TITLE 12. HEALTH
STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES
Agency Decision
Title of Regulation: 12VAC35-115. Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services.
Statutory Authority: §§ 37.2-202 and 37.2-400 of the Code of Virginia.
Name of Petitioner: Steven Shoon.
Nature of Petitioner's Request: Amend the regulations to require the reason documented for denying patient access to service records and criteria for removal to be consistent with the statement the physician is required to put into the service record in order to deny patient access to the same.
Agency Decision: Request denied.
Statement of Reason for Decision: The board determined that 12VAC35-115 provides adequate protections with respect to restrictions being placed on an individual access to his or her services record.
Agency Contact: Linda B. Grasewicz, Senior Planner, Department of Behavioral Health and Developmental Services, P.O. Box 1797, Richmond, VA 23218-1797, telephone (804) 786-0040, FAX (804) 371-0092, or email linda.grasewicz@dbhds.virginia.gov.
VA.R. Doc. No. R10-04; Filed December 9, 2009, 3:55 p.m.
Agency Decision
Title of Regulation: 12VAC35-115. Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services.
Statutory Authority: §§ 37.2-202 and 37.2-400 of the Code of Virginia.
Name of Petitioner: Steven Shoon.
Nature of Petitioner's Request: The reinstatement of the requirement on limiting the timeframe of how long the provider can impose a restriction on the patient's access to their service records.
Agency Decision: Request denied.
Statement of Reasons for Decision: The board determined that 12VAC35-115 has never included a requirement limiting the length of time that a restriction could be placed on a patient's access to his or her service record. The board determined that to do so would be to regulate a clinical practice issue.
Agency Contact: Linda B. Grasewicz, Senior Planner, Department of Behavioral Health and Developmental Services, P.O. Box 1797, Richmond, VA 23218-1797, telephone (804) 786-0040, FAX (804) 371-0092, or email linda.grasewicz@dbhds.virginia.gov.
VA.R. Doc. No. R10-05; Filed December 9, 2009, 3:55 p.m.
Agency Decision
Title of Regulation: 12VAC35-115. Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services.
Statutory Authority: §§ 37.2-202 and 37.2-400 of the Code of Virginia.
Name of Petitioner: Steven Shoon.
Nature of Petitioner's Request: Regulation governing amendment of the service records should be amended to require the reviewer of patient requests to amend/correct their services records to be neither the patient's treating clinician nor a person who wrote the particular note in the service record that the patient is requesting to be amended/corrected.
Agency Decision: Request denied.
Statement of Reasons for Decision: The board determined that the existing provisions of 12VAC35-115 provide individuals receiving services with a clearly delineated right to have a statement of disagreement included in the record.
Agency Contact: Linda B. Grasewicz, Senior Planner, Department of Behavioral Health and Developmental Services, P.O. Box 1797, Richmond, VA 23218-1797, telephone (804) 786-0040, FAX (804) 371-0092, or email linda.grasewicz@dbhds.virginia.gov.
VA.R. Doc. No. R10-06; Filed December 9, 2009, 3:55 p.m.
Agency Decision
Title of Regulation: 12VAC35-115. Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services.
Statutory Authority: §§ 37.2-202 and 37.2-400 of the Code of Virginia.
Name of Petitioner: Steven Shoon.
Nature of Petitioner's Request: Regulation governing access to or amendment/correction of patients' service records should be amended to limit to 10 days from the date of the submission's request, (i) the physician's response to a patient's request for accessing his service record and (ii) the reviewer's response to a patient's request for amending/correcting his service record.
Agency Decision: Request denied.
Statement of Reasons for Decision: The board determined that 12VAC35-115 should not be changed to establish a specific timeframe within which a provider must respond to record access requests. Requirements regarding response timeframes are already established by state and federal laws and differ based on the type of provider.
Agency Contact: Linda B. Grasewicz, Senior Planner, Department of Behavioral Health and Developmental Services, P.O. Box 1797, Richmond, VA 23218-1797, telephone (804) 786-0040, FAX (804) 371-0092, or email linda.grasewicz@dbhds.virginia.gov.
VA.R. Doc. No. R10-07; Filed December 9, 2009, 3:55 p.m.
Agency Decision
Title of Regulation: None specified.
Statutory Authority: §§ 37.2-202 and 37.2-400 of the Code of Virginia.
Name of Petitioner: Steven Shoon.
Nature of Petitioner's Request: Regulation governing different legal statuses of inpatient hospitalization and their discharge criteria should repeal the provision requiring or allowing a "provider" to wait until after 30 days from admission to inform the involuntarily, civilly committed patients' of their right to seek discharge from the facility director and their right to seek legal appeal of their civil commitment order to the Circuit Court pursuant to § 37.2-830 of the Code of Virginia.
Agency Decision: Request denied.
