Legislative Update

Adult Mental Health

Bills Committee Last action Date
HB 4 - Mullin - Case management system; public accessibility. (H) Committee for Courts of Justice(H) Left in Courts of Justice02/12/18
notes: Requires the case management system operated and maintained by the Executive Secretary of the Supreme Court of Virginia to be open to the public for inspection. The bill provides that the case management system shall be searchable by party name, charge (for criminal cases), filing type (for civil cases), hearing date, and case number across all localities and that the entire compilation of records contained in the system shall be made available.
HB 42 - Kory - Suicide; abolishes common-law crime. (H) Committee for Courts of Justice(H) Left in Courts of Justice02/12/18
notes: Abolishes the common-law crime of suicide. Suicide is currently a common-law crime in Virginia, although there is no statutorily prescribed punishment.
HB 105 - Herring - Criminal Justice Services, Department of; training standards, community engaged policing. (H) Committee on Militia, Police and Public Safety(H) Left in Militia, Police and Public Safety02/13/18
notes: Expands the responsibilities of the Department of Criminal Justice Services regarding community policing by requiring the compulsory training standards for basic training and recertification of law-enforcement officers to include fair and impartial policing, verbal de-escalation, and needs of special populations. The bill changes the term "community policing" to "community engaged policing."
HB 162 - Ware - Proceeds of a sale, a partition suit, or condemnation proceeding; persons under a disability, etc. (H) Committee for Courts of Justice

(S) Committee for Courts of Justice
(G) Acts of Assembly Chapter text (CHAP0124)03/02/18
notes: Increases the amount of funds that a court can distribute, without the intervention of a fiduciary, to a person under a disability who is the recipient of those funds pursuant to a suit for the sale or lease of lands, a partition suit, or condemnation proceedings. The bill further allows such funds to be distributed to a special needs trust at the request of an appointed fiduciary of the person under a disability.
HB 174 - Filler-Corn - Communication with individuals with certain disabilities; Dept. of CJS to establish protocol. (H) Committee on Militia, Police and Public Safety(H) Left in Militia, Police and Public Safety02/13/18
notes: Requires the Department of Criminal Justice Services to establish protocols for communication by law-enforcement personnel with individuals diagnosed with autism spectrum disorders, intellectual disabilities, and developmental disabilities.
HB 198 - Sullivan - Firearms; removal from persons posing substantial risk, penalties. (H) Committee for Courts of Justice(H) Left in Courts of Justice02/15/18
notes: Creates a procedure by which an attorney for the Commonwealth or law-enforcement officer may apply to a circuit court judge for a warrant to remove firearms from a person who poses a substantial risk of injury to himself or others. If firearms are seized pursuant to such warrant, the bill requires a court hearing within 14 days from execution of the warrant to determine whether the firearms should be returned or retained by law enforcement. Seized firearms may be retained by court order for up to 180 days or, with court approval, may be transferred to a third party chosen by the person from whom they were seized. Persons who have been served with a warrant to remove firearms until such warrant has been dissolved by a court or who are the subject of an order to retain firearms are guilty of a Class 1 misdemeanor for purchasing, possessing, or transporting a firearm; are disqualified from having a concealed handgun permit; and may not be employed by a licensed firearms dealer. The bill also provides that a person who transfers a firearm to a person he knows has been served with a warrant or who is the subject of an order is guilty of a Class 6 felony.
HB 216 - Krizek - Guardians, licensed physician, etc.; annual reports. (H) Committee on Health, Welfare and Institutions(H) Left in Health, Welfare and Institutions02/13/18
notes: Provides that the annual report that is required to be filed by a guardian with the local department of social services must also include a report by a licensed physician, licensed psychologist, or other licensed professional who has examined the incapacitated person no more than 90 days prior to the end of the applicable reporting period. The bill further provides that a court may issue a summons or motion to show cause why the guardian has not filed a timely annual report upon notification from the local department of social services that such report has not been filed.
HB 278 - Collins - Compensation guardian ad litem appointed to represent a child; adjustment by the court. (H) Committee for Courts of Justice

