{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-138.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-138.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-138.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-138.html"}],"law_id":60672,"edition_id":1,"section_id":60672,"structure_id":15161,"section_number":"32.1-138","catch_line":"Enumeration; posting of policies; staff training; responsibilities devolving on guardians, etc.; exceptions; certification of compliance","history":"Code 1950, \u00a7 32-296.1; 1976, c. 349; 1979, c. 711; 1987, c. 221; 1997, c. 801; 1999, c. 783; 2000, c. 177; 2004, c. 855; 2006, c. 396; 2007, cc. 120, 163; 2010, c. 57; 2023, c. 183.","full_text":"A\n\nThe governing body of a nursing home facility required to be licensed under the provisions of Article 1 (\u00a7 32.1-123 et seq.) of this chapter, through the administrator of such facility, shall cause to be promulgated policies and procedures to ensure that, at the minimum, each patient admitted to such facility:1\n\nIs fully informed, as evidenced by the patient’s written acknowledgment, prior to or at the time of admission and during his stay, of his rights and of all rules and regulations governing patient conduct and responsibilities;2\n\nIs fully informed, as evidenced by the patient’s written acknowledgment, prior to or at the time of admission and during his stay, of services available in the facility, the terms of such services, and related charges, including any charges for services not covered under Titles XVIII or XIX of the United States Social Security Act or not covered by the facility’s basic per diem rate;3\n\nIs fully informed in summary form of the findings concerning the facility in federal Centers for Medicare & Medicaid Services surveys and investigations, if any;4\n\nIs fully informed by a physician, a physician assistant, or an advanced practice registered nurse of his medical condition unless medically contraindicated as documented by a physician, a physician assistant, or an advanced practice registered nurse in his medical record and is afforded the opportunity to participate in the planning of his medical treatment and to refuse to participate in experimental research;5\n\nIs transferred or discharged only for medical reasons, or for his welfare or that of other patients, or for nonpayment for his stay except as prohibited by Titles XVIII or XIX of the United States Social Security Act, and is given reasonable advance notice as provided in § 32.1-138.1 to ensure orderly transfer or discharge, and such actions are documented in his medical record;6\n\nIs encouraged and assisted, throughout the period of his stay, to exercise his rights as a patient and as a citizen and to this end may voice grievances and recommend changes in policies and services to facility staff and to outside representatives of his choice, free from restraint, interference, coercion, discrimination, or reprisal;7\n\nMay manage his personal financial affairs, or may have access to records of financial transactions made on his behalf at least once a month and is given at least a quarterly accounting of financial transactions made on his behalf should the facility accept his written delegation of this responsibility to the facility for any period of time in conformance with state law;8\n\nIs free from mental and physical abuse and free from chemical and, except in emergencies, physical restraints except as authorized in writing by a physician for a specified and limited period of time or when necessary to protect the patient from injury to himself or to others;9\n\nIs assured confidential treatment of his personal and medical records and may approve or refuse their release to any individual outside the facility, except in case of his transfer to another health care institution or as required by law or third-party payment contract;10\n\nIs treated with consideration, respect, and full recognition of his dignity and individuality, including privacy in treatment and in care for his personal needs;11\n\nIs not required to perform services for the facility that are not included for therapeutic purposes in his plan of care;12\n\nMay associate and communicate privately with persons of his choice and send and receive his personal mail unopened, unless medically contraindicated as documented by his physician in his medical record;13\n\nMay meet with and participate in activities of social, religious and community groups at his discretion, unless medically contraindicated as documented by his physician, physician assistant, or advanced practice registered nurse in his medical record;14\n\nMay retain and use his personal clothing and possessions as space permits unless to do so would infringe upon rights of other patients and unless medically contraindicated as documented by his physician, physician assistant, or advanced practice registered nurse in his medical record;15\n\nIf married, is assured privacy for visits by his or her spouse and if both are inpatients in the facility, is permitted to share a room with such spouse unless medically contraindicated as documented by the attending physician, physician assistant, or advanced practice registered nurse in the medical record; and16\n\nIs