NORTHERN VIRGINIA JOINT TRAINING COALITION

HUMAN RIGHTS

REFRESHER TRAINING

APRIL 10, 2012

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IntroductionIntroduction

Welcome to the on-line refresher Welcome to the on-line refresher trainingtraining

Purpose of TrainingPurpose of Training• For annual refresher training for staff For annual refresher training for staff

who have a good knowledge of the who have a good knowledge of the current Human Rights regulations andcurrent Human Rights regulations and

• Recommended for staff who have Recommended for staff who have successfully completed the in class successfully completed the in class trainingtraining

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Training OutlineTraining OutlineFormat for the training:Format for the training:

This self-directed on-line refresher training This self-directed on-line refresher training should be completed within one hour.should be completed within one hour.

This on-line training will consist of the following:This on-line training will consist of the following:

1. Power Point presentation – Read all slides1. Power Point presentation – Read all slides

2. Complete 30 question True/False test2. Complete 30 question True/False test

HUMAN RIGHTS REGULATIONS

THE FOLLOWING SLIDES WILL COVER CURRENT HUMAN RIGHTS REGULATIONS:

DIGNITY SERVICES PARTICIPATION IN DECISION MAKING CONFIDENTIALITY ACCESS TO AND AMENDMENT OF SERVICE

RECORDS FREEDOMS OF EVERYDAY LIFE USE OF SECLUSION, RESTRAINT, TIME OUT WORK RESEARCH SUBSTITUTE DECISION MAKING DETERMINATION OF CAPACITY TO GIVE

CONSENT OR AUTHORIZATION AUTHORIZED REPRESENTATIVES COMPLAINT RESOLUTION, HEARING,

APPEALS PROCESS VARIANCES REPORTING REQUIREMENTS RESPONSIBILITIES AND DUTIES

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Legal Rights Legal Rights

Acquire, retain, and dispose of property;Acquire, retain, and dispose of property; Sign legal documents;Sign legal documents; Buy or sell;Buy or sell; Enter into contracts;Enter into contracts; Register and vote;Register and vote; Get married, separated, divorced, or have a Get married, separated, divorced, or have a

marriage annulled;marriage annulled; Hold a professional, occupational, or vehicle Hold a professional, occupational, or vehicle

operator’s license;operator’s license; Make a will; execute an advanced directive or Make a will; execute an advanced directive or

WRAP;WRAP; Have access to lawyers and the courts.Have access to lawyers and the courts.

PROVIDER RESPONSIBILITIES AND DUTIES ASSURANCE OF RIGHTS

PROVIDERS WILL:

Prominently display a sign listing the rights of individuals under the Regulations and how

individuals can contact a human rights advocate. This document shall be presented in a manner, format, and languages

most frequently understood by the

individual.

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PROVIDER RESPONSIBILITIES AND DUTIES ASSURANCE OF RIGHTS (CONTINUED)

NOTIFY EACH INDIVIDUAL AND HIS OR HER AUTHORIZED REPRESENTATIVE (AR), AS APPLICABLE, ABOUT THESE RIGHTS, INCLUDING: HOW TO FILE A COMPLAINT, HOW TO CONTACT A HUMAN RIGHTS ADVOCATE, AND THE ADVOCATE’S ROLE IN THE COMPLAINT PROCESS.

This notice will be provided at the start of service and every year

thereafter.

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In residential settings, each individual has the right to: Have sufficient and suitable clothing for his/her exclusive

use. Receive nutritionally adequate and appetizing meals. Live in a humane, safe, and sanitary environment. Practice a religion and participate in religious services, if

religious practices are dangerous or may result in demonstrable harm.

Have access to paper, pencils and stamps. Have help in writing or reading mail as needed. Communicate privately with any person by mail or telephone. Have or refuse visitors.

Dignity (continued)

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Sometimes a clinical approach is needed limiting an individual’s rights to: Communicate by mail Use the telephone Limit or supervise an individual’s

visitors If there is cause to believe that an

individual’s mail or mail they are sending out contains illegal or dangerous items or may result in demonstrable harm, staff may open the mail, but not read it, in the presence of the individual.

