A. Each person who is a consumer in a hospital, training center, otherfacility, or program operated, funded, or licensed by the Department,excluding those operated by the Department of Corrections, shall be assuredhis legal rights and care consistent with basic human dignity insofar as itis within the reasonable capabilities and limitations of the Department,funded program, or licensee and is consistent with sound therapeutictreatment. Each person admitted to a hospital, training center, otherfacility, 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 isinformed 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 hisprior written and informed consent or that of his legally authorizedrepresentative;
5. Be afforded an opportunity to have access to consultation with a privatephysician at his own expense and, in the case of hazardous treatment orirreversible surgical procedures, have, upon request, an impartial reviewprior to implementation, except in case of emergency procedures required forthe preservation of his health;
6. Be treated under the least restrictive conditions consistent with hiscondition and not be subjected to unnecessary physical restraint andisolation;
7. Be allowed to send and receive sealed letter mail;
8. Have access to his medical and clinical treatment, training, orhabilitation records and be assured of their confidentiality but,notwithstanding other provisions of law, this right shall be limited toaccess consistent with his condition and sound therapeutic treatment;
9. Have the right to an impartial review of violations of the rights assuredunder this section and the right of access to legal counsel;
10. Be afforded appropriate opportunities, consistent with the person'scapabilities and capacity, to participate in the development andimplementation of his individualized services plan; and
11. Be afforded the opportunity to have an individual of his choice notifiedof his general condition, location, and transfer to another facility.
The Board shall adopt regulations to implement the provisions of thissubsection after due notice and public hearing, as provided for in theAdministrative Process Act (§ 2.2-4000 et seq.).
B. The Board shall adopt regulations delineating the rights of consumers withrespect to nutritionally adequate diet; safe and sanitary housing;participation in nontherapeutic labor; attendance or nonattendance atreligious services; participation in treatment decision-making, including dueprocess procedures to be followed when a consumer may be unable to make aninformed decision; notification of an individual of his choice regarding hisgeneral condition, location, and transfer to another facility; use oftelephones; suitable clothing; possession of money and valuables; and relatedmatters.
C. The human rights regulations shall be applicable to all hospitals,training centers, other facilities, and programs operated, funded, orlicensed by the Department; these hospitals, training centers, otherfacilities, or programs may be classified as to consumer population, size,type of services, or other reasonable classification.
D. The Board shall adopt regulations requiring public and private facilitiesand programs licensed or funded by the Department to provide nonprivilegedinformation and statistical data to the Department related to (i) the resultsof investigations of abuse or neglect, (ii) deaths and serious injuries,(iii) instances of seclusion and restraint, including the duration, type, andrationale for use per consumer, and (iv) findings by state or local humanrights committees or the Office of Human Rights in the Department of humanrights violations, abuse, or neglect. The Board's regulations shall addressthe procedures for collecting, compiling, encrypting, and releasing the data.This information and statistical data shall be made available to the publicin a format from which all provider and consumer-identifying information hasbeen removed. The Board's regulations shall specifically exclude allproceedings, minutes, records, and reports of any committee or nonprofitentity providing a centralized credentialing service that are identified asprivileged pursuant to § 8.01-581.17.
(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.)
A. Each person who is a consumer in a hospital, training center, otherfacility, or program operated, funded, or licensed by the Department,excluding those operated by the Department of Corrections, shall be assuredhis legal rights and care consistent with basic human dignity insofar as itis within the reasonable capabilities and limitations of the Department,funded program, or licensee and is consistent with sound therapeutictreatment. Each person admitted to a hospital, training center, otherfacility, 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 isinformed 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 hisprior written and informed consent or that of his legally authorizedrepresentative;
5. Be afforded an opportunity to have access to consultation with a privatephysician at his own expense and, in the case of hazardous treatment orirreversible surgical procedures, have, upon request, an impartial reviewprior to implementation, except in case of emergency procedures required forthe preservation of his health;
6. Be treated under the least restrictive conditions consistent with hiscondition and not be subjected to unnecessary physical restraint andisolation;
7. Be allowed to send and receive sealed letter mail;
8. Have access to his medical and clinical treatment, training, orhabilitation records and be assured of their confidentiality but,notwithstanding other provisions of law, this right shall be limited toaccess consistent with his condition and sound therapeutic treatment;
9. Have the right to an impartial review of violations of the rights assuredunder this section and the right of access to legal counsel;
10. Be afforded appropriate opportunities, consistent with the person'scapabilities and capacity, to participate in the development andimplementation of his individualized services plan; and
11. Be afforded the opportunity to have an individual of his choice notifiedof his general condition, location, and transfer to another facility.
The Board shall adopt regulations to implement the provisions of thissubsection after due notice and public hearing, as provided for in theAdministrative Process Act (§ 2.2-4000 et seq.).
