There is a newer version of the Code of Virginia
2014 Virginia Code
Title 37.2 - Behavioral Health and Developmental Services
Subtitle 1. GENERAL PROVISIONSChapter 1. DEFINITIONS
- § 37.2-100. Definitions
- § 37.2-101. Certified mail; subsequent mail or notices may be sent by regular mail
- § 37.2-200. State Board of Behavioral Health and Developmental Services
- § 37.2-201. Internal evaluation committee of Board
- § 37.2-202. Members not eligible for positions in Department
- § 37.2-203. Powers and duties of Board
- § 37.2-204. Appointments to state and local human rights committees
Article 1. THE DEPARTMENT AND THE COMMISSIONER
- § 37.2-300. Creation and supervision of Department
- § 37.2-301. Appointment of Commissioner
- § 37.2-302. Term of office and vacancy therein
- § 37.2-303. Qualifications of Commissioner
- § 37.2-304. Duties of Commissioner
- § 37.2-305. Receiving gifts and endowments
- § 37.2-306. Research into causes of mental illness, intellectual disability, substance abuse, and related subjects
- § 37.2-307. Employment of special counsel to defend Board member, officer, or employee of Department in criminal cases
- § 37.2-308. Data reporting on children and adolescents
- § 37.2-308.1. Acute psychiatric bed registry
- § 37.2-309. Department responsible for substance abuse services; office established; qualifications of staff
- § 37.2-310. Powers and duties of Department related to substance abuse
- § 37.2-311. Review of applications for state or federal funds or services used in substance abuse programs
- § 37.2-312. Department responsible for education and training programs
- § 37.2-312.1. Department to be lead agency for suicide prevention across the lifespan
- § 37.2-313. Employment of unlicensed physician by Department
- § 37.2-313.1. Licensed physician required at certain training centers
- § 37.2-314. Background check required
Article 2. COMPREHENSIVE STATE PLAN FOR BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES
Article 3. SYSTEM RESTRUCTURING
Article 4. BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES TRUST FUND
- § 37.2-317. Definitions
- § 37.2-318. Behavioral Health and Developmental Services Trust Fund established; purpose
- § 37.2-319. Administration of Behavioral Health and Developmental Services Trust Fund
Article 1. HUMAN RIGHTS
- § 37.2-400. Rights of individuals receiving services
- § 37.2-401. Authorized representative prohibition
- § 37.2-402. Board to establish regulations regarding human research
Article 2. LICENSING PROVIDERS OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES
- § 37.2-403. Definitions
- § 37.2-404. Authority of Commissioner to grant licenses
- § 37.2-405. License required; exception; license not transferable; operation of existing services; persons not to be admitted, etc., to unlicensed providers
- § 37.2-405.1. Certain provider information on website
- § 37.2-406. Conditions for initial licensure of certain providers
- § 37.2-407. Regulations for treatment of pregnant women with substance abuse
- § 37.2-408. Regulation of services delivered in group homes and residential facilities for children
- § 37.2-408.1. Background check required; children's residential facilities
- § 37.2-409. Intermediate care facilities for individuals with intellectual disability
- § 37.2-410. Expiration of license; renewal; license fees
- § 37.2-411. Inspections
- § 37.2-412. Human rights review
- § 37.2-413. Necessity for supervision by licensed provider
- § 37.2-414. Cure by mental or spiritual means without use of drugs or material remedy
- § 37.2-415. Provisional and conditional licenses
- § 37.2-416. Background checks required
- § 37.2-417. Proceeding to prevent unlawful operation of service
- § 37.2-418. Revocation, suspension, or refusal of licenses; resumption of operation; summary suspension under certain circumstances; penalty
- § 37.2-419. Human rights and licensing enforcement and sanctions; notice
- § 37.2-419.1. Summary suspension of adult facility licenses under certain circumstances; due process; penalty
- § 37.2-420. Offer or payment of remuneration in exchange for referral prohibited
