Legislative Update

Adult Mental Health

Bills Committee Last action Date
HB 1420 - Farrell - Certificate of public need; repeals certain requirement involving psychiatric beds, etc. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(S) Left in Education and Health02/21/17
notes: Repeals the requirement for a certificate of public need for certain projects involving mental hospitals or psychiatric hospitals and intermediate care facilities established primarily for the medical, psychiatric, or psychological treatment and rehabilitation of individuals with substance abuse.
HB 1426 - Garrett - Emergency custody or involuntary admission process; alternative transportation model. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0094)02/20/17
notes: Directs the Commissioner of Behavioral Health and Developmental Services and the Director of Criminal Justice Services, in conjunction with the relevant stakeholders, to develop a comprehensive model for the use of alternative transportation providers to provide safe and efficient transportation of individuals involved in the emergency custody or involuntary admission process as an alternative to transportation by law enforcement. The bill requires that the model be completed by October 1, 2017, and reported to the Joint Subcommittee to Study Mental Health Services in the Commonwealth in the 21st Century, the House Committee for Courts of Justice, and the Senate Committee for Courts of Justice.
HB 1447 - Miyares - Higher educational institutions; establishment of substance abuse recovery housing program. (H) Committee on Education(H) Left in Education02/07/17
notes: Requires, by July 1, 2021, certain baccalaureate public institutions of higher education to establish a substance abuse recovery housing program to provide recovering students with a substance-free dormitory environment and appropriate support services. The bill allows participating institutions to designate a portion of a dormitory, and states that no participating institution shall be required to designate an entire dormitory, for such program.
HB 1449 - Boysko - Naloxone; dispensing for use in opioid overdose reversal, etc. (H) Committee on Health, Welfare and Institutions(H) Left in Health, Welfare and Institutions02/07/17
notes: Allows a person who is authorized by the Department of Behavioral Health and Developmental Services to train individuals on the administration of naloxone for use in opioid overdose reversal and who is acting on behalf of an organization that provides substance abuse treatment services to individuals at risk of experiencing opioid overdose or training in the administration of naloxone for overdose reversal and that has obtained a controlled substances registration from the Board of Pharmacy pursuant to 54.1-3423 to dispense naloxone to a person who has completed a training program on the administration of naloxone for opioid overdose reversal, provided that such dispensing is (i) pursuant to a standing order issued by a prescriber, (ii) in accordance with protocols developed by the Board of Pharmacy in consultation with the Board of Medicine and the Department of Health, and (iii) without charge or compensation. The bill also provides that a person who dispenses naloxone shall not be liable for civil damages of ordinary negligence for acts or omissions resulting from the rendering of such treatment if he acts in good faith and that a person to whom naloxone has been dispensed pursuant to the provisions of the bill may possess naloxone and may administer naloxone to a person who is believed to be experiencing or about to experience a life-threatening opioid overdose.
HB 1453 - LaRock - Naloxone; dispensing for use in opioid overdose reversal, etc. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0168)02/23/17
notes: Allows a person who is authorized by the Department of Behavioral Health and Developmental Services to train individuals on the administration of naloxone for use in opioid overdose reversal and who is acting on behalf of an organization that provides substance abuse treatment services to individuals at risk of experiencing opioid overdose or training in the administration of naloxone for overdose reversal and that has obtained a controlled substances registration from the Board of Pharmacy pursuant to 54.1-3423 to dispense naloxone to a person who has completed a training program on the administration of naloxone for opioid overdose reversal, provided that such dispensing is (i) pursuant to a standing order issued by a prescriber, (ii) in accordance with protocols developed by the Board of Pharmacy in consultation with the Board of Medicine and the Department of Health, and (iii) without charge or compensation. The bill also provides that a person who dispenses naloxone shall not be liable for civil damages of ordinary negligence for acts or omissions resulting from the rendering of such treatment if he acts in good faith and that a person to whom naloxone has been dispensed pursuant to the provisions of the bill may possess naloxone and may administer naloxone to a person who is believed to be experiencing or about to experience a life-threatening opioid overdose.
