{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-400.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-400.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-400.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-400.html"}],"law_id":58222,"edition_id":1,"section_id":58222,"structure_id":15188,"section_number":"37.2-400","catch_line":"Rights of individuals receiving services","history":"1974, c. 335, \u00a7 37.1-84.1; 1976, c. 671; 1989, cc. 459, 591; 1992, c. 603; 1999, c. 969; 2005, c. 716; 2009, cc. 111, 517; 2012, cc. 476, 507.","full_text":"A\n\nEach individual receiving services in a hospital, training center, other facility, or program operated, funded, or licensed by the Department, excluding those operated by the Department of Corrections, shall be assured his legal rights and care consistent with basic human dignity insofar as it is within the reasonable capabilities and limitations of the Department, funded program, or licensee and is consistent with sound therapeutic treatment. Each individual admitted to a hospital, training center, other facility, or program operated, funded, or licensed by the Department shall:1\n\nRetain his legal rights as provided by state and federal law;2\n\nReceive prompt evaluation and treatment or training about which he is informed insofar as he is capable of understanding;3\n\nBe treated with dignity as a human being and be free from abuse or neglect;4\n\nNot be the subject of experimental or investigational research without his prior written and informed consent or that of his legally authorized representative;5\n\nBe afforded an opportunity to have access to consultation with a private physician at his own expense and, in the case of hazardous treatment or irreversible surgical procedures, have, upon request, an impartial review prior to implementation, except in case of emergency procedures required for the preservation of his health;6\n\nBe treated under the least restrictive conditions consistent with his condition and not be subjected to unnecessary physical restraint and isolation;7\n\nBe allowed to send and receive sealed letter mail;8\n\nHave access to his medical and clinical treatment, training, or habilitation records and be assured of their confidentiality but, notwithstanding other provisions of law, this right shall be limited to access consistent with his condition and sound therapeutic treatment;9\n\nHave the right to an impartial review of violations of the rights assured under this section and the right of access to legal counsel;10\n\nBe afforded appropriate opportunities, consistent with the individual’s capabilities and capacity, to participate in the development and implementation of his individualized services plan; and11\n\nBe afforded the opportunity to have a person of his choice notified of his general condition, location, and transfer to another facility.\n\t\t\t\tThe Board shall adopt regulations to implement the provisions of this subsection after due notice and public hearing, as provided for in the Administrative Process Act (§ 2.2-4000 et seq.).B\n\nThe Board shall adopt regulations delineating the rights of individuals receiving services with respect to nutritionally adequate diet; safe and sanitary housing; participation in nontherapeutic labor; attendance or nonattendance at religious services; participation in treatment decision-making, including due process procedures to be followed when an individual may be unable to make an informed decision; notification of a person of his choice regarding his general condition, location, and transfer to another facility; use of telephones; suitable clothing; possession of money and valuables; and related matters.C\n\nThe human rights regulations shall be applicable to all hospitals, training centers, other facilities, and programs operated, funded, or licensed by the Department; these hospitals, training centers, other facilities, or programs may be classified as to population served, size, type of services, or other reasonable classification.D\n\nThe Board shall adopt regulations requiring public and private facilities and programs licensed or funded by the Department to provide nonprivileged information and statistical data to the Department related to (i) the results of investigations of abuse or neglect, (ii) deaths and serious injuries, (iii) instances of seclusion and restraint, including the duration, type, and rationale for use per individual receiving services, and (iv) findings by state or local human rights committees or the Office of Human Rights in the Department of human rights violations, abuse, or neglect. The Board’s regulations shall address the procedures for collecting, compiling, encrypting, and releasing the data. This information and statistical data shall be made available to the public in a format from which all information identifying a provider or an individual receiving services has been removed. The Board’s regulations shall specifically exclude all proceedings, minutes, records, and reports of any committee or nonprofit entity providing a centralized credentialing service that are identified as privileged pursuant to § 8.01-581.17.","order_by":null,"text":{"0":{"id":213344,"text":"Each individual receiving services in a hospital, training center, other facility, or program operated, funded, or licensed by the Department, excluding those