TITLE 40.1
Behavioral Healthcare, Developmental Disabilities and Hospitals

CHAPTER 40.1-26
Rights for Persons with Developmental Disabilities

SECTION 40.1-26-4


§ 40.1-26-4 Requirements of agencies.

(a) In a manner consistent with the participant's learning style, every agency shall provide to participants and/or advocates upon entry into the agency and at the yearly review of the individualized plan information describing the participant rights the name, address, and phone number of the human rights committee chair or his or her designee, the participant grievance procedure as required by § 40.1-26-5 and the availability of free legal assistance. Every agency shall also post a notice describing the information set out in this subsection.

(b) Every agency shall establish or participate in a human rights committee comprised of persons with developmental disabilities, family members of persons with developmental disabilities, qualified persons who have either experience or training in contemporary practices to change inappropriate participant behavior, advocates of persons with developmental disabilities and staff of agencies providing services to persons with developmental disabilities; provided, however, that employees and/or their spouses of the agency shall not participate in that agency's human rights committee as voting members.

(c) Every agency shall utilize the human rights committee to review, approve, and monitor individual plans designed to modify behavior which utilize aversive techniques or impair the participant's liberty and other plans, policies, and procedures that involve risks to participant protection and rights. No agency shall implement a plan to modify behavior, or any other plan, policy, or procedure described in this section without prior approval by the human rights committee.

(d) Every agency shall maintain incident reports documenting (1) any injury, any physical or emergency chemical restraint or alleged human rights violation, including, but not limited to, allegations of abuse, neglect, mistreatment, and (2) serious incidents.

(e) Every agency shall provide the human rights committee with copies of all incident reports completed by the agency.

(f) Every agency shall provide the human rights committee with copies of all grievances filed by participants or advocates and a copy of the final resolution of the grievance.

History of Section.
(P.L. 1990, ch. 414, § 1; P.L. 1994, ch. 83 § 2.)