Title 40.1, Title 40.1 Healthcare, Developmental Disabilities and Hospitals

Any employee of any facility who shall deny to or withhold from any client any right granted him or her by law shall, independently of the criminal sanctions described in § 40.1-22-26, be subject to such disciplinary action as the director of the facility shall see fit to impose,…

If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence,…

Nothing contained in this chapter shall affect or impair the validity of any act done or right accruing, accrued or acquired, or any order, judgment, or status established prior to the enactment thereof.

Whenever used in this chapter, or in any order, rule, or regulation made or promulgated pursuant to this chapter, or in the printed forms prepared by the director, unless otherwise expressly stated, or unless the context or subject matter otherwise requires: (1) “Client” means an…

(a) The director of behavioral healthcare, developmental disabilities and hospitals is charged with the execution of laws relating to the admission and care of the developmentally disabled. (b) The director shall be responsible for the facilities in the department and such others…

This chapter shall be read in conjunction with the previously stated authority of the director and the duties of the office of developmental disabilities under chapter 21 of this title.

(a) Any person alleged to be developmentally disabled, warranting observation and possible residential care and treatment in a facility, public or private, as herein defined, who is not held to answer presently to a criminal charge may be admitted to and received and retained as …

(a) Any individual of lawful age, either personally, or on the application of any relative, friend, or attorney with the individual’s consent, must apply, orally or in writing, for voluntary admission to any facility provided for by this chapter seeking care and residence for all…

(a)(1) Upon the application of the director of the department of behavioral healthcare, developmental disabilities and hospitals or the director’s designee, or of any relative, next of kin, or legally designated guardian of a person alleged to be developmentally disabled, and in …

The natural or adoptive parents, or the survivor of them, of a person who has been determined to be a person with developmental disabilities under regulations of the director of the department of behavioral healthcare, developmental disabilities and hospitals, may appoint at any …

(a) It is specifically intended that the provisions of this chapter shall be available for the benefit of all persons with developmental disabilities who are now resident at state facilities, or on placement from such facilities, or who reside within the state. (b) This chapter s…

(a) A parental successor may be an individual, whether related or not to the person who has been determined to be a person with developmental disabilities under the regulations of the director of the department of behavioral healthcare, developmental disabilities and hospitals; a…

(a) A parental successor may be designated by an acknowledged document in a form to be prescribed by the department of behavioral healthcare, developmental disabilities and hospitals; by the last will and testament of the person or persons having the right to make the nomination;…

In the event the appointment is by court order or will, a copy of the court order, or of the will together with a copy of the order admitting the will to probate, certified by the clerk of the appropriate court, shall be furnished by an interested party to the director of the dep…

The written consent of the person or organization intended to serve as the parental successor and of each named successor, thereto, if any, shall accompany the petition for court appointment. The consent or consents shall be forwarded to the director of the department of behavior…

(a) The parental successor, during the period he or she is actually serving, shall have the right to exercise an active and continuing interest in and to be informed concerning the health, education, recreation, and general welfare of the person for whom he or she is named parent…

(a) During the time that a person is acting as a parental successor, he or she shall keep the director of the department of behavioral healthcare, developmental disabilities and hospitals, or his or her representative, informed of his or her whereabouts so that he or she can be c…

(a) Any designation or appointment of a parental successor is subject to revocation at any time, in the first instance by the person who made the decision, and in the case of appointment by will or formal appointment, by the court in which the will was probated or the formal appo…

A parental successor shall have no financial responsibility to the state for the person for whom he or she is named, and he or she shall have no obligatory duties or responsibilities except as specifically set forth in this chapter.

As used in this chapter: (1) “Adult foster home” means a private family living arrangement that, through financial support from the parent deinstitutionalization subsidy aid program, provides housing and supervision to two (2) or more persons with mental illness, addiction/substa…

Any facility that is in operation at the time of promulgation of any applicable rules or regulations or minimum standards under this chapter shall be given a reasonable time, not to exceed one year from the date of promulgation of any applicable rules or regulations or minimum st…

The department shall make or cause to be made such inspections and investigations that it deems necessary. Deemed status shall not prohibit the department from conducting any inspection and/or investigation it deems necessary. The department may prescribe by regulations that any …

Information received by the department through filed reports, inspection, or as otherwise authorized under this chapter, shall not be disclosed publicly in such manner as to identify individuals or facilities and programs, except in a proceeding involving the question of licensur…

The department shall prepare and publish an annual report of its activities and operations under this chapter.