HB 1480 - Helsel - Mental health awareness training; law-enforcement officers, firefighters, and emergency personnel. (H) Committee for Courts of Justice(H) Left in Courts of Justice02/07/17
notes: Requires the Department of Behavioral Health and Developmental Services (DBHDS) to establish and administer a mental health awareness program for training persons in emergency services professions in recognizing potential mental health issues and assisting themselves and each other with mental health issues. The bill requires DBHDS to create and administer a process by which a program not created by DBHDS can be certified as a qualified mental health awareness program. The bill requires law-enforcement officers, emergency medical services personnel, and firefighters other than volunteer firefighters to participate in a mental health awareness program created or certified by DBHDS once every two years.
HB 1483 - Bell, Richard P. - BHDS, Board of; regulations governing licensure of providers. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0136)02/21/17
notes: Requires the Board of Behavioral Health and Developmental Services to amend regulations governing licensure of providers to include specific definitions of "human services field," "Qualified Mental Health Professional - Adult (QMHP-A)," "Qualified Intellectual Disabilities Professional (QIDP)," and "Qualified Paraprofessional in Mental Health (QPPMH)."
HB 1484 - Bell, Richard P. - Occupational therapists; Board of Medicine shall amend regulations governing licensure. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0411)03/13/17
notes: Directs the Board of Counseling to amend regulations governing licensure of occupational therapists to provide that Type 1 continuing learning activities that shall be completed by the practitioner prior to renewal of a license shall consist of an organized program of study, classroom experience, or similar educational experience that is related to a licensee's current or anticipated roles and responsibilities in occupational therapy and approved or provided by one of the following organizations or any of its components: the Virginia Occupational Therapy Association; the American Occupational Therapy Association; the National Board for Certification in Occupational Therapy; a local, state, or federal government agency; a regionally accredited college or university; or a health care organization accredited by a national accrediting organization granted authority by the Centers for Medicare and Medicaid Services to assure compliance with Medicare conditions of participation. Such regulations shall also provide that Type 1 continuing learning activities may also include an American Medical Association Category 1 Continuing Medical Education program.
HB 1491 - Hope - Background checks; exceptions, sponsored living and shared residential service providers. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0775)04/05/17
notes: Allows a provider licensed by the Department of Behavioral Health and Developmental Services to approve as a sponsored residential service provider or to permit to enter into a shared living arrangement persons who have been convicted of not more than one misdemeanor offense under 18.2-57 or 18.2-57.2, if 10 years have elapsed following the conviction, unless the person committed the offense while employed in a direct care position. The bill also allows a provider to approve a person as a sponsored residential service provider if any adult living in the home of an applicant or any person employed by the applicant to provide services in the home in which sponsored residential services are provided has been convicted of not more than one misdemeanor offense under 18.2-57 or 18.2-57.2, if 10 years have elapsed following the conviction, unless the person committed the offense while employed in a direct care position.
HB 1494 - Knight - Driver's license; examination of drivers believed incompetent. (H) Committee on Transportation