Dignity (continued)

DIGNITY (CONTINUED)

Prior to implementation of any limitations to an individual’s rights, staff will:

Discuss the issue with the individual.Inform the local human rights advocate of the

reasons for the restriction.Document in the record the reasons for the

restriction.Review the need for the restriction by the team

each month and document in the record.

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Anyone who knows of or has reason to believe that an individual may have been abused, neglected, or exploited will immediately report this information to the appropriate supervisor/director and within 24 hours to the appropriate agencies and the individual’s authorized representative if there is one.

If abuse, neglect or exploitation is a crime, contact the appropriate law enforcement authorities.

Staff, in consultation with their supervisor/director, will: Immediately take the necessary steps to protect the individual

until an investigation is completed in accordance with agency policies and procedures and the human rights regulations.

For peer-on-peer aggression, protect the individuals from the aggressor in accordance with sound therapeutic practice. Such instances may constitute potential neglect.

If the individual affected or the authorized representative is not satisfied with the director’s actions, he/she or the authorized representative may file a petition for an LHRC hearing.

Abuse, Neglect or Exploitation

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Service Delivery We partner with individuals to develop

person-centered services in a welcoming environment with clarity about “who you call” when you have a concern.

We partner with individuals to develop case management plans and services tailored to their needs and preferences, using best practices.

We build on the strengths of individuals. We support an individual’s interest in

advance directives and Wellness Recovery Action Plans (WRAP) and document the existence of such tools in the individual’s record.

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Participation in Decision Participation in Decision MakingMaking

Each individual has a right to:

• Participate meaningfully in decisions regarding all aspects of services affecting him/her, including requesting admission to or discharge from any service at any time.

• Give or not give informed consent for participation in treatment/services that pose a risk greater than ordinarily encountered

• Participate in human research.

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• In an emergency: Providers may initiate, administer, or

undertake a proposed treatment without the consent of the individual or the individual’s authorized representative; and inform the authorized representative as soon as possible.

All emergency treatment or services will be documented in the individual's services record within 24 hours.

Providers may provide treatment without consent in accordance with a court order or in accordance with other provisions of law that authorize such treatment or services.

Participation in Decision Participation in Decision MakingMaking (continued)(continued)

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Informed Informed ConsentConsent

• Voluntary written agreement by the individual or his/her authorized representative is given freely without coercion for: Surgical procedures Electroconvulsive treatment Use of psychotropic medications Participation in human research

• The signed form must be placed in the services record

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ConfidentialityConfidentiality

• Each individual is entitled to have all identifying information that a provider maintains or knows about him remain confidential.

• When providers disclose identifying information, they shall attach a statement that informs the person receiving the information that it must not be disclosed to anyone unless the individual authorizes the disclosure or unless state law or regulation allows or requires further disclosure without authorization.

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• Authorizations Providers may encourage individuals to

name family members, friends, and others who may be told of their presence and general condition or well-being.

Providers may disclose to a family member, other relative, a close personal friend, or any other person identified by the individual, information that is directly relevant to that person’s involvement with the individual’s treatment, payment or health care operations, if certain conditions are met as outlined in 12VAC35-115-80.

Authorizations must be obtained and documented in the services record.

Confidentiality Confidentiality (continued)(continued)

Some conditions may not apply to 42 CFR Part 2

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Confidentiality Confidentiality (continued)(continued)

• 42CFR Part 2 If an individual’s services record pertains in whole

or in part to diagnosis and referral or treatment of substance use disorders, providers shall disclose information only according to 42 CFR Part 2.

Generally, under 42 CFR Part 2 the program may not tell a person outside the program that an individual participates in any substance abuse treatment or disclose any information identifying an individual as an alcohol or drug abuser unless: 1. the individual consents in writing2. the disclosure is allowed by a court order3. the disclosure is made to medical personnel in a

medical emergency or to qualified personnel for research, audit or program evaluation.

