Legislative Update
Adult Mental Health
| Bills | Committee | Last action | Date |
|---|---|---|---|
| HB 251 - O'Bannon - Adult Fatality Review Team; created, report. | (H) Committee on Appropriations (S) Committee on Finance | (G) Acts of Assembly Chapter text (CHAP0539) | 03/17/08 |
| notes: As passed House: Establishes the Adult Fatality Review Team to review suspicious deaths of any incapacitated adult aged 18 or older and any adult aged 60 or older (i) who was the subject of an adult protective services investigation, (ii) whose death was due to abuse or neglect or acts that suggest abuse or neglect, or (iii) whose death came under the jurisdiction of the Office of the Chief Medical Examiner pursuant to § 32.1-283. The bill sets forth duties, membership, confidentiality, reporting, and other requirements for the team. The bill also creates a Freedom of Information Act exemption for information and records acquired during a review of any death conducted by a family violence fatality review team or during a review of any adult death conducted by the adult fatality review team to the extent made confidential by state law. | |||
| HB 253 - O'Bannon - Health Insurance, Bureau of; establishes division within State Corporation Commission. | (H) Committee on Commerce and Labor | (H) Continued to 2009 in Commerce and Labor | 01/22/08 |
| notes: Establishes a division within the State Corporation Commission, named the Bureau of Health Insurance, to administer the Commonwealth's health insurance laws. The new division is headed by a Commissioner of Health Insurance. The SCC's Bureau of Insurance, which currently administers the health insurance laws, will continue to be responsible for administering other insurance laws. | |||
| HB 267 - Albo - Involuntary admission; court determines petitioner is indigent, court shall appoint counsel. | (H) Committee on Appropriations (S) Committee on Agriculture, Conservation and Natural Resources | (S) Subject matter referred to Commission on Mental Health Law Reform pursuant to Senate Rule 20 (L) | 02/28/08 |
| notes: States that, upon a finding that a petitioner is indigent, the court shall appoint the petitioner counsel. | |||
| HB 401 - Hamilton - Emergency custody; who may accept custody. | (H) Committee on Health, Welfare and Institutions (S) Committee for Courts of Justice | (G) Acts of Assembly Chapter text (CHAP0775) | 04/14/08 |
| notes: Allows the location to which a person is transported pursuant to an emergency custody order to accept custody of the person where (i) the location is licensed to provide the level of security necessary to protect the person and others from harm, (ii) the location is actually able to provide the level of security necessary to protect the person and others from harm, and (iii) the location is willing to accept custody of the person. | |||
| HB 402 - Hamilton - Involuntary commitment petition; dismissal or withdrawal. | (H) Committee for Courts of Justice (S) Committee for Courts of Justice | (G) Acts of Assembly Chapter text (CHAP0776) | 04/14/08 |
| notes: Makes clarifying change regarding service of a petition for involuntary commitment, replacing the term "dismissed" with "withdrawn," since a petition cannot be dismissed until after a hearing on the petition has been held. | |||
| HB 475 - Cox - Veterans; Commissioner et al., to establish comprehensive program to address mental health needs. | (H) Committee on Appropriations (S) Committee on Finance | (G) Acts of Assembly Chapter text (CHAP0584) | 03/18/08 |
| notes: Requires that the Department, in cooperation with the Department of Mental Health, Mental Retardation and Substance Abuse Services and the Department of Rehabilitative Services, shall establish a program to monitor and coordinate mental health and rehabilitative services support for Virginia veterans and members of the Virginia National Guard and Virginia residents in the Armed Forces Reserves not in active federal service. | |||
| HB 499 - Hamilton - Involuntary commitment; establishes new standard for outpatient commitment. | (H) Committee on Appropriations (S) Committee for Courts of Justice | (G) Acts of Assembly Chapter text (CHAP0850) | 04/23/08 |