(S) Committee on Transportation
(G) Acts of Assembly Chapter text (CHAP0120)02/21/17
notes: Requires the Department of Motor Vehicles (DMV) to refer the case of any person believed incompetent by a physician, nurse practitioner, or physician assistant to the Medical Advisory Board for an advisory opinion. The bill requires the DMV to administer the knowledge and road skills tests or refer the driver for a complete driver evaluation conducted by a driver rehabilitation specialist prior to suspending such person's driver's license in cases where the driver's physician submits the initial impaired driver report recommending that the person no longer drive. The bill requires a physician who has reason to believe the results of an examination could lead to a revocation of the patient's driving privileges to notify the patient prior to such examination that the examination could result in the loss of driving privileges.
HB 1508 - Hope - Critical incident reports; DBHDS to provide written report. (H) Committee on Appropriations

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0455)03/13/17
notes: Requires the Commissioner of Behavioral Health and Developmental Services to provide a written report setting forth the known facts of critical incidents or deaths of individuals receiving services in programs operated or licensed by the Department of Behavioral Health and Developmental Services to the Director of the Commonwealth's designated protection and advocacy system within 15 working days of the critical incident or death. Currently, reports are required only for critical incidents or deaths occurring at facilities operated by the Department.
HB 1510 - Lindsey - Appointment of guardian ad litem in civil cases. (H) Committee for Courts of Justice(H) Left in Courts of Justice02/07/17
notes: THIS BILL IS DEFEATED. Requires the court to appoint a guardian ad litem for a person under a disability who is a party in a civil case. Current law requires the appointment only for a person under a disability who is a party defendant.
HB 1522 - Leftwich - Death penalty; severe mental illness. (H) Committee for Courts of Justice(H) Left in Courts of Justice02/07/17
notes: Provides that a defendant in a capital case who had a severe mental illness, which is defined in the bill, at the time of the offense is not eligible for the death penalty. The bill establishes procedures for determining whether a defendant had a severe mental illness at the time of the offense and provides for the appointment of expert evaluators. When the defendant's severe mental illness is at issue, a determination will be made by the jury, or by the judge in a bench trial, as part of the sentencing proceeding, and the defendant bears the burden of proving his severe mental illness by a preponderance of the evidence.
HB 1548 - Farrell - Advance directives; admission of person for mental health treatment, capacity determinations. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0456)03/13/17
notes: Amends procedures for advance directives to (i) provide that in cases in which a person has executed an advance directive granting an agent authority to make decisions for the declarant regarding mental health care, including decisions regarding admission to a facility for mental health treatment, the determination that the person is incapable of making an informed decision regarding such care or admission may be made by the attending physician or a psychiatrist, licensed clinical psychologist, licensed psychiatric nurse practitioner, or designee of the local community services board following an in-person examination and (ii) provide that a person's agent may make a health care decision over the protest of the person if, in addition to other factors, at the time the advance directive was made, a licensed physician, licensed clinical psychologist, licensed physician assistant, licensed nurse practitioner, licensed professional counselor, or licensed clinical social worker who was familiar with the person attested in writing that the person was capable of making an informed decision and understood the consequences of the provision. The bill also clarifies that admissions of a person to a facility for mental health treatment by an agent acting pursuant to an advance directive shall be subject to the requirements of 37.2-805.1.
HB 1549 - Farrell - Community services boards and behavioral health authorities; services to be provided, report. (H) Committee on Appropriations

