Institutions for the Mentally Ill; Mental Health Generally

Passed

P HB578

Use of electronic communication for certain filings; parties and witnesses. Provides that petitions and orders for emergency custody, temporary detention, and involuntary commitment of minors may be filed, issued, served, or executed by electronic means, with or without the use of two-way electronic video and audio communication. The bill also allows petitions and orders for emergency custody of adults, temporary detention of adults, emergency custody and temporary detention of adults in judicial authorization of treatment proceedings, and emergency custody of conditionally released persons to be filed, issued, served, or executed by electronic means, with or without the use of two-way electronic video and audio communication. The bill provides for party and witness testimony through two-way electronic video and audio communication in such proceedings. Finally, the bill allows a witness to testify using a telephonic communication system when his testimony would be helpful to the conduct of such proceedings and he is not able to be physically present.
Patron - Hamilton

P HB1778

Providers of treatment for persons with opiate addiction; standards required; moratorium. Requires the State Mental Health, Mental Retardation and Substance Abuse Services Board to establish standards to evaluate the need and appropriateness for the issuance of new licenses to providers of treatment for persons with opiate addiction. The standards will include various criteria relating to the number of persons needing such treatment in the service area, the proposed site of the clinic, the existing access to such treatment, the geographic and demographic parameters of the service area, and the proposed clinic's security and accountability measures. A moratorium on the issuance of new licenses for providers of treatment for persons with opiate addiction is established from the enactment date of this act until the date on which the standards become effective. The Board is authorized to promulgate emergency regulations. This bill is identical to SB 753.
Patron - Kilgore

P HB1938

Community services boards and behavioral health authorities. Authorizes the Department of Mental Health, Mental Retardation and Substance Abuse Services (DMHMRSAS) to transfer appropriated funds for mental health, mental retardation, and substance abuse services directly to operating community services boards and behavioral health authorities. Operating community services boards must be authorized by each local governing body that established it to receive funds directly from the DMHMRSAS.
Patron - O'Bannon

P HB1997

Civil commitment of sexually violent predators. Makes numerous changes authorizing the release of various information concerning the offender to the Attorney General, mental health examiners and the Department of Mental Health, Mental Retardation and Substance Abuse Services. The bill provides that the Office of the Attorney General is a criminal justice agency. The bill increases the number of prisoners eligible for commitment by providing that someone who is serving concurrent or consecutive time for a non-sexually violent offense in addition to his time for a sexually violent offense will be assessed for possible commitment. The bill redefines "sexually violent offense" to include the commission of aggravated sexual battery against a person younger than 13 and assures that a committed person who commits a jailable offense will be returned to the custody of the Department of Mental Health, Mental Retardation and Substance Abuse Services.
Patron - Griffith

P HB2110

Involuntary commitment process for persons with mental illness; standard of proof. Provides that the judge must apply the standard of "clear and convincing evidence" during an involuntary commitment hearing for persons with mental illness. Current law requires the judge to make specific findings before issuing an order for involuntary commitment, but does not set forth a standard of proof for the judge to apply when considering the evidence.
Patron - McQuigg

P HB2514

Disclosure of patient information by certain health care providers. Repeals provisions governing disclosure of patient information to third party payors by mental health, mental retardation, and substance abuse professionals. This bill is a recommendation of the Joint Commission on Health Care. This bill is identical to SB 1110.
Patron - O'Bannon

P HB2796

Suicide prevention; lead agency. Provides that the Department of Mental Health, Mental Retardation and Substance Abuse Services (DMHMRSAS) will be the lead agency for suicide prevention across the lifespan. DMHMRSAS will coordinate the activities of the agencies of the Commonwealth pertaining to suicide prevention in order to develop and carry out a comprehensive suicide prevention plan addressing public awareness, the promotion of health development, early identification, intervention and treatment, and support to survivors. The Department of Health will continue to be responsible for youth suicide prevention. This bill is identical to SB 889.
Patron - Baskerville

