W. Va. Code R. § 64-59-6 - Patients' Right to Treatment
6.1. General. All patients of mental health facilities have a right to treatment in the least restrictive setting in an outpatient community-based program to the extent resources and programs are available, and are further entitled to reasonable and available care and treatment that will promote the discharge of patients to the least restrictive setting. Treatment shall be provided in accordance with the relevant parts of 42 C.F.R. § 482 and the State Operations Manual.
6.2. Prohibition on Admission for Confinement. No individual shall be admitted to or detained in a mental health facility for the sole purpose of confinement except as otherwise permitted by law.
6.3. Trained and Competent Personnel. All care and treatment must be provided by qualified personnel and staff in accordance with 42 C.F.R. § 482.62.
6.4. Periodic Psychiatric Evaluation. Unless the patient's clinical condition requires otherwise, every patient of a mental health facility has the right to a psychiatric evaluation consistent with the applicable standard of care no less frequently than once every three months: Provided, That the initial psychiatric evaluation of each patient admitted to a mental health facility shall be conducted within 60 hours of the patient's admission in accordance with 42 C.F.R. § 482.61(b).
6.5. Appropriate Treatment, Program Plan, Treatment Planning, and Discharge Planning Based on Examination and Diagnosis. Every patient of a mental health facility has a right to treatment based on appropriate examination and diagnosis by a staff member operating within the scope of his or her professional license. All evaluations, program plans, initial treatment plans, master treatment plan, treatment, clinical care, development of assessment and diagnostic data, recordation of clinical progress, and discharge planning shall be done in accordance with 42 C.F.R. § 482; the State Operations Manual; and consistent with the applicable standard of care.
6.6. Accepted Standards. All care and treatment provided to each patient shall be provided in accordance with the applicable standard of care. Any care or treatment that deviates from the applicable standard of care or is inconsistent with 42 C.F.R. § 482 shall be specifically noted in the patient's medical record.
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