B. The Board shall adopt regulations delineating the rights of consumers withrespect to nutritionally adequate diet; safe and sanitary housing;participation in nontherapeutic labor; attendance or nonattendance atreligious services; participation in treatment decision-making, including dueprocess procedures to be followed when a consumer may be unable to make aninformed decision; notification of an individual of his choice regarding hisgeneral condition, location, and transfer to another facility; use oftelephones; suitable clothing; possession of money and valuables; and relatedmatters.
C. The human rights regulations shall be applicable to all hospitals,training centers, other facilities, and programs operated, funded, orlicensed by the Department; these hospitals, training centers, otherfacilities, or programs may be classified as to consumer population, size,type of services, or other reasonable classification.
D. The Board shall adopt regulations requiring public and private facilitiesand programs licensed or funded by the Department to provide nonprivilegedinformation and statistical data to the Department related to (i) the resultsof investigations of abuse or neglect, (ii) deaths and serious injuries,(iii) instances of seclusion and restraint, including the duration, type, andrationale for use per consumer, and (iv) findings by state or local humanrights committees or the Office of Human Rights in the Department of humanrights violations, abuse, or neglect. The Board's regulations shall addressthe procedures for collecting, compiling, encrypting, and releasing the data.This information and statistical data shall be made available to the publicin a format from which all provider and consumer-identifying information hasbeen removed. The Board's regulations shall specifically exclude allproceedings, minutes, records, and reports of any committee or nonprofitentity providing a centralized credentialing service that are identified asprivileged pursuant to § 8.01-581.17.
(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.)
A. Each person who is a consumer in a hospital, training center, otherfacility, or program operated, funded, or licensed by the Department,excluding those operated by the Department of Corrections, shall be assuredhis legal rights and care consistent with basic human dignity insofar as itis within the reasonable capabilities and limitations of the Department,funded program, or licensee and is consistent with sound therapeutictreatment. Each person admitted to a hospital, training center, otherfacility, 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 isinformed 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 hisprior written and informed consent or that of his legally authorizedrepresentative;
5. Be afforded an opportunity to have access to consultation with a privatephysician at his own expense and, in the case of hazardous treatment orirreversible surgical procedures, have, upon request, an impartial reviewprior to implementation, except in case of emergency procedures required forthe preservation of his health;
6. Be treated under the least restrictive conditions consistent with hiscondition and not be subjected to unnecessary physical restraint andisolation;
7. Be allowed to send and receive sealed letter mail;
8. Have access to his medical and clinical treatment, training, orhabilitation records and be assured of their confidentiality but,notwithstanding other provisions of law, this right shall be limited toaccess consistent with his condition and sound therapeutic treatment;
9. Have the right to an impartial review of violations of the rights assuredunder this section and the right of access to legal counsel;
10. Be afforded appropriate opportunities, consistent with the person'scapabilities and capacity, to participate in the development andimplementation of his individualized services plan; and
11. Be afforded the opportunity to have an individual of his choice notifiedof his general condition, location, and transfer to another facility.
The Board shall adopt regulations to implement the provisions of thissubsection after due notice and public hearing, as provided for in theAdministrative Process Act (§ 2.2-4000 et seq.).
B. The Board shall adopt regulations delineating the rights of consumers withrespect to nutritionally adequate diet; safe and sanitary housing;participation in nontherapeutic labor; attendance or nonattendance atreligious services; participation in treatment decision-making, including dueprocess procedures to be followed when a consumer may be unable to make aninformed decision; notification of an individual of his choice regarding hisgeneral condition, location, and transfer to another facility; use oftelephones; suitable clothing; possession of money and valuables; and relatedmatters.
C. The human rights regulations shall be applicable to all hospitals,training centers, other facilities, and programs operated, funded, orlicensed by the Department; these hospitals, training centers, otherfacilities, or programs may be classified as to consumer population, size,type of services, or other reasonable classification.
D. The Board shall adopt regulations requiring public and private facilitiesand programs licensed or funded by the Department to provide nonprivilegedinformation and statistical data to the Department related to (i) the resultsof investigations of abuse or neglect, (ii) deaths and serious injuries,(iii) instances of seclusion and restraint, including the duration, type, andrationale for use per consumer, and (iv) findings by state or local humanrights committees or the Office of Human Rights in the Department of humanrights violations, abuse, or neglect. The Board's regulations shall addressthe procedures for collecting, compiling, encrypting, and releasing the data.This information and statistical data shall be made available to the publicin a format from which all provider and consumer-identifying information hasbeen removed. The Board's regulations shall specifically exclude allproceedings, minutes, records, and reports of any committee or nonprofitentity providing a centralized credentialing service that are identified asprivileged pursuant to § 8.01-581.17.
(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.)
