Virginia Regulatory Town Hall
Agency
Department of Behavioral Health and Developmental Services
 
Board
State Board of Behavioral Health and Developmental Services
 
chapter
Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services [12 VAC 35 ‑ 115]
Action General revisions to clarify and update provisions for consistency with applicable laws and regulations and current standards of practice.
Stage Proposed
Comment Period Ended on 11/17/2006
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11/16/06  12:00 am
Commenter: Steve K. Waldron

Proposed code does not allow the option of Microboard or Circle of Support
 
Add to 12VAC35-115-30, DEFINITIONS - "Circle of support" means a group of 3 of more people who have been designated by the individual with a disability to assist him or her to accomplish personal life goals and to support the individual to make decisions and, if so designated, act as a substitute decision-maker. "Microboard" means an organization incorporated under the laws of the Commonwealth, whose mission and scope is to develop, provide and oversee the delivery of services and supports, within a formal organizational structure, to an individual who requires assistance in decision-making. Add to Part IV, SUBSTITUTE DECISION MAKING, 12VAC35-115-146 - Authorized representatives - the option for a microboard or circle of support to be appointed to serve as authorized representative for an individual when it has been determined the individual lacks the capacity to make some decisions. Section A - Add to the list of those from whom a provider shall obtain consent or authorization - "A microboard duly incorporated under the laws of the Commonwealth of Virginia." Section B - Add to the prioritized list of those a provider can designate as authorized representative, when an attorney-in-fact, health care agent, legal guardian or microboard is not available - Next friend of the individual. If no other person specified above is available and willing to serve as authorized representative, a provider may nominate a next friend of the individual, to the LHRC. A next friend can be an individual or a Circle of Support. If the next friend is a Circle of Support, the Circle shall designate a liaison to the LHRC, and the provider and shall agree to regular contact or communication with the individual and the provision of personal, financial, spiritual psychological or other support or assistance to the individual. The liaison of the Circle shall not be a provider currently working with the individual.
CommentID: 303