LOCAL HUMAN RIGHTS COMMITTEE MINUTES

EASTERN STATE HOSPITAL

4601 Ironbound Road

Williamsburg, VA 23187-8791

September 21, 2006

MEMBERS PRESENT: Charles Loundermon, Chair; Emma Rhyne, Co-Chair; Ned Goodwin; Rich Adams; Mary Rickmond; Doris Foreman; Robin Bristow and Steven Bennett.

MEMBERS ABSENT:

STAFF PRESENT: Willie Barnes and Gianna Mitchell, Human Rights Advocates; John Favret, Hospital Director; John Gardner, Director, SD &T and Lisa Webster, LHRC Liaison.

1. Call to Order

The Local Human Rights Committee meeting was called to order at 10:35 a.m. with Charles Loundermon, Chair presiding, for the purpose of hearing business as presented on the agenda and such other transactions or matters that may be presented to the Committee. Ms. Gianna Mitchell, Human Rights Advocate was introduced to the committee by Ms. Barnes and welcomed to the committee by Mr. Loundermon.

2. Agenda

The September 21, 2006 Agenda was reviewed.

Action: Motion was made by Ms. Bristow and properly seconded by Ms. Rhyne that the LHRC approve the September 21, 2006 Agenda. The motion passed unanimously.

Item #12 on the Agenda (LAR Petition for J.H.) was cancelled due to patients refusal to participate.

3. Minutes

Minutes of the June 15, 2006 LHRC meeting were reviewed.

Action: Motion was made by Ms. Bristow and properly seconded by Mr. Adams,

that the LHRC approve the June 15, 2006 minutes. The motion passed

unanimously.

Minutes of the July 20, 2006 LHRC Meeting were reviewed.

Action: Motion was made by Ms. Bristow and properly seconded by Ms. Rhyne,

that the LHRC approve the July 20, 2006 minutes with noted corrections.

The motion passed unanimously.

4. Hospital Directors’ Report

Mr. Favret presented the Directors’ Report for July and August 2006 (see the September 21, 2006, LHRC packet).

Action: The committee members present accepted the Directors’ Report for July and

August 2006.

Mr. Favret reported that the hospital submitted their plan of correction and it came back

approved. The Hospital is now fully accredited.

D.K. Update – presented by John Gardner

Mr. Gardner reported that the trend line shows that verbal threats for D.K. are down. Injuries to peers and staff have also declined. As reported in the July minutes, D.K.’s father has accepted a position in Mexico City. The treatment team here at ESH is working with the Hospital in Mexico on the logistics to have him transferred.

Motion was made by Mr. Bennett properly seconded by Ms. Bristow, and passed for the LHRC to go into executive session pursuant to Virginia Code 2.2-3711(A) 4 for the protection of the privacy of individuals in personal matters not related to public business, namely for the purpose of hearing of authorized representatives, hearing of behavior modifications and/or conducting a hearing pursuant to the regulations.

Motion was made by Ms. Rickmond and properly seconded by Mr. Bennett and passed that we go into open session. The LHRC unanimously certified that, to the best of each member’s knowledge, only private business matters lawfully exempted from statutory open meeting requirements and only private business matters identified in the motion to convene the executive session were discussed in the executive session.

Charles Loundermon So certify

Emma Rhyne So certify

Mary Rickmond So certify

Ned Goodwin So certify

Steven Bennett So certify

Robin Bristow So certify

Rich Adams So certify

Doris Foreman So certify

Action: The Hospital Director is requesting a continuation of his Variance for

ILS until he is transferred October 11, 2006.

A motion was made by Ms. Rhyne and properly seconded by Ms. Bristow to approve and accept the approved Variance for ILS for D.K. until he is transferred on October 11, 2006. All were in favor. The vote was unanimous.

5. Advocates’ Report

Ms. Barnes presented the Advocates’ Report for July and August 2006(see the September 21, 2006 LHRC packet).

Action: The committee members present accepted the Advocates’ Report for July and August 2006.

Mr. Adams suggested that a chart be added to the Advocate’s report that reflects the

Hospital’s actual census including admissions and discharges per month.

6. Formal and Informal Complaints

Ms. Barnes presented the Formal and Informal Complaints for July and August 2006 (see the September 21, 2006, LHRC packet).

Action: The committee members present accepted the FIC Report for July and

August 2006.

7. ECT/Consent Form Revisions/Update

Action: These issues were deferred until the October 19, 2006 LHRC Meeting.

8. Re-appointment(s)

Ms. Barnes announced that Ms. Bristow has been re-appointed for another term.

9. Election of Officers –

A motion was made by Ms. Bristow and properly seconded by Mr. Bennett that Mr.

Charles Loundermon continues as Chair of the ESH LHRC. The vote was unanimous.

