The disAbility Law Center of Virginia (dLCV) is the Commonwealth’s designated Protection and Advocacy system for individuals with disabilities. We have concerns regarding the variance and appreciate your review and consideration.

We appreciate that, for some patients, having periods of isolation can be an appropriate and safe coping mechanism.  If WSH has a patient  who requests the use of the seclusion room to prevent continued escalation and to prevent harm, we support WSH utilizing the process as detailed in the Regulations to support that individual. WSH has the means at their disposal to seek a variance for the particular or few individuals who this may apply to.

There is no need for a blanket variance. The process outlined in the Regulations for seeking a variance requires WSH to provide objective, documented information to ensure WSH meets the necessary burden of proof that the variance would not violate the individual’s right.  A blanket variance would mean that WSH no longer needs such documentation to support the use of the seclusion room outside of emergency measures. The purpose of this process is to have the safeguards and oversight in place to protect individual rights while ensuring patient safety. A blanket variance increases the potential for abuse and neglect by removing the safeguards in place.

Additionally, WSH failed to provide objective documentation regarding how continued operation without this variance would be infeasible or prevent the delivery of services and supports. These standards are required as per the Regulations in order for such a variance to be approved. The regulations were written in a way that balanced the need for security, safety, AND dignity. Patients’ rights cannot be sacrificed without due process.

We should be working to expand and protect the human rights regulations, improve services, and empower patients in their recovery. The purpose of the variance process is to ensure that any variance to the human rights regulations has the proper oversight and meets the necessary requirements. WSH already has the means available to utilize the seclusion room for specific individuals by pursuing the process and providing the necessary documentation. A blanket variance increases the risk of human rights violations and is unnecessary.

Please address any questions or response to this comment to Robert Gray, dLCV Director for Quality Assurance and Compliance at Robert.gray@dlcv.org.

Sincerely,

Colleen Miller

dLCV Executive Director