| notes: WATCH THIS BILL: Establishes a new standard for involuntary outpatient commitment authorizing involuntary commitment where the person has a mental illness and there exists a substantial likelihood that, as a result of mental illness, the person will, in the near future (i) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm, or (ii) suffer serious harm due to substantial deterioration of his capacity to protect himself from harm or to provide for his basic human needs. This bill also requires a provider of mental health services to disclose records to a magistrate, the court, the person's attorney, the examiner, a community services board (CSB) or behavioral health authority, or law-enforcement officer; authorizes a single four-hour extension of an emergency custody order; provides that a person under a temporary detention order may be released prior to 48 hours after the order is executed if the person does not pose a danger to himself or others; specifies records and evidence that must be reviewed prior to an independent examination; requires that a representative of the CSB preparing the preadmission screening report attend each commitment hearing; establishes additional requirements for outpatient commitment; requires an outpatient treatment plan be filed with the outpatient order; and clarifies the monitoring duty of the community services board. | |||
| HB 510 - Hamilton - Medical assistance plan; DMAS to contract with DMHMRSAS for mental health services. | (H) Committee on Appropriations | (H) Continued to 2009 in Appropriations | 01/30/08 |
| notes: Requires the Department of Medical Assistance Services to contract with the Department of Mental Health, Mental Retardation and Substance Abuse Services to provide mental health services to eligible individuals in underserved areas of the Commonwealth. | |||
| HB 535 - Mathieson - Involuntary mental health treatment; prohibition from purchasing, etc. firearms. | (H) Committee for Courts of Justice | (H) Incorporated by Courts of Justice (HB815-Albo) | 01/25/08 |
| notes: Clarifies that orders for both involuntary inpatient and outpatient mental health treatment must be forwarded by the clerk of court to the Central Criminal Records Exchange, and that persons ordered to either involuntary inpatient or outpatient treatment are prohibited from purchasing, possessing, or transporting a firearm. This bill codifies Executive Order 50 (2007). | |||
| HB 559 - Bell - Emergency custody orders, temporary detention orders, and involuntary commitment; criteria. | (H) Committee on Appropriations (S) Committee for Courts of Justice | (G) Acts of Assembly Chapter text (CHAP0779) | 04/14/08 |
| notes:
Bill to Watch: Changes the criteria for emergency custody orders, temporary detention orders, juveniles and involuntary commitment, including how that criteria is applied to prisoners and juveniles, so that a person may be taken into custody, temporarily detained, or involuntarily committed if the person is mentally ill and there exists a substantial likelihood that the person will, in the near future, cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening such harm or has been proven to be so seriously mentally ill as to be unable to care for himself. |
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| HB 560 - Bell - Commitment hearing; community services board representative, treating physician, etc. to attend. | (H) Committee on Appropriations (S) Committee for Courts of Justice | (G) Acts of Assembly Chapter text (CHAP0780) | 04/14/08 |
| notes: Requires the independent examiner and the community services board employee or designee who prepared the prescreening report, or if the hearing occurs in a different jurisdiction, an employee or designee of the local community services board or behavioral health authority serving that jurisdiction, to attend the commitment hearing. | |||
| HB 657 - Griffith - Involuntary mental health treatment; prohibition from purchasing, etc. firearms. | (H) Committee for Courts of Justice | (H) Incorporated by Courts of Justice (HB815-Albo) | 01/25/08 |
| notes: Clarifies that orders for both involuntary inpatient and outpatient mental health treatment must be forwarded by the clerk of court to the Central Criminal Records Exchange, and that persons ordered to either involuntary inpatient or outpatient treatment are prohibited from purchasing, possessing, or transporting a firearm. This portion of the bill codifies Executive Order 50 (2007). The bill also clarifies that clerks of court shall forward to the Central Criminal Records Exchange other orders affecting an individual's right to possess a firearm, such as if a person is acquitted by reason of insanity, is found incompetent to stand trial, or has the right to possess a firearm restored by a circuit court. | |||
