DEPARTMENT OF BEHAVIORAL HEALTH AND
Proposed Variances to the Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services (DBHDS) (12VAC35-115).
Notice of action: The Department of Behavioral Health and Developmental Services (DBHDS), in accordance with Part VI, Variances (12VAC35-115-220), of the Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services (12VAC35-115), hereafter referred to as the “Human Rights Regulations,” is announcing an opportunity for public comment on an application for proposed variances to the Human Rights Regulations submitted to the State Human Rights Committee (SHRC). The purpose of the regulations is to ensure and protect the legal and human rights of individuals receiving services in facilities or programs operated, licensed, or funded by DBHDS.
Each variance application references the specific part of these regulations to which a variance is needed, the proposed wording of the substitute rule or procedure, and the justification for a variance. Such application also describes time limits and other conditions for duration and the circumstances that will end the applicability of the variance. After considering all available information including comments, the SHRC intends to submit a written decision deferring, disapproving, modifying, or approving each variance application. All variances shall be approved for a specific time period. The decision and reasons for variance will be published in a later issue of this Register.
Purpose of notice: The SHRC is seeking comment on the application for proposed new variance to the Human Rights Regulations for DBHDS’ Virginia Center for Behavioral Rehabilitation (VCBR).
Variance to Procedures for 12VAC35-115-100, Restrictions on Freedoms of Everyday Life: B 3 a - e.
Requirements for the Imposition of Restrictions:
This proposed variance would permit VCBR to place a resident on restrictions temporarily, without first meeting the criteria set forth in 12 VAC 35-115-100 B 3 a - e, if a resident displays behavior that is determined to be an immediate threat to the safety and security of the facility or the community.
Explanation: Individuals deemed by the court to be “sexually violent predators” may engage in behavior that requires an immediate response to ensure the safety of individuals in the facility and the community. An appropriate response may be an immediate restriction on the freedoms of everyday life as outlined in 12 VAC 35-115-100 A 1 a - g. The immediate need to protect the safety and security of the facility or the community may be jeopardized by the process outlined in 12 VAC 35-115-100 B 3 a - e.
When immediate restrictions are imposed to ensure the safety and security of the facility or the community, such restrictions shall be in effect only until the next business day that the restricted resident’s treatment team is able to meet, review the imposed restriction, and meet the requirements set forth in 12 VAC 35-115-100 B 3 a - e.
Procedures for ensuring residents’ freedoms of everyday life within VCBR and procedures for implementing restrictions on those freedoms shall be outlined in Facility Instruction No. 201, Restrictions on Freedoms of Everyday Life.
Variances to these regulations by the state facility listed above are reviewed by the SHRC at least annually, with reports to the SHRC regarding the variances as requested.
Public comment period: March 4, 2019, through April 3, 2019.
How to comment: The SHRC accepts written comments by email, fax, and postal mail. In order to be considered, comments must include the full name, address, and telephone number of the person commenting and be received by DBHDS, who will provide them to the SHRC, by the last day of the comment period. All information received is part of the public record.
To review a proposal: Variance applications and any supporting documentation may be obtained by contacting the DBHDS representative named below.
Contact Information: Deborah Lochart, Director, Office of Human Rights, Department of Behavioral Health and Developmental Services, 1220 East Bank Street, P.O. Box 1797, Richmond, VA 23218-1797, telephone (804) 786-0032, FAX (804) 804-371-2308, or email firstname.lastname@example.org.