(S) Committee on Finance
(G) Acts of Assembly Chapter text (CHAP0683)03/20/17
notes: Provides that the core of services provided by community services boards and behavioral health authorities shall include, effective July 1, 2018, (i) same-day access to mental health screening services and (ii) outpatient primary care screening and monitoring services for physical health indicators and health risks and follow-up services for individuals identified as being in need of assistance with overcoming barriers to accessing primary health services. The bill provides that the core of services provided by community services boards and behavioral health authorities shall additionally include, effective July 1, 2021, crisis services for individuals with mental health or substance use disorders; outpatient mental health and substance abuse services; psychiatric rehabilitation services; peer support and family support services; mental health services for certain members of the armed forces and veterans; care coordination services; and case management services, including targeted mental health case management services. The bill also requires the Department of Behavioral Health and Developmental Services to report annually regarding progress in the implementation of this act.
HB 1550 - Farrell - Involuntary Mental Commitment Fund; DBHDS, et al., to study use of Fund. (H) Committee on Rules(H) Tabled in Rules01/26/17
notes: Requires the Department of Behavioral Health and Developmental Services, in cooperation with the Department of Medical Assistance Services, to study the use of the Involuntary Mental Commitment Fund, including (i) the potential use of the Involuntary Mental Commitment Fund to fund both involuntary temporary detention and voluntary treatment in a health care facility for the treatment of mental illness to reduce the use of involuntary treatment in the Commonwealth,(ii) the potential benefits of transferring management of the Involuntary Mental Commitment Fund from the Department of Medical Assistance Services to the Department of Behavioral Health and Developmental Services, and (iii) any other strategies for improving use of the funds in the Involuntary Mental Commitment Fund to improve access to mental health services in the Commonwealth. The Department of Behavioral Health and Developmental Services shall report its findings to the Joint Subcommittee Studying Mental Health Services in the Commonwealth in the 21st Century by November 1, 2017.
HB 1551 - Farrell - Commitment hearings; sharing of records and information. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0188)02/23/17
notes: Provides that records and information related to proceedings, hearings, and orders for involuntary commitment in the possession of the court, including identifiable information, shall be transmitted to the Department of Behavioral Health and Developmental Services upon request for the purpose of enabling the Department and its agents to maintain statistical archives and merge the data with other records and information in the Department's statistical archives; conduct research on the characteristics and outcomes of proceedings, hearings, and orders; and otherwise carry out its responsibilities in accordance with the provisions of Title 37.2 (Behavioral Health and Developmental Services). The bill requires the Department to take all necessary steps to protect the security and privacy of the records and information provided pursuant to the provisions of the bill in accordance with the requirements of state and federal law and regulations.
HB 1583 - Campbell - Southwestern Virginia Training Center; delay closure. (H) Committee on Appropriations(H) Left in Appropriations02/08/17
notes: Provides that the Southwestern Virginia Training Center shall remain open until June 30, 2019, and continue to accept new admissions of individuals with intellectual disabilities for whom treatment in a training center is appropriate.
HB 1634 - Sullivan - State agencies; criminal background checks for certain positions, annual report to DHRM. (H) Committee on General Laws(H) Stricken from docket by General Laws02/02/17
notes: Requires each state agency to create and annually update a list of the positions that it has designated as sensitive and submit the list to the Department of Human Resources Management by July 1 of each year. The bill clarifies who would be subject to a criminal background investigation in a sensitive position. The bill expands the definition of sensitive position to include those positions (i) responsible for the health, safety, and welfare of citizens or the protection of critical infrastructures; (ii) that have access to sensitive information, including information obtained from the Internal Revenue Service; and (iii) that are otherwise required by state or federal law to be designated as sensitive. The bill contains an emergency clause.
HB 1777 - Stolle - Hospitals providing psychiatric services; denials of admission. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0175)02/23/17
notes: Requires the Board of Health to promulgate regulations that require each hospital that provides psychiatric services to establish a protocol that (i) requires, prior to refusing the admission of a medically stable patient referred to its psychiatric unit, direct verbal communication between the on-call physician in the psychiatric unit and the referring physician and (ii) prohibits on-call physicians or other hospital staff from refusing a request for such direct verbal communication by a referring physician.
HB 1783 - Bell, Robert B. - Prisoners; mental health screening upon admission to a local correctional facility. (H) Committee on Appropriations(H) Left in Appropriations02/08/17
notes: Requires that the staff of a local, regional, or community correctional facility screen persons admitted to the facility for mental illness using a scientifically validated instrument identified by the Department of Criminal Justice Services in consultation with the State Board of Corrections and the Department of Behavioral Health and Developmental Services. The bill also requires that these entities develop and deliver a training program for employees of such facilities in the administration of such instrument. The bill provides that if the screening indicates that a person may have a mental illness, an assessment of his need for mental services shall be conducted within 72 hours of the time of the screening by a qualified mental health professional.
HB 1784 - Bell, Robert B. - Forensic discharge planning services; local and regional correctional facilities. (H) Committee for Courts of Justice