| HB 707 - Janis - Involuntary commitment hearings; person shall be held in custody until released to secure facility. | (H) Committee on Health, Welfare and Institutions (S) Committee for Courts of Justice | (G) Acts of Assembly Chapter text (CHAP0728) | 04/14/08 |
| notes: States that a person who is subject to an involuntary commitment hearing under a temporary detention order shall be held in custody until released to a secure facility or released from custody by court order. | |||
| HB 708 - Janis - Temporary detention orders; admission as evidence. | (H) Committee for Courts of Justice (S) Committee for Courts of Justice | (G) Acts of Assembly Chapter text (CHAP0786) | 04/14/08 |
| notes: Clarifies that temporary detention orders and the records pertaining thereto are admissible as evidence because they are considered judicial records. | |||
| HB 709 - Janis - Firearms; person legally incompetent, etc. prohibited from purchasing, possessing or transporting. | (H) Committee on Militia, Police and Public Safety (S) Committee for Courts of Justice | (G) Acts of Assembly Chapter text (CHAP0854) | 04/23/08 |
| notes: Requires that a person seeking to purchase a firearm from a firearms dealer answer questions on the state background check consent form concerning whether the applicant has ever been acquitted by reason of insanity, been adjudicated legally incompetent or mentally incapacitated, or been involuntarily admitted to a facility or involuntarily ordered to out-patient mental health treatment. | |||
| HB 710 - Janis - Self defense and defense of others; person occupying dwelling may justify when unlawful entry. | (H) Committee for Courts of Justice (S) Committee for Courts of Justice | (S) Passed by indefinitely in Courts of Justice (11-Y 4-N) | 02/18/08 |
| notes: Provides that any person who lawfully occupies a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when the other person has unlawfully entered the dwelling, has committed an overt act toward the occupant or another person in the dwelling, and the occupant reasonably believes he or another person in the dwelling is in imminent danger of bodily harm. The bill also provides that a person who uses justifiable force against an intruder shall be immune from civil liability for injuries or death of the other person. | |||
| HB 713 - Janis - Protective orders, preliminary; court to extend if respondent fails to appear at hearing. | (H) Committee for Courts of Justice (S) Committee for Courts of Justice | (G) Acts of Assembly Chapter text (CHAP0128) | 03/05/08 |
| notes: Allows the court to extend a preliminary protective order for a period of up to six months if the respondent fails to appear at the hearing. Language mirrors subsection B of § 16.2-253.1, relating to preliminary protective orders in family abuse cases. | |||
| HB 735 - Caputo - Involuntary commitment hearings; third-year law students may represent petitioner. | (H) Committee for Courts of Justice | (H) Continued to 2009 in Courts of Justice | 02/01/08 |
| notes: Provides that it is not the unauthorized practice of law for a third-year law student enrolled at any law school in the Commonwealth to represent a petitioner in a commitment hearing for involuntary admission without the presence of a practicing attorney. The student must have completed coursework in evidence and trial advocacy and training. The student must inform the petitioner that he is not a licensed attorney, that he may not be compensated for his services, and that he can be held liable only for intentional malfeasance. | |||
| HB 737 - Caputo - Independent examiner; records to be reviewed. | (H) Committee for Courts of Justice | (H) Incorporated by Courts of Justice (HB1144-Fralin) | 01/25/08 |
| notes: Requires that the independent examiner review, at a minimum, the medical records of the person who is the subject of an involuntary commitment hearing, the prescreening report, and any other relevant, readily accessible reports, records, and evidence related to the person who is the subject of an involuntary commitment hearing, prior to conducting an examination. This bill also requires that the independent examiner certify at the hearing that he has reviewed the medical records of the person who is the subject of an involuntary commitment hearing, the prescreening report, and all other relevant, readily accessible reports, records, and evidence related to the person who is the subject of the hearing. | |||
| HB 741 - Caputo - Involuntary mental health treatment; prohibition from purchasing, etc. firearms. | (H) Committee for Courts of Justice | (H) Incorporated by Courts of Justice (HB815-Albo) | 01/25/08 |
