Legislative Update

Adult Mental Health

Bills	Committee	Last action	Date
HB 16 - Habeeb - Civil rights; automatically restored to certain persons for eligibilty to register to vote.	(H) Committee on Militia, Police and Public Safety	(H) Left in Militia, Police and Public Safety	02/14/12
notes: SUMMARY AS INTRODUCED: Restoration of civil rights. Provides for the automatic restoration of civil rights to persons convicted of nonviolent felonies (excepting felony drug and election fraud crimes) upon completion of sentence, including any term of probation or parole, and the payment of all restitution, fines, costs, and fees assessed as a result of the felony conviction.
HB 192 - Lewis - State facilities; reporting requirements of critical incidents involving consumers.	(H) Committee on Health, Welfare and Institutions (S) Committee on Education and Health	(G) Acts of Assembly Chapter text (CHAP0138)	03/07/12
notes: SUMMARY AS PASSED HOUSE: State facilities; reporting of critical incidents involving consumers. Requires the director of each state hospital and training center to notify the authorized representative of a consumer, or other person identified by the consumer, when the consumer is involved in a critical incident, which is defined as serious bodily injury or loss of consciousness requiring medical treatment.
HB 409 - Watts - Financial exploitation of elderly or incapacitated adults; guilty of a Class 5 felony, etc.	(H) Committee for Courts of Justice	(H) Incorporated by Courts of Justice (HB987-Loupassi)	01/30/12
notes: SUMMARY AS INTRODUCED: Financial exploitation of elderly and incapacitated; penalty. Provides that any person who knowingly exploits the impaired mental or physical capacity of an incapacitated adult or an adult (defined in the section as 60 years old or older) by deception, intimidation, undue influence, coercion, harassment, duress, or misrepresentation to use, obtain, convert, or take control of or endeavor to use, obtain, convert, or take control of the incapacitated adult%92s or adult%92s money, assets, property, or financial resources with the intent to deprive the incapacitated adult or adult of the use, benefit, or possession of the money, assets, property, or financial resources and to convert such money, assets, property, or financial resources to the perpetrator%92s own use or benefit is guilty of a Class 5 felony. However, any responsible person or a person who has a fiduciary relationship with the incapacitated adult or adult who commits such a violation is guilty of a Class 3 felony. It is not a defense that the accused did not know the age of the victim.
HB 638 - Stolle - Judicial authorization of treatment; advance directives.	(H) Committee for Courts of Justice (S) Committee for Courts of Justice	(G) Acts of Assembly Chapter text (CHAP0378)	03/23/12
notes: SUMMARY AS PASSED HOUSE: (all summaries) Judicial authorization of treatment; advance directives. Provides that a court may authorize medical treatment for an incapacitated person when there is no available person with legal authority to make such decisions under (i) the advance directive of the incapacitated person; (ii) the regulations promulgated by the State Board of Behavioral Health and Developmental Services; or (iii) other applicable law. The court may not authorize treatment that is contrary to the provisions of an advance directive or is proven by a preponderance of the evidence to be contrary to the incapacitated person's religious beliefs, basic values, or specific preferences as stated by the person before becoming incapable of making an informed decision, unless the treatment is necessary to prevent death or a serious irreversible condition. The bill also authorizes restraint or transportation of an incapacitated person if necessary for treating a mental disorder of a person subject to an order of involuntary admission. This bill is identical to SB 371.
HB 662 - Surovell - Community Colleges, State Board for; development of mental health services.	(H) Committee on Education	(H) Left in Education	02/14/12
notes: SUMMARY AS INTRODUCED: State Board for Community Colleges; mental health services. Requires the State Board for Community Colleges to develop standards and policies directing community colleges to adopt, incrementally and as resources become available, a mental health services action plan.
HB 697 - Filler-Corn - Higher educational institutions; mental health policies.	(H) Committee on Education	(H) Continued to 2013 in Education	02/08/12
notes: SUMMARY AS INTRODUCED: Higher education; mental health. Requires the governing boards of each public institution of higher education to develop and implement a policy requesting each student to identify points of contact to be notified should the student experience a mental health crisis while attending the institution. The policy may require the student to waive any privacy or confidentiality privilege granted to him under law and related to mental health care if a crisis were to arise and the points of contact were to be notified.
