date of completion, a rationale explaining the need to access otherwise private information, and the specific identification of the type and location of the records sought; (2) The commissioner, CSB executive director, or private program director has authorized the research; (3) The individual or individuals who are the subject of the disclosure are deceased; (4) There are no known living persons permitted by law to authorize the disclosure; and (5) The disclosure would in no way reveal the identity of any person who is not the subject of the historical research. j. Protection of public safety: If an individual receiving services a specific threat to cause serious bodily injury or death to an identified or readily identifiable person and the provider reasonably believes that the individual has the intent and the ability to carry out the threat immediately or imminently, the provider may disclose those facts necessary to alleviate the potential threat. k. Inspector General: Providers may disclose to the Office of the State Inspector General (§ of the Code of Virginia) any individual services records and other information relevant to the provider's delivery of services. l. Virginia Patient Level Data System: Providers may disclose financial and services information to Virginia Health Information as required by law (see Chapter 7.2 (§ et seq.) of Title 32.1 of the Code of Virginia). m. Psychotherapy notes: Providers shall obtain an individual's authorization for any disclosure of psychotherapy notes, except when disclosure is made: (1) For the provider's own training programs in students, trainees, or practitioners in mental health are being taught under supervision to practice or improve their skills in group, joint, family or individual counseling; (2) To defend the provider or its employees or against any accusation or wrongful conduct; (3) In discharge of the provider's duty, in accordance with § B of the Code of Virginia, to take precautions to protect third parties from violent behavior or other serious harm; (4) As required in the course of an investigation, review, or proceeding regarding a provider's conduct by a duly authorized law enforcement, licensure, accreditation, or professional review entity; or
protection and advocacy agency and shall inform the SHRC of the sanctions the department will impose against the provider. J. Upon completion of the process outlined in this section, the SHRC shall notify the parties and the human rights advocate of the final outcome of the complaint. Statutory Authority §§ and of the Code of Virginia. Historical Notes Derived from , eff. November 21, 2001; amended, Virginia Register , eff. September 19, 2007; , eff. October 8, 2014; , eff. February 9, 2017. 12VAC35-115-220. Variances. Part VI. Variances A. Variances to these regulations shall be requested and approved only when the provider has tried to implement the relevant requirement without a variance and can provide objective, documented information that continued operation without a variance is not feasible or will prevent the delivery of effective and appropriate services and supports to individuals. B. Only directors may apply for variances, and they must first be approved by the provider, the governing body of the provider, or the commissioner, as appropriate, before consideration by an LHRC or the SHRC. C. Upon receiving approval from the governing body or commissioner, and after notifying the human rights advocate and other interested persons, the director shall file a formal application for variance with the LHRC. This application shall reference the specific part of these regulations to which a variance is needed, the proposed wording of the substitute rule or procedure, and the justification for a variance. The application shall also describe time limits and other conditions for duration and the circumstances that will end the applicability of the variance. 1. When the LHRC receives the application, it shall invite, and provide ample time to receive, oral or written statements about the application from the human rights advocate, individuals affected by the variance, and other interested persons. 2. The LHRC shall review the application and prepare a written report of facts, which shall include its recommendation for approval, disapproval, or modification. The LHRC shall send