| notes: Clarifies that orders for both involuntary inpatient and outpatient mental health treatment must be forwarded by the clerk of court to the Central Criminal Records Exchange, and that persons ordered to either involuntary inpatient or outpatient treatment are prohibited from purchasing, possessing, or transporting a firearm. This bill codifies Executive Order 50 (2007). | |||
| HB 751 - Peace - Involuntary commitment hearings; accessibility of results by colleges and universities. | (H) Committee on Health, Welfare and Institutions | (H) Continued to 2009 in Health, Welfare and Institutions | 01/29/08 |
| notes: Allows colleges and universities to access the outcome of an involuntary commitment hearing by making a motion to the court. | |||
| HB 752 - Peace - Higher educational institutions; mental health record release authorization when enrolling. | (H) Committee on Education | (H) Continued to 2009 in Education | 02/04/08 |
| notes: Requires institutions of higher education to obtain a mental health record release authorization from students prior to enrollment. | |||
| HB 753 - Peace - Virginia Criminal Information Network (VCIN); protective order information sent thereto, expiration. | (H) Committee for Courts of Justice (S) Committee for Courts of Justice | (G) Acts of Assembly Chapter text (CHAP0073) | 03/04/08 |
| notes: Provides that when a protective order is issued, a court shall immediately enter and transfer information to the Virginia Criminal Information Network (VCIN) system. A copy of such order shall also be delivered immediately to the primary law-enforcement agency responsible for service and entry of such orders for service on the person who is the subject of the order. The bill also establishes the precise time when protective orders expire so that they can automatically be cleared from VCIN. The bill also requires that clerks make electronic reports of certain proceedings or adjudications to the Central Criminal Records Exchange and defines the term "electronic report." | |||
| HB 765 - Tata - Emergency custody or temporary detention order; payment of cost of transportation. | (H) Committee on Health, Welfare and Institutions | (H) Stricken from docket by Health, Welfare and Institutions | 01/22/08 |
| notes: Adds provision that the cost of transportation of a person pursuant to an emergency custody order or temporary detention order shall be paid by the Commonwealth from the same funds as for care in jail. | |||
| HB 782 - Kilgore - Mental health records; disclosure, etc. | (H) Committee for Courts of Justice | (H) Left in Courts of Justice | 02/12/08 |
| notes: Mandates disclosure of the subject of an involuntary commitment procedure's records to any magistrate, court, mental health examiner, community services board, or behavioral health authority, or law-enforcement officer involved in the proceeding, and provides civil immunity for the health entities making such disclosure. Also requires public colleges and universities to develop policies designating campus law-enforcement and health center employees as school officials with an educational interest in school records, for the purpose of facilitating disclosure under the Family and Educational Privacy Rights Act. | |||
| HB 815 - Albo - Voluntary admission; report to Central Criminal Records Exchange. | (H) Committee for Courts of Justice (S) Committee for Courts of Justice | (G) Acts of Assembly Chapter text (CHAP0788) | 04/14/08 |
| notes: Adds to the section requiring reporting of involuntary commitment persons who were the subject of a temporary detention order and who subsequently agreed to voluntary commitment. | |||
| HB 816 - Albo - Outpatient treatment; community services board et al., to report any material noncompliance. | (H) Committee for Courts of Justice | (H) Incorporated by Courts of Justice (HB499-Hamilton) | 01/25/08 |
| notes: Provides that the community services board, behavioral health authority, or designated provider charged with monitoring a person's compliance with an involuntary outpatient treatment order shall report any material noncompliance, including a failure to take medication, with that order to the judge or special justice. Upon receipt of a report of material noncompliance, the judge or special justice shall issue a temporary detention order and then proceed to hold an involuntary commitment hearing, as a result of which the court may revoke outpatient treatment and order the person's involuntary commitment. | |||
| HB 835 - Moran - Firearms; misdemeanor to possess, etc. if mentally incompetent. | (H) Committee for Courts of Justice | (H) Incorporated by Courts of Justice (HB815-Albo) | 02/08/08 |