(S) Committee for Courts of Justice
(G) Acts of Assembly Chapter text (CHAP0688)03/30/18
notes: Provides that a court may adjust the costs of a guardian ad litem's services for good cause shown or upon the failure of the guardian ad litem to substantially comply with the standards adopted for attorneys appointed as guardians ad litem.
HB 309 - Watts - Nursing homes; standards of care. (H) Committee on Health, Welfare and Institutions(H) Left in Health, Welfare and Institutions02/13/18
notes: Increases the staffing and care standards in nursing homes to require a minimum of specific direct care services to each resident per 24-hour period.
HB 324 - Campbell - Southwestern Virginia Training Center; closure of Center prohibited. (H) Committee on Appropriations(H) Left in Appropriations02/13/18
notes: Provides that the Southwestern Virginia Training Center shall not be closed and shall instead remain open and continue to accept new admissions of individuals with intellectual disability for whom treatment in a training center is appropriate.
HB 325 - Campbell - Southwestern Va. Training Center & the Central Va. Training Center; closure prohibited. (H) Committee on Appropriations(H) Left in Appropriations02/13/18
notes: Provides that the Southwestern Virginia Training Center and the Central Virginia Training Center shall not be closed and shall instead remain open and continue to accept new admissions of individuals with intellectual disability for whom treatment in a training center is appropriate.
HB 406 - Levine - Guardianship; communication between incapacitated persons & others, notification of relatives. (H) Committee for Courts of Justice(H) Left in Courts of Justice02/15/18
notes: Prohibits a guardian of an incapacitated person from restricting such incapacitated person's ability to communicate with, visit, or interact with other persons with whom the incapacitated person has expressed a desire to communicate with, visit, or interact with, or with whom the incapacitated person has an established relationship. The bill creates a means by which a guardian may petition the court to restrict such incapacitated person's right to communicate. The bill allows the court to restrict such communication for good cause shown but specifies that the court shall limit itself to the least restrictive means possible if it finds such a restriction to be necessary. The bill allows the court to require a guardian found to have brought such a petition in bad faith or not for the benefit of the incapacitated person to pay or reimburse all or some of the incapacitated person's reasonable costs and fees. The bill also specifies that such a finding may be grounds for termination of the guardianship appointment. The bill requires the guardian to notify certain relatives of the incapacitated person of certain life events of the incapacitated person, unless the guardian is notified in writing that any such relative does not wish to be notified or if there exists between such relative and the incapacitated person a protective order or court order otherwise prohibiting contact.
HB 456 - Filler-Corn - Health Professions, Department of; suspension of license, nonpayment of student loans. (H) Committee on Health, Welfare and Institutions(H) Left in Health, Welfare and Institutions02/13/18
notes: Repeals provisions authorizing an obligee to petition for and a circuit court to order the suspension of any state-issued license to engage in a health care profession or occupation when an obligor is delinquent or in default in the payment of a federally guaranteed or state-guaranteed educational loan or work-conditional scholarship.
HB 477 - Reid - Guardianship; communication between incapacitated persons and others. (H) Committee for Courts of Justice(H) Left in Courts of Justice02/15/18
notes: Prohibits a guardian of an incapacitated person from restricting such incapacitated person's ability to communicate with, visit, or interact with other persons with whom the incapacitated person has expressed a desire to communicate, visit, or interact or with whom the incapacitated person has an established relationship. The bill creates a means by which a guardian may petition the court to restrict such incapacitated person's right to communicate. The bill allows the court to restrict such communication for good cause shown but specifies that the court shall limit itself to the least restrictive means possible if it finds such a restriction to be necessary. The bill allows the court to require a guardian found to have brought such a petition in bad faith or not for the benefit of the incapacitated person to pay or reimburse all or some of the incapacitated person's reasonable costs and fees. The bill also specifies that such a finding may be grounds for termination of the guardianship appointment.
HB 479 - McQuinn - Barrier crimes; adult substance abuse and mental health treatment providers. (H) Committee on Health, Welfare and Institutions(H) Left in Health, Welfare and Institutions02/13/18
notes: Provides that a substance abuse or mental health treatment provider licensed by the Department of Behavioral Health and Developmental Services or a community services board or behavioral health authority may hire for compensated employment at an adult substance abuse or mental health treatment program a person who was convicted of any barrier crime, provided that the criminal behavior was substantially related to the person's substance abuse or mental illness and the person has been successfully rehabilitated and is not a risk to individuals receiving services.
HB 569 - Gooditis - Suicide prevention activities; Department of Behavioral Health and Developmental Services to report. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0370)03/19/18
notes: Requires the Commissioner of Behavioral Health and Developmental Services to report annually by December 1 to the Governor and the General Assembly on the Department's activities related to suicide prevention across the lifespan.
HB 607 - Carr - Recovery community organization pilot program; DBHDS to evaluate. (H) Committee on Appropriations(H) Left in Appropriations02/13/18
notes: Directs the Department of Behavioral Health and Developmental Services to implement a pilot program to evaluate the recovery community organization model of substance abuse treatment.
HB 758 - Leftwich - Death penalty; severe mental illness. (H) Committee for Courts of Justice(H) Left in Courts of Justice02/15/18
notes: Provides that a defendant in a capital case who had a severe mental illness, which is defined in the bill, at the time of the offense is not eligible for the death penalty. The bill establishes procedures for determining whether a defendant had a severe mental illness at the time of the offense and provides for the appointment of expert evaluators. When the defendant's severe mental illness is at issue, a determination will be made by the jury, or by the judge in a bench trial, as part of the sentencing proceeding, and the defendant bears the burden of proving his severe mental illness by a preponderance of the evidence.
HB 795 - Hope - Prisons; isolated confinement prohibited, exceptions. (H) Committee on Militia, Police and Public Safety(H) Left in Militia, Police and Public Safety02/13/18
notes: Prohibits placing an inmate who is a member of a vulnerable population, defined in the bill, in isolated confinement, also defined in the bill, or placing any inmate in isolated confinement for more than 15 consecutive days or 20 days in a 60-day period, unless (i) there is a facility-wide lockdown, (ii) isolated confinement is necessary because of a risk of harm to the inmate or others, (iii) the inmate is placed in medical isolation, or (iv) the inmate is placed in voluntary protective custody. The bill requires the Department of Corrections to implement policies and procedures regarding the use of isolated confinement, including training standards for its personnel, and to report to the Governor and the General Assembly on a semiannual basis on the use of isolated confinement. The bill also directs the Joint Subcommittee to Study Mental Health Services in the Commonwealth in the Twenty-First Century to study the prevalence of mental illness in jails and submit its findings and recommendations to the Governor and the General Assembly by December 1, 2019.
HB 806 - O'Quinn - Southwestern Virginia Training Center and Southeastern Virginia Training Center; closure prohibited. (H) Committee on Appropriations(H) Left in Appropriations02/13/18
notes: Provides that the Southwestern Virginia Training Center and the Southeastern Virginia Training Center shall not be closed and shall instead remain open and continue to accept new admissions of individuals with intellectual disability for whom treatment in a training center is appropriate.
HB 884 - Stolle - Treatment pursuant to judicial order; when provider not liable. (H) Committee for Courts of Justice(H) Left in Courts of Justice02/15/18
notes: Provides that a health care professional or licensed hospital shall not be liable for any cause of action arising from a claim that a person who received treatment pursuant to an emergency custody, temporary detention, or involuntary commitment order was not capable of consenting to such treatment or from a claim that a person who consented to treatment lacked the capacity to consent, if a judge or special justice has denied a petition for an emergency custody, temporary detention, or involuntary commitment order.
HB 886 - Stolle - Mental health treatment; admission regulations, toxicology results. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0791)04/06/18
notes: Requires the Board of Health to include in regulations governing hospitals a provision that requires every hospital that provides inpatient psychiatric services to establish a protocol that requires, for every refusal to admit a patient for whom there is a question of medical stability or medical appropriateness for admission due to toxicology results, the on-call physician in the psychiatric unit to which the patient is sought to be transferred to participate in direct verbal communication, either in person or via telephone, with a clinical toxicologist or other person who is a Certified Specialist in Poison Information employed by a poison control center that is accredited by the American Association of Poison Control Centers to review the results of the toxicology screen and determine whether a medical reason for refusing admission to the psychiatric unit related to the results of the toxicology screen exists.
HB 933 - Hope - Mandatory outpatient treatment; extends time period for adults and juveniles. (H) Committee for Courts of Justice(H) Left in Courts of Justice02/15/18
notes: Extends the time period for mandatory outpatient treatment for adults and juveniles from 90 days to 180 days.
HB 934 - Hope - Prisoners; medical and mental health treatment of those incapable of giving consent. (H) Committee for Courts of Justice