- § 37.2-421. Advertising by licensed providers
- § 37.2-422. Penalty
Article 3. OFFICE OF THE INSPECTOR GENERAL FOR BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES
Article 4. MISCELLANEOUS AND PENAL PROVISIONS
- § 37.2-426. Officers may be appointed conservators of the peace; regulation of traffic
- § 37.2-427. Mistreatment of individuals receiving services in hospital or training center
- § 37.2-428. Aiding and abetting in escapes
- § 37.2-429. Disorderly conduct on grounds and interference with officers
- § 37.2-430. Providing alcoholic beverages to individuals receiving services
- § 37.2-431. Contriving or conspiring to maliciously obtain admission of person
Article 5. DISCLOSURE OF PATIENT INFORMATION TO THIRD PARTY PAYORS BY PROFESSIONALS
Subtitle 2. BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICESChapter 5. COMMUNITY SERVICES BOARDS
- § 37.2-500. Purpose; community services board; services to be provided
- § 37.2-501. Community services board; appointment; membership; duties of fiscal agent
- § 37.2-502. Community services board members; term of office; vacancies; removal
- § 37.2-503. Compensation of community services board members
- § 37.2-504. Community services boards; local government departments; powers and duties
- § 37.2-505. Coordination of services for preadmission screening and discharge planning
- § 37.2-506. Background checks required
- § 37.2-507. Data collection on children and adolescents
- § 37.2-508. Performance contract for mental health, developmental, and substance abuse services
- § 37.2-509. Mental health, developmental, and substance abuse services; allocation of funds by Department; reduction of funds
- § 37.2-510. Community services board; withdrawal of county or city
- § 37.2-511. Liability for expenses of services
- § 37.2-512. Authority to enter into joint agreements
- § 37.2-600. Definitions
- § 37.2-601. Behavioral health authorities; purpose
- § 37.2-602. Board of directors; appointment; membership
- § 37.2-603. Board of directors; terms; vacancies; removal
- § 37.2-604. Board of directors; officers; meetings
- § 37.2-605. Behavioral health authorities; powers and duties
- § 37.2-606. Coordination of services for preadmission screening and discharge planning
- § 37.2-607. Background check required
- § 37.2-608. Performance contract for mental health, developmental, and substance abuse services
- § 37.2-609. Exemption from taxation
- § 37.2-610. Transfer of facilities and assets
- § 37.2-611. Local appropriations; allocation of funds by Department; reduction of funds
- § 37.2-612. Liability for expenses of services
- § 37.2-613. Proceedings for dissolution
- § 37.2-614. When powers and duties cease to exist
- § 37.2-615. Authority to enter into joint agreements
Article 1. GENERAL PROVISIONS
- § 37.2-700. Construction of state facilities; razing buildings
- § 37.2-701. Examination of properties; certain property not to be declared surplus
- § 37.2-702. Separate state facilities for elderly individuals; free-standing state facilities authorized
- § 37.2-703. Commissioner to prescribe system of records, accounts, and reports; access to records, accounts, and reports
- § 37.2-704. Commissioner authorized to receive and expend social security and other federal payments for individuals receiving services in state facilities
- § 37.2-705. Private funds provided for individuals receiving services
- § 37.2-706. Disposal of unclaimed personal property of certain individuals in state facilities
- § 37.2-707. Employment and qualifications of directors of state facilities
- § 37.2-708. Salaries of directors and other employees of state facilities
- § 37.2-709. State facility reporting requirements
- § 37.2-709.1. State facility reporting requirements; critical incidents involving individuals receiving services
- § 37.2-710. State facility reporting requirements; Virginia Patient Level Data system
- § 37.2-711. Exchange of information
- § 37.2-712. Collection and dissemination of information concerning religious preferences and affiliations
