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1999 SESSION

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SB 1224 Mental retardation, developmental disabilities, or mental illness.

Introduced by: Jane H. Woods | all patrons    ...    notes | add to my profiles

SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION: (all summaries)

Persons with mental retardation, developmental disabilities, or mental illness. Revises the internal human rights systems for such persons. The bill prohibits employees of the Department of Mental Health, Mental Retardation or Substance Abuse Services (Department) or a community services board (CSB), a CSB contractor, or a licensed public or private provider from serving as an authorized representative for a consumer being treated in any public or private program or facility; makes program licensure pursuant to Chapter 8 (§ 37.1-179 et seq.) of Title 37.1 contingent upon satisfactory human rights performance as determined by a human rights review performed by the Department; and authorizes the Department Commissioner to sanction public or private programs operated, licensed or funded by the Department for noncompliance with the human rights and licensure regulations. Sanctions include a civil penalty of up to $500 per violation per day and, for up to a year, a prohibition on new admissions or a reduction of licensed capacity. The State Board shall promulgate regulations for the Commissioner to use in determining the imposition of administrative sanctions and prescribe procedures to provide the public with access to statistical data about the operations and performance of state facilities and public or private community programs licensed or funded by the Department. Under the provisions of this bill, one-third of the appointments made by the State Board to the state or local human rights committees shall be consumers and family members of consumers, with at least two active consumers on each committee. Remaining appointments shall include health care providers, lawyers and persons with interest, knowledge or training in the mental health, mental retardation or substance abuse fields. Current employees of the Department, CSBs, behavioral health authorities or local government departments with a policy-advisory CSB are prohibited from serving as a member of the state human rights committee. Current employees of the Department, CSBs, BHAs or local government departments with a policy-advisory CSB or any program licensed by Department that serves an oversight function for the employing program are prohibited from serving as a member of the local human rights committee. The Governor’s amendments to the internal human rights system in the Department include (i) expanding the definition of abuse to apply to all persons responsible for the care of an individual and not just employees, (ii) excluding programs operated by the Department of Corrections from rights protections, and (iii) disallowing public access to statistical data about all complaints against facilities and programs and providing access only to “the results of investigations of abuse and neglect.” Finally, the Governor added a reenactment clause to the part of the bill reestablishing the Department for Rights of Virginians with Disabilities as an independent state agency called the Virginia Office for Protection and Advocacy.


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