operated by the Department of Corrections, shall be assured his legal rights and care consistent with basic human dignity insofar as it is within the reasonable capabilities and limitations of the Department, funded program, or licensee and is consistent with sound therapeutic treatment. Each individual admitted to a hospital, training center, other facility, or program operated, funded, or licensed by the Department shall:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":213345,"text":"Retain his legal rights as provided by state and federal law;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":213346,"text":"Receive prompt evaluation and treatment or training about which he is informed insofar as he is capable of understanding;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":213347,"text":"Be treated with dignity as a human being and be free from abuse or neglect;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":213348,"text":"Not be the subject of experimental or investigational research without his prior written and informed consent or that of his legally authorized representative;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":213349,"text":"Be afforded an opportunity to have access to consultation with a private physician at his own expense and, in the case of hazardous treatment or irreversible surgical procedures, have, upon request, an impartial review prior to implementation, except in case of emergency procedures required for the preservation of his health;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":213350,"text":"Be treated under the least restrictive conditions consistent with his condition and not be subjected to unnecessary physical restraint and isolation;","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":213351,"text":"Be allowed to send and receive sealed letter mail;","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":213352,"text":"Have access to his medical and clinical treatment, training, or habilitation records and be assured of their confidentiality but, notwithstanding other provisions of law, this right shall be limited to access consistent with his condition and sound therapeutic treatment;","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":213353,"text":"Have the right to an impartial review of violations of the rights assured under this section and the right of access to legal counsel;","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"A10"},"10":{"id":213354,"text":"Be afforded appropriate opportunities, consistent with the individual’s capabilities and capacity, to participate in the development and implementation of his individualized services plan; and","type":"section","prefixes":["A","10"],"prefix":"10","entire_prefix":"A10","prefix_anchor":"A10","level":2,"prior_prefix":"A9","next_prefix":"A11"},"11":{"id":213355,"text":"Be afforded the opportunity to have a person of his choice notified of his general condition, location, and transfer to another facility.\n\t\t\t\tThe Board shall adopt regulations to implement the provisions of this subsection after due notice and public hearing, as provided for in the Administrative Process Act (§ 2.2-4000 et seq.).","type":"section","prefixes":["A","11"],"prefix":"11","entire_prefix":"A11","prefix_anchor":"A11","level":2,"prior_prefix":"A10","next_prefix":"B"},"12":{"id":213356,"text":"The Board shall adopt regulations delineating the rights of individuals receiving services with respect to nutritionally adequate diet; safe and sanitary housing; participation in nontherapeutic labor; attendance or nonattendance at religious services; participation in treatment decision-making, including due process procedures to be followed when an individual may be unable to make an informed decision; notification of a person of his choice regarding his general condition, location, and transfer to another facility; use of telephones; suitable clothing; possession of money and valuables; and related matters.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A11","next_prefix":"C"},"13":{"id":213357,"text":"The human rights regulations shall be applicable to all hospitals, training centers, other facilities, and programs operated, funded, or licensed by the Department; these hospitals, training centers, other facilities, or programs may be classified as to population served, size, type of services, or other reasonable classification.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"14":{"id":213358,"text":"The Board shall adopt regulations requiring public and private facilities and programs licensed or funded by the Department to provide nonprivileged information and statistical data to the Department related to (i) the results of investigations of abuse or neglect, (ii) deaths and serious injuries, (iii) instances of seclusion and restraint, including the duration, type, and rationale for use per individual receiving services, and (iv) findings by state or local human rights committees or the Office of Human Rights in the Department of human rights violations, abuse, or neglect. The Board’s regulations shall address the procedures for collecting, compiling, encrypting, and releasing the data. This information and statistical data shall be made available to the public in a format from which all information identifying a provider or an individual receiving services has been removed. The Board’s regulations shall specifically exclude all proceedings, minutes, records, and reports of any committee or nonprofit entity providing a centralized credentialing service that are identified as privileged pursuant to § 8.01-581.17.