HB 700 - Filler-Corn - Crimes against incapacitated or elder adults; penalty.	(H) Committee for Courts of Justice	(H) Incorporated by Courts of Justice (HB987-Loupassi)	01/30/12
notes: SUMMARY AS INTRODUCED: Crimes against incapacitated or elder adults; penalty. Provides that any person who commits an offense set forth in Chapter 4 (crimes against the person), Chapter 5 (crimes against property), or Chapter 6 (crimes involving fraud) of Title 18.2, knowing or having reason to know that the victim of the offense is an incapacitated or elder adult is guilty of a separate and distinct Class 1 misdemeanor if the underlying offense is a misdemeanor and a separate and distinct Class 6 felony if the underlying offense is a felony. The bill also provides that if the offender is a person responsible for the care of the victim, punishment shall include a mandatory minimum term of confinement of 30 days if the underlying offense is a misdemeanor and a mandatory minimum term of confinement of six months if the underlying offense is a felony.
HB 715 - Kilgore - Health plan, State; makes changes to appeals process for complaints.	(H) Committee on General Laws (S) Committee on General Laws and Technology	(G) Acts of Assembly Chapter text (CHAP0060)	03/01/12
notes: SUMMARY AS INTRODUCED: Department of Human Resource Management; state health plan. Makes necessary changes to the appeals process for complaints relating to the state health plan to conform Virginia law to federal health care reform. The bill removes the provision that coverage for certain mental disorders not be diminished or reduced below the coverage in effect for such disorders on January 1, 1999. This bill is identical to SB 499.
HB 853 - Yost - Suicidal students; higher educational institutions shall develop policies addressing.	(H) Committee on Education (S) Committee on Education and Health	(G) Acts of Assembly Chapter text (CHAP0697)	04/09/12
notes: SUMMARY AS PASSED HOUSE: Policies addressing suicidal students. The bill deletes repetitive language permitting universities to establish policies regarding students who are a danger to themselves or others; this section and another on violence prevention already permit such policies. This bill is identical to SB 458.
HB 882 - Sickles - Financial exploitation of elderly or vulnerable adults; penalty.	(H) Committee for Courts of Justice	(H) Incorporated by Courts of Justice (HB987-Loupassi)	01/30/12
notes: SUMMARY AS INTRODUCED: Financial exploitation of elderly or vulnerable adults; barrier crimes; penalty. Provides that it is a Class 5 felony to knowingly, by deception, intimidation, undue influence, coercion, harassment, duress, or misrepresentation, use, obtain, convert, or take control of an elderly or vulnerable adult's property or financial resources with the intent to temporarily or permanently deprive the adult of the use, benefit, or possession of the property or financial resources. If the violation is by a caregiver or person with a fiduciary relationship, it is a Class 3 felony. The bill also prohibits a person convicted of the offense from working at a nursing home, home care organization, hospice, assisted living facility, adult day care center, or state facility of the Department of Behavioral Health and Developmental Services.
HB 971 - Bell, Robert B. - Barrier crimes; adds extortion and felony violations of protective orders to statute.	(H) Committee on Health, Welfare and Institutions (S) Committee on Rehabilitation and Social Services	(G) Acts of Assembly Chapter text (CHAP0383)	03/23/12
notes: SUMMARY AS INTRODUCED: Barrier crimes. Adds the following crimes to various barrier crimes statutes: abduction, extortion, and felony violations of protective orders. People who have been convicted of or are the subject of pending charges of one of those crimes will not be able to work in a licensed nursing home, home care organization, or hospice and cannot work, volunteer, or provide services on a regular basis at a children's residential facility that is regulated or operated by the Department of Behavioral Health and Developmental Services, certain structured residential programs for juveniles, or children's residential facilities regulated or operated by the Department of Social Services, Education, or Military Affairs. Persons convicted of such crimes cannot be approved by a child-placing agency as adoptive or foster parents and cannot be adult foster care home providers or providers of home-based adult services. In addition, they cannot work at certain schools, assisted living facilities, adult day care centers, child welfare agencies, or family day homes.
HB 972 - Bell, Robert B. - Involuntary commitment; criteria for commitment.	(H) Committee for Courts of Justice (S) Committee for Courts of Justice	(G) Acts of Assembly Chapter text (CHAP0451)	03/30/12
notes: SUMMARY AS INTRODUCED: Criteria for involuntary commitment. Provides that when a court is to make a decision as to whether it should involuntarily commit a person for 30 days when less restrictive alternatives are inappropriate, it shall consider, in addition to other relevant evidence, whether the person recently has been found by a court to be unrestorably incompetent to stand trial.