fully informed, as evidenced by the written acknowledgment of the resident or his legal representative, prior to or at the time of admission and during his stay, that he should exercise whatever due diligence he deems necessary with respect to information on any sexual offenders registered pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1, including how to obtain such information. Upon request, the nursing home facility shall assist the resident, prospective resident, or the legal representative of the resident or prospective resident in accessing this information and provide the resident, prospective resident, or the legal representative of the resident or prospective resident with printed copies of the requested information.B\n\nAll established policies and procedures regarding the rights and responsibilities of patients shall be printed in at least 12-point type and posted conspicuously in a public place in all nursing home facilities required to be licensed under the provisions of Article 1 (§ 32.1-123 et seq.) of this chapter. These policies and procedures shall include the name and telephone number of the complaint coordinator in the Division of Licensure and Certification of the Virginia Department of Health, the Adult Protective Services’ toll-free telephone number, as well as the toll-free telephone number for the Virginia Long-Term Care Ombudsman Program and any substate ombudsman program serving the area. Copies of such policies and procedures shall be given to patients upon admittance to the facility and made available to patients currently in residence, to any guardians, responsible party as defined in regulation, next of kin, or sponsoring agency or agencies, and to the public.C\n\nThe provisions of this section shall not be construed to restrict any right that any patient in residence has under law.D\n\nEach facility shall provide appropriate staff training to implement each patient’s rights included in subsection A hereof.E\n\nAll rights and responsibilities specified in subsection A hereof and § 32.1-138.1 as they pertain to (i) a patient adjudicated incapacitated in accordance with state law, (ii) a patient who is found, by his physician, to be medically incapable of understanding these rights, or (iii) a patient who is unable to communicate with others shall devolve to such patient’s guardian, responsible party as defined in regulation, next of kin, sponsoring agency or agencies, or representative payee, except when the facility itself is representative payee, selected pursuant to section 205(j) of Title II of the United States Social Security Act. The persons to whom such rights and responsibilities have devolved shall be deemed to have legal authority to act on the patient’s behalf with respect to the matters specified in this section.F\n\nNothing in this section shall be construed to prescribe, regulate, or control the remedial care and treatment or nursing service provided to any patient in a nursing institution to which the provisions of § 32.1-128 are applicable.G\n\nIt shall be the responsibility of the Commissioner to insure that the provisions of this section and the provisions of § 32.1-138.1 are observed and implemented by nursing home facilities. Each nursing home facility to which this section and § 32.1-138.1 are applicable shall certify to the Commissioner that it is in compliance with the provisions of this section and the provisions of § 32.1-138.1 as a condition to the issuance or renewal of the license required by Article 1 (§ 32.1-123 et seq.) of this chapter.","order_by":null,"text":{"0":{"id":221725,"text":"The governing body of a nursing home facility required to be licensed under the provisions of Article 1 (\u00a7 32.1-123 et seq.) of this chapter, through the administrator of such facility, shall cause to be promulgated policies and procedures to ensure that, at the minimum, each patient admitted to such facility:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":221726,"text":"Is fully informed, as evidenced by the patient’s written acknowledgment, prior to or at the time of admission and during his stay, of his rights and of all rules and regulations governing patient conduct and responsibilities;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":221727,"text":"Is fully informed, as evidenced by the patient’s written acknowledgment, prior to or at the time of admission and during his stay, of services available in the facility, the terms of such services, and related charges, including any charges for services not covered under Titles XVIII or XIX of the United States Social Security Act or not covered by the facility’s basic per diem rate;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":221728,"text":"Is fully informed in summary form of the findings concerning the facility in federal Centers for Medicare & Medicaid Services surveys and investigations, if any;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":221729,"text":"Is fully informed by a physician, a physician assistant, or an advanced practice registered nurse of his medical condition unless medically contraindicated as documented by a physician, a physician assistant, or an advanced practice registered nurse in his medical record