(S) Committee on Rehabilitation and Social Services
(G) Acts of Assembly Chapter text (CHAP0192)02/23/17
notes: Directs the Commissioner of Behavioral Health and Developmental Services, in conjunction with the relevant stakeholders, to develop a comprehensive plan, by November 1, 2017, for the provision of forensic discharge planning services at local and regional correctional facilities for persons who have serious mental illnesses who are to be released from such facilities.
HB 1845 - Cox - Model addiction recovery program; DCJS, et al., to develop. (H) Committee on Health, Welfare and Institutions

(S) Committee on Finance
(G) Acts of Assembly Chapter text (CHAP0758)03/24/17
notes: Requires the Department of Criminal Justice Services, in consultation with the Department of Behavioral Health and Developmental Services, to develop a model addiction recovery program that may be administered by sheriffs, deputy sheriffs, jail officers, administrators, or superintendents in any local or regional jail. The bill requires that participation in such program be voluntary and that such program address multiple aspects of the recovery process, including medical and clinical recovery, peer-to-peer support, availability of mental health resources, family dynamics, and aftercare aspects of the recovery process.
HB 1878 - Pogge - Suspension of license; person legally adjudged incompetent. (H) Committee on Transportation

(S) Committee on Transportation
(G) Acts of Assembly Chapter text (CHAP0156)02/23/17
notes: Removes the requirement that, upon notice, the Commissioner of the Department of Motor Vehicles must suspend the license of a person who has been legally adjudged to be incapacitated if on the basis of medical evidence in the court order the court has specifically permitted such person the right to drive. Current law requires such suspension regardless of a court order permitting a person deemed incapacitated the right to drive. The bill provides that if the court order specifically permits the person adjudged incapacitated to drive, the court shall not send a certified copy or abstract of such adjudication to the Commissioner.
HB 1910 - Yost - Definition of mental health service provider. (H) Committee for Courts of Justice

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0417)03/13/17
notes: Adds physician assistant to the list of mental health service providers who have a duty to take precautions to protect third parties from violent behavior or other serious harm.
HB 1918 - Robinson - Acute psychiatric patient registry; DBHDS to develop and administer. (H) Committee for Courts of Justice(H) Left in Courts of Justice02/07/17
notes: Directs the Department of Behavioral Health and Developmental Services to develop and administer a web-based acute psychiatric patient registry to collect, aggregate, and display de-identified information about individuals who meet the criteria for temporary detention to facilitate the timely identification of a facility for temporary detention and treatment of the individual. The bill requires each community services board and behavioral health authority in the Commonwealth to update information contained in the acute psychiatric patient registry to include information about a person found to meet the criteria for temporary detention and requires private providers to identify patients for whom they are able to provide temporary detention and treatment and to contact the state facility, community services board, or behavioral health agency having custody of the individual to facilitate the transfer of the patient to the provider for temporary detention and treatment.
HB 1944 - Peace - Administrative Process Act; certain regulations for licensed providers by DMAS and DBHDS. (H) Committee on Appropriations

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0599)03/16/17
notes: Sets out additional procedures to be followed by the Department of Medical Assistance Services and the Department of Behavioral Health and Developmental Services when promulgating certain regulations that apply to licensed providers. The bill also requires the Department of Planning and Budget, in conducting the economic impact analysis on proposed regulations of any agency subject to the Administrative Process Act, to provide an opportunity for comment to a business or other entity to which a proposed regulation would apply regarding the anticipated economic impact of the proposed regulation. The bill provides that any such comment shall be considered by the Department of Planning and Budget and included in its economic impact analysis. The bill contains technical amendments.
HB 1972 - O'Quinn - Closure of the Southwestern Virginia Training Center and the Southeastern Virginia Training Center. (H) Committee on Appropriations(H) Left in Appropriations02/08/17
notes: Provides that the Southwestern Virginia Training Center and the Southeastern Virginia Training Center shall not be closed and shall instead remain open and continue to accept new admissions of individuals with intellectual disability for whom treatment in a training center is appropriate.
HB 1975 - Yost - Temporary detention; minimum time period. (H) Committee for Courts of Justice(H) Left in Courts of Justice02/07/17
notes: Provides that an inmate in a jail or an acquittee on conditional release held pursuant to a temporary detention order shall be held for at least 23 hours after the execution of the order. The bill also provides that a person held pursuant to a temporary detention order shall be held for up to 24 hours after admission to the facility of temporary detention for the provision of mental health treatment to stabilize such person's psychiatric condition. Currently, an inmate, acquittee, or person may be held pursuant to a temporary detention order for up to 72 hours, but there is no requirement that a person subject to such order be held for any minimum time period.
HB 2095 - Price - Peer recovery specialists and qualified mental health professionals; registration. (H) Committee on Appropriations