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":15188,"edition_id":1,"name":"Human Rights","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13665,"metadata":{},"date_created":"2026-06-26 03:52:49","date_modified":"2026-06-26 03:52:49","permalink":{"id":209861,"object_type":"structure","relational_id":15188,"identifier":"1","token":"37.2\/I\/4\/1","url":"\/37.2\/I\/4\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13665,"edition_id":1,"name":"Protection of Consumers","identifier":"4","label":"chapter","depth":3,"order_by":1,"parent_id":12844,"metadata":{},"date_created":"2026-06-26 03:45:31","date_modified":"2026-06-26 03:45:31","permalink":{"id":209859,"object_type":"structure","relational_id":13665,"identifier":"4","token":"37.2\/I\/4","url":"\/37.2\/I\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12844,"edition_id":1,"name":"General Provisions","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12843,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209675,"object_type":"structure","relational_id":12844,"identifier":"I","token":"37.2\/I","url":"\/37.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12843,"edition_id":1,"name":"Behavioral Health and Developmental Services","identifier":"37.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209673,"object_type":"structure","relational_id":12843,"identifier":"37.2","token":"37.2","url":"\/37.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58222,"structure_id":15188,"section_number":"37.2-400","catch_line":"Rights of individuals receiving services","url":"\/37.2-400\/","token":"37.2\/I\/4\/1\/37.2-400","metadata":false},{"id":69343,"structure_id":15188,"section_number":"37.2-401","catch_line":"Authorized representative prohibition","url":"\/37.2-401\/","token":"37.2\/I\/4\/1\/37.2-401","metadata":false},{"id":57839,"structure_id":15188,"section_number":"37.2-402","catch_line":"Board to establish regulations regarding human research","url":"\/37.2-402\/","token":"37.2\/I\/4\/1\/37.2-402","metadata":false}],"next_section":{"id":69343,"structure_id":15188,"section_number":"37.2-401","catch_line":"Authorized representative prohibition","url":"\/37.2-401\/","token":"37.2\/I\/4\/1\/37.2-401","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-400\/","history_text":"

This law was first created in 1974. The record of its establishment is cataloged in chapter 335 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1974 \u201cActs\u201d aren\u2019t available online. It has been modified 7 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 671; in 1989, chapters 459 and 591; in 1992, chapter 603; in 1999, chapter 969<\/a>; in 2005, chapter 716<\/a>; in 2009, chapters 111<\/a> and 517<\/a>; in 2012, chapters 476<\/a> and 507<\/a>.<\/p>","references":[{"id":84761,"section_number":"2.2-309.1","catch_line":"Additional powers and duties; behavioral health and developmental services","order_by":null,"url":"\/2.2-309.1\/"},{"id":77912,"section_number":"2.2-3705.3","catch_line":"(Effective July 1, 2026) Exclusions to application of chapter; records relating to administrative investigations","order_by":null,"url":"\/2.2-3705.3\/"},{"id":60379,"section_number":"37.2-1101","catch_line":"Judicial authorization of treatment","order_by":null,"url":"\/37.2-1101\/"},{"id":58889,"section_number":"37.2-304","catch_line":"Duties of Commissioner","order_by":null,"url":"\/37.2-304\/"},{"id":86651,"section_number":"37.2-412","catch_line":"Human rights review","order_by":null,"url":"\/37.2-412\/"},{"id":79849,"section_number":"37.2-419","catch_line":"Human rights and licensing enforcement and sanctions; notice","order_by":null,"url":"\/37.2-419\/"},{"id":65222,"section_number":"37.2-504","catch_line":"Community services boards; local government departments; powers and duties","order_by":null,"url":"\/37.2-504\/"},{"id":61165,"section_number":"37.2-508","catch_line":"Performance contract for mental health, developmental, and substance abuse services","order_by":null,"url":"\/37.2-508\/"},{"id":83745,"section_number":"37.2-605","catch_line":"Behavioral health authorities; powers and duties","order_by":null,"url":"\/37.2-605\/"},{"id":62751,"section_number":"37.2-709.1","catch_line":"State facility reporting requirements; critical incidents involving individuals receiving services","order_by":null,"url":"\/37.2-709.1\/"},{"id":83134,"section_number":"54.1-2970","catch_line":"Medical treatment for certain persons incapable of giving informed consent","order_by":null,"url":"\/54.1-2970\/"},{"id":73438,"section_number":"54.1-2986.2","catch_line":"Health care decisions in the event of patient protest","order_by":null,"url":"\/54.1-2986.2\/"}],"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":75226,"section_number":"8.01-581.17","catch_line":"Privileged communications of certain committees and entities","order_by":null,"url":"\/8.01-581.17\/"}],"permalink":{"id":209863,"object_type":"law","relational_id":58222,"identifier":"37.2-400","token":"37.2\/I\/4\/1\/37.2-400","url":"\/37.2-400\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-400\/","token":"37.2\/I\/4\/1\/37.2-400","dublin_core":{"Title":"Rights