and is afforded the opportunity to participate in the planning of his medical treatment and to refuse to participate in experimental research;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":221730,"text":"Is transferred or discharged only for medical reasons, or for his welfare or that of other patients, or for nonpayment for his stay except as prohibited by Titles XVIII or XIX of the United States Social Security Act, and is given reasonable advance notice as provided in § 32.1-138.1 to ensure orderly transfer or discharge, and such actions are documented in his medical record;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":221731,"text":"Is encouraged and assisted, throughout the period of his stay, to exercise his rights as a patient and as a citizen and to this end may voice grievances and recommend changes in policies and services to facility staff and to outside representatives of his choice, free from restraint, interference, coercion, discrimination, or reprisal;","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":221732,"text":"May manage his personal financial affairs, or may have access to records of financial transactions made on his behalf at least once a month and is given at least a quarterly accounting of financial transactions made on his behalf should the facility accept his written delegation of this responsibility to the facility for any period of time in conformance with state law;","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":221733,"text":"Is free from mental and physical abuse and free from chemical and, except in emergencies, physical restraints except as authorized in writing by a physician for a specified and limited period of time or when necessary to protect the patient from injury to himself or to others;","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":221734,"text":"Is assured confidential treatment of his personal and medical records and may approve or refuse their release to any individual outside the facility, except in case of his transfer to another health care institution or as required by law or third-party payment contract;","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"A10"},"10":{"id":221735,"text":"Is treated with consideration, respect, and full recognition of his dignity and individuality, including privacy in treatment and in care for his personal needs;","type":"section","prefixes":["A","10"],"prefix":"10","entire_prefix":"A10","prefix_anchor":"A10","level":2,"prior_prefix":"A9","next_prefix":"A11"},"11":{"id":221736,"text":"Is not required to perform services for the facility that are not included for therapeutic purposes in his plan of care;","type":"section","prefixes":["A","11"],"prefix":"11","entire_prefix":"A11","prefix_anchor":"A11","level":2,"prior_prefix":"A10","next_prefix":"A12"},"12":{"id":221737,"text":"May associate and communicate privately with persons of his choice and send and receive his personal mail unopened, unless medically contraindicated as documented by his physician in his medical record;","type":"section","prefixes":["A","12"],"prefix":"12","entire_prefix":"A12","prefix_anchor":"A12","level":2,"prior_prefix":"A11","next_prefix":"A13"},"13":{"id":221738,"text":"May meet with and participate in activities of social, religious and community groups at his discretion, unless medically contraindicated as documented by his physician, physician assistant, or advanced practice registered nurse in his medical record;","type":"section","prefixes":["A","13"],"prefix":"13","entire_prefix":"A13","prefix_anchor":"A13","level":2,"prior_prefix":"A12","next_prefix":"A14"},"14":{"id":221739,"text":"May retain and use his personal clothing and possessions as space permits unless to do so would infringe upon rights of other patients and unless medically contraindicated as documented by his physician, physician assistant, or advanced practice registered nurse in his medical record;","type":"section","prefixes":["A","14"],"prefix":"14","entire_prefix":"A14","prefix_anchor":"A14","level":2,"prior_prefix":"A13","next_prefix":"A15"},"15":{"id":221740,"text":"If married, is assured privacy for visits by his or her spouse and if both are inpatients in the facility, is permitted to share a room with such spouse unless medically contraindicated as documented by the attending physician, physician assistant, or advanced practice registered nurse in the medical record; and","type":"section","prefixes":["A","15"],"prefix":"15","entire_prefix":"A15","prefix_anchor":"A15","level":2,"prior_prefix":"A14","next_prefix":"A16"},"16":{"id":221741,"text":"Is fully informed, as evidenced by the written acknowledgment of the resident or his legal representative, prior to or at the time of admission and during his stay, that he should exercise whatever due diligence he deems necessary with respect to information on any sexual offenders registered pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1, including how to obtain such information. Upon request, the nursing home facility shall assist the resident, prospective resident, or the legal representative of the resident or prospective resident in accessing this information and provide the resident, prospective resident, or the legal