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2000 SESSION

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HB 1348 Persons with mental retardation, developmental disabilities, etc.

Introduced by: Thelma Drake | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Persons with mental retardation, developmental disabilities or mental illness. Provides the Department for Rights of Virginians with Disabilities (DRVD) with access to facilities or institutions that provide care and treatment to individuals with disabilities to investigate allegations of abuse or neglect, to monitor the care and treatment of individuals with disabilities, and to protect the rights of individuals with disabilities. The Department is also provided authority to examine the records of the facilities or institutions (including individual records), unless prohibited by federal law, regarding commitment, care, treatment, and habilitation of individuals with disabilities within the facilities and institutions. Patient records will be accessible without written consent of the person when the individual is the subject of a complaint or there is probable cause to believe that the patient has been subjected to abuse or neglect, the patient is unable to authorize the Department to have access by reason of his mental or physical condition, and there is no legal guardian or the Commonwealth or a designee of the Commonwealth is the legal guardian. This access is already granted to DRVD under federal law; Virginia statutory access will clarify and strengthen DRVD's ability to access public and private facilities and institutions. The Department will not have access to peer review, utilization review, disciplinary committee or practice privilege application files which are privileged communications pursuant to the Medical Malpractice Act. This bill is identical to SB 554.


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