of individuals receiving services","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-400","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Each individual receiving services<\/span> in a hospital, training center<\/span>, other facility<\/span>, or program operated, funded, or licensed by the Department<\/span>, excluding those operated by the Department<\/span> of Corrections, shall be assured his legal rights and care consistent with basic human dignity insofar as it is within the reasonable capabilities and limitations of the Department<\/span>, funded program, or licensee and is consistent with sound therapeutic treatment. Each individual admitted to a hospital, training center<\/span>, other facility<\/span>, or program operated, funded, or licensed by the Department<\/span> shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Retain his legal rights as provided by state<\/span> and federal law<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Receive prompt evaluation and treatment or training about which he is informed insofar as he is capable of understanding; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Be treated with dignity as a human being and be free from abuse<\/span> or neglect<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Not be the subject of experimental or investigational research without his prior written and informed consent or that of his legally authorized representative; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Be afforded an opportunity to have access to consultation with a private physician at his own expense and, in the case of hazardous treatment or irreversible surgical procedures, have, upon request, an impartial review prior to implementation, except in case of emergency procedures required for the preservation of his health; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Be treated under the least restrictive conditions consistent with his condition and not be subjected to unnecessary physical restraint and isolation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Be allowed to send and receive sealed<\/span> letter mail; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Have access to his medical and clinical treatment, training, or habilitation records and be assured of their confidentiality but, notwithstanding other provisions of law<\/span>, this right shall be limited to access consistent with his condition and sound therapeutic treatment; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Have the right to an impartial review of violations of the rights assured under this section and the right of access to legal counsel<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Be afforded appropriate opportunities, consistent with the individual’s capabilities and capacity, to participate in the development and implementation of his individualized services plan; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Be afforded the opportunity to have a person of his choice notified of his general condition, location, and transfer to another facility<\/span>.\n\t\t\t\tThe Board<\/span> shall adopt regulations to implement the provisions of this subsection after due notice and public hearing<\/span>, as provided for in the Administrative Process Act (§ 2.2-4000<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Board<\/span> shall adopt regulations delineating the rights of individuals<\/span> receiving services with respect to nutritionally adequate diet; safe and sanitary housing; participation in nontherapeutic labor; attendance or nonattendance at religious services; participation in treatment decision-making, including due process<\/span> procedures to be followed when an individual may be unable to make an informed decision; notification of a person of his choice regarding his general condition, location, and transfer to another facility<\/span>; use of telephones; suitable clothing; possession<\/span> of money and valuables; and related matters. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The human rights regulations shall be applicable to all hospitals, training centers<\/span>, other facilities, and programs operated, funded, or licensed by the Department<\/span>; these hospitals, training centers<\/span>, other facilities, or programs may be classified as to population served, size, type of services, or other reasonable classification. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Board<\/span> shall adopt regulations requiring public and private facilities and programs licensed or funded by the Department<\/span> to provide nonprivileged information and statistical data to the Department<\/span> related to (i) the results of investigations of abuse<\/span> or neglect<\/span>, (ii) deaths and serious injuries, (iii) instances of seclusion and restraint, including the duration, type, and rationale for use per individual receiving services<\/span>, and (iv) findings<\/span> by state<\/span> or local human rights committees or the Office of Human Rights in the Department<\/span> of human rights violations, abuse<\/span>, or neglect<\/span>. The Board<\/span>’s regulations shall address the procedures for collecting, compiling, encrypting, and releasing the data. This information and statistical data shall be made available to the public in a format from which all information