representative of the resident or prospective resident with printed copies of the requested information.","type":"section","prefixes":["A","16"],"prefix":"16","entire_prefix":"A16","prefix_anchor":"A16","level":2,"prior_prefix":"A15","next_prefix":"B"},"17":{"id":221742,"text":"All established policies and procedures regarding the rights and responsibilities of patients shall be printed in at least 12-point type and posted conspicuously in a public place in all nursing home facilities required to be licensed under the provisions of Article 1 (§ 32.1-123 et seq.) of this chapter. These policies and procedures shall include the name and telephone number of the complaint coordinator in the Division of Licensure and Certification of the Virginia Department of Health, the Adult Protective Services’ toll-free telephone number, as well as the toll-free telephone number for the Virginia Long-Term Care Ombudsman Program and any substate ombudsman program serving the area. Copies of such policies and procedures shall be given to patients upon admittance to the facility and made available to patients currently in residence, to any guardians, responsible party as defined in regulation, next of kin, or sponsoring agency or agencies, and to the public.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A16","next_prefix":"C"},"18":{"id":221743,"text":"The provisions of this section shall not be construed to restrict any right that any patient in residence has under law.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"19":{"id":221744,"text":"Each facility shall provide appropriate staff training to implement each patient’s rights included in subsection A hereof.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"20":{"id":221745,"text":"All rights and responsibilities specified in subsection A hereof and § 32.1-138.1 as they pertain to (i) a patient adjudicated incapacitated in accordance with state law, (ii) a patient who is found, by his physician, to be medically incapable of understanding these rights, or (iii) a patient who is unable to communicate with others shall devolve to such patient’s guardian, responsible party as defined in regulation, next of kin, sponsoring agency or agencies, or representative payee, except when the facility itself is representative payee, selected pursuant to section 205(j) of Title II of the United States Social Security Act. The persons to whom such rights and responsibilities have devolved shall be deemed to have legal authority to act on the patient’s behalf with respect to the matters specified in this section.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"21":{"id":221746,"text":"Nothing in this section shall be construed to prescribe, regulate, or control the remedial care and treatment or nursing service provided to any patient in a nursing institution to which the provisions of § 32.1-128 are applicable.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"22":{"id":221747,"text":"It shall be the responsibility of the Commissioner to insure that the provisions of this section and the provisions of § 32.1-138.1 are observed and implemented by nursing home facilities. Each nursing home facility to which this section and § 32.1-138.1 are applicable shall certify to the Commissioner that it is in compliance with the provisions of this section and the provisions of § 32.1-138.1 as a condition to the issuance or renewal of the license required by Article 1 (§ 32.1-123 et seq.) of this chapter.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":15161,"edition_id":1,"name":"Rights and Responsibilities of Patients in Nursing Homes","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":12728,"metadata":{},"date_created":"2026-06-26 03:52:37","date_modified":"2026-06-26 03:52:37","permalink":{"id":203167,"object_type":"structure","relational_id":15161,"identifier":"2","token":"32.1\/5\/2","url":"\/32.1\/5\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12728,"edition_id":1,"name":"Regulation of Medical Care Facilities and Services","identifier":"5","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":202855,"object_type":"structure","relational_id":12728,"identifier":"5","token":"32.1\/5","url":"\/32.1\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60672,"structure_id":15161,"section_number":"32.1-138","catch_line":"Enumeration; posting of policies; staff training; responsibilities devolving on guardians, etc.; exceptions; certification of compliance","url":"\/32.1-138\/","token":"32.1\/5\/2\/32.1-138","metadata":false},{"id":69971,"structure_id":15161,"section_number":"32.1-138.1","catch_line":"Implementation of transfer and discharge policies","url":"\/32.1-138.1\/","token":"32.1\/5\/2\/32.1-138.1","metadata":false},{"id":77743,"structure_id":15161,"section_number":"32.1-138.2","catch_line":"Certain contract provisions prohibited","url":"\/32.1-138.2\/","token":"32.1\/5\/2\/32.1-138.2","metadata":false},{"id":57748,"structure_id":15161,"section_number":"32.1-138.3","catch_line":"Third party guarantor prohibition","url":"\/32.1-138.3\/","token":"32.1\/5\/2\/32.1-138.3","metadata":false},{"id":64052,"structure_id":15161,"section_number":"32.1-138.4","catch_line":"Retaliation or discrimination against complainants","url":"\/32.1-138.4\/","token":"32.1\/5\/2\/32.1-138.4","metadata":false},{"id":79290,"structure_id":15161,"section_number":"32.1-138.5","catch_line":"Confidentiality of complainant's identity","url":"\/32.1-138.5\/","token":"32.1\/5\/2\/32.1-138.5","metadata":false},{"id":77541,"structure_id":15161,"section_number":"32.1-138.5:1","catch_line":"(Effective pursuant to Acts 2025, c. 432, cl. 2) Electronic monitoring in resident rooms","url":"\/32.1-138.5_1\/","token":"32.1\/5\/2\/32.1-138.5_1","metadata":false}],"next_section":{"id":69971,"structure_id":15161,"section_number":"32.1-138.1","catch_line":"Implementation of transfer and discharge policies","url":"\/32.1-138.1\/","token":"32.1\/5\/2\/32.1-138.