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Confidentiality Confidentiality (continued)(continued) • Authorization to disclose PHI is not needed

under specified conditions for certain circumstances such as:

Emergencies; Protection of public safety– Providers (employees of the agency, consultants,

agents, the Department, the CSB) for treatment, payment and health care operations (TPO)

– Health Plans; Other statutes or regulations on Health Records Privacy (Code of Virginia §32.1-127.1:03)

– Court proceedings; Protection and advocacy agency– Legal counsel; A law enforcement official under

specific circumstances– Human rights committees; Others authorized or

required such as State licensing, human rights, Medicaid, certification, accreditation, and quality assurance reviews

– Pre-admission screening, services and discharge planning (not for ICFMR)

– Historical Research

Some conditions may not apply to 42 CFR Part 2

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Access/Access/Amendment of Amendment of

RecordsRecords • Each individual and his/her

authorized representative has the right to:– See, read, and obtain a copy of his/her

own services record.– Let certain other people see, read, or get

a copy of his/her own services record.– Challenge, request to amend or receive

an explanation of anything in the record.– Let anyone who sees his/her record,

regardless of whether amendment have been made, know that the individual has tried to amend the record or explain his/her position and what happened as a result.

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Access/Amendment ofAccess/Amendment ofRecord Record (continued)(continued)

• A provider may deny access to all or a part of an individual’s services record in accordance with the Human Rights regulations. To do so, an involved physician or clinical psychologist must: – Sign a statement in the record that access

would be reasonably likely to endanger the life or physical safety of the individual or another person.

– Tell the individual as much about his/her record as possible.

– Notify the individual of any restrictions and time limits placed on access and conditions for their removal.

– Notify the Human Rights Advocate.

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• Service providers will:• Encourage each individual’s participation in normal

activities.

• Not limit or restrict any individual’s freedom more than is needed to achieve a therapeutic benefit, maintain a safe and orderly environment, or intervene in an emergency.

• Ensure that a qualified professional regularly reviews every restriction and that it is discontinued when the criteria for removal is met.

• Program Rules Give the rules to and review them with each individual

and the authorized representative if applicable in a way that the individual can understand them, including explaining possible consequences for violating them.

Restrictions on Restrictions on Freedoms of Everyday Freedoms of Everyday

LifeLife

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Use of Seclusion, Use of Seclusion, Restraint, and Time OutRestraint, and Time Out

Each individual is entitled to be completely free from any unnecessary use of restraint or time out. No programs will use seclusion under any

circumstances. Restraints must be justified and implemented in

accordance with agency procedures. Restraints will not exceed 20 minutes or according

to agency procedures. A qualified professional will review every use of

physical restraint ASAP after it is carried out and document the results in the record.

No individual will be placed in time out for more than 30 minutes per episode

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Providers shall not use restraint unless other less restrictive techniques have been considered.

Documentation must be placed in the services plan that this is the least restrictive technique

Programs may use restraint or time out in a behavioral treatment plan, but only if: All plans are initiated, developed, carried out, and

monitored by a qualified professional. Reviewed and approved in advance by the Behavior

Management Committee (BMC) and LHRC. Reviewed quarterly by the BMC and LHRC.

Use of Seclusion, Use of Seclusion, Restraint, and Time OutRestraint, and Time Out

(continued)(continued)

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Behavior Management Committee (BMC)Behavior Management Committee (BMC) Members may be comprised of CSB & contract Members may be comprised of CSB & contract

staffstaff Reviews from a clinical perspective restrictive Reviews from a clinical perspective restrictive

behavioral plans behavioral plans Follows best practice Follows best practice

Local Human Rights Committee (LHRC)Local Human Rights Committee (LHRC) Group of at least five people appointed by the Group of at least five people appointed by the

State Human Rights CommitteeState Human Rights Committee One-third of the appointments are individuals who One-third of the appointments are individuals who

receive services or family members, at least one receive services or family members, at least one health care provider, and other appointments health care provider, and other appointments may be professionals such as lawyers or persons may be professionals such as lawyers or persons with interest, knowledge or training in the field of with interest, knowledge or training in the field of mental health, substance use, or intellectual mental health, substance use, or intellectual disabilities. disabilities.

Meets monthly or as otherwise scheduled Meets monthly or as otherwise scheduled

Use of Seclusion, Restraint, Use of Seclusion, Restraint, and Time Outand Time Out (continued)(continued)

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Work

Individuals have a right to engage or not engage in work or work-related activities consistent with their service needs while receiving services.