| notes: Provides that it is a Class 1 misdemeanor for a person who has been adjudicated incompetent to stand trial to purchase, possess, or transport any firearm. The bill also requires the court to send to the Central Criminal Records Exchange orders finding that a defendant is incompetent to stand trial and orders for involuntary treatment. | |||
| HB 873 - Johnson - Concealed handgun permits; proof of competency with handgun. | (H) Committee on Militia, Police and Public Safety (S) Committee for Courts of Justice | (G) Acts of Assembly Chapter text (CHAP0309) | 03/11/08 |
| notes: Clarifies that any honorable discharge from any branch of the armed serves may serve as the proof of competency required to obtain a concealed handgun permit, regardless of the year that the honorable discharge was issued. | |||
| HB 937 - Gilbert - Involuntary outpatient treatment; disclosure of medical information. | (H) Committee on Health, Welfare and Institutions | (H) Tabled in Health, Welfare and Institutions | 01/31/08 |
| notes: Clarifies that health care providers who are treating a person under an outpatient treatment order may disclose information, including heath records of the patient, to determine the person's compliance with the treatment order. | |||
| HB 938 - Gilbert - Involuntary commitment hearings; petitioner right to appeal. | (H) Committee for Courts of Justice (S) Committee on Agriculture, Conservation and Natural Resources | (S) Subject matter referred to Commission on Mental Health Law Reform pursuant to Senate Rule 20 (L) | 02/28/08 |
| notes: Gives the petitioner the right to appeal a decision by the judge or special justice not to involuntarily commit a respondent. | |||
| HB 939 - Gilbert - Involuntary commitment order; detainee may petition court to transfer to outpatient treatment. | (H) Committee for Courts of Justice (S) Committee on Agriculture, Conservation and Natural Resources | (S) Subject matter referred to Commission on Mental Health Law Reform pursuant to Senate Rule 20 (L) | 02/28/08 |
| notes: Provides that the person subject to an involuntary commitment order may petition the judge or special justice to order that he be transferred to involuntary outpatient treatment or released. Upon consideration of the petition, the judge or special justice may hold a commitment hearing within 10 days. Only one such petition may be filed during each involuntary commitment hearing. | |||
| HB 948 - Iaquinto - Community services board employees; legal fees and expenses. | (H) Committee on Health, Welfare and Institutions | (H) Tabled in Health, Welfare and Institutions | 01/31/08 |
| notes: Allows an employee of a community services board who is arrested, indicted or otherwise prosecuted on any charge arising out of any act committed in the discharge of his official duties, against whom the charge is subsequently dismissed or in whose case a verdict of not guilty is subsequently rendered, to request and receive payment for all or a portion of the legal fees and expenses incurred in defending the charge from the community services board by which he is employed. | |||
| HB 1004 - Bell - Advance directives; mental health directives follows same procedures as for medical. | (H) Committee on Health, Welfare and Institutions | (H) Continued to 2009 in Health, Welfare and Institutions | 01/29/08 |
| notes: Allows for mental health advance directives, by following the same procedures as for medical advance directives. A mental health advance directive may set forth procedures or instructions with regard to mental health treatment, including consent to or refusal of mental health treatment. | |||
| HB 1005 - Bell - Higher educational institutions; notification to parent of mental health treatment for student. | (H) Committee on Education (S) Committee on Education and Health | (G) Acts of Assembly Chapter text (CHAP0441) | 03/14/08 |
| notes: Requires the board of visitors or other governing board of any public institution of higher education to establish policies and procedures requiring the notification of a parent of a dependent student when such student receives mental health treatment at the institution's student health or counseling center and it has been determined that the student may cause serious bodily harm to himself or others. | |||
| HB 1006 - Bell - Emergency custody order and temporary detention order hearings; evidence. | (H) Committee on Health, Welfare and Institutions | (H) Tabled in Health, Welfare and Institutions | 01/24/08 |