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-138\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 11 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1976, chapter 349; in 1979, chapter 711; in 1987, chapter 221; in 1997, chapter 801<\/a>; in 1999, chapter 783<\/a>; in 2000, chapter 177<\/a>; in 2004, chapter 855<\/a>; in 2006, chapter 396<\/a>; in 2007, chapters 120<\/a> and 163<\/a>; in 2010, chapter 57<\/a>; in 2023, chapter 183<\/a>.<\/p>","references":[{"id":85883,"section_number":"32.1-127","catch_line":"(Effective January 1, 2026) Regulations","order_by":null,"url":"\/32.1-127\/"},{"id":75670,"section_number":"32.1-135","catch_line":"Revocation or suspension of license or certification of hospital or certified nursing facility; restriction or prohibition of new admissions to certified nursing facility","order_by":null,"url":"\/32.1-135\/"},{"id":69971,"section_number":"32.1-138.1","catch_line":"Implementation of transfer and discharge policies","order_by":null,"url":"\/32.1-138.1\/"}],"refers_to":[{"id":80727,"section_number":"32.1-123","catch_line":"(Effective January 1, 2026) Definitions","order_by":null,"url":"\/32.1-123\/"},{"id":59266,"section_number":"32.1-128","catch_line":"Applicability to hospitals and nursing homes for practice of religious tenets","order_by":null,"url":"\/32.1-128\/"},{"id":69971,"section_number":"32.1-138.1","catch_line":"Implementation of transfer and discharge policies","order_by":null,"url":"\/32.1-138.1\/"},{"id":69731,"section_number":"9.1-900","catch_line":"Purpose of the Sex Offender and Crimes Against Minors Registry","order_by":null,"url":"\/9.1-900\/"}],"permalink":{"id":203169,"object_type":"law","relational_id":60672,"identifier":"32.1-138","token":"32.1\/5\/2\/32.1-138","url":"\/32.1-138\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-138\/","token":"32.1\/5\/2\/32.1-138","dublin_core":{"Title":"Enumeration; posting of policies; staff training; responsibilities devolving on guardians, etc.; exceptions; certification of compliance","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-138","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The governing body of a nursing home facility required to be licensed under the provisions of Article 1 (\u00a7 32.1-123<\/a> et seq.) of this chapter, through the administrator of such facility, shall cause to be promulgated policies and procedures to ensure that, at the minimum, each patient admitted to such facility: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Is fully informed, as evidenced by the patient’s written acknowledgment, prior to or at the time of admission and during his stay<\/span>, of his rights and of all rules and regulations governing patient conduct and responsibilities; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Is fully informed, as evidenced by the patient’s written acknowledgment, prior to or at the time of admission and during his stay<\/span>, of services available in the facility, the terms of such services, and related charges, including any charges for services not covered under Titles XVIII or XIX of the United States Social Security Act or not covered by the facility’s basic per diem rate; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Is fully informed in summary form of the findings<\/span> concerning the facility in federal Centers for Medicare & Medicaid Services surveys and investigations, if any; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Is fully informed by a physician, a physician assistant, or an advanced practice registered nurse of his medical condition unless medically contraindicated as documented by a physician, a physician assistant, or an advanced practice registered nurse in his medical record and is afforded the opportunity to participate in the planning of his medical treatment and to refuse to participate in experimental research; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Is transferred or discharged only for medical reasons, or for his welfare or that of other patients, or for nonpayment for his stay<\/span> except as prohibited by Titles XVIII or XIX of the United States Social Security Act, and is given reasonable advance notice as provided in § 32.1-138.1<\/a> to ensure orderly transfer or discharge, and such actions are documented in his medical record; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Is encouraged and assisted, throughout the period of his stay<\/span>, to exercise his rights as a patient and as a citizen and to this end may voice grievances and