Any person establishing, conducting, managing, or operating any facility, as defined in this chapter, without a license pursuant to this chapter shall be guilty of a misdemeanor, and, upon conviction, shall be fined not more than one thousand dollars ($1,000) or imprisoned not mo…

Notwithstanding the existence or pursuit of any other remedy, the department may, in the manner provided by law upon the advice of the attorney general who shall represent the department in the proceedings, maintain an action in the name of the state for injunction or other proce…

The provisions of this chapter shall not be construed to apply to substance abuse facilities, infant’s boarding homes, day nurseries, or homes for aged or convalescent persons (chapters 17 and 17.4 of title 23 and chapter 13 of title 40 [repealed]).

The director of the department of behavioral healthcare, developmental disabilities and hospitals shall have power to enforce the provisions of this chapter in any and all applications of this chapter that involve the regulation and licensing of facilities, programs, persons, com…

If any provision of this chapter or the application thereof to any person or circumstance shall be held invalid, the invalidity shall not affect the provisions or application of this chapter that can be given effect without the invalid provision or application, and to this end th…

(a) All community residences that provide care for people who are mentally ill, or alcohol and/or drug abusers, that are funded in whole or in part by state funds, shall establish an aftercare program. The program shall require the following: (1) A minimum of two (2) follow-up co…

(a) The purpose of this chapter is to provide for the development, establishment, and enforcement of standards: (1) For facilities and programs providing rehabilitation, psychological support, and social guidance to individuals who are alcoholic, drug abusers, mentally ill, or wh…

Every physician or healthcare provider attending any person for any service offered at a facility for intravenous drug users shall offer testing for human immunodeficiency virus (HIV). All testing pursuant to this section shall be performed in accordance with the provisions of ch…

Individuals employed as residential instructors in privately and publicly operated residential programs for persons who are developmentally disabled, licensed pursuant to the provisions of this chapter, shall successfully pass a qualifying competency evaluation or complete a trai…

No person or governmental unit, acting severally or jointly with any other person or governmental unit, shall establish, conduct, or maintain a facility or program as defined in this chapter in this state without a license under this chapter.

An application for a license shall be made to the department upon forms provided by it and shall contain such information as the department reasonably requires, which may include affirmative evidence of ability to comply with such reasonable standards, rules, and regulations as a…

Upon receipt of an application for license, the department shall issue a license if the applicant meets the requirements established under this chapter. If all the requirements under this chapter are not met, the department may issue a provisional license for a period not to exce…

A license, other than a provisional license, unless sooner suspended or revoked, shall remain in full force and effect until renewed by approval of the department in accordance with procedures for renewal set forth in rules and regulations to be adopted by the department pursuant…

(a) Deemed status shall not prohibit the department from taking any licensing action it deems necessary. (b) The department, after notice and opportunity for a hearing to the applicant or licensee, is authorized to deny, suspend, or revoke a license in any case in which it finds …

Any applicant or licensee or the state acting through the attorney general, aggrieved by the decision of the department after a hearing may, within thirty (30) days after the mailing or serving of notice of the determination, as provided in § 40.1-24-7, file a notice of appeal in…

The department shall adopt, amend, promulgate, and enforce such rules, regulations, and standards with respect to all facilities and programs licensed under this chapter as may be designed to further the accomplishment of the purposes of this chapter in promoting safe and adequat…

Any facility rendering care or treatment to a mentally ill individual as defined in § 40.1-25-2 shall permit the protection and advocacy system established by 42 U.S.C. § 10801 et seq., and its designees as certified by that agency, whose purposes include rendering assistance wit…

(a) “Facility rendering care or treatment” means and includes, but is not limited to, public and private hospitals, community residences as defined by § 40.1-24.5-1, shelter-care facilities, board-and-care facilities, group homes, nursing homes, and other congregate living facili…

Any facility that violates the requirements of this chapter shall be guilty of a misdemeanor for the violation, punishable by a fine of up to five hundred dollars ($500) and/or six (6) months in jail.

This chapter shall be known as the “Rights for Persons with Developmental Disabilities.”

The director of the department of behavioral healthcare, developmental disabilities and hospitals shall establish, within the division of developmental disabilities, an office of quality assurance for persons with developmental disabilities. The purpose of the office shall be to:…

The department shall promulgate rules and regulations to carry out the intent of this chapter.