A motion was made by Ms. Rickmond and properly seconded by Ms. Foreman that Ms. Emma Rhyne continues as C0-Chair of the ESH LHRC. The vote was unanimous.

10. Bylaws – Changing Language Addressing “removal of members” and

“quorum”

In July, the sub-committee recommended accepting the language in the Bylaws referring to “removal of members” and “quorum”.

Action: The full committee met and was in favor of the sub-committee’s recommendation to accept the definition of “quorum “. The number will be 5 members for a quorum. The advocate stated that the definition was already defined in the ESH bylaws.

Also presented for discussion as recommended by the SHRC “ the removal of committee members”. The ESH LHRC discussed and voted to have a member removed that had missed (5) meetings in the course of a year.

11. Interviews for Membership - See Executive Session

Two individual were interviewed for the vacant consumer position on the ESH LHRC

Committee.

The motion was made by Ms. Rickmond properly seconded by Ms. Bristow, and passed for the LHRC to go into executive session pursuant to Virginia Code 2.2-3711(A) 4 for the protection of the privacy of individuals in personal matters not related to public business, namely for the purpose of hearing of authorized representatives, hearing of behavior modifications and/or conducting a hearing pursuant to the regulations.

Charles Loundermon So certify

Emma Rhyne So certify

Mary Rickmond So certify

Ned Goodwin So certify

Steven Bennett So certify

Robin Bristow So certify

Rich Adams So certify

Doris Foreman So certify

Motion: A motion was made by Ms. Rickmond and properly seconded by Mr. Bennett that T. E. be recommended to the SHRC for membership to the ESH LHRC.

**Break**

Motion was made by Mr. Bennett properly seconded by Ms. Foreman, and passed for the LHRC to go into executive session pursuant to Virginia Code 2.2-3711(A) 4 for the protection of the privacy of individuals in personal matters not related to public business, namely for the purpose of hearing of authorized representatives, hearing of behavior modifications and/or conducting a hearing pursuant to the regulations.

Motion was made by Mr. Bennett and properly seconded by Ms. Rickmond and passed that we go into open session. The LHRC unanimously certified that, to the best of each member’s knowledge, only private business matters lawfully exempted from statutory open meeting requirements and only private business matters identified in the motion to convene the executive session were discussed in the executive session.

Charles Loundermon So certify

Emma Rhyne So certify

Mary Rickmond So certify

Ned Goodwin So certify

Steven Bennett So certify

Robin Bristow So certify

Rich Adams So certify

Doris Foreman So certify

12. ECT Hearing -See Executive Session Minutes

Motion: A motion was made by Ms. Rhyne and properly seconded by Mr. Adams that the ESH LHRC approve the ECT for B.O.

13. Announcement -

Ms. Barnes announced that the seminar on Regulations has been cancelled until the new regulations have been finalized.

Public comment forum meeting in this region is scheduled for October 24, 2006 from 4:00 p.m. – 6:00 p[.m. in Norfolk the Norfolk Hospitality Center.

Mr. Loundermon informed members that the LAR hearing for J.H. was cancelled.

14. Adjournment-

Having no further business, a motion was made by Ms. Rhyne properly

seconded by Mr. Adams that the meeting be adjourned. The motion passed

unanimously and the meeting adjourned at 1:15 p.m. The next scheduled meeting will be held Thursday, October 19, 2006 in Building #33 at 10:30 a.m.

_______________________________

Charles Loundermon, Chair

10/04/06

/lw

cc: LHRC MEMBERS

Mr. Daye

Advocate

Hospital Director

Attachments:

LHRC Attendance

Local Human Rights Committee

Executive Session

September 21, 2006

The motion was made by Mr. Bennett properly seconded by Ms. Bristow, and passed for the LHRC to go into executive session pursuant to Virginia Code 2.2-3711(A) 4 for the protection of the privacy of individuals in personal matters not related to public business, namely for the purpose of hearing of authorized representatives, hearing of behavior modifications and/or conducting a hearing pursuant to the regulations.

1. Interviews for Membership – T. E. and B. E. were interviewed by the ESH LHRC Committee for membership.

Motion: The committee voted 5-3 in favor of T. E. being recommended to the SHRC for membership to the ESH LHRC.

2. ECT Hearing for B.O. - Dr. Tirumalasetti presented the committee with an overall justification for the hospitals request for ECT along with the consultant’s second opinion as required. The ESH LHRC reviewed all documentation per hospital protocol.

3. D.K. Variance - The committee heard and reviewed the continuation of the hospital’s

Variance for use of the IRLS.

_______________________________

Charles Loundermon, Chair

10/04/06

/lw

cc: LHRC MEMBERS

Mr. Daye

Advocate

Hospital Director

Attachments:

These minutes are not subject to mandatory public disclosure in accordance with Code of Virginia 2.1-344.1.H. (1989, c.358)