recommend changes in policies and services to facility staff and to outside representatives of his choice, free from restraint, interference, coercion, discrimination, or reprisal; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> May manage his personal financial affairs, or may have access to records of financial transactions made on his behalf at least once a month and is given at least a quarterly accounting of financial transactions made on his behalf should the facility accept his written delegation of this responsibility to the facility for any period of time in conformance with state law<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Is free from mental and physical abuse and free from chemical and, except in emergencies, physical restraints except as authorized in writing by a physician for a specified and limited period of time or when necessary to protect the patient from injury to himself or to others; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Is assured confidential treatment of his personal and medical records and may approve or refuse their release to any individual outside the facility, except in case of his transfer to another health care institution or as required by law<\/span> or third-party<\/span> payment contract<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Is treated with consideration, respect, and full recognition of his dignity and individuality, including privacy in treatment and in care for his personal needs; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Is not required to perform services for the facility that are not included for therapeutic purposes in his plan of care; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> May associate and communicate privately with persons<\/span> of his choice and send and receive his personal mail unopened, unless medically contraindicated as documented by his physician in his medical record; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> May meet with and participate in activities of social, religious and community groups at his discretion, unless medically contraindicated as documented by his physician, physician assistant, or advanced practice registered nurse in his medical record; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> May retain and use his personal clothing and possessions<\/span> as space permits unless to do so would infringe upon rights of other patients and unless medically contraindicated as documented by his physician, physician assistant, or advanced practice registered nurse in his medical record; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

15.<\/span> If married, is assured privacy for visits by his or her spouse and if both are inpatients in the facility, is permitted to share a room with such spouse unless medically contraindicated as documented by the attending physician, physician assistant, or advanced practice registered nurse in the medical record; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

16.<\/span> Is fully informed, as evidenced by the written acknowledgment of the resident or his legal representative, prior to or at the time of admission and during his stay<\/span>, that he should exercise whatever due diligence he deems necessary with respect to information on any sexual offenders registered pursuant to Chapter 9 (§ 9.1-900<\/a> et seq.) of Title 9.1, including how to obtain such information. Upon request, the nursing home facility shall assist the resident, prospective resident, or the legal representative of the resident or prospective resident in accessing this information and provide the resident, prospective resident, or the legal representative of the resident or prospective resident with printed copies of the requested information. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> All established policies and procedures regarding the rights and responsibilities of patients shall be printed in at least 12-point type and posted conspicuously in a public place in all nursing home facilities required to be licensed under the provisions of Article 1 (§ 32.1-123<\/a> et seq.) of this chapter. These policies and procedures shall include the name and telephone number of the complaint coordinator in the Division of Licensure and Certification of the Virginia Department<\/span> of Health, the Adult Protective Services’ toll-free telephone number, as well as the toll-free telephone number for the Virginia Long-Term Care Ombudsman Program and any substate ombudsman program serving the area. Copies of such policies and procedures shall be given to patients upon admittance to the facility and made available to patients currently in residence, to any guardians, responsible party<\/span> as defined in regulation, next of kin, or sponsoring agency or agencies, and to the public. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The provisions of this section shall not be construed to restrict any right that any patient in residence has under law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Each facility shall provide appropriate staff training to implement each patient’s rights included in subsection A hereof. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> All rights and responsibilities specified in subsection A hereof and § 32.1-138.1<\/a> as they pertain to (i) a patient adjudicated incapacitated in accordance with state law<\/span>, (ii) a patient who is found, by his physician, to be medically incapable of understanding these rights, or (iii) a patient who is unable to communicate with others shall devolve to such patient’s guardian, responsible party<\/span> as defined in regulation, next of kin, sponsoring agency or agencies, or representative payee, except when the facility itself is representative payee, selected pursuant to section 205(j) of Title II of the United States Social Security Act. The persons<\/span> to whom such rights and responsibilities have devolved shall be deemed to have legal authority to act on the patient’s behalf with respect to the matters specified in this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Nothing in this section shall be construed to prescribe, regulate, or control the remedial care and treatment or nursing service provided to any patient in a nursing institution to which the provisions of § 32.1-128<\/a> are applicable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> It shall be the responsibility of the Commissioner<\/span> to insure that the provisions of this section and the provisions of § 32.1-138.1<\/a> are observed and implemented by nursing home facilities. Each nursing home facility to which this section and § 32.1-138.1<\/a> are applicable shall certify to the Commissioner<\/span> that it is in compliance with the provisions of this section and the provisions of § 32.1-138.1<\/a> as a condition to the issuance or renewal of the license required by Article 1 (§ 32.1-123<\/a> et seq.) of this chapter. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nENUMERATION; POSTING OF POLICIES; STAFF TRAINING; RESPONSIBILITIES DEVOLVING ON\nGUARDIANS, ETC.; EXCEPTIONS; CERTIFICATION OF COMPLIANCE (\u00a7 32.1-138)\n\nA. The governing body of a nursing home facility required to be licensed under\nthe provisions of Article 1 (\u00a7 32.1-123 et seq.) of this chapter, through the\nadministrator of such facility, shall cause to be promulgated policies and\nprocedures to ensure that, at the minimum, each patient admitted to such\nfacility:\n\n 1. Is fully informed, as evidenced by the patient’s written\n acknowledgment, prior to or at the time of admission and during his stay, of\n his rights and of all rules and regulations governing patient conduct and\n responsibilities;\n\n 2. Is fully informed, as evidenced by the patient’s written\n acknowledgment, prior to or at the time of admission and during his stay, of\n services available in the facility, the terms of such services, and related\n charges, including any charges for services not covered under Titles XVIII or\n XIX of the United States Social Security Act or not covered by the\n facility’s basic per diem rate;\n\n 3. Is fully informed in summary form of the findings concerning the facility\n in federal Centers for Medicare & Medicaid Services surveys and\n investigations, if any;\n\n 4. Is fully informed by a physician, a physician assistant, or an advanced\n practice registered nurse of his medical condition unless medically\n contraindicated as documented by a physician, a physician assistant, or an\n advanced practice registered nurse in his medical record and is afforded the\n opportunity to participate in the planning of his medical treatment and to\n refuse to participate in experimental research;\n\n 5. Is transferred or discharged only for medical reasons, or for his welfare\n or that of other patients, or for nonpayment for his stay except as prohibited\n by Titles XVIII or XIX of the United States Social Security Act, and is given\n reasonable advance notice as provided in § 32.1-138.1 to ensure orderly\n transfer or discharge, and such actions are documented in his medical record;\n\n 6. Is encouraged and assisted, throughout the period of his stay, to exercise\n his rights as a patient and as a citizen and to this end may voice grievances\n and recommend changes in policies and services to facility staff and to\n outside representatives of his choice, free from restraint, interference,\n coercion, discrimination, or reprisal;\n\n 7. May manage his personal financial affairs, or may have access to records of\n financial transactions made on his behalf at least once a month and is given\n at least a quarterly accounting of financial transactions made on his behalf\n should the facility accept his written delegation of this responsibility to\n the facility for any period of time in conformance with state law;\n\n 8. Is free from mental and physical abuse and free from chemical and, except\n in emergencies, physical restraints except as authorized in writing by a\n physician for a specified and limited period of time or when necessary to\n protect the patient from injury to himself or to others;\n\n 9. Is assured confidential treatment of his personal and medical records and\n may approve or refuse their release to any individual outside the facility,\n except in case of his transfer to another health care institution or as\n required by law or third-party payment contract;\n\n 10. Is treated with consideration, respect, and