| notes: Clarifies that a magistrate may consider any past actions of the person, past mental health treatment of the person, medical records, hearsay evidence, any affidavits submitted, or any other relevant information when deciding whether to issue an emergency custody order or temporary detention order. | |||
| HB 1040 - Griffith - Health records; providing information after execution of search warrant, etc. | (H) Committee on Health, Welfare and Institutions (S) Committee on Education and Health | (G) Acts of Assembly Chapter text (CHAP0315) | 03/11/08 |
| notes: Clarifies that regardless of the manner by which health records relating to an individual are compelled to be disclosed pursuant to a subpoena, search warrant, or court order, nothing prohibits any staff or employee of a health care entity from providing information about such individual to a law-enforcement officer in connection with such subpoena, search warrant, or court order. | |||
| HB 1059 - Amundson - Emergency custody orders, temporary detention orders, and involuntary commitment; criteria. | (H) Committee for Courts of Justice | (H) Incorporated by Courts of Justice (HB559-Bell) | 01/25/08 |
| notes: Changes the criteria for emergency custody orders, temporary detention orders, and involuntary commitment so that a person may be taken into emergency custody, placed under temporary detention, or involuntarily committed where it is found that (i) the person has a mental illness, and (ii) there exists a substantial likelihood that, as a result of that mental illness, the person will, in the near future, (a) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm, or (b) suffer serious harm due to substantial deterioration of his capacity to protect himself from harm or to provide for his basic human needs. | |||
| HB 1064 - Brink - Veterans; Commissioner et al., to establish comprehensive program to address mental health needs. | (H) Committee on General Laws | (H) Incorporated by General Laws (HB475-Cox) | 02/05/08 |
| notes: Requires the Commissioner of Veterans Services to develop, in cooperation with the Department of Mental Health, Mental Retardation and Substance Abuse Services and the Department of Rehabilitative Services, a strategy for coordinating the various programs that address the unique mental health needs of veterans, including post-traumatic stress disorder and traumatic brain injuries, and to seek additional federal, state, and private sources of funding for such programs. | |||
| HB 1139 - Fralin - Involuntary commitment; consideration of preadmission screening report. | (H) Committee for Courts of Justice | (H) Incorporated by Courts of Justice (HB1144-Fralin) | 01/25/08 |
| notes: Requires the judge or special justice to consider the written prescreening report, even if the community services board or behavioral health authority representative presents the report orally at the hearing. | |||
| HB 1144 - Fralin - Temporary detention order; magistrate may consider recommendation of examining physician, etc. | (H) Committee for Courts of Justice (S) Committee for Courts of Justice | (G) Acts of Assembly Chapter text (CHAP0793) | 04/14/08 |
| notes: Allows the special justice to hear and consider hearsay evidence during the commitment hearing. | |||
| HB 1146 - Fralin - Medical records; persons involved in civil commitment process to access. | (H) Committee for Courts of Justice | (H) Left in Courts of Justice | 02/12/08 |
| notes: Allows persons involved in the civil commitment process to access the medical records of the person who is the subject of the civil commitment process. | |||
| HB 1168 - Eisenberg - Temporary detention order; prohibits purchasing firearms if agrees to mental health treatment. | (H) Committee for Courts of Justice | (H) Incorporated by Courts of Justice (HB815-Albo) | 01/25/08 |
| notes: Prohibits a person who is the subject of a temporary detention order and subsequently agrees to voluntary admission to a mental health facility from purchasing or possessing a firearm. The bill also clarifies existing law that prohibits a person who has been involuntarily committed to inpatient treatment or who is ordered to involuntary outpatient treatment from purchasing or possessing a firearm. | |||
| HB 1203 - Melvin - Mental health and substance abuse treatment providers; background checks. | (H) Committee on Health, Welfare and Institutions (S) Committee on Education and Health | (G) Acts of Assembly Chapter text (CHAP0383) | 03/11/08 |
