CODE OF VIRGINIA

ADDITIONAL POWERS AND DUTIES; BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES (§
2.2-309.1)

A. The definitions found in § 37.2-100 shall apply mutatis mutandis to the
terms used in this section.

B. In addition to the duties set forth in this chapter, the State Inspector
General shall have the following powers and duties to:

   1.  Provide inspections of and make policy and operational recommendations for
   state facilities and for providers, including licensed mental health treatment
   units in state correctional facilities, in order to prevent problems, abuses,
   and deficiencies in and improve the effectiveness of their programs and
   services. The State Inspector General shall provide oversight and conduct
   announced and unannounced inspections of state facilities and of providers,
   including licensed mental health treatment units in state correctional
   facilities, on an ongoing basis in response to specific complaints of abuse,
   neglect, or inadequate care and as a result of monitoring serious incident
   reports and reports of abuse, neglect, or inadequate care or other information
   received. The State Inspector General shall conduct unannounced inspections at
   each state facility at least once annually;

   2.  Inspect, monitor, and review the quality of services provided in state
   facilities and by providers as defined in § 37.2-403, including licensed
   mental health treatment units in state correctional facilities;

   3.  Access any and all information, including confidential consumer
   information, related to the delivery of services to consumers in state
   facilities or served by providers, including licensed mental health treatment
   units in state correctional facilities. However, the State Inspector General
   shall not be given access to any proceedings, minutes, records, or reports of
   providers that are privileged under § 8.01-581.17, except that the State
   Inspector General shall be given access to any privileged information in state
   facilities and licensed mental health treatment units in state correctional
   facilities. All consumer information shall be maintained by the State
   Inspector General as confidential in the same manner as is required by the
   agency or provider from which the information was obtained;

   4.  Keep the General Assembly and the Joint Commission on Health Care fully
   and currently informed by means of reports required by § 2.2-313 concerning
   significant problems, abuses, and deficiencies relating to the administration
   of the programs and services of state facilities and of providers, including
   licensed mental health treatment units in state correctional facilities, to
   recommend corrective actions concerning the problems, abuses, and
   deficiencies, and report on the progress made in implementing the corrective
   actions;

   5.  Review, comment on, and make recommendations about, as appropriate, any
   reports prepared by the Department of Behavioral Health and Developmental
   Services and the critical incident data collected by the Department of
   Behavioral Health and Developmental Services in accordance with regulations
   adopted under § 37.2-400 to identify issues related to quality of care,
   seclusion and restraint, medication usage, abuse and neglect, staff
   recruitment and training, and other systemic issues;

   6.  As deemed necessary, monitor, review, and comment on regulations adopted
   by the Board of Behavioral Health and Developmental Services; and

   7.  Receive reports, information, and complaints from the Commonwealth’s
   designated protection and advocacy system concerning issues related to quality
   of care provided in state facilities and by providers, including licensed
   mental health treatment units in state correctional facilities, and conduct
   independent reviews and investigations.

HISTORY: 2013, cc. 571, 717, 723; 2014, c. 788.