HB 982 - Scott, J.M. - Crimes against incapacitated adults; penalty.	(H) Committee for Courts of Justice	(H) Incorporated by Courts of Justice (HB987-Loupassi)	02/03/12
notes: SUMMARY AS INTRODUCED: Crimes against incapacitated adults; penalty. Provides that any person who commits an offense set forth in Chapter 4 (crimes against the person), Chapter 5 (crimes against property), or Chapter 6 (crimes involving fraud) of Title 18.2 knowing or having reason to know that the victim of the offense is an incapacitated adult is guilty of a separate and distinct Class 1 misdemeanor. The bill adds that if the offender is a person responsible for the care of the victim, punishment shall include a mandatory minimum term of confinement of 30 days if the underlying offense is a misdemeanor and a mandatory minimum term of confinement of six months if the underlying offense is a felony.
HB 987 - Loupassi - Financial exploitation of incapacitated adults; penalties.	(H) Committee on Appropriations	(H) Left in Appropriations	02/20/12
notes: SUMMARY AS INTRODUCED: Financial exploitation of elderly or incapacitated adults; penalty. Provides that it is a Class 5 felony to knowingly, by deception, intimidation, undue influence, coercion, harassment, duress, or misrepresentation, use, obtain, convert, or take control of an elderly or incapacitated adult's property or financial resources with the intent to temporarily or permanently deprive the adult of the use, benefit, or possession of the property or financial resources. If the violation is by a caregiver or person with a fiduciary relationship it is a Class 3 felony. The bill allows forfeiture of personal property used in connection with the crime.
HB 1010 - Ramadan - Guardian appointment; concurrent commitment hearing.	(H) Committee for Courts of Justice	(H) Left in Courts of Justice	02/14/12
notes: SUMMARY AS INTRODUCED: Appointment of guardian; concurrent commitment hearing. Provides that, upon the request of a person who petitions for the appointment of a guardian for an incapacitated adult, the court may hold a hearing for the involuntary commitment of such adult at the same time as the hearing on the guardianship petition. The bill also increases from 10 days to 30 days the length of time a guardian can voluntarily admit the incapacitated person to a facility if authorized to do so in the guardianship order.
HB 1211 - O'Bannon - Assisted living facilities and adult foster care homes; may accept third-party payments.	(H) Committee on Health, Welfare and Institutions (S) Committee on Rehabilitation and Social Services	(G) Acts of Assembly Chapter text (CHAP0387)	03/23/12
notes: SUMMARY AS PASSED HOUSE: Auxiliary grants; third-party payments. Provides that assisted living facilities and adult foster care homes may accept payments from third parties for certain goods and services provided to auxiliary grant recipients provided certain requirements are met. The Department of Social Services shall not count such payments as income for the purpose of determining eligibility for or calculating the amount of an auxiliary grant. The bill also provides that assisted living facilities and adult foster care homes shall provide each auxiliary grant recipient with a written list of the goods and services that are covered by the auxiliary grant. This bill is identical to SB 596.
HB 1221 - Tata - Training center; a consumer shall only be discharged upon consent of consumer or representative.	(H) Committee on Health, Welfare and Institutions	(H) Stricken from docket by Health, Welfare and Institutions	01/31/12
notes: SUMMARY AS INTRODUCED: Discharge from a training center; consent of parent, guardian, or responsible person required. Provides that a consumer in a training center shall only be discharged upon consent of the consumer or, if the consumer lacks capacity to consent, upon the consent of his legally authorized representative and following disclosure of information regarding the actual availability and accessibility of services sufficient to meet the needs of the consumer in the community.
HB 1240 - Purkey - Certificate of public need; establishing psychiatric service and addition of inpatient beds.	(H) Committee on Health, Welfare and Institutions	(H) Tabled in Health, Welfare and Institutions	02/02/12
notes: SUMMARY AS INTRODUCED: COPN; establishing a psychiatric service and adding psychiatric inpatient beds in Planning District 20. Directs the Commissioner of Health to accept applications and review such applications in any certificate of public need Batch Group C review cycle, and authorizes the Commissioner to issue a certificate of public need for the establishment of a psychiatric service and the addition of up to 30 psychiatric inpatient beds in Planning District 20.
HB 1280 - Stolle - Psychiatric hospital admissions; local inmates.	(H) Committee for Courts of Justice (S) Committee for Courts of Justice	(G) Acts of Assembly Chapter text (CHAP0801)	04/18/12
notes: SUMMARY AS INTRODUCED: Psychiatric hospital admissions; local inmates. Amends the criteria for psychiatric inpatient admission for inmates at local correctional facilities to add mentally ill inmates for whom there exists a substantial likelihood that they will suffer serious harm due to their lack of capacity to protect themselves from harm or to provide for their basic human needs. Under current law the standard is that the mentally ill inmate will cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting or threatening harm.
