West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-59 - Patient Rights At State-Operated Mental Health facilities › Section 64-59-18 - Employee Responsibilities

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. Duty of All Employees. Every employee
				has the responsibility to assure that all rights afforded to patients by
				applicable state and federal laws, rules, and regulations, including this rule,
				are protected and afforded to patients.
18.2. Abuse and Neglect. No employee shall
				verbally or physically abuse or neglect any patient.
18.3. Sexual Harassment. Employees shall not
				engage in sexual harassment of patients.
18.4. Mandatory reporting. Every employee has
				a duty to report any incident of actual or suspected abuse or neglect to the
				administrator and to adult protective services workers.
18.5. Training of Employees. The
				administrator has the duty to train and educate all new employees and all
				current employees on a periodic and consistent basis on the content of this
				rule so that all employees are thoroughly familiar with it.
18.6. Staff shall be aware of W. Va. Code
				§
									27-12-3
				which reads as follows: "If any person shall entice any patient from any state
				hospital who has been legally committed thereto, or attempt to do so; or shall
				counsel, cause, influence or assist, or attempt to do so, any such patient to
				escape or attempt to escape therefrom or harbor or conceal any such patient who
				has escaped therefrom; or shall, without the permission of the superintendent
				of any such hospital, give or sell to any such patient, whether on the premises
				thereof or elsewhere, any money, firearms, drugs, cigarettes, tobacco, or any
				other article whatsoever; or shall receive from the hands of any such patient
				anything of value, whether belonging to the state or not; or shall cause or
				influence or attempt to cause or influence any such patient to violate any rule
				or to rebel against the government or discipline of such hospital; or shall
				tease, pester, annoy, or molest any such patient, he shall be guilty of a
				misdemeanor, and, on conviction thereof, shall be fined not less than $10 nor
				more than $100, or imprisoned not exceeding six months, or, in the discretion
				of the court, both fined and imprisoned. If any person shall aid or abet the
				commission of any of the foregoing offenses, or aid or abet an attempt to
				commit the same, he shall be guilty of the same as if he were the principal,
				and be punished as above provided. In the trial of an indictment for committing
				any of the above-named offenses, the accused may be found guilty of an attempt
				to commit the same, or of aiding or abetting another in committing or in an
				attempt to commit the same. If any person, not her husband, shall have sexual
				intercourse with any female patient who is a patient of any of said state
				hospitals, he shall be guilty of a felony, and, on conviction thereof, shall be
				confined in the penitentiary not less than 10 nor more than 15 years; and if
				such female patient be under 16 years of age, he shall be imprisoned not less
				than 10 nor more than 20 years."