Virginia Administrative Code
Title 12 - HEALTH
Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES
Chapter 115 - REGULATIONS TO ASSURE THE RIGHTS OF INDIVIDUALS RECEIVING SERVICES FROM PROVIDERS LICENSED, FUNDED, OR OPERATED BY THE DEPARTMENT OF BEHAVIORAL
Part III - Explanation of Individual Rights and Provider Duties
Section 12VAC35-115-100 - Restrictions on freedoms of everyday life
Universal Citation: 2 VA Admin Code 35-115-100
Current through Register Vol. 41, No. 3, September 23, 2024
A. From admission until discharge from a service, each individual is entitled to:
1.
Enjoy all the freedoms of everyday life that are consistent with his need for
services, his protection, and the protection of others, and that do not
interfere with his services or the services of others. These freedoms include:
a. Freedom to move within the service
setting, its grounds, and the community;
b. Freedom to communicate, associate, and
meet privately with anyone the individual chooses;
c. Freedom to have and spend personal
money;
d. Freedom to see, hear, or
receive television, radio, books, and newspapers, whether privately owned or in
a library or public area of the service setting;
e. Freedom to keep and use personal clothing
and other personal items;
f.
Freedom to use recreational facilities and enjoy the outdoors; and
g. Freedom to make purchases in canteens,
vending machines, or stores selling a basic selection of food and
clothing.
2. Receive
services in that setting and under those conditions that are least restrictive
of his freedom.
B. The provider's duties.
1. Providers shall
encourage each individual's participation in normal activities and conditions
of everyday living and support each individual's freedoms.
2. Providers shall not limit or restrict any
individual's freedom more than is needed to achieve a therapeutic benefit,
maintain a safe and orderly environment, or intervene in an
emergency.
3. Providers shall not
impose any restriction on an individual unless the restriction is justified and
carried out according to these regulations. If a provider imposes a
restriction, except as provided in
12VAC35-115-50, the following
conditions shall be met:
a. A qualified
professional involved in providing services has, in advance, assessed and
documented all possible alternatives to the proposed restriction, taking into
account the individual's medical and mental condition, behavior, preferences,
nursing and medication needs, and ability to function independently.
b. A qualified professional involved in
providing services has, in advance, determined that the proposed restriction is
necessary for effective treatment of the individual or to protect him or others
from personal harm, injury, or death.
c. A qualified professional involved in
providing services has, in advance, documented in the individual's services
record the specific reason for the restriction.
d. A qualified professional involved in
providing services has explained, so that the individual can understand, the
reason for the restriction, the criteria for removal, and the individual's
right to a fair review of whether the restriction is permissible.
e. A qualified professional regularly reviews
the restriction and that the restriction is discontinued when the individual
has met the criteria for removal.
f. If a court has ordered the provider to
impose the restriction or if the provider is otherwise required by law to
impose the restriction, the restriction shall be documented in the individual's
services record.
4.
Providers may develop and enforce written program rules, but only if the rules
do not conflict with these regulations or any individual's services plan and
are needed to maintain a safe and orderly environment.
5. Providers shall, in the development of
these program rules:
a. Get as many
suggestions as possible from all individuals who are expected to obey the
rules;
b. Apply these rules in the
same way to each individual;
c.
Give the rules to and review them with each individual and his authorized
representative in a way that the individual can understand them, including
explaining possible consequences for violating them;
d. Post the rules in summary form in all
areas to which individuals and their families have regular access;
e. Submit the rules to the LHRC for review
and approval upon request of the advocate or LHRC; and
f. Prohibit individuals from disciplining
other individuals, except as part of an organized self-government program
conducted according to a written policy approved in advance by the
LHRC.
Statutory Authority
§§ 37.2-203 and 37.2-400 of the Code of Virginia.
Disclaimer: These regulations may not be the most recent version. Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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