- § 37.2-713. Residence of individuals in state facilities and school-age children in state facilities generally
- § 37.2-714. Children born in state facilities
Article 2. EXPENSES OF CARE, TREATMENT OR TRAINING, AND MAINTENANCE
- § 37.2-715. Who liable for expenses; amount
- § 37.2-716. Behavioral Health and Developmental Services Revenue Fund
- § 37.2-717. Department to investigate financial ability to pay expenses; assessments and contracts by Department
- § 37.2-718. Order to compel payment of expenses
- § 37.2-719. Statement forms to be completed by the person liable for support of an individual receiving services
- § 37.2-720. When collection of expenses not required
- § 37.2-721. Liability of estate of the individual receiving services
Chapter 8. EMERGENCY CUSTODY AND VOLUNTARY AND INVOLUNTARY CIVIL ADMISSIONS
Article 1. GENERAL PROVISIONS
- § 37.2-800. Applicability of chapter
- § 37.2-801. Admission procedures; forms
- § 37.2-802. Interpreters in admission or certification proceedings
- § 37.2-803. Special justices to perform duties of judge
- § 37.2-804. Fees and expenses
- § 37.2-804.1. Use of electronic communication
- § 37.2-804.2. Disclosure of records
Article 2. VOLUNTARY ADMISSION
- § 37.2-805. Voluntary admission
- § 37.2-805.1. Admission of incapacitated persons pursuant to advance directives or by guardians
Article 3. ADMISSION TO TRAINING CENTERS
- § 37.2-806. Judicial certification of eligibility for admission of persons with intellectual disability
- § 37.2-807. Emergency or respite care admissions to training centers
Article 4. EMERGENCY CUSTODY AND INVOLUNTARY TEMPORARY DETENTION
- § 37.2-808. Emergency custody; issuance and execution of order
- § 37.2-809. Involuntary temporary detention; issuance and execution of order
- § 37.2-809.1. Facility of temporary detention
- § 37.2-810. Transportation of person in the temporary detention process
- § 37.2-811. Emergency treatment of inmates in the custody of local correctional facilities
- § 37.2-812. Repealed
- § 37.2-813. Release of person prior to commitment hearing for involuntary admission
Article 5. INVOLUNTARY ADMISSIONS
- § 37.2-814. Commitment hearing for involuntary admission; written explanation; right to counsel; rights of petitioner
- § 37.2-815. Commitment hearing for involuntary admission; examination required
- § 37.2-816. Commitment hearing for involuntary admission; preadmission screening report
- § 37.2-817. Involuntary admission and mandatory outpatient treatment orders
- § 37.2-817.1. Monitoring mandatory outpatient treatment; petition for hearing
- § 37.2-817.2. Court review of mandatory outpatient treatment plan or discharge plan
- § 37.2-817.3. Rescission of mandatory outpatient treatment order
- § 37.2-817.4. Continuation of mandatory outpatient treatment order
- § 37.2-818. Commitment hearing for involuntary admission; recordings and records
- § 37.2-819. Order of involuntary admission or mandatory outpatient treatment forwarded to CCRE; certain voluntary admissions forwarded to CCRE; firearm background check
- § 37.2-820. Place of hearing
- § 37.2-821. Appeal of involuntary admission or certification order
- § 37.2-822. Treatment of person admitted while appeal is pending
- § 37.2-823. Examination of admission papers by director; examination of persons admitted
- § 37.2-824. Periodic review of all persons for purposes of retention
- § 37.2-825. Admission raises no presumption of legal incapacity
- § 37.2-826. Disposition of nonresidents
- § 37.2-827. Admission of aliens
- § 37.2-828. Receiving and maintaining federal prisoners in state facilities
Article 6. TRANSPORTATION OF ADMITTED PERSONS; DETENTION BY SHERIFF; ESCAPE; TRANSFERS
- § 37.2-829. Transportation of person in civil admission process
- § 37.2-830. Repealed
- § 37.2-831. Detention in jail after order of admission
- § 37.2-832. Persons with mental illness not to be confined in cells with criminals
- § 37.2-833. Escape, sickness, death, or discharge of a person ordered to be involuntarily admitted while in custody; warrant for person escaping
- § 37.2-834. Arrest of certain persons involuntarily admitted
- § 37.2-835. Arrest without warrant