HB 1289 - Jones - Impaired health care providers; amends definition of impairment.	(H) Committee on Health, Welfare and Institutions	(H) Continued to 2013 with amendment(s) in Health, Welfare and Institutions	02/07/12
notes: SUMMARY AS INTRODUCED: Impaired health care providers. Amends definition of "impairment."
HJ 18 - O'Bannon - Community-based mental health services; individuals transitioning from state hospitals, report.	(H) Committee on Rules	(H) Left in Rules	02/14/12
notes: SUMMARY AS INTRODUCED: Study; community-based mental health services for individuals transitioning from state hospitals; report. Directs the Joint Commission on Health Care to study the availability of community-based mental health services for individuals transitioning from state hospitals to community-based care and to identify service gaps and service needs and develop recommendations for addressing any service gaps or service needs in this area.
SB 9 - Lucas - Guardianship; restriction of visitation.	(S) Committee for Courts of Justice	(S) Passed by indefinitely in Courts of Justice (13-Y 1-N)	01/16/12
notes: SUMMARY AS INTRODUCED: Guardianship; restriction of visitation. Allows a guardian to restrict visitation of an incapacitated person, unless there is a previously executed advance directive or durable power of attorney specifying otherwise.
SB 11 - Stuart - Self-settled spendthrift trusts; created.	(H) Committee for Courts of Justice (S) Committee for Courts of Justice	(G) Acts of Assembly Chapter text (CHAP0555)	04/04/12
notes: SUMMARY AS INTRODUCED: Self-settled spendthrift trusts; creation of. Provides for the creation of self-settled spendthrift trusts, which protect trust assets against the claims of a settlor who is also a trust beneficiary. This bill allows a settlor to transfer assets to an irrevocable trust to be held for the joint benefit of the settlor and at least one other beneficiary. Currently, a spendthrift clause is ineffective to shield the beneficiary from creditors when the beneficiary is also the settlor. Current law allows the creation of trusts that are protected from the claims of creditors against trust beneficiaries, and this bill extends that policy to trusts of which the settlor is also a discretionary beneficiary.
SB 14 - Stuart - Methamphetamine precursors; sale and tracking, penalties.	(S) Committee for Courts of Justice	(S) Incorporated by Courts of Justice (SB294-Lucas) (13-Y 0-N)	01/18/12
notes: SUMMARY AS INTRODUCED: Methamphetamine precursors; sale and tracking; penalties. Requires the Department of State Police to enter into a memorandum of understanding to establish the Commonwealth's participation in a real-time electronic recordkeeping and monitoring system for the nonprescription sale of ephedrine or related compounds. Most pharmacies and retail distributors will be required to enter nonprescription sales of ephedrine or related compounds into the electronic system. The bill retains the existing sales limit of no more than 3.6 grams of ephedrine or related compounds per day per individual retail customer and adds a limitation of no more than 7.5 grams per 30-day period. The bill is effective January 1, 2013. This bill was incorporated into SB 294.
SB 24 - Stuart - Welfare and other entitlement fraud; penalties.	(S) Committee on Finance	(S) Continued to 2013 in Finance (15-Y 0-N)	02/07/12
notes: SUMMARY AS INTRODUCED: Welfare and other entitlement fraud; penalties. Requires a 180-day mandatory minimum sentence for misdemeanor entitlement fraud, a one year mandatory minimum sentence for felony entitlement fraud, a repayment of three times the benefits received, and a lifetime bar on receipt of entitlement. The entitlements covered by the bill are housing assistance programs, medical assistance, food stamps, energy assistance, and any other program designated under regulations of the State Board of Social Services, State Board of Health, or Board of Medical Assistance Services.
SB 222 - Herring - Financial exploitation of elderly or incapacitated adults; punishable as larceny, etc.	(S) Committee for Courts of Justice	(S) Incorporated by Courts of Justice (SB431-Stuart) (14-Y 0-N)	02/01/12
SB 340 - Newman - Occupational therapy; definition.	(H) Committee on Health, Welfare and Institutions (S) Committee on Education and Health	(G) Acts of Assembly Chapter text (CHAP0110)	03/06/12
notes: SUMMARY AS INTRODUCED: Practice of occupational therapy. Provides that the definition of "practice of occupational therapy" is amended to make clear that it includes the therapeutic use of occupations for habilitation and rehabilitation to enhance physical health, mental health, and cognitive functioning and that it includes the design of adaptive equipment and assistive technologies and consultation concerning the adaptation of sensory and social, as well as physical, environments. The bill requires the Board of Medicine to promulgate regulations to implement the provisions of this act to be effective within 280 days of its enactment. This bill is identical to HB 268.
