2006 Code of Virginia § 37.2-815 - Commitment hearing for involuntary admission; examination required

37.2-815. Commitment hearing for involuntary admission; examinationrequired.

Notwithstanding 37.2-814, the district court judge or special justice shallrequire an examination of the person who is the subject of the hearing by apsychiatrist or a psychologist who is licensed in Virginia by the Board ofMedicine or the Board of Psychology and is qualified in the diagnosis ofmental illness or, if such a psychiatrist or psychologist is not available,any mental health professional who is (i) licensed in Virginia through theDepartment of Health Professions and (ii) qualified in the diagnosis ofmental illness. The examiner chosen shall be able to provide an independentexamination of the person. The examiner shall (a) not be related by blood ormarriage to the person, (b) not be responsible for treating the person, (c)have no financial interest in the admission or treatment of the person, (d)have no investment interest in the facility detaining or admitting the personunder this chapter, and (e) except for employees of state hospitals and ofthe U.S. Department of Veterans Affairs, not be employed by the facility. Forpurposes of this section, the term "investment interest" shall be asdefined in 37.2-809.

All such examinations shall be conducted in private. The judge or specialjustice shall summons the examiner who shall certify that he has personallyexamined the person and has probable cause to believe that the person (i)does or does not present an imminent danger to himself or others as a resultof mental illness or is or is not so seriously mentally ill as to besubstantially unable to care for himself and (ii) requires or does notrequire involuntary inpatient treatment. Alternatively, the judge or specialjustice may accept written certification of the examiner's findings if theexamination has been personally made within the preceding five days and ifthere is no objection sustained to the acceptance of the writtencertification by the person or his attorney. The judge or special justiceshall not render any decision on the petition until the examiner haspresented his report orally or in writing.

(1976, c. 671, 37.1-67.3; 1979, c. 426; 1980, cc. 166, 582; 1982, c. 471;1984, c. 277; 1985, c. 261; 1986, cc. 349, 609; 1988, c. 225; 1989, c. 716;1990, cc. 59, 60, 728, 798; 1991, c. 636; 1992, c. 752; 1994, cc. 736, 907;1995, cc. 489, 668, 844; 1996, cc. 343, 893; 1997, cc. 558, 921; 1998, c.446; 2001, cc. 478, 479, 507, 658, 837; 2004, cc. 66, 1014; 2005, c. 716.)