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 12VAC35-115-60 - Services
Universal Citation: 2 VA Admin Code 35-115-60
Current through Register Vol. 41, No. 3, September 23, 2024
A. Each individual receiving services shall receive those services according to law and sound therapeutic practice.
B. The provider's duties.
1. Providers shall
develop, carry out, and regularly monitor policies and procedures prohibiting
discrimination in the provision of services. Providers shall comply with all
state and federal laws, including any applicable provisions of the Americans
with Disabilities Act ( 42 USC § 12101 et seq.), that prohibit
discrimination on the basis of race, color, religion, ethnicity, age, sex,
disability, or ability to pay. These policies and procedures shall require, at
a minimum, the following:
a. An individual or
anyone acting on his behalf may complain to the director if he believes that
his services have been limited or denied due to discrimination.
b. If an individual complains of
discrimination, the director shall assure that an appropriate investigation is
conducted immediately. The director shall make a decision, take action, and
document the action within 10 working days of receipt of the
complaint.
c. A written copy of the
decision and the director's action shall be forwarded to the individual and his
authorized representative, the human rights advocate, and any employee or
employees involved.
d. If the
individual or his authorized representative is not satisfied with the
director's decision or action, he may file a petition for an LHRC hearing under
12VAC35-115-180.
2. Providers shall ensure that all
services, including medical services and treatment, are at all times delivered
in accordance with sound therapeutic practice. Providers may deny or limit an
individual's access to services if sound therapeutic practice requires limiting
the service to individuals of the same sex or similar age, disability, or legal
status.
3. Providers shall develop
and implement policies and procedures that address emergencies. These policies
and procedures shall:
a. Identify what
caregivers may do to respond to an emergency;
b. Identify qualified clinical staff who are
accountable for assessing emergency conditions and determining the appropriate
intervention;
c. Require that the
director immediately notify the individual's authorized representative and the
advocate if an emergency results in harm or injury to any individual;
and
d. Require documentation in the
individual's services record of all facts and circumstances surrounding the
emergency.
4. Providers
shall assign a specific person or group of persons to carry out each of the
following activities:
a. Medical, mental
health, and behavioral screenings and assessments, as applicable, upon
admission and during the provision of services;
b. Preparation, implementation, and
appropriate changes to an individual's services plan based on the ongoing
review of the medical, mental, and behavioral needs of the
individual;
c. Preparation and
implementation of an individual's discharge plan; and
d. Review of every use of seclusion or
restraint by a qualified professional who is involved in providing services to
the individual.
5.
Providers shall not deliver any service to an individual without a services
plan that is tailored specifically to the needs and expressed preferences of
the individual and, in the case of a minor, the minor and the minor's parent or
guardian. Services provided in response to emergencies or crises shall be
deemed part of the services plan and thereafter documented in the individual's
services plan.
6. Providers shall
write the services plan and discharge plan in clear, understandable
language.
7. When preparing or
changing an individual's services or discharge plan, providers shall ensure
that all services received by the individual are integrated. With the
individual's or the individual's authorized representative's authorization,
providers may involve family members in services and discharge planning. When
the individual or his authorized representative requests such involvement, the
provider shall take all reasonable steps to do so. In the case of services to
minors, the parent or guardian or other person authorized to consent to
treatment pursuant to § 54.1-2969A of the Code of Virginia shall be
involved in service and discharge planning.
8. Providers shall ensure that the entries in
an individual's services record are at all times authentic, accurate, complete,
timely, and pertinent.
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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