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0418)03/13/17
notes: Registration of peer recovery specialists and qualified mental health professionals. Authorizes the registration of peer recovery specialists and qualified mental health professionals by the Board of Counseling. The bill defines "qualified mental health professional" as a person who by education and experience is professionally qualified and registered by the Board of Counseling to provide collaborative mental health services for adults or children. The bill requires that a qualified mental health professional provide such services as an employee or independent contractor of a mental health service provider licensed by the Department of Behavioral Health and Developmental Services. The bill defines "registered peer recovery specialist" as a person who by education and experience is professionally qualified and registered by the Board of Counseling to provide collaborative services to assist individuals in achieving sustained recovery from the effects of addiction or mental illness, or both. The bill requires that a registered peer recovery specialist provide such services as an employee or independent contractor of the Department of Behavioral Health and Developmental Services, a mental health service provider licensed by the Department of Behavioral Health and Developmental Services, a practitioner licensed by or holding a permit issued from the Department of Health Professions, or a facility licensed by the Department of Health. The bill adds qualified mental health professionals and registered peer recovery specialists to the list of mental health providers that are required to take actions to protect third parties under certain circumstances and notify clients of their right to report to the Department of Health Professions any unethical, fraudulen
HB 2125 - Minchew - Drug treatment courts; Counties of Clarke, Frederick, and Loudoun. (H) Committee for Courts of Justice(H) Left in Courts of Justice02/07/17
notes: Authorizes the establishment of drug treatment courts in the Counties of Clarke, Frederick, and Loudoun.
HB 2126 - Levine - Family and Medical Leave Insurance Program; established. (H) Committee on Commerce and Labor(H) Left in Commerce and Labor02/08/17
notes: Entitles individuals to a family and medical leave insurance (FMLI) benefit payment for each month they are engaged in qualified caregiving, not to exceed 60 qualified caregiving days per year. Qualified caregiving means an activity, except regular employment, for a reason an individual is entitled to leave under the federal Family and Medical Leave Act of 1993. Benefits would amount to 66 percent of an individual's monthly wages, based on highest annual earnings from the prior three years, up to a capped monthly amount, and would be indexed to the national average wage index. If a person takes the maximum number of days, the benefits would range from a minimum benefit of $580 to a maximum benefit of $4,000 per month in the program's first year. To be eligible for benefits, an individual is required to (i) be insured for disability insurance benefits under the Social Security Act at the time his application is filed; (ii) have earned income from employment during the 12 months before filing the application; (iii) have filed an application for a FMLI benefit; and (iv) have been engaged in qualified caregiving, or anticipate being so engaged, during the 90-day period before the application is filed or within 30 days thereafter. The measure establishes the Family and Medical Insurance Leave Fund and requires FMLI benefit payments to be made only from this Fund. A tax of 0.2 percent is imposed on the wages received by every individual, and an excise tax of 0.2 percent of the wages paid in any calendar year by the employer with respect to their employment is imposed on employers. The measure has a delayed effective date of January 1, 2018.
HB 2161 - Pillion - Opioids; workgroup to establish guidelines for prescribing. (H) Committee on Health, Welfare and Institutions