Personal maintenance and personal housekeeping by individuals receiving services in residential settings are not subject to this provision.

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ResearchResearch

Each individual has a right to choose to Each individual has a right to choose to participate or not participate in human participate or not participate in human research. research.

Exemptions under Code of Virginia (32.1-Exemptions under Code of Virginia (32.1-162.17)162.17) Research involving collection or study of Research involving collection or study of

existing data, documents, records…if the existing data, documents, records…if the information is recorded in a manner that information is recorded in a manner that subjects cannot be identified, directly or subjects cannot be identified, directly or through identifiers linked to the subjects.through identifiers linked to the subjects.

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Research Research (Continued)

Human research projects must Human research projects must follow all other state and federal follow all other state and federal laws and regulations including:laws and regulations including:• Obtain review and approval from Obtain review and approval from

an institutional review board (IRB) an institutional review board (IRB) or research review committee or research review committee (RRC) prior to performing or (RRC) prior to performing or participating in human research.participating in human research.

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Research (Continued)

Present research request, a copy of the approval from the Institutional Review Board or Research Review Committee, and sample informed consent form to the Local Human Rights Committee for approval before an individual receiving services may participate.

Obtain prior, written, informed consent from the individual or his/her authorized representative.

Provide periodic updates to the Local Human Rights Committee.

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If the capacity of an individual to consent to treatment, services, or research, or authorize the disclosure of information is in doubt, the provider shall obtain an evaluation from a professional who is qualified by expertise, training, education, or credentials and not directly involved with the individual.

Providers shall determine the need for an evaluation whenever the individual’s condition warrants, the individual requests a review, at least every six months, and at discharge.

Substitute Decision Making

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Determination of Capacity

If the individual’s record indicates that the individual is not expected to obtain or regain capacity, the provider shall document annually that it has reviewed the individual’s capacity to make decisions and whether there has been any change in that capacity.

If the individual or his/her family objects to the results of the qualified professional’s determination, the provider shall immediately inform the human rights advocate.

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Authorized Representatives

When an individual lacks capacity to consent or authorize disclosure of information, consent can be obtained from: An attorney-in-fact A health care agent appointed by the

individual under an advance directive or power of attorney

A legal guardian

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Authorized Representatives (continued)

If an attorney-in-fact, health care agent, or legal guardian is not available, the agency director shall designate a substitute decision-maker as an authorized representative according to a priority system. Family member chosen by the individual. Best qualified person according to the following order:

spouse, adult child, parent, adult brother or sister, any other blood relative.

Next friend, according to human rights regulations and after review by the Local Human Rights Committee.

Conditions for removal of an authorized representative are outlined in 12VAC35-115-146, G.

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Authorized Representatives (continued)

Conditions for removal of an authorized representative Whenever an individual has regained capacity to consent,

the director shall immediately remove any authorized representative, notify the individual and the authorized representative, and ensure that the services record reflects that the individual is capable of making his/her own decisions.

Whenever an individual with an authorized representative who is his legal guardian has regained capacity to give informed consent, the director may use the applicable statutory provisions to remove the authorized representative.

If powers of attorney and health care agents do not cease on their own accord when the individual is no longer incapacitated, the director shall seek the consent of the individual and remove the person as an authorized representative.

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Authorized Representatives (continued)

The director shall remove the authorized representative if the authorized representative becomes unavailable, unwilling, or unqualified to serve.

The individual or the advocate may request the Local Human Rights Committee review the

director’s decision to remove an authorized representative.

Prior to any removal, the director shall notify the individual of the decision to remove the authorized representative, of his/her right to request that the Local Human Rights Committee review the decision, and of the reasons for the removal decision. This information shall be placed in the services record.

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Complaint and Fair Hearing

Each individual has a right to: Complain that his/her service

provider has violated any of the rights assured under these regulations.

Have a timely and fair review of any complaint.

Have someone file a complaint on his/her behalf.

Use program and other complaint procedures.

Complain under any other applicable law, including complain to the protection and advocacy agency.