SB 372 - Barker - Community Colleges, State Board for; development of mental health services.	(S) Committee on Education and Health	(S) Continued to 2013 in Education and Health (10-Y 5-N)	02/09/12
notes: SUMMARY AS INTRODUCED: State Board for Community Colleges; mental health services. Requires the State Board for Community Colleges to develop standards and policies directing community colleges to adopt, incrementally and as resources become available, a mental health services action plan.
SB 431 - Stuart - Financial exploitation of elderly or incapacitated adults; penalty.	(H) Committee on Appropriations (S) Committee on Finance	(H) Left in Appropriations	03/10/12
notes: SUMMARY AS PASSED SENATE: Financial exploitation of elderly or incapacitated adults; penalty. Provides that it is a felony punishable by imprisonment in a state correctional facility for not less than one nor more than 20 years to knowingly and without legal justification, by deception, intimidation, undue influence, coercion, harassment, duress, or misrepresentation, use, obtain, convert, or take control of an incapacitated adult%92s money, assets, property or financial resources with the intent to permanently deprive the adult of the use, benefit, or possession of the property or financial resources. If the violation is by a caregiver or person in a position of trust it is a Class 3 felony. The bill allows forfeiture of personal property used in connection with the crime. This bill incorporates SB 222, SB 285 and SB 443.
SB 443 - Vogel - Financial exploitation of elderly or vulnerable adults; penalty.	(S) Committee for Courts of Justice	(S) Incorporated by Courts of Justice (SB431-Stuart) (14-Y 0-N)	02/01/12
notes: SUMMARY AS INTRODUCED: Financial exploitation of elderly or vulnerable adults; penalty. Provides that it unlawful to knowingly, by deception, intimidation, undue influence, coercion, harassment, duress, or misrepresentation, use, obtain, convert, or take control of an elderly or vulnerable adult%92s property or financial resources with the intent to temporarily or permanently deprive the adult of the use, benefit, or possession of the property or financial resources. A violation is deemed larceny unless the violation is by a caregiver or person with a fiduciary relationship in which case it is a Class 3 felony. The bill also allows forfeiture of personal property used in connection with the crime. This bill was incorporated into SB 431.
SB 585 - Northam - Psychiatric hospital admissions; local inmates.	(H) Committee on Appropriations (S) Committee on Finance	(H) Left in Appropriations	03/10/12
notes: SUMMARY AS PASSED SENATE: Psychiatric hospital admissions; local inmates. Amends the criteria for psychiatric inpatient admission for inmates at local correctional facilities to add mentally ill inmates for whom there exists a substantial likelihood that they will suffer serious harm due to their lack of capacity to protect themselves from harm or to provide for their basic human needs. Under current law the standard is that the mentally ill inmate will cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting or threatening harm. The bill is contingent upon an appropriation of General Funds effectuating the provisions of the bill.
SB 596 - Howell - Assisted living facilities and adult foster care homes; may accept third-party payments.	(H) Committee on Health, Welfare and Institutions (S) Committee on Rehabilitation and Social Services	(G) Acts of Assembly Chapter text (CHAP0128)	03/06/12
notes: SUMMARY AS PASSED SENATE: Auxiliary grants; third-party payments. Provides that assisted living facilities and adult foster care homes may accept payments from third parties for certain goods and services provided to auxiliary grant recipients provided certain requirements are met. The Department of Social Services shall not count such payments as income for the purpose of determining eligibility for or calculating the amount of an auxiliary grant. The bill also provides that assisted living facilities and adult foster care homes shall provide each auxiliary grant recipient with a written list of the goods and services that are covered by the auxiliary grant. This bill is identical to HB 1211.
SB 634 - Vogel - Impaired health care providers; amends definition of impairment.	(S) Committee on Education and Health	(S) Continued to 2013 in Education and Health (15-Y 0-N)	02/02/12
notes: SUMMARY AS INTRODUCED: Health Practitioners' Monitoring Program; impaired health care providers. Provides that the term "impairment" includes psychological and behavioral disabilities, including the mismanagement of countertransference, for the purposes of determining eligibility for the Health Practitioners' Monitoring Program.
SB 680 - Wagner - Neighborhood Assistance Act tax credits; at least 40 percent of those served are impoverished.	(H) Committee on Finance (S) Committee on Finance	(G) Acts of Assembly Chapter text (CHAP0837)	04/18/12
notes: SUMMARY AS PASSED SENATE: Neighborhood Assistance Act Tax Credit. The bill lowers the threshold, from 50 percent to 40 percent, for the percentage of impoverished people to whom a neighborhood assistance organization, that submits a proposal to the State Board of Social Services, must provide services to in order to be eligible to participate in the program.

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