§ 40.1-26-4 - Requirements of agencies.
SECTION 40.1-26-4
§ 40.1-26-4 Requirements of agencies.– (a) In a manner consistent with the participant's learning style, every agencyshall provide to participants and/or advocates upon entry into the agency andat the yearly review of the individualized plan information describing theparticipant rights the name, address, and phone number of the human rightscommittee chair or his or her designee, the participant grievance procedure asrequired by § 40.1-26-5 and the availability of free legal assistance.Every agency shall also post a notice describing the information set out inthis subsection.
(b) Every agency shall establish or participate in a humanrights committee comprised of persons with developmental disabilities, familymembers of persons with developmental disabilities, qualified persons who haveeither experience or training in contemporary practices to change inappropriateparticipant behavior, advocates of persons with developmental disabilities andstaff of agencies providing services to persons with developmentaldisabilities; provided, however, that employees and/or their spouses of theagency shall not participate in that agency's human rights committee as votingmembers.
(c) Every agency shall utilize the human rights committee toreview, approve, and monitor individual plans designed to modify behavior whichutilize aversive techniques or impair the participant's liberty and otherplans, policies, and procedures that involve risks to participant protectionand rights. No agency shall implement a plan to modify behavior, or any otherplan, policy, or procedure described in this section without prior approval bythe human rights committee.
(d) Every agency shall maintain incident reports documenting(1) any injury, any physical or emergency chemical restraint or alleged humanrights violation, including, but not limited to, allegations of abuse, neglect,mistreatment, and (2) serious incidents.
(e) Every agency shall provide the human rights committeewith copies of all incident reports completed by the agency.
(f) Every agency shall provide the human rights committeewith copies of all grievances filed by participants or advocates and a copy ofthe final resolution of the grievance.