RESOLVING ISSUES PRIOR TO BECOMING A COMPLAINT

NOT ALL QUESTIONS, ISSUES OR CONCERNS NEED TO RISE TO THE LEVEL OF A HUMAN RIGHTS COMPLAINT; MANY MAY BE RESOLVED WITHIN THE CONTEXT OF THE TREATMENT/SERVICE DELIVERY SETTING.

STAFF ARE TO WORK WITH INDIVIDUALS SERVED TO RESOLVE HUMAN RIGHTS QUESTIONS, ISSUES OR CONCERNS AT THE SERVICE DELIVERY LEVEL.

QUESTIONS, ISSUES OR CONCERNS RESOLVED AT THE SERVICE DELIVERY LEVEL ARE NOT CONSIDERED OFFICIAL HUMAN RIGHTS COMPLAINTS.

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COMPLAINT COMPLAINT RESOLUTIONRESOLUTION

ANYONE WHO BELIEVES A PROVIDER HAS VIOLATED AN INDIVIDUAL’S RIGHTS MAY REPORT AN OFFICIAL COMPLAINT TO THE AGENCY’S DIRECTOR/DESIGNEE, OR THE STATE HUMAN RIGHTS ADVOCATE.

If the report is made only to the director, he/she shall immediately notify the human rights advocate or by

the next business day.If the report is made only to the human rights advocate, he/she shall immediately notify the director or by the next business day.

The director or advocate shall discuss the report with the individual, explain the informal and formal complaint process, ask the individual if he/she understands the choice, and then ask how he/she would like

to pursue the complaint.

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COMPLAINT RESOLUTION…INFORMAL PROCESS

INFORMAL COMPLAINT PROCESS

The director/designee shall

attempt to resolve the complaint immediately.

If the complaint is resolved, no further action is required.If not resolved within five

working days, the director/designee shall refer it for resolution under the formal

process.The individual may extend the informal process 5-day time

frame for good cause. All such extensions shall be reported to the human rights advocate by

the director/designee.

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COMPLAINT RESOLUTION… FORMAL PROCESS

The director/designee

shall try to resolve the

complaint by contacting/meeti

ng with the individual, any representative

chosen, the human rights

advocate, staff within 24 hours of

receipt of the complaint or next

business day.

Conduct an investigation of the complaint, if the complaint is

going forward. 41

COMPLAINT RESOLUTION FORMAL PROCESS (CONTINUED) The director/designee gives the individual

and AR a written preliminary decision and, where appropriate, an action plan for

resolving the complaint within 10 working days of receipt of the complaint.

If the individual reports disagreement with the preliminary decision or action plan and reports his/her disagreement to the director

in writing within 5 working days after receiving the decision or action plan, the

director/designee shall investigate further as appropriate and make a final decision regarding the complaint within 5 days.

If the individual disagrees with the final decision or action plan, he/she may file a

petition for a hearing by the LHRC.

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VariancesVariances

• Variances to these regulations shall be requested and approved only when the provider has tried to implement the relevant requirement without a variance and can provide objective, documented information that continued operation without a variance is not feasible, or will prevent the delivery of effective and appropriate services and supports to individuals.

All variances shall be approved for a

specific time period and must be reviewed at least annually by the SHRC.

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Provider Requirements for Provider Requirements for Reporting to the Reporting to the

DepartmentDepartment Information concerning abuse, neglect and exploitation will be collected in the following manner:• Report each allegation of abuse

or neglect to the assigned human rights advocate within 24 hours from the receipt of the allegation.

• Provide a written report of the results of the investigation of abuse or neglect to the Director and human rights advocate within 10 working days from the date the investigation began.

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Deaths and serious injuries: in writing to the Department within 24 hours of discovery and by telephone to the authorized representative, as applicable, within 24 hours.

An annual report of each instance of restraint by the 15th of January each year to the office of Health and Quality Care.

An annual report of all human rights complaints processed informally and formally is given to the Local Human Rights Committee.

Provider Requirements for Provider Requirements for Reporting to the Dept.Reporting to the Dept.

(continued)(continued)

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REFERENCESREFERENCES

• Human Rights Regulations:http://www.DBHDS.virginia.gov/

documents/Human Rights/OHR-default.htm

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Good LuckGood Luck&&

High Scores!High Scores!