P HB2826

Brain Injury Waiver; licensing authority. Authorizes the Department of Mental Health, Mental Retardation and Substance Abuse Services (DMHMRSAS) to license providers of services under the Medicaid Brain Injury Waiver and providers of residential services for persons with brain injury. The bill defines "brain injury" for waiver purposes and requires the Department of Rehabilitative Services to collaborate with DMHMRSAS in activities related to the licensing of Brain Injury Waiver service providers. The bill requires the State Board of Mental Health, Mental Retardation and Substance Abuse Services to promulgate necessary regulations within 280 days of enactment. This bill is identical to SB 1237.
Patron - Orrock

P HB2870

State and local human rights committees. Requires that at least one appointment to the state human rights committee and each local human rights committee must be a health care provider. These committees address alleged violations of human rights of consumers of public and private mental health, mental retardation and substance abuse services.
Patron - Lewis

P HB2881

Summary suspension of licenses of certain children's group homes and residential facilities; penalty. Authorizes the Commissioner of Mental Health, Mental Retardation and Substance Abuse Services to issue an order of summary suspension of a license to operate a group home or residential facility for children, including homes or facilities licensed under core licensure regulations, in cases of immediate and substantial threat to the health, safety, and welfare of residents. The bill includes authority for emergency regulations. The Executive Secretary of the Supreme Court and the Department of Mental Health, Mental Retardation and Substance Abuse Services must establish a protocol for the expedited appointment of a hearing officer for the summary suspension of licenses in accordance with the provisions of this act. This bill is identical to SB 1333.
Patron - Nixon

P SB719

Public guardian and conservator program. Provides that if a person is adjudicated incapacitated and in need of a guardian or conservator and the court has not identified any person to serve as guardian or conservator within one month from the adjudication, the court may appoint a local or regional program of the Virginia Public Guardian and Conservator Program authorized by the Department for the Aging. If there is no program within the court's jurisdiction, the court may appoint a program within 60 miles of the residence of the incapacitated person. However, the court shall not appoint any program that has reached or exceeded its ideal ratio of clients to staff.
Patron - Edwards

P SB741

Substance Abuse Services Council; membership. Adds six new members to the Substance Abuse Services Council, as follows: one member representing the Virginia Drug Courts Association, the Commissioner of the Department of Motor Vehicles, the Director of the Department of Medical Assistance Services, the chief Operating Officer of the Department of Alcoholic Beverage Control, the Executive Director of the Governor's Office for Substance Abuse Prevention or his designee, and the Executive Director of the Virginia Tobacco Settlement Foundation or his designee. This bill incorporates SB 1025.
Patron - Reynolds

P SB753

P SB889

P SB1017

Judicial authorization of treatment and detention. Clarifies the provisions relating to judicial authorization of treatment. The bill defines "treatment" to include "the provision, withholding, or withdrawal of a specific treatment or course of treatment" when certain conditions are satisfied, such as the unavailability of a legally authorized representative, the incapacity of the person who is the subject of the petition to make an informed decision and unlikely prospect of the person to become capable of making an informed decision. The proposed treatment must be in the best interest of the patient and "medically and ethically appropriate with respect to (i) the medical diagnosis and prognosis and (ii) any other information provided by the attending physician of the person for whom treatment is sought." Further, the court's authority to dispense with service of the petition and notice of the hearing to the next of kin for persons who are patients in hospitals or facilities of the Department of Mental Health, Mental Retardation and Substance Abuse Services is simplified by adding the condition that such patients have "no known guardian or legally authorized representative at the time" and authorizing dispensing of notice to the next of kin when "treatment is necessary to prevent imminent or irreversible harm." Palliative care may also be ordered. Technical amendments are included.
Patron - Mims