| notes: Allows community services boards and providers licensed by the Department of Mental Health, Mental Retardation and Substance Abuse Services to hire as a direct care employee in adult substance abuse or mental health treatment programs someone with certain misdemeanor assault and battery convictions as long as such offences were substantially related to substance abuse or mental illness and the applicant has been rehabilitated. | |||
| HB 1237 - Jones, D.C. - Inmates; emergency psychiatric treatment. | (H) Committee for Courts of Justice | (H) Incorporated by Courts of Justice (HB559-Bell) | 01/25/08 |
| notes: Establishes a new standard for hospitalizing mentally ill criminal defendants. Hospitalization may occur when the defendant has a mental illness and there exists a substantial likelihood that, as a result of that mental illness, the defendant will, in the near future, cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm. Under current law the standard is "imminently dangerous to himself or others." The provision applies to pretrial, after conviction but before sentencing, and after sentencing. The bill specifies that the evaluation must be done face-to-face by an employee of the community services board or its designee who is skilled in the assessment and treatment of mental illness and has completed a certification program approved by the Department of Mental Health, Mental Retardation and Substance Abuse Services. | |||
| HB 1251 - Fralin - Institutions of higher education; notification of mental health treatment. | (H) Committee on Education | (H) Incorporated by Education (HB1005-Bell) | 02/04/08 |
| notes: Requires the board of visitors or other governing board of any public institution of higher education to establish policies and procedures requiring the notification of a parent of a dependent student when such student receives mental health treatment at the institution's student health or counseling center and the student is found to be a danger to himself or others. | |||
| HB 1322 - Toscano - Involuntary outpatient treatment; court to determine treatment of orders. | (H) Committee for Courts of Justice | (H) Incorporated by Courts of Justice (HB499-Hamilton) | 01/25/08 |
| notes: Specifies that the court shall determine the specific course of treatment for outpatient treatment orders, and the community service board (CSB), the behavioral health authority (BHA), or a designated service provider shall notify the court of noncompliance. Also states that the clerk shall certify the order and send a copy of the same to the CSB, BHA, designated service provider, and the person who is the subject of the order. | |||
| HB 1323 - Toscano - Temporary detention order; magistrates to issue based on recommendation of treating physicians. | (H) Committee on Health, Welfare and Institutions (S) Committee on Education and Health | (G) Acts of Assembly Chapter text (CHAP0331) | 03/11/08 |
| notes: Allows magistrates to issue TDOs based on the recommendations of emergency physicians trained to perform emergency psychiatric evaluations. | |||
| HB 1324 - Toscano - Mental health records; mandatory sharing. | (H) Committee for Courts of Justice | (H) Incorporated by Courts of Justice (HB576-Watts) | 01/25/08 |
| notes: Requires mental health care providers to share the medical information of persons, including juveniles and incarcerated persons, who are being examined pursuant to the civil commitment process with magistrates, courts and others involved in the evaluation of the person. | |||
| HB 1475 - Eisenberg - Central Criminal Records Exchange; clarifies orders for mental health treatment forwarded by court. | (H) Committee for Courts of Justice | (H) Incorporated by Courts of Justice (HB815-Albo) | 01/25/08 |
| notes: Clarifies that orders for both involuntary inpatient and outpatient mental health treatment must be forwarded by the clerk of court to the Central Criminal Records Exchange, and that persons ordered to either involuntary inpatient or outpatient treatment are prohibited from purchasing, possessing, or transporting a firearm. This bill codifies Executive Order 50 (2007). | |||
| HB 1491 - Nutter - Temporary detention order; shall not exceed 96 hours. | (H) Committee on Appropriations | (H) Incorporated by Appropriations (HB499-Hamilton) | 02/08/08 |
| notes: Provides that the duration of temporary detention shall not exceed 96 hours. | |||
| HB 1517 - Marsden - Criminal Records Exchange; prohibits person with mental health treatment from purchasing firearms. | (H) Committee for Courts of Justice | (H) Incorporated by Courts of Justice (HB815-Albo) | 02/01/08 |