full recognition of his\n dignity and individuality, including privacy in treatment and in care for his\n personal needs;\n\n 11. Is not required to perform services for the facility that are not included\n for therapeutic purposes in his plan of care;\n\n 12. May associate and communicate privately with persons of his choice and\n send and receive his personal mail unopened, unless medically contraindicated\n as documented by his physician in his medical record;\n\n 13. May meet with and participate in activities of social, religious and\n community groups at his discretion, unless medically contraindicated as\n documented by his physician, physician assistant, or advanced practice\n registered nurse in his medical record;\n\n 14. May retain and use his personal clothing and possessions as space permits\n unless to do so would infringe upon rights of other patients and unless\n medically contraindicated as documented by his physician, physician assistant,\n or advanced practice registered nurse in his medical record;\n\n 15. If married, is assured privacy for visits by his or her spouse and if both\n are inpatients in the facility, is permitted to share a room with such spouse\n unless medically contraindicated as documented by the attending physician,\n physician assistant, or advanced practice registered nurse in the medical\n record; and\n\n 16. Is fully informed, as evidenced by the written acknowledgment of the\n resident or his legal representative, prior to or at the time of admission and\n during his stay, that he should exercise whatever due diligence he deems\n necessary with respect to information on any sexual offenders registered\n pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1, including how to\n obtain such information. Upon request, the nursing home facility shall assist\n the resident, prospective resident, or the legal representative of the\n resident or prospective resident in accessing this information and provide the\n resident, prospective resident, or the legal representative of the resident or\n prospective resident with printed copies of the requested information.\n\nB. All established policies and procedures regarding the rights and\nresponsibilities of patients shall be printed in at least 12-point type and\nposted conspicuously in a public place in all nursing home facilities required\nto be licensed under the provisions of Article 1 (§ 32.1-123 et seq.) of\nthis chapter. These policies and procedures shall include the name and telephone\nnumber of the complaint coordinator in the Division of Licensure and\nCertification of the Virginia Department of Health, the Adult Protective\nServices’ toll-free telephone number, as well as the toll-free telephone\nnumber for the Virginia Long-Term Care Ombudsman Program and any substate\nombudsman program serving the area. Copies of such policies and procedures shall\nbe given to patients upon admittance to the facility and made available to\npatients currently in residence, to any guardians, responsible party as defined\nin regulation, next of kin, or sponsoring agency or agencies, and to the public.\n\nC. The provisions of this section shall not be construed to restrict any right\nthat any patient in residence has under law.\n\nD. Each facility shall provide appropriate staff training to implement each\npatient’s rights included in subsection A hereof.\n\nE. All rights and responsibilities specified in subsection A hereof and §\n32.1-138.1 as they pertain to (i) a patient adjudicated incapacitated in\naccordance with state law, (ii) a patient who is found, by his physician, to be\nmedically incapable of understanding these rights, or (iii) a patient who is\nunable to communicate with others shall devolve to such patient’s\nguardian, responsible party as defined in regulation, next of kin, sponsoring\nagency or agencies, or representative payee, except when the facility itself is\nrepresentative payee, selected pursuant to section 205(j) of Title II of the\nUnited States Social Security Act. The persons to whom such rights and\nresponsibilities have devolved shall be deemed to have legal authority to act on\nthe patient’s behalf with respect to the matters specified in this\nsection.\n\nF. Nothing in this section shall be construed to prescribe, regulate, or control\nthe remedial care and treatment or nursing service provided to any patient in a\nnursing institution to which the provisions of § 32.1-128 are applicable.\n\nG. It shall be the responsibility of the Commissioner to insure that the\nprovisions of this section and the provisions of § 32.1-138.1 are observed\nand implemented by nursing home facilities. Each nursing home facility to which\nthis section and § 32.1-138.1 are applicable shall certify to the\nCommissioner that it is in compliance with the provisions of this section and\nthe provisions of § 32.1-138.1 as a condition to the issuance or renewal of\nthe license required by Article 1 (§ 32.1-123 et seq.) of this chapter.\n\nHISTORY: Code 1950, \u00a7 32-296.1; 1976, c. 349; 1979, c. 711; 1987, c. 221; 1997,\nc. 801; 1999, c. 783; 2000, c. 177; 2004, c. 855; 2006, c. 396; 2007, cc. 120,\n163; 2010, c. 57; 2023, c. 183.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}