P SB1023

Recodification of Title 37.1; persons with mental illness, mental retardation, or substance abuse. Recodifies Title 37.1 as Title 37.2. In accordance with § 30-152, the Virginia Code Commission, in 2003, undertook the recodification of Title 37.1. Title 37.1 is the legal authority for the Department of Mental Health, Mental Retardation and Substance Abuse Services under the Secretariat of Health and Human Resources, as well as the Office of the Inspector General for Mental Health, Mental Retardation and Substance Abuse Services. Title 37.1 is also the legal authority for community services boards and behavioral health authorities. The title was last revised in 1968. During the past 37 years, much has happened to affect laws governing mental health, mental retardation, and substance abuse services. The Virginia Code Commission has rewritten and combined sections or parts of sections to clarify provisions and to eliminate archaic, obsolete, or redundant language. Additionally, certain substantive changes are made, many of which reflect current practices, delete eliminated programs, or conform provisions to other statutes and regulations. The Virginia Code Commission has divided Title 37.2 into four subtitles. Subtitle I contains general provisions applicable to the entire title. The title-wide definitions are included as general provisions. Subtitle II deals with mental health, mental retardation, and substance abuse services. A newly created chapter within Subtitle II consolidates sections related to state facilities that were previously scattered throughout Title 37.1. Subtitle III contains chapters related to admissions and dispositions. Subtitle IV contains guardianship, conservatorship, and judicial authorization of treatment provisions. Current §§ 37.1-207 and 37.1-207.1, relating to the Substance Abuse Services Council are relocated to Title 2.2 (Administration of Government) as part of the title revision. This executive branch advisory council coordinates the Commonwealth's public and private efforts to control substance abuse and it is more appropriately placed in this general government title. Two current chapters are not carried forward as part of Title 37.2 and will be repealed: Chapter 3 (Persons Not Confined to State Hospitals) and Chapter 7 (Extradition of Persons of Unsound Minds). Both chapters are obsolete.
Patron - Mims

P SB1110

P SB1237

P SB1333

Failed

F HB2009

Criminal background checks; behavioral health employees. Increases the number of misdemeanor assault convictions from no more than one to no more than two that are permitted before an employee is barred from working for a community services board, behavioral health authority, or agency licensed by the Department of Mental Health, Mental Retardation and Substance Abuse Services. Such conviction must have occurred more than 10 years ago and not while employed in a direct consumer position.
Patron - Armstrong

F HB2139

Criminal history background checks. Allows a (i) provider licensed by the Department of Mental Health, Mental Retardation and Substance Abuse Services, (ii) community services board, or (iii) behavioral health authority that has submitted a request for a national criminal history record report on an applicant to employ the applicant while awaiting a response.
Patron - Purkey

F HB2551

Definition of mental illness not to include dementia or Alzheimer's disease for certain purposes. Amends the definition of "mentally ill" in Title 37.1 of the Code to exclude persons with a primary diagnosis of dementia or Alzheimer's disease, for the purposes of the voluntary and involuntary admissions procedures in Chapter 2 of Title 37.1.
Patron - Moran

F SB853

Voluntary treatment. Authorizes juveniles age 14 and older who have the consent of their parent to be admitted voluntarily to state hospitals (Department of Mental Health, Mental Retardation and Substance Abuse Services) for treatment.
Patron - Cuccinelli

F SB1025

Substance Abuse Services Council; membership. Adds six new members to the Substance Abuse Services Council, as follows: one member representing the Virginia Drug Courts Association, the Commissioner of the Department of Motor Vehicles, the Director of the Department of Medical Assistance Services, the Chief Operating Officer of the Department of Alcoholic Beverage Control, the Executive Director of the Governor's Office for Substance Abuse Prevention or his designee, and the Executive Director of the Virginia Tobacco Settlement Foundation or his designee. This bill has been incorporated into SB 741.
Patron - Newman

F SB1050

Health; appointment of ombudsman for incapacitated seniors. Authorizes a court, following the appointment of a guardian for incapacitated persons aged 60 or over, to appoint an ombudsman to serve as an intermediary to protect the interests of persons subject to the guardianship order. The entity with whom the Department for the Aging contracts to provide long-term care ombudsmen must establish a system for voluntary ombudsman services acting as intermediary for such persons subject to guardianship orders.
Patron - Wagner

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