identifying a provider or an individual receiving services<\/span> has been removed. The Board<\/span>’s regulations shall specifically exclude all proceedings, minutes, records, and reports of any committee or nonprofit entity providing a centralized credentialing service that are identified as privileged pursuant to § 8.01-581.17<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRIGHTS OF INDIVIDUALS RECEIVING SERVICES (\u00a7 37.2-400)\n\nA. Each individual receiving services in a hospital, training center, other\nfacility, or program operated, funded, or licensed by the Department, excluding\nthose operated by the Department of Corrections, shall be assured his legal\nrights and care consistent with basic human dignity insofar as it is within the\nreasonable capabilities and limitations of the Department, funded program, or\nlicensee and is consistent with sound therapeutic treatment. Each individual\nadmitted to a hospital, training center, other facility, or program operated,\nfunded, or licensed by the Department shall:\n\n 1. Retain his legal rights as provided by state and federal law;\n\n 2. Receive prompt evaluation and treatment or training about which he is\n informed insofar as he is capable of understanding;\n\n 3. Be treated with dignity as a human being and be free from abuse or neglect;\n\n 4. Not be the subject of experimental or investigational research without his\n prior written and informed consent or that of his legally authorized\n representative;\n\n 5. Be afforded an opportunity to have access to consultation with a private\n physician at his own expense and, in the case of hazardous treatment or\n irreversible surgical procedures, have, upon request, an impartial review\n prior to implementation, except in case of emergency procedures required for\n the preservation of his health;\n\n 6. Be treated under the least restrictive conditions consistent with his\n condition and not be subjected to unnecessary physical restraint and\n isolation;\n\n 7. Be allowed to send and receive sealed letter mail;\n\n 8. Have access to his medical and clinical treatment, training, or\n habilitation records and be assured of their confidentiality but,\n notwithstanding other provisions of law, this right shall be limited to access\n consistent with his condition and sound therapeutic treatment;\n\n 9. Have the right to an impartial review of violations of the rights assured\n under this section and the right of access to legal counsel;\n\n 10. Be afforded appropriate opportunities, consistent with the\n individual’s capabilities and capacity, to participate in the\n development and implementation of his individualized services plan; and\n\n 11. Be afforded the opportunity to have a person of his choice notified of his\n general condition, location, and transfer to another facility.\n \t\t\t\tThe Board shall adopt regulations to implement the provisions of this\n subsection after due notice and public hearing, as provided for in the\n Administrative Process Act (§ 2.2-4000 et seq.).\n\nB. The Board shall adopt regulations delineating the rights of individuals\nreceiving services with respect to nutritionally adequate diet; safe and\nsanitary housing; participation in nontherapeutic labor; attendance or\nnonattendance at religious services; participation in treatment decision-making,\nincluding due process procedures to be followed when an individual may be unable\nto make an informed decision; notification of a person of his choice regarding\nhis general condition, location, and transfer to another facility; use of\ntelephones; suitable clothing; possession of money and valuables; and related\nmatters.\n\nC. The human rights regulations shall be applicable to all hospitals, training\ncenters, other facilities, and programs operated, funded, or licensed by the\nDepartment; these hospitals, training centers, other facilities, or programs may\nbe classified as to population served, size, type of services, or other\nreasonable classification.\n\nD. The Board shall adopt regulations requiring public and private facilities and\nprograms licensed or funded by the Department to provide nonprivileged\ninformation and statistical data to the Department related to (i) the results of\ninvestigations of abuse or neglect, (ii) deaths and serious injuries, (iii)\ninstances of seclusion and restraint, including the duration, type, and\nrationale for use per individual receiving services, and (iv) findings by state\nor local human rights committees or the Office of Human Rights in the Department\nof human rights violations, abuse, or neglect. The Board’s regulations\nshall address the procedures for collecting, compiling, encrypting, and\nreleasing the data. This information and statistical data shall be made\navailable to the public in a format from which all information identifying a\nprovider or an individual receiving services has been removed. The Board’s\nregulations shall specifically exclude all proceedings, minutes, records, and\nreports of any committee or nonprofit entity providing a centralized\ncredentialing service that are identified as privileged pursuant to §\n8.01-581.17.\n\nHISTORY: 1974, c. 335, \u00a7 37.1-84.1; 1976, c. 671; 1989, cc. 459, 591; 1992, c.\n603; 1999, c. 969; 2005, c. 716; 2009, cc. 111, 517; 2012, cc. 476, 507.","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}}