Congratulations! You have Congratulations! You have completed the on-line Human completed the on-line Human Rights portion of the Training. Rights portion of the Training.

Please print out and complete Please print out and complete the following 30 question True the following 30 question True

/ / False test False test

Human Rights Test Questions Human Rights Test Questions

1)1)           Some of the Human Rights regulations core concepts are dignity, participation in Some of the Human Rights regulations core concepts are dignity, participation in decision-making, confidentiality and the complaint process. decision-making, confidentiality and the complaint process. True or FalseTrue or False

2)2)           Individuals do not retain their legal, civil and human rights when they come into our Individuals do not retain their legal, civil and human rights when they come into our service settings. service settings. True or FalseTrue or False

3)3)           Individual Individual’’s notice of receiving these rights must be signed. s notice of receiving these rights must be signed. True or FalseTrue or False

4)4)           Participation in religious services or practices cannot be limited if religious practices Participation in religious services or practices cannot be limited if religious practices are dangerousare dangerous

or may result in demonstrable harm.or may result in demonstrable harm.True or FalseTrue or False

5)5)           Providers must ensure that individuals are not abused, neglected, or exploited. Providers must ensure that individuals are not abused, neglected, or exploited. True or FalseTrue or False

6)6)           If mail is considered to be dangerous, it may be opened at any time and use of If mail is considered to be dangerous, it may be opened at any time and use of telephone may be limited to certain times and places.telephone may be limited to certain times and places. True or FalseTrue or False

7)7)           Individuals receiving services do not have the right to participate in decisions Individuals receiving services do not have the right to participate in decisions regarding their services and do not have to give consent for proposed medical regarding their services and do not have to give consent for proposed medical treatment.treatment.

True or FalseTrue or False

8)8)           The Person Centered Plan (PSP) and discharge plan shall incorporate the individual The Person Centered Plan (PSP) and discharge plan shall incorporate the individual’’s s preferences consistent with his condition and need for service and the providerpreferences consistent with his condition and need for service and the provider’’s ability s ability to address them. to address them.

True or FalseTrue or False

9)9)           An authorization is needed to disclose information that identifies an individual. An authorization is needed to disclose information that identifies an individual. True or FalseTrue or False

10)10)   Providers may encourage individuals to name family members, friends and others who Providers may encourage individuals to name family members, friends and others who may be told of their presence and general condition.may be told of their presence and general condition. True or FalseTrue or False

11)11)   Each individual is entitled to have all identifying information that a provider maintains Each individual is entitled to have all identifying information that a provider maintains or knows about him remain confidential. Each individual has a right to give his or knows about him remain confidential. Each individual has a right to give his authorization before the provider shares identifying information about him or his care authorization before the provider shares identifying information about him or his care unless another state law or regulation, or these regulations specifically require or permit unless another state law or regulation, or these regulations specifically require or permit the provider to disclose certain specific information. the provider to disclose certain specific information.

True or FalseTrue or False

12)12)   In emergencies, to prevent injury or death to a person, providers may disclose In emergencies, to prevent injury or death to a person, providers may disclose information without authorization.information without authorization. True or FalseTrue or False

13)13)   Providers shall tell each individual and his authorized representative about the Providers shall tell each individual and his authorized representative about the individual's confidentiality rights.individual's confidentiality rights. True or FalseTrue or False

14)14)   Providers must provide individuals any help they may need to read and understand Providers must provide individuals any help they may need to read and understand their services record and provide amendments to them.their services record and provide amendments to them. True or FalseTrue or False

Human Rights Test Questions Human Rights Test Questions 15)15)   Individuals are not entitled to freedoms of everyday life that are consistent with his need for Individuals are not entitled to freedoms of everyday life that are consistent with his need for

servicesservices. . True or FalseTrue or False

16)16)   Providers must not limit or restrict an individual Providers must not limit or restrict an individual’’s freedom more than is needed to achieve a s freedom more than is needed to achieve a therapeutic benefit. therapeutic benefit. True or FalseTrue or False

