Current through Register Vol. 41, No. 3, September 23, 2024
A. Providers shall collect, maintain and
report the following information concerning abuse, neglect, and exploitation:
1. The director of a facility operated by the
department shall report allegations of abuse and neglect in accordance with all
applicable operating instructions issued by the commissioner or his
designee.
2. The director of a
service licensed or funded by the department shall report each allegation of
abuse or neglect to the assigned human rights advocate within 24 hours from the
receipt of the allegation (see
12VAC35-115-50) .
3. The investigating authority shall provide
a written report of the results of the investigation of abuse or neglect to the
director and human rights advocate within 10 working days from the date the
investigation began unless an exemption has been granted by the department (see
12VAC35-115-50) . This report
shall include:
a. Whether abuse, neglect, or
exploitation occurred;
b. The type
of abuse; and
c. Whether the act
resulted in physical or psychological injury.
B. Providers shall collect, maintain, and
report the following information concerning deaths and serious injuries:
1. The director of a facility operated by the
department shall report to the department deaths and serious injuries in
accordance with all applicable operating instructions issued by the
commissioner or his designee.
2.
The director of a service licensed or funded by the department shall report
deaths and serious injuries in writing to the department within 24 hours of
discovery and by telephone to the authorized representative within 24
hours.
3. All reports of death and
serious injuries shall include:
a. Date and
place of the death or serious injury;
b. Nature of the injuries and treatment
required; and
c. Circumstances of
the death or serious injury.
C. Providers shall collect, maintain and
report the following information concerning seclusion and restraint:
1. The director of a facility operated by the
department shall report each instance of seclusion or restraint or both in
accordance with all applicable operating instructions issued by the
commissioner or his designee.
2.
The director of a service licensed or funded by the department shall submit an
annual report of each instance of seclusion or restraint or both by the 15th of
January each year, or more frequently if requested by the department.
3. Each instance of seclusion or restraint or
both shall be compiled on a monthly basis and the report shall include:
a. Type(s) to include:
(1) Physical restraint (manual
hold);
(2) Mechanical
restraint;
(3) Pharmacological
restraint; and
(4)
Seclusion.
b. Rationale
for the use of seclusion or restraint to include:
(1) Behavioral purpose;
(2) Medical purpose; or
(3) Protective purpose.
c. Duration of the seclusion or restraint, as
follows:
(1) The duration of seclusion and
restraint used for behavioral purposes is defined as the actual time the
individual is in seclusion or restraint from the time of initiation of
seclusion or restraint until the individual is released.
(2) The duration of restraint for medical and
protective purposes is defined as the length of the episode as indicated in the
order.
4. Any
instance of seclusion or restraint that does not comply with these regulations
or approved variances, or that results in injury to an individual, shall be
reported to the authorized representative, as applicable, and the assigned
human rights advocate within 24 hours.
D. The director shall provide to the human
rights advocate and the LHRC information on the type, resolution level, and
findings of each complaint of a human rights violation and implementation of
variances in accordance with the LHRC meeting schedule or as requested by the
advocate.
E. Reports required under
this section shall be submitted to the department on forms or in an automated
format or both developed by the department.
F. The department shall compile all data
reported under this section and make this data available to the public and the
Office of the State Inspector General (§ 2.2-308 of the Code of Virginia)
upon request.
1. The department shall provide
the compiled data in writing or by electronic means.
2. The department shall remove all
provider-identifying information and all information that could be used to
identify a person as an individual receiving services.
G. In the reporting, compiling and releasing
of information and statistical data provided under this section, the department
and all providers shall take all measures necessary to ensure that any
information identifying individuals is not released to the public, including
encryption of data transferred by electronic means.
H. Nothing in this section is to be construed
as requiring the reporting of proceedings, minutes, records, or reports of any
committee or nonprofit entity providing a centralized credentialing service,
which are identified as privileged pursuant to § 8.01-581.17 of the Code
of Virginia.
I. Providers shall
report to the Department of Health Professions, Enforcement Division,
violations of these regulations that constitute reportable conditions under
§§ 54.1-2400.4, 54.1-2400.6, and 54.1-2909 of the Code of
Virginia.
Statutory Authority: §§ 37.2-203 and 37.2-400
of the Code of Virginia.