Statement of Reasons for Decision: The board determined that 12VAC35-115-70 B 8 b neither requires nor allows a provider to wait for 30 days after admission to notify the individual receiving services of his right to appeal an order of involuntary commitment.
Agency Contact: Linda B. Grasewicz, Senior Planner, Department of Behavioral Health and Developmental Services, P.O. Box 1797, Richmond, VA 23218-1797, telephone (804) 786-0040, FAX (804) 371-0092, or email linda.grasewicz@dbhds.virginia.gov.
VA.R. Doc. No. R10-08; Filed December 9, 2009, 3:55 p.m.
Agency Decision
Title of Regulation: 12VAC35-115. Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services.
Statutory Authority: §§ 37.2-202 and 37.2-400 of the Code of Virginia.
Name of Petitioner: Steven Shoon.
Nature of Petitioner's Request: Regulations allowing the commissioner to suspend the applicability of the human rights regulation, through a written exemption, to people on forensic status or civilly committed as sexually violent predators should be repealed.
Agency Decision: Request denied.
Statement of Reasons for Decision: The board determined that the authority granted under 12VAC35-115 to the commissioner to balance individual rights with the need for public safety is consistent with the provisions of § 37.2-400 of the Code of Virginia.
Agency Contact: Linda B. Grasewicz, Senior Planner, Department of Behavioral Health and Developmental Services, P.O. Box 1797, Richmond, VA 23218-1797, telephone (804) 786-0040, FAX (804) 371-0092, or email linda.grasewicz@dbhds.virginia.gov.
VA.R. Doc. No. R10-09; Filed December 9, 2009, 3:55 p.m.
Agency Decision
Title of Regulation: 12VAC35-115. Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services.
Statutory Authority: §§ 37.2-202 and 37.2-400 of the Code of Virginia.
Name of Petitioner: Steven Shoon.
Nature of Petitioner's Request: Regulation should be amended to prohibit the commissioner from suspending the applicability of provisions in the human rights regulations that apply to people on forensic status or civilly committed as sexually violent predators through a written exemption where there are duplicate provisions of the same rights in the statutes (§ 37.2-400 of the Code of Virginia).
Agency Decision: Request denied.
Statement of Reasons for Decision: The board determined that § 37.2-400 of the Code of Virginia does allow qualifications to the statutorily defined rights when such qualifications are consistent with reasonable limitations and sound therapeutic treatment.
Agency Contact: Linda B. Grasewicz, Senior Planner, Department of Behavioral Health and Developmental Services, P.O. Box 1797, Richmond, VA 23218-1797, telephone (804) 786-0040, FAX (804) 371-0092, or email linda.grasewicz@dbhds.virginia.gov.
VA.R. Doc. No. R10-10; Filed December 9, 2009, 3:55 p.m.
Agency Decision
Title of Regulation: 12VAC35-115. Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services.
Statutory Authority: §§ 37.2-202 and 37.2-400 of the Code of Virginia.
Name of Petitioner: Steven Shoon.
Nature of Petitioner's Request: Regulation should be amended to require the commissioner to specify the section codes and provisions as apart of the written exemptions for suspending the applicability of the human rights regulation to people on forensic status and civilly committed as sexually violent predators.
Agency Decision: Request denied.
Statement of Reasons for Decision: The board determined that the subject of this petition is adequately addressed in departmental policy guidance and does not require regulatory action.
Agency Contact: Linda B. Grasewicz, Senior Planner, Department of Behavioral Health and Developmental Services, P.O. Box 1797, Richmond, VA 23218-1797, telephone (804) 786-0040, FAX (804) 371-0092, or email linda.grasewicz@dbhds.virginia.gov.
VA.R. Doc. No. R10-11; Filed December 9, 2009, 3:55 p.m.
Initial Agency Notice
Title of Regulation: 12VAC35-115. Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services.
Statutory Authority: §§ 37.2-202 and 37.2-400 of the Code of Virginia.
Name of Petitioner: Steven Shoon.
Nature of Petitioner's Request: Adjust the complaint resolution process to remove the director or director's designee from handling the Human Rights Complaint when the director or director's designee's conduct, position, or circumstances renders them unable to perform an impartial review of the Human Rights Complaint. This includes prohibiting the director of appointing a designee for handling the Human Rights Complaint.
Agency's Plan for Disposition of the Request: The board will consider the petition and any comments received at its first meeting after the conclusion of the public comment period.
Comments may be submitted until January 25, 2010.
Agency Contact: Linda B. Grasewicz, Senior Planner, Department of Behavioral Health and Developmental Services, P.O. Box 1797, Richmond, VA 23218-1797, telephone (804) 786-0040, FAX (804) 371-0092, or email linda.grasewicz@dbhds.virginia.gov.
VA.R. Doc. No. R10-30; Filed December 10, 2009, 4:38 p.m.