(S) Committee on Finance
(H) Failed to pass03/10/18
notes: Establishes a process for the sheriff or administrator in charge of a local or regional correctional facility to petition a court to authorize medical or mental health treatment for a prisoner in such facility who is incapable of giving informed consent for such treatment. The process parallels the existing process for the Director of the Department of Corrections to seek authorization to provide involuntary treatment to prisoners in state correctional facilities. The bill provides that the treatment ordered may be provided within a local or regional correctional facility if such facility is licensed to provide such treatment.
HB 935 - Hope - Mandatory outpatient treatment; consent. (H) Committee for Courts of Justice(H) Left in Courts of Justice02/15/18
notes: Eliminates the requirement that a person agree to abide by the plan for mandatory outpatient treatment before mandatory outpatient treatment may be ordered.
HB 1100 - Levine - Involuntary admission order; person may not possess, purchase or transport firearms. (H) Committee for Courts of Justice(H) Left in Courts of Justice02/15/18
notes: Provides that a person who is involuntarily admitted or ordered to mandatory outpatient treatment may not purchase, possess, or transport a firearm until his right to do so is restored by a court regardless of the outcome of any appeal of that order.
HB 1133 - Rasoul - Prisoners; medical and mental health treatment of those incapable of giving consent. (H) Committee for Courts of Justice(H) Left in Courts of Justice02/15/18
notes: Establishes a process for the sheriff or administrator in charge of a local or regional correctional facility to petition a court to authorize medical or mental health treatment for a prisoner in such facility who is incapable of giving informed consent for such treatment. The process parallels the existing process for the Director of the Department of Corrections to seek authorization to provide involuntary treatment to prisoners in state correctional facilities. The bill provides that the treatment ordered may be provided within a local or regional correctional facility if such facility is licensed to provide such treatment.
HB 1193 - Bell, Robert B. - Persons acquitted by reason of insanity; commitment for inpatient hospitalization. (H) Committee for Courts of Justice

