6 Va. Admin. Code § 35-101-650 - Prohibited actions
A. The
following actions are prohibited:
1.
Discrimination in violation of the Constitution of the United States, the
Constitution of the Commonwealth of Virginia, and state and federal statutes
and regulations;
2. Deprivation of
drinking water or food necessary to meet a resident's daily nutritional needs,
except as ordered by a licensed physician for a legitimate medical purpose and
documented in the resident's record;
3. Denial of contacts and visits with the
resident's attorney, a probation officer, the regulatory authority, a
supervising agency representative, or representatives of other agencies or
groups as required by applicable statutes or regulations;
4. Any action that is humiliating, degrading,
or abusive, including but not limited to any form of physical abuse, sexual
abuse, or sexual harassment;
5.
Corporal punishment, which is administered through the intentional inflicting
of pain or discomfort to the body through actions such as, but not limited to
(i) striking or hitting with any part of the body or with an implement; (ii)
pinching, pulling, or shaking; or (iii) any similar action that normally
inflicts pain or discomfort;
6.
Subjection to unsanitary living conditions;
7. Deprivation of opportunities for bathing
or access to toilet facilities, except as ordered by a licensed physician for a
legitimate medical purpose and documented in the resident's record;
8. Denial of health care;
9. Denial of appropriate services and
treatment;
10. Application of
aversive stimuli, except as permitted pursuant to other applicable state
regulations; aversive stimuli means any physical forces (e.g., sound,
electricity, heat, cold, light, water, or noise) or substances (e.g., hot
pepper, pepper sauce, or pepper spray) measurable in duration and intensity
that when applied to a resident are noxious or painful to the
individual;
11. Administration of
laxatives, enemas, or emetics, except as ordered by a licensed physician or
poison control center for a legitimate medical purpose and documented in the
resident's record;
12. Deprivation
of opportunities for sleep or rest, except as ordered by a licensed physician
for a legitimate medical purpose and documented in the resident's
record;
13. Use of pharmacological
restraints; and
14. Other
constitutionally prohibited actions.
B. Employees shall be trained on the
prohibited actions as provided in
6VAC35-101-190 (required initial
training) and
6VAC35-101-200 (retraining);
volunteers and interns shall be trained as provided in
6VAC35-101-300 (volunteer and
intern orientation and training); and residents shall be oriented as provided
in 6VAC35-101-800 (admission and
orientation).
Notes
Statutory Authority
§§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
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