TITLE 12. HEALTH
REGISTRAR'S NOTICE: The
State Board of Health is claiming an exemption from Article 2 of the
Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code
of Virginia, which excludes regulations that are necessary to conform to
changes in Virginia statutory law or the appropriation act where no agency
discretion is involved. The State Board of Health will receive, consider, and
respond to petitions by any interested person at any time with respect to
reconsideration or revision.
Title of Regulation: 12VAC5-410. Regulations for the
Licensure of Hospitals in Virginia (amending 12VAC5-410-450).
Statutory Authority: §§ 32.1-12, 32.1-123, and
32.1-127 of the Code of Virginia.
Effective Date: February 21, 2018.
Agency Contact: Domica Winstead, Policy Analyst, Office
of Licensure and Certification, Virginia Department of Health, 9960 Mayland
Drive, Suite 401, Richmond, VA 23233, telephone (804) 367-2157, FAX (804)
527-4502, or email domica.winstead@vdh.virginia.gov.
Summary:
Pursuant to Chapter 175 of the 2017 Acts of Assembly, the
amendments require that hospitals providing psychiatric services establish a
written protocol for the refusal to admit medically stable patients referred
for psychiatric care that addresses (i) direct verbal communication between the
on-call psychiatric physician and the referring physician and (ii) prohibits
on-call physicians or other hospital staff from refusing a request for direct
verbal communication by a referring physician.
12VAC5-410-450. Psychiatric service.
A. The psychiatric service shall be under the supervision of
a physician, licensed by the Board of Medicine, who meets the qualifications of
the medical staff bylaws.
B. Psychiatric units shall conform to the applicable
licensure requirements pursuant to 12VAC35-105.
C. Every hospital that provides inpatient psychiatric
services shall establish written policies for denial of admission of medically
stable patients in its psychiatric unit. The policies shall include language
that:
1. If a medically stable patient is referred to a
hospital's psychiatric unit and denied admission, the referring physician may
request direct verbal communication with the on-call physician at the referral
hospital; and
2. Prohibits on-call physicians or other hospital staff
from refusing a request from the referring physician for direct verbal
communication.
VA.R. Doc. No. R18-5385; Filed December 28, 2017, 11:05 a.m.