(S) Committee for Courts of Justice
(G) Acts of Assembly Chapter text (CHAP0768)04/04/18
notes: Provides that a person who is convicted of an offense and acquitted by reason of insanity of another offense in the same proceeding must be committed for inpatient hospitalization, if the court finds such commitment is necessary to treat the person, before the person starts serving his sentence for the conviction. The bill provides that such person may not be released or discharged from inpatient hospitalization except into the custody of the correctional facility where he will serve his sentence and that the time the person is committed is not deducted from the length of his sentence. The bill also provides that the person in charge of a correctional facility must file a petition for the hospitalization of any person incarcerated in such facility if a court determines that such person requires inpatient hospitalization after being acquitted by reason of insanity for an offense.
HB 1347 - Webert - Controlled substances; reporting overdoses. (H) Committee on Health, Welfare and Institutions(H) Left in Health, Welfare and Institutions02/13/18
notes: Requires the Office of the Chief Medical Examiner, state and local law-enforcement agencies, emergency medical services agencies, and hospitals to report information about overdoses of controlled substances within 120 hours of receiving such information to the Office of the Secretary of Health and Human Resources and for the Secretary to make such information available to public health, law-enforcement, and emergency medical service agencies and fire departments and companies within 120 hours of receiving the information. The bill also requires the Secretary to report this information quarterly to the Governor and for such report to be made available to all public health, law-enforcement, and emergency medical services agencies in the Commonwealth. The bill is a recommendation of the Joint Commission on Health.
HB 1375 - Tyler - Mental health professional, qualified; broadens definition. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0171)03/05/18
notes: Broadens the definition of "qualified mental health professional" to include employees and independent contractors of the Department of Corrections who by education and experience are professionally qualified and registered by the Board of Counseling to provide collaborative mental health services.
HB 1383 - Rodman - Marriage and family therapy; clarifies definition, adds appraisal. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0375)03/19/18
notes: Provides that "marriage and family therapy" means the appraisal and treatment of cognitive, affective, or behavioral mental and emotional disorders within the context of marriage and family systems through the application of therapeutic and family systems theories and techniques and delivery of services to individuals, couples, and families, singularly or in groups, for the purpose of treating such disorders. Currently, "marriage and family therapy" means the assessment and treatment of such disorders.
HB 1429 - Carroll Foy - Social Services, Department of; collection of data regarding substance abuse. (H) Committee on Appropriations(H) Left in Appropriations02/13/18
notes: Provides that whenever the primary reason for removing a child from his home by a local board of social services is categorized as substance abuse by his parent or guardian, including removal due to in utero drug exposure, the Department of Social Services shall, to the extent possible, collect and record information regarding the specific drugs taken by the parent or guardian. The bill requires the Department to develop a process and system to collect, collate, and report such data by July 1, 2019, and to implement such process and system by July 1, 2020.
HB 1439 - Sickles - Assisted living facilities; regulations governing staff. (H) Committee on Health, Welfare and Institutions

