West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-11 - Behavioral Health Centers Licensure › Section 64-11-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Abuse. -- The
				willful infliction of injury, unreasonable confinement, intimidation, or
				punishment with resulting physical harm, pain, or mental anguish. Abuse also
				includes the deprivation by an individual, including a caretaker, of goods or
				services that are necessary to attain or maintain physical, mental, and
				psychosocial wellbeing. Instances of abuse of all residents, irrespective of
				any mental or physical condition, cause physical harm, pain, or mental anguish.
				It includes verbal abuse, sexual abuse, physical abuse, and mental abuse,
				including abuse facilitated or enabled through the use of technology.
Willful
, as used in this definition of abuse, means the
				individual must have acted deliberately, not that the individual must have
				intended to inflict injury or harm.
3.2. Addiction. -- A disease characterized by
				the individual's pursuing reward, relief, or both, by substance use or other
				behaviors. Addiction is characterized by impairment in behavioral control,
				craving, inability to consistently abstain, and diminished recognition of
				significant problems with one's behaviors and interpersonal relationships;
				likely to involve cycles of relapse and remission.
3.3. Adult Basic Skills Coaching. -- Coaching
				or prompting of individuals in their home or group home environment in areas
				including, but not limited to, money management, safety, housekeeping, personal
				care, nutrition, cooking, and medication education. This is a supportive
				service.
3.4. Advocate. -- A person
				or agency that acts on behalf of a consumer to establish, expand, protect, and
				enforce his or her human, legal, and civil rights in a consumer's best
				interest.
3.5. Alteration. -- A
				change to a provider location that affects the usability of the building or
				facility or any part thereof. Alterations include, but are not limited to,
				remodeling, renovation, rehabilitation, reconstruction, historic restoration,
				changes or rearrangement in structural parts or elements, and changes or
				rearrangements in the plan configuration of walls and full-height partitions.
				Normal maintenance, reroofing, painting, wallpapering, carpeting, flooring, or
				changes to mechanical and electrical systems are not alternations unless they
				affect the usability of the building or facility. Administrative offices and
				buildings are not included.
3.6.
				Assessment. - An evaluation of a consumer by a qualified person working within
				his or her scope of practice using skills of examination including appraisal
				and analysis of data collected to provide care and services.
3.7. Aversive Procedures. -- Restrictive
				procedures that impose consequences a consumer finds undesirable in a treatment
				program to decrease inappropriate behaviors. What is undesirable varies with
				each consumer but generally includes such measures as fines or loss of
				privileges. Aversive procedures include, but are not limited to, physical and
				chemical restraint, time-out, and seclusion.
3.8. Behavioral Health Center. -- A provider,
				entity, or facility that provides behavioral health services, supports, or
				both.
3.9. Behavioral Health
				Services. -- A direct service provided as an inpatient, residential or
				outpatient service to an individual with mental health, addictive, behavioral,
				or adaptive challenges that is intended to improve or maintain functioning in
				the community. The service is designed to provide treatment, habilitation, or
				rehabilitation.
3.10. Behavioral
				Intervention. -- A written behavior support plan approved by the service
				planning team, the consumer, and the designated legal representative if
				applicable. A behavioral intervention must be based on a functional assessment
				of the targeted behavior and must be specific and measurable.
3.11. Case Management. -- A skilled,
				non-clinical service that links appropriate services and supports to a specific
				population. Case management is a collaborative process of assessment, planning,
				facilitation, evaluation, and advocating of available services to meet a
				consumer's assessed need promoting consumer safety, quality of care, and
				cost-effective outcomes. The case manager is a trained professional who
				coordinates a team process which assesses the needs of the consumer and
				consumer's family, when appropriate, and arranges, coordinates, monitors,
				evaluates, and advocates for a package of multiple services in collaboration
				with appropriate and available provider agencies to meet the specific
				consumer's complex needs. This service may involve, but is not limited to,
				assistance with completion of applications and forms; transportation;
				assistance with making appointments for medical, other care, or both; telephone
				calls; and other linkage activities to meet the consumer's specific needs. This
				service involves the preparation of a detailed, person-centered service plan
				with specific person-centered goals and objectives and designated outcomes and
				timeframes. Case management is not a behavioral health or supportive service
				requiring licensure as a behavioral health center if that is the only service
				being provided.
3.12. Chemical
				Restraint. -- A medication used to control behavior or to restrict the
				consumer's freedom of movement when the medication is not a standard treatment
				for the consumer's medical or psychological condition. Doses of any medication
				prescribed at levels beyond that recommended for normal clinical use shall also
				be evaluated for inclusion as a chemical restraint.
3.13. Chief Executive Officer. -- The
				individual designated by the governing body to be responsible for the
				provider's daily operations. The chief executive officer may also be referred
				to as the provider's president, executive director, or chief administrative
				officer. The chief executive officer may designate requirements within this
				rule but will retain the responsibility that the designated requirements are
				met.
3.14. Civil Rights. -- The
				rights of personal liberty guaranteed by the Constitutions of the United States
				and the state of West Virginia, by federal and state law.
3.15. Comprehensive Plans of Services. -- A
				written description of the behavioral health services and supports provided to
				the consumer accompanied by a description of the measurable goals of the
				supports the consumer is receiving. These services may be provided by more than
				one agency acting in coordination. The comprehensive plan is utilized for
				consumers receiving both behavioral health services and supports.
3.16. Consumer. -- An individual who receives
				services, supports, or both, from a provider licensed under this
				rule.
3.17. Critical Incident. --
				The alleged, suspected, or actual occurrence of any of the following involving
				a consumer:
3.17.1. Abuse;
3.17.2. Neglect;
3.17.3. Death due to any cause;
3.17.4. Attempted suicide;
3.17.5. Behavior that will likely lead to
				serious injury or significant property damage;
3.17.6. Fire resulting in injury, relocation,
				or an interruption of services;
3.17.7. Any incident with law enforcement
				authorities;
3.17.8. Injury that
				requires hospitalization or results in permanent physical damage;
3.17.9. Life-threatening reaction because of
				a drug or food;
3.17.10. A serious
				consequence resulting from an apparent error in medication or dietary
				administration;
3.17.11. Extended
				and unauthorized absence of a consumer that exceeds his or her treatment plan
				provision for community access; or
3.17.12. Removal of a consumer from either
				residential or program services without the consent of a consumer or his or her
				legal representative.