Administrative Code

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Virginia Administrative Code
Title 12. Health
Agency 35. Department of Behavioral Health and Developmental Services
Chapter 210. Regulations to Govern Temporary Leave from State Facilities
10/19/2020

12VAC35-210-80. Illness or Injury Occurring During a Day, Home, or Trial Visit.

A. When a facility is notified that an individual is injured or ill and requires medical attention while on a day pass, trial visit, or home visit, the facility director or designee shall notify the (i) facility medical director, (ii) treatment team leader, (iii) risk manager, (iv) human rights advocate, and (v) the CSB. The facility director shall also ensure that all events are reported in accordance with department and facility policy and protocol for risk management and any applicable law or regulation.

B. The facility director or designee may assist the CSB or the responsible person to identify an appropriate setting for the evaluation and treatment of the individual. The facility medical director may also consult with the physician and any other medical personnel who are evaluating or treating the individual. However, the individual shall not return to the facility until he is medically stabilized.

C. Individuals who have been admitted to a state hospital on a voluntary basis and require acute hospital admission for illness or injury while on temporary leave from the state hospital may voluntarily return to the state hospital following discharge from an acute care hospital if they continue to meet the admission criteria.

D. If an individual has been legally committed to a state hospital and his length of stay in an acute care hospital exceeds the period of commitment to the state hospital, the hospital shall:

1. Discharge the individual in collaboration with the CSB; and

2. Notify the individual or the individual's AR in writing of the discharge.

E. If the facility is notified that an individual has died while on temporary leave, the facility director or designee shall:

1. Notify the appropriate facility and other department staff, including the medical director, risk manager, treatment team leader, and human rights advocate;

2. Notify the appropriate CSB and AR;

3. File the appropriate documentation of the death in accordance with department policies and procedures; and

4. Notify the state medical examiner in writing of the death in accordance with § 32.1-283 of the Code of Virginia.

Statutory Authority

§ 37.2-203 of the Code of Virginia.

Historical Notes

Derived from Volume 23, Issue 21, eff. July 25, 2007; amended, Virginia Register Volume 35, Issue 10, eff. February 21, 2019.

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