(S) Committee on Rules
(G) Acts of Assembly Chapter text (CHAP0180)02/23/17
notes: Requires the Secretary of Health and Human Resources to convene a workgroup that shall include representatives of the Departments of Behavioral Health and Developmental Services, Health, and Health Professions as well as representatives of the State Council of Higher Education for Virginia and each of the Commonwealth's medical schools, dental schools, schools of optometry, schools of pharmacy, physician assistant education programs, and nursing education programs to develop educational standards and curricula for training health care providers, including physicians, dentists, optometrists, pharmacists, physician assistants, and nurses, in the safe and appropriate use of opioids to treat pain while minimizing the risk of addiction and substance abuse. The workgroup shall report its progress and the outcomes of its activities to the Governor and the General Assembly by December 1, 2017.
HB 2164 - Pillion - Drugs of concern; drug of concern. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0181)02/23/17
notes: Adds any material, compound, mixture, or preparation containing any quantity of gabapentin, including any of its salts, to the list of drugs of concern.
HB 2165 - Pillion - Opiate prescriptions; electronic prescriptions. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0115)02/21/17
notes: Requires a prescription for any controlled substance containing an opiate to be issued as an electronic prescription and prohibits a pharmacist from dispensing a controlled substance that contains an opiate unless the prescription is issued as an electronic prescription, beginning July 1, 2020. The bill defines electronic prescription as a written prescription that is generated on an electronic application in accordance with federal regulations and is transmitted to a pharmacy as an electronic data file. The bill requires the Secretary of Health and Human Resources to convene a work group to review actions necessary for the implementation of the bill's provisions and report on the work group's progress to the Chairmen of the House Committee on Health, Welfare and Institutions and the Senate Committee on Education and Health by November 1, 2017 and a final report to such Chairmen by November 1, 2018.
HB 2166 - Pillion - Controlled substances; possession, penalty. (H) Committee for Courts of Justice

(S) Committee for Courts of Justice
(S) Passed by indefinitely in Courts of Justice (14-Y 0-N)02/08/17
notes: Lists possession of certain controlled substances (buprenorphine, cocaine, codeine, fentanyl, heroin, hydrocodone, hydromorphone, methadone, methamphetamine; methylphenidate, morphine, and oxycodone) as separate offenses under the existing crime of possession of controlled substances for the purpose of having the Virginia Criminal Sentencing Commission promulgate separate Virginia crime codes for such offenses. The bill does not alter the existing penalty for possession of these substances.
HB 2184 - Yost - Inmates; inpatient psychiatric hospital admission. (H) Committee for Courts of Justice

(S) Committee for Courts of Justice
(G) Acts of Assembly Chapter text (CHAP0463)03/13/17
notes: Requires that the person having custody of an inmate ensure that such inmate receives any evaluation or assessment required to be considered in a hearing related to inpatient psychiatric hospital admission.
HB 2217 - Toscano - Address confidentiality program; victims of sexual violence and human trafficking. (H) Committee on General Laws

(S) Committee on General Laws and Technology
(G) Acts of Assembly Chapter text (CHAP0498)03/13/17
notes: Expands the types of crimes victims of which are eligible to apply for the address confidentiality program to include sexual violence and human trafficking. Current law permits victims of domestic violence and stalking to apply to this program. The bill requires that sexual or domestic violence programs be accredited by the Virginia Sexual Violence Program Professional Standards Committee to accept applications and authorizes crime victim and witness assistance programs to accept applications. The bill increases the certification period from one to three years. The bill contains technical amendments.
HB 2330 - Heretick - Inpatient psychiatric hospital admission; defendant found incompetent. (H) Committee for Courts of Justice(H) Left in Courts of Justice02/07/17
notes: Removes the prohibition on inpatient psychiatric hospital admission for defendants who have already been ordered to receive treatment to restore their competency to stand trial. Companion bills: Sb 895 and SB 935
HB 2451 - Torian - Professional and occupational licensing; restoration of rights. (H) Committee on General Laws(H) Stricken from docket