatment. Refer to definition of "incapacitated person" at §
									64.2-2000 of the Code
				of Virginia.
"Individual" means a person with an intellectual disability
				  for whom services are sought. This term includes the terms "consumer,"
				  "patient," "resident," and "client."
"Intellectual disability" means a disability originating
				  before the age of 18 years, characterized concurrently by (i) significant
				  subaverage intellectual functioning as demonstrated by performance on a
				  standardized measure of intellectual functioning administered in conformity
				  with accepted professional practice that is at least two standard deviations
				  below the mean and (ii) significant limitations in adaptive behavior as
				  expressed in conceptual, social, and practical adaptive skills.
"Less restrictive setting" means the service location that is
				  no more intrusive or restrictive of freedom than reasonably necessary to
				  achieve a substantial therapeutic benefit and protection from harm (to self and
				  others) based on an individual's needs.
"Regional support team" or "RST" means a group of
				  professionals with expertise in serving individuals with developmental
				  disabilities in the community appointed by the commissioner or the
				  commissioner's designee who provide recommendations to support placement in the
				  most integrated setting appropriate to an individual's needs and consistent
				  with the individual's informed choice.
"Respite care" means care provided to an individual with an
				  intellectual disability on a short-term basis because of the emergency absence
				  of or need to provide routine or periodic relief of the primary caregiver for
				  the individual. Services are specifically designed to provide temporary,
				  substitute care for that which is normally provided by the primary
				  caregiver.
"Training center" means a facility operated by the department
				  that provides training, habilitation, or other individually focused supports to
				  persons with intellectual disabilities.
Statutory Authority: §§
											37.2-203
					 and
					 37.2-807
					 of the Code of Virginia.