17)17)   Each individual is entitled to be completely free from any unnecessary use of seclusion, restraint Each individual is entitled to be completely free from any unnecessary use of seclusion, restraint and time out. . and time out. . True or FalseTrue or False

18)18)   Use of seclusion and restraint must be justified, time limited, documented, reviewed and Use of seclusion and restraint must be justified, time limited, documented, reviewed and monitored by trained qualified professionals. monitored by trained qualified professionals. True or FalseTrue or False

19)19)   Less restricted alternatives do not need to be used prior to using seclusion and/or restraint. Less restricted alternatives do not need to be used prior to using seclusion and/or restraint. True or FalseTrue or False

20)20)   All behavioral plans using restraint for behavioral purposes or time out must be reviewed, in All behavioral plans using restraint for behavioral purposes or time out must be reviewed, in advance, by the Local Human Rights Committee. advance, by the Local Human Rights Committee. True or FalseTrue or False

21)21)   Providers shall not use seclusion, restraint, or time out as a punishment or reprisal or for the Providers shall not use seclusion, restraint, or time out as a punishment or reprisal or for the convenience of staff. convenience of staff. True or FalseTrue or False

22)22)   Providers must adhere to Fair Labor Standards Act when employing individuals receiving services Providers must adhere to Fair Labor Standards Act when employing individuals receiving services at their organization. at their organization. True or FalseTrue or False

23)23)   An individual has the right to participate in human research. Written Informed Consent must be An individual has the right to participate in human research. Written Informed Consent must be obtained from an individual before participating in research. Providers must notify the Local obtained from an individual before participating in research. Providers must notify the Local Human Rights Committee before individuals participate in human research.Human Rights Committee before individuals participate in human research.

True or FalseTrue or False

24)24)   Capacity evaluations shall be conducted in accordance with accepted standards of professional Capacity evaluations shall be conducted in accordance with accepted standards of professional practice and shall indicate the specific type of decision for which the individualpractice and shall indicate the specific type of decision for which the individual’’s capacity is being s capacity is being evaluated and shall indicate what specific type of decision the individual has or does not have the evaluated and shall indicate what specific type of decision the individual has or does not have the capacity to make.capacity to make.

True or False True or False

25)25)   A A ““next friendnext friend”” does not have to know the individual for whom he is does not have to know the individual for whom he is ““next friendnext friend””.. True or FalseTrue or False

26)26)   The individual has no say in which of his family members is designated as his authorized The individual has no say in which of his family members is designated as his authorized representative.representative. True or FalseTrue or False

27)27)   Authorized representatives can be removed under certain circumstances. Authorized representatives can be removed under certain circumstances. True or FalseTrue or False

28)28)   The individual is given the choice of pursuing the complaint through the informal or formal The individual is given the choice of pursuing the complaint through the informal or formal complaint process. If the individual does not make a choice, the complaint shall be managed complaint process. If the individual does not make a choice, the complaint shall be managed through the informal process.through the informal process.

True or FalseTrue or False

29)29)   An employee must not stop an individual from filing a complaint or providing assistance to file a An employee must not stop an individual from filing a complaint or providing assistance to file a complaint.complaint. True or FalseTrue or False

30)30)   The director or his designee shall give the individual and his chosen representative a written The director or his designee shall give the individual and his chosen representative a written preliminary decision and, where appropriate, an action plan for resolving the complaint within 10 preliminary decision and, where appropriate, an action plan for resolving the complaint within 10 working days of receiving the complaint.working days of receiving the complaint.

True or FalseTrue or False

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THE END!!!THE END!!!

On-line Human Rights refresher developed On-line Human Rights refresher developed by the following No VA Joint Training by the following No VA Joint Training Coalition subcommittee members:Coalition subcommittee members:Stacy Boseman-MVLEStacy Boseman-MVLEJacque Scholl-Service Source/CFSJacque Scholl-Service Source/CFSJudy Rutherford-Linden Resources, Inc.Judy Rutherford-Linden Resources, Inc.Aldrina Maiden- Fairfax-Falls Church Aldrina Maiden- Fairfax-Falls Church Community Services BoardCommunity Services Board

We’ll see you next year!!!We’ll see you next year!!!