| notes: Prohibits a person who is the subject of a temporary detention order and subsequently agrees to voluntary admission to a mental health facility from purchasing or possessing a firearm. The bill also clarifies existing law that prohibits a person who has been involuntarily committed to inpatient treatment or who is ordered to involuntary outpatient treatment from purchasing or possessing a firearm. | |||
| HB 1518 - Marsden - Emergency protective orders; Executive Secretary to allow magistrates to use preliminary orders. | (H) Committee for Courts of Justice | (H) Continued to 2009 in Courts of Justice | 02/08/08 |
| notes: Directs the Office of the Executive Secretary of the Supreme Court to allow magistrates in Accomack County not to use emergency custody orders but to instead use preliminary protective orders. | |||
| HJ 215 - Tyler - Jails, local and regional; joint subcommittee to study mental health services. | (H) Committee on Rules | (H) Left in Rules | 02/12/08 |
| notes: Creates a joint subcommittee to study mental health services in local and regional jails, including determining the need for mental health services in the Commonwealth's local and regional jails, identifying barriers to the provision of necessary services, and developing recommendations for actions to initiate or improve services to persons with mental illness incarcerated in the Commonwealth's local and regional jails. | |||
| SB 47 - Whipple - Advance directives; mental health directives follows same procedures as for medical. | (S) Committee on Agriculture, Conservation and Natural Resources | (S) Subject matter referred to Commission on Mental Health Law Reform pursuant to Senate Rule 20 (L) | 01/31/08 |
| notes: Allows for mental health advance directives, by following the same procedures as for medical advance directives. A mental health advance directive may set forth procedures or instructions with regard to mental health treatment, including consent to or refusal of mental health treatment. | |||
| SB 58 - Howell - Emergency custody order; renewal. | (S) Committee for Courts of Justice | (S) Stricken at the request of Patron in Courts of Justice (15-Y 0-N) | 01/16/08 |
| notes: Allows a single, four-hour extension of an emergency custody order upon a finding by a magistrate that good cause exists for such an extension | |||
| SB 64 - Howell - Community services board; adds crisis stabilization, outpatient, etc. to list of core services. | (S) Committee on Agriculture, Conservation and Natural Resources | (S) Subject matter referred to Commission on Mental Health Law Reform pursuant to Senate Rule 20 (L) | 01/31/08 |
| notes: Adds crisis stabilization, outpatient, respite, in-home, and residential and housing services to the list of core services required to be provided by community services boards. | |||
| SB 68 - Howell - Involuntary commitment petition; dismissal or withdrawal. | (H) Committee for Courts of Justice (S) Committee for Courts of Justice | (G) Acts of Assembly Chapter text (CHAP0140) | 03/05/08 |
| notes: Makes clarifying change regarding service of a petition for involuntary commitment, replacing the term "dismissed" with "withdrawn," since a petition cannot be dismissed until after a hearing on the petition has been held. | |||
| SB 75 - Cuccinelli - Community services board; requires employee that prepared report to attend hearing. | (S) Committee for Courts of Justice | (S) Incorporated by Courts of Justice (SB246-Howell) (13-Y 0-N) | 01/28/08 |
| notes: Requires that an employee of the community services board that prepared the preadmission screening report attend the involuntary commitment hearing. The bill provides that where in person attendance is not practicable, attendance may be by electronic means. Further it provides that where the hearing is held in the jurisdiction of another community services board, an employee of the community services board serving that jurisdiction may attend on behalf of the community services board that prepared the preadmission screening report. | |||
| SB 78 - Cuccinelli - Involuntary commitment; time frame for examination of person by independent examiner. | (S) Committee for Courts of Justice | (S) Incorporated by Courts of Justice (SB246-Howell) (13-Y 0-N) | 01/28/08 |
| notes: Requires that the examination of a person who is the subject of an involuntary commitment hearing be completed within 48 hours of the execution of the temporary detention order but sufficiently in advance of the hearing so as to ensure sufficient time for a thorough examination. | |||