- § 37.2-836. Employees to accompany persons admitted voluntarily to facilities
Article 7. DISCHARGE AND TRANSFERS
- § 37.2-837. Discharge from state hospitals or training centers, conditional release, and trial or home visits for individuals
- § 37.2-838. Discharge of individuals from a licensed hospital
- § 37.2-839. Exchange of information between community services boards or behavioral health authorities and state facilities
- § 37.2-840. Transfer of individuals receiving services
- § 37.2-841. Admission of veteran to, or transfer to or from, a Veterans Affairs hospital, center, or other facility or installation
- § 37.2-842. Veterans admitted or transferred to Veterans Affairs hospital, center, or other facility or installation subject to rules; power and authority of medical officer in charge
- § 37.2-843. Providing drugs or medicines for certain individuals discharged from state facilities
Article 8. TESTING LEGALITY OF DETENTION
- § 37.2-844. Habeas corpus as means
- § 37.2-845. Procedure when person confined in facility or other institution
- § 37.2-846. Procedure when person not confined in facility or other institution
- § 37.2-847. Duty of attorney for Commonwealth
- § 37.2-900. Definitions
- § 37.2-900.1. Office of Sexually Violent Predator Services
- § 37.2-901. Civil proceeding; rights of respondents; discovery
- § 37.2-902. Commitment Review Committee; membership
- § 37.2-903. Database of prisoners convicted of sexually violent offenses; maintained by Department of Corrections; notice of pending release to CRC
- § 37.2-904. CRC assessment of prisoners or defendants eligible for commitment as sexually violent predators; mental health examination; recommendation
- § 37.2-905. Review of prisoners convicted of a sexually violent offense; review of unrestorably incompetent defendants charged with sexually violent offenses; petition for commitment; notice to Department of Corrections or referring court regarding disposition o
- § 37.2-905.1. Substantial compliance
- § 37.2-905.2. Access to records
- § 37.2-906. Probable cause hearing; procedures
- § 37.2-907. Right to assistance of experts; compensation
- § 37.2-908. Trial; right to trial by jury; standard of proof; discovery
- § 37.2-909. Placement of committed respondents
- § 37.2-910. Review of continuation of secure inpatient treatment hearing; procedure and reports; disposition
- § 37.2-911. Petition for release; hearing; procedures
- § 37.2-912. Conditional release; criteria; conditions; reports
- § 37.2-913. Emergency custody of conditionally released respondents; revocation of conditional release
- § 37.2-914. Modification or removal of conditions; notice; objections; review
- § 37.2-915. Representation of Commonwealth and person subject to commitment; nature of proceedings
- § 37.2-916. Authority of Commissioner; delegation to board; liability
- § 37.2-917. Escape of persons committed; penalty
- § 37.2-918. Persons on conditional release leaving Commonwealth; penalty
- § 37.2-919. Postrelease supervision of Department; commission of new criminal offense by person committed to Department
- § 37.2-920. Appeal by Attorney General; emergency custody order
- § 37.2-921. Department to give notice of Sex Offender and Crimes Against Minors Registry requirements to certain persons
Chapter 10. GUARDIANSHIP AND CONSERVATORSHIP
Chapter 10.1. UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT
Chapter 11. JUDICIAL AUTHORIZATION OF TREATMENT
- § 37.2-1100. Definitions
- § 37.2-1101. Judicial authorization of treatment
- § 37.2-1102. Certain actions may not be authorized
- § 37.2-1103. Emergency custody orders for adult persons who are incapable of making an informed decision as a result of physical injury or illness
- § 37.2-1104. Temporary detention in hospital for testing, observation or treatment
- § 37.2-1105. Appeal from order
- § 37.2-1106. When health professional or licensed hospital not liable
- § 37.2-1107. Fees and expenses
- § 37.2-1108. Effect of chapter on other laws
- § 37.2-1109. Use of electronic communication
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