(S) Committee on Rehabilitation and Social Services
(G) Acts of Assembly Chapter text (CHAP0248)03/09/18
notes: Directs the State Board of Social Services to amend regulations governing staffing of assisted living facilities that provide care for adults with serious cognitive impairments to allow an exception to certain requirements for assisted living facilities that are licensed for 10 or fewer residents if no more than three of the residents have serious cognitive impairments.
HB 1449 - Guzman - Family and Individual Support Waiver; reduce or eliminate the waiting list. (H) Committee on Health, Welfare and Institutions(H) Left in Health, Welfare and Institutions02/13/18
notes: Directs the Department of Medical Assistance Services to take measures to reduce or eliminate the Family and Individual Support Waiver waiting list for individuals who meet the Priority One criteria established by the Department.
HB 1604 - Bell, Robert B. - Health instruction; instruction to incorporate standards to recognize dimensions of mental health. (H) Committee on Education

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0392)03/19/18
notes: Requires health instruction to incorporate standards that recognize the multiple dimensions of health by including mental health and the relationship of physical and mental health so as to enhance student understanding, attitudes, and behavior that promote health, well-being, and human dignity. The bill also directs the Board of Education to review and update the health Standards of Learning for students in grades nine and 10 to include mental health.
HJ 118 - Bell, Robert B. - Independent living communities; Department of Social Services to study regulation of communities. (H) Committee on Rules

(S) Committee on Finance
(H) Bill text as passed House and Senate (HJ118ER)03/10/18
notes: Department of Social Services to study regulation of independent living communities. Report.
HJ 123 - Hope - Assisted living facilities; study an onsite temporary emergency electrical power sources. (H) Committee on Rules(H) Left in Rules02/13/18
notes: Directs the Joint Commission on Health Care to study (i) the feasibility of requiring an onsite temporary emergency electrical power source for licensed assisted living facilities and (ii) the services that assisted living facilities should be required to provide or continue to provide during an emergency.
SB 120 - Favola - Virginia Institutions of Higher Education Substance Use Advisory Committee; established. (H) Committee on General Laws

(S) Committee on Finance
(G) Acts of Assembly Chapter text (CHAP0210)03/09/18
notes: Directs the Board of Directors of the Virginia Alcoholic Beverage Control Authority (Board) to establish and appoint members to the Virginia Institutions of Higher Education Substance Use Advisory Committee (Advisory Committee). The bill provides that the goal of the Advisory Committee shall be to develop and update a statewide strategic plan for substance use education, prevention, and intervention at Virginia's public and private institutions of higher education. The bill provides that the Advisory Committee shall consist of representatives from Virginia's public and private institutions of higher education, including students and directors of student health, and such other members as the Board may deem appropriate.
SB 156 - Edwards - Guardians, licensed physician, etc.; annual reports. (S) Committee for Courts of Justice(S) Stricken at the request of Patron in Courts of Justice (9-Y 0-N)01/24/18
notes: Provides that the annual report that is required to be filed by a guardian with the local department of social services must also include a report by a licensed physician, licensed psychologist, or other licensed professional who has examined the incapacitated person no more than 90 days prior to the end of the applicable reporting period. The bill further provides that a court may issue a summons or motion to show cause why the guardian has not filed a timely annual report upon notification from the local department of social services that such report has not been filed.
SB 234 - Hanger - Autism Advisory Council; extends sunset provision. (H) Committee on Rules

(S) Committee on Rules
(G) Acts of Assembly Chapter text (CHAP0719)03/30/18
notes: Extends the sunset provision of the Autism Advisory Council from July 1, 2018, to July 1, 2020.
SB 245 - Surovell - Conversion therapy; prohibited by certain health care providers. (S) Committee on Education and Health(S) Passed by indefinitely in Education and Health (8-Y 7-N)01/18/18
notes: Prohibits any health care provider or person who performs counseling as part of his training for any profession licensed by a regulatory board of the Department of Health Professions from engaging in conversion therapy with any person under 18 years of age. The bill defines "conversion therapy" as any practice or treatment that seeks to change an individual's sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender. "Conversion therapy" does not include counseling that provides assistance to a person undergoing gender transition, or counseling that provides acceptance, support, and understanding of a person or facilitates a person's coping, social support, and identity exploration and development, including sexual-orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices, as long as such counseling does not seek to change an individual's sexual orientation or gender identity. The bill provides that no state funds shall be expended for the purpose of conducting conversion therapy, referring a person for conversion therapy, extending health benefits coverage for conversion therapy, or awarding a grant or contract to any entity that conducts conversion therapy or refers individuals for conversion therapy.
SB 267 - Howell - Sexually violent predators; evidence-based assessment protocol. (H) Committee on Health, Welfare and Institutions

(S) Committee on Rehabilitation and Social Services
(G) Acts of Assembly Chapter text (CHAP0841)04/18/18
notes: Provides that each month the Director of the Board of Corrections (the Director) shall review a database of prisoners convicted of sexually violent offenses and, using an assessment protocol approved by the Director and the Commissioner of Behavioral Health and Developmental Services (the Commissioner), identify all such prisoners who appear to meet the definition of a sexually violent predator and are scheduled for release from prison within 24 months from the date of such review. Current law specifies that the assessment protocol to be used is the Static-99 or a comparable, scientifically validated instrument designated by the Commissioner.
SB 305 - Dance - Cognitive impairment; VDH to include certain information in its public health outreach programs. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0468)03/23/18
notes: Directs the Department of Health, in partnership with the Alzheimer's Disease and Related Disorders Commission, the Department for Aging and Rehabilitative Services, and the Alzheimer's Association, to incorporate in its existing, relevant public health outreach programs information (i) to educate health care providers on the importance of early detection and timely diagnosis of cognitive impairment, validated cognitive assessment tools, the value of a Medicare Annual Wellness visit for cognitive health, and the new Medicare care planning billing code for individuals with cognitive impairment and (ii) to increase understanding and awareness of early warning signs of Alzheimer's disease and other types of dementia, the value of early detection and diagnosis, and how to reduce the risk of cognitive decline, particularly among persons in diverse communities who are at greater risk of developing Alzheimer's disease and other types of dementia.
SB 337 - Stuart - Autism, Commission on; established. (S) Committee on Rules(S) Incorporated by Rules (SB234-Hanger) (14-Y 0-N)02/09/18
notes: Establishes the Commission on Autism as an advisory commission in the executive branch of state government. The purpose of the Commission is to review and make recommendations for the improvement of services and programs for individuals with autism spectrum disorder.
SB 543 - Mason - Adult protective services; emergency order, temporary conservator. (H) Committee for Courts of Justice

(S) Committee for Courts of Justice
(G) Acts of Assembly Chapter text (CHAP0188)03/05/18
notes: Requires courts issuing an emergency order for adult protective services to (i) appoint, when applicable, a temporary conservator with responsibility and authority limited to managing the adult's estate and financial affairs related to the approved adult protective services until the expiration of the order and (ii) set the bond of the temporary guardian and the bond and surety, if any, of the temporary conservator. The bill allows the temporary conservator to petition the court to have the emergency order set aside or modified upon a substantial change in circumstances and requires the temporary conservator to submit to the court a report describing any services provided to the adult.
SB 670 - Deeds - Mental health awareness; training for firefighters and emergency medical services personnel. (H) Committee on Militia, Police and Public Safety

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0658)03/30/18
notes: Requires fire departments and emergency medical services agencies to develop curricula for mental health awareness training for their personnel. The bill provides that such personnel who receive the training shall receive appropriate continuing education credits.
SB 673 - Deeds - Emergency custody; extension of period of detention. (H) Committee for Courts of Justice

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0570)03/30/18
notes: Repeals the June 30, 2018, sunset on provisions authorizing a community services board to continue to attempt to identify a facility other than a state hospital that is able and willing to provide temporary detention and appropriate care to an individual who is subject to an emergency custody order for up to four hours after the period of emergency custody has run.
SB 692 - Deeds - Disabled parking placards; certification by mental health professional to DMV a person's disability. (S) Committee on Transportation(S) Continued to 2019 in Transportation (13-Y 0-N)01/24/18
notes: Allows mental health professionals to certify to the Department of Motor Vehicles a person's disability that limits or impairs his ability to walk, for the purpose of obtaining a disabled parking placard. The bill contains technical amendments.
SB 719 - Dunnavant - Substance Abuse Data Sharing and Analytics Clearinghouse; established, report. (S) Committee on General Laws and Technology(S) Incorporated by General Laws and Technology (SB580-Hanger) (14-Y 0-N)02/05/18
notes: Establishes a Substance Abuse Data Sharing and Analytics Clearinghouse (the Clearinghouse), to be administered by the Secretary of Health and Human Resources in consultation with the Substance Abuse Data Sharing and Analytics Advisory Committee (the Advisory Committee), also created by the bill. To the extent allowed by federal law, state and local health and human services and public safety agencies are required to provide data to the Clearinghouse to be used for data analytics and analysis related to improving the efficiency and efficacy of the treatment and prevention of substance abuse, with a focus on opioid addiction and abuse. The Secretary of Health and Human Resources may also enter into agreements with private entities and public institutions of higher education to further the goals of the Clearinghouse. The bill requires the Secretary to report annually to the Governor and the General Assembly regarding the results achieved through the use of the Clearinghouse, including the identification of cost savings and policy recommendations.

The Advisory Committee shall have 14 members, consisting of three members of the House of Delegates, two members of the Senate, the Secretaries of Health and Human Resources, Public Safety and Homeland Security, and Technology, and six nonlegislative citizen members representing local government, the medical profession, and community services boards. The Advisory Committee is charged with advising on all matters related to the Clearinghouse.

The bill also makes changes to the Government Data Collection and Dissemination Practices Act to codify that data sharing among state and local agencies in certain circumstances is a proper use of personal data.
SB 757 - Sturtevant - Certificate of public need; psychiatric beds and services. (S) Committee on Education and Health(S) Read third time and defeated by Senate (17-Y 22-N)02/13/18
notes: Repeals the requirement for a certificate of public need for certain projects involving mental hospitals or psychiatric hospitals and intermediate care facilities established primarily for the medical, psychiatric, or psychological treatment and rehabilitation of individuals with substance abuse. The bill creates a new permitting process for such projects, exempted from the certificate of public need process, that requires the Commissioner of Health to issue a permit upon the agreement of the applicant to certain charity care conditions and quality of care standards.
SB 762 - Barker - BHDS, State Board of; definition of "licensed mental health professional." (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0572)03/30/18
notes: Directs the State Board of Behavioral Health and Developmental Services (State Board) to amend regulations governing licensure of providers of behavioral health services to include (i) behavior analysts and (ii) assistant behavior analysts in the definition of "licensed mental health professional." The bill directs the State Board to promulgate regulations to implement the provisions of the act to be effective within 280 days of its enactment.
SB 801 - Favola - State correctional facilities; DOC, et al., to study patient-centered behavioral health services. (S) Committee on Rehabilitation and Social Services(S) Left in Rehabilitation and Social Services02/14/18
notes: Requests that the Department of Corrections, in collaboration with the Department of Behavioral Health and Developmental Services, study the provision of patient-centered behavioral health services in state correctional facilities.
SB 802 - Favola - Death penalty; severe mental illness. (S) Committee for Courts of Justice(S) Passed by indefinitely in Courts of Justice with letter (10-Y 4-N)01/17/18
notes: Provides that a defendant in a capital case who had a severe mental illness, which is defined in the bill, at the time of the offense is not eligible for the death penalty. The bill establishes procedures for determining whether a defendant had a severe mental illness at the time of the offense and provides for the appointment of expert evaluators. When the defendant's severe mental illness is at issue, a determination will be made by the jury, or by the judge in a bench trial, as part of the sentencing proceeding, and the defendant bears the burden of proving his severe mental illness by a preponderance of the evidence.
SB 835 - Peake - Central Virginia Training Center; closure prohibited. (S) Committee on Finance(S) Continued to 2019 in Finance (16-Y 0-N)02/06/18
notes: Provides that the Central Virginia Training Center shall not be closed and shall instead remain open.
SB 891 - Wagner - Assisted living facility administrator; exempt from licensure if licensed practical nurse. (S) Committee on Education and Health(S) Stricken at request of patron in Education and Health (14-Y 0-N)01/25/18
notes: Exempts from licensure by the Board of Long-Term Care Administrators any assisted living facility administrator who is a licensed practical nurse and serves as the administrator of an assisted living facility that provides care for not more than 20 residents. The bill allows such assisted living facility administrators to serve as the administrator of record for more than one assisted living facility, provided that the combined total of residents at such assisted living facilities does not exceed 20 residents.
SB 915 - Dunnavant - Medical assistance; increase access to certain services. (H) Committee on Appropriations

(S) Committee on Finance
(S) Failed to pass03/10/18
notes: Directs the Department of Medical Assistance Services to amend the Medicaid demonstration project (Project Number 11-W-00297/3) to create the Priority Needs Access Program to (i) increase the income eligibility for adults with serious mental illness from 100 to 138 percent of the federal poverty level; (ii) include in the benefit package inpatient hospital and emergency room services; (iii) expand program eligibility to individuals with a diagnosis of mental illness, substance use disorder, or a life-threatening or complex chronic medical condition; (iv) and include the entire population of the demonstration project in the Commonwealth Coordinated Care Plus managed care program. The bill also creates an annual hospital assessment for private acute care hospitals.
SB 918 - Ebbin - Professional and occupational regulation; authority to suspend or revoke licenses, certificates. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0381)03/19/18
notes: Repeals provisions authorizing an obligee to petition for and a circuit court to order the suspension of any state-issued license to engage in a health care profession or occupation when an obligor is delinquent or in default in the payment of a federally guaranteed or state-guaranteed educational loan or work-conditional scholarship.
SB 977 - Peake - Training center; clarifies definition. (H) Committee on Appropriations

(S) Committee on Education and Health
(H) Left in Appropriations03/06/18
notes: 01/19/18 Senate: Presented and ordered printed 18105581D pdf
SJ 14 - Edwards - Emergency custody and temporary detention; alternative models. (S) Committee on Rules(S) Passed by indefinitely in Rules with letter02/09/18
notes: Directs the Joint Subcommittee to Study Mental Health Services in the Commonwealth in the Twenty-First Century to study alternative models of emergency custody and temporary detention. In conducting its study, the joint subcommittee shall (i) identify alternative models of emergency custody and temporary detention, including Florida's Baker Act; (ii) evaluate such alternative models to identify the potential costs and benefits of such models; and (iii) make recommendations for changes to the Commonwealth's current model of emergency custody and temporary detention to improve outcomes for individuals in need of emergency custody and temporary detention and to improve public safety.
SJ 65 - Marsden - Solitary confinement; Department of Corrections to study. (S) Committee on Rules(S) Continued to 2019 in Rules02/09/18
notes: Requests the Department of Corrections, in consultation with the Department of Criminal Justice Services, to study the use of solitary confinement, including segregation and other forms of solitary confinement, by the Department of Corrections.
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