12VAC35-115-30 “Independent Review Committee”
Proposed language: "Independent review committee" means a committee appointed or accessed by a provider to review and approve the clinical efficacy of the provider's behavioral treatment plans and associated data collection procedures. An independent review committee shall be composed of professionals with training and experience in applied behavioral analysis who are not involved in the development of the plan or directly providing services to the individual.

Recommended language: "Independent review committee" means a committee appointed or accessed by a provider the LHRC or SHRC to review and approve the clinical efficacy of the provider's behavioral treatment plans and associated data collection procedures. An independent review committee shall be composed of licensed professionals with training and experience in applied behavioral analysis who are not involved in the development of the plan or directly providing services to the individual.

12VAC 35-115-110 “Use of seclusion, restraint, and time out.” C.8
Proposed language: Providers shall submit all proposed seclusion, restraint, and time out policies and procedures to the LHRC for review and comment before implementing them, when proposing changes, or upon request of the human rights advocate, the LHRC, or the SHRC.

Recommended language: Providers shall submit all proposed seclusion, restraint, and time out policies and procedures to the LHRC for review and comment before implementing them, when proposing changes, or upon request of the human rights advocate, the LHRC, or the SHRC. (Do not remove)

12VAC35-115-145. Determination of capacity to give consent or authorization. 6. (add new section)
Recommended language (new language): 6. Under no circumstances shall restrictions be placed on an incapacitated person’s right to speak with an attorney, an ombudsman, or a representative of the state protection and advocacy organization as defined under section 51.5-39.13 of the Virginia Code.

12VAC35-115-175 “Human Rights Complaint Process” C.5
Proposed language: Ensure that all communications to the individual are in the manner, format, and language most easily understood by the individual;

Recommended language: Ensure that all communications to the individual are in the manner, format, and language most easily understood by the individual and ensure that the individual is aware of the availability of alternate formats for materials (e.g. Braille, large-print, etc.)