The Office shall have the following powers and duties:
1. To monitor the implementation of Chapter 9 (§ 51.5-40 et seq.) of thistitle and to render assistance to persons with disabilities in the protectionof their rights under the laws of the Commonwealth and of the United States.
2. To exhaust in a timely manner all appropriate administrative remedies toresolve complaints concerning violations of rights of persons withdisabilities, when those rights are related to such disabilities. When suchprocedures fail or if, in pursuing administrative remedies, the Officedetermines that any matter with respect to an individual with a disabilitywill not be resolved in a reasonable time, the Office shall have theauthority to pursue legal and other alternative remedies to protect therights of such persons.
3. To access facilities, institutions, and providers, as defined in §§37.2-100 and 37.2-403, and all other facilities and institutions that providecare or treatment to individuals with disabilities. Reasonable access shallbe granted for the purposes of conducting investigations of allegations ofabuse and neglect, and performing such other activities as necessary tomonitor the care and treatment provided to, and to protect the rights of,individuals with disabilities.
4. To access records of facilities, institutions, and providers, as definedin §§ 37.2-100 and 37.2-403, and all other facilities and institutions thatprovide care or treatment to individuals with disabilities regarding thecommitment, care, treatment, and habilitation of such individuals, unless thedisclosure of such records is specifically prohibited by federal law. Recordsthat are confidential under federal or state law shall be maintained asconfidential by the Office and shall not be further disclosed, except aspermitted by law. However, there shall be no right of access to privilegedcommunications pursuant to § 8.01-581.17.
5. To access, for the purposes of inspection and copying, the records of anindividual with a disability (a) who by reason of his mental or physicalcondition is unable to authorize the Office to have such access; (b) who doesnot have a legal guardian or for whom the Commonwealth, or designee of theCommonwealth, is the legal guardian; and (c) with respect to whom a complainthas been received by the Office or with respect to whom there is probablecause to believe that such person has been subjected to abuse or neglect. Thedirector of the facility or institution shall disclose the name, address, andtelephone number of any legal guardian or authorized representative.
The Office shall have the following powers and duties:
1. To monitor the implementation of Chapter 9 (§ 51.5-40 et seq.) of thistitle and to render assistance to persons with disabilities in the protectionof their rights under the laws of the Commonwealth and of the United States.
2. To exhaust in a timely manner all appropriate administrative remedies toresolve complaints concerning violations of rights of persons withdisabilities, when those rights are related to such disabilities. When suchprocedures fail or if, in pursuing administrative remedies, the Officedetermines that any matter with respect to an individual with a disabilitywill not be resolved in a reasonable time, the Office shall have theauthority to pursue legal and other alternative remedies to protect therights of such persons.
3. To access facilities, institutions, and providers, as defined in §§37.2-100 and 37.2-403, and all other facilities and institutions that providecare or treatment to individuals with disabilities. Reasonable access shallbe granted for the purposes of conducting investigations of allegations ofabuse and neglect, and performing such other activities as necessary tomonitor the care and treatment provided to, and to protect the rights of,individuals with disabilities.
4. To access records of facilities, institutions, and providers, as definedin §§ 37.2-100 and 37.2-403, and all other facilities and institutions thatprovide care or treatment to individuals with disabilities regarding thecommitment, care, treatment, and habilitation of such individuals, unless thedisclosure of such records is specifically prohibited by federal law. Recordsthat are confidential under federal or state law shall be maintained asconfidential by the Office and shall not be further disclosed, except aspermitted by law. However, there shall be no right of access to privilegedcommunications pursuant to § 8.01-581.17.
5. To access, for the purposes of inspection and copying, the records of anindividual with a disability (a) who by reason of his mental or physicalcondition is unable to authorize the Office to have such access; (b) who doesnot have a legal guardian or for whom the Commonwealth, or designee of theCommonwealth, is the legal guardian; and (c) with respect to whom a complainthas been received by the Office or with respect to whom there is probablecause to believe that such person has been subjected to abuse or neglect. Thedirector of the facility or institution shall disclose the name, address, andtelephone number of any legal guardian or authorized representative.
The Office shall have the following powers and duties:
1. To monitor the implementation of Chapter 9 (§ 51.5-40 et seq.) of thistitle and to render assistance to persons with disabilities in the protectionof their rights under the laws of the Commonwealth and of the United States.
2. To exhaust in a timely manner all appropriate administrative remedies toresolve complaints concerning violations of rights of persons withdisabilities, when those rights are related to such disabilities. When suchprocedures fail or if, in pursuing administrative remedies, the Officedetermines that any matter with respect to an individual with a disabilitywill not be resolved in a reasonable time, the Office shall have theauthority to pursue legal and other alternative remedies to protect therights of such persons.
3. To access facilities, institutions, and providers, as defined in §§37.2-100 and 37.2-403, and all other facilities and institutions that providecare or treatment to individuals with disabilities. Reasonable access shallbe granted for the purposes of conducting investigations of allegations ofabuse and neglect, and performing such other activities as necessary tomonitor the care and treatment provided to, and to protect the rights of,individuals with disabilities.
4. To access records of facilities, institutions, and providers, as definedin §§ 37.2-100 and 37.2-403, and all other facilities and institutions thatprovide care or treatment to individuals with disabilities regarding thecommitment, care, treatment, and habilitation of such individuals, unless thedisclosure of such records is specifically prohibited by federal law. Recordsthat are confidential under federal or state law shall be maintained asconfidential by the Office and shall not be further disclosed, except aspermitted by law. However, there shall be no right of access to privilegedcommunications pursuant to § 8.01-581.17.
5. To access, for the purposes of inspection and copying, the records of anindividual with a disability (a) who by reason of his mental or physicalcondition is unable to authorize the Office to have such access; (b) who doesnot have a legal guardian or for whom the Commonwealth, or designee of theCommonwealth, is the legal guardian; and (c) with respect to whom a complainthas been received by the Office or with respect to whom there is probablecause to believe that such person has been subjected to abuse or neglect. Thedirector of the facility or institution shall disclose the name, address, andtelephone number of any legal guardian or authorized representative.
