CODE OF VIRGINIA

RIGHTS OF INDIVIDUALS RECEIVING SERVICES (§ 37.2-400)

A. Each individual receiving services in a hospital, training center, other
facility, or program operated, funded, or licensed by the Department, excluding
those operated by the Department of Corrections, shall be assured his legal
rights and care consistent with basic human dignity insofar as it is within the
reasonable capabilities and limitations of the Department, funded program, or
licensee and is consistent with sound therapeutic treatment. Each individual
admitted to a hospital, training center, other facility, or program operated,
funded, or licensed by the Department shall:

   1.  Retain his legal rights as provided by state and federal law;

   2.  Receive prompt evaluation and treatment or training about which he is
   informed insofar as he is capable of understanding;

   3.  Be treated with dignity as a human being and be free from abuse or
   neglect;

   4.  Not be the subject of experimental or investigational research without his
   prior written and informed consent or that of his legally authorized
   representative;

   5.  Be afforded an opportunity to have access to consultation with a private
   physician at his own expense and, in the case of hazardous treatment or
   irreversible surgical procedures, have, upon request, an impartial review
   prior to implementation, except in case of emergency procedures required for
   the preservation of his health;

   6.  Be treated under the least restrictive conditions consistent with his
   condition and not be subjected to unnecessary physical restraint and
   isolation;

   7.  Be allowed to send and receive sealed letter mail;

   8.  Have access to his medical and clinical treatment, training, or
   habilitation records and be assured of their confidentiality but,
   notwithstanding other provisions of law, this right shall be limited to access
   consistent with his condition and sound therapeutic treatment;

   9.  Have the right to an impartial review of violations of the rights assured
   under this section and the right of access to legal counsel;

   10.  Be afforded appropriate opportunities, consistent with the
   individual’s capabilities and capacity, to participate in the
   development and implementation of his individualized services plan; and

   11.  Be afforded the opportunity to have a person of his choice notified of
   his general condition, location, and transfer to another facility.The Board
   shall adopt regulations to implement the provisions of this subsection after
   due notice and public hearing, as provided for in the Administrative Process
   Act (§ 2.2-4000 et seq.).

B. The Board shall adopt regulations delineating the rights of individuals
receiving services with respect to nutritionally adequate diet; safe and
sanitary housing; participation in nontherapeutic labor; attendance or
nonattendance at religious services; participation in treatment decision-making,
including due process procedures to be followed when an individual may be unable
to make an informed decision; notification of a person of his choice regarding
his general condition, location, and transfer to another facility; use of
telephones; suitable clothing; possession of money and valuables; and related
matters.

C. The human rights regulations shall be applicable to all hospitals, training
centers, other facilities, and programs operated, funded, or licensed by the
Department; these hospitals, training centers, other facilities, or programs may
be classified as to population served, size, type of services, or other
reasonable classification.

D. The Board shall adopt regulations requiring public and private facilities and
programs licensed or funded by the Department to provide nonprivileged
information and statistical data to the Department related to (i) the results of
investigations of abuse or neglect, (ii) deaths and serious injuries, (iii)
instances of seclusion and restraint, including the duration, type, and
rationale for use per individual receiving services, and (iv) findings by state
or local human rights committees or the Office of Human Rights in the Department
of human rights violations, abuse, or neglect. The Board’s regulations
shall address the procedures for collecting, compiling, encrypting, and
releasing the data. This information and statistical data shall be made
available to the public in a format from which all information identifying a
provider or an individual receiving services has been removed. The Board’s
regulations shall specifically exclude all proceedings, minutes, records, and
reports of any committee or nonprofit entity providing a centralized
credentialing service that are identified as privileged pursuant to §
8.01-581.17.

HISTORY: 1974, c. 335, § 37.1-84.1; 1976, c. 671; 1989, cc. 459, 591; 1992, c.
603; 1999, c. 969; 2005, c. 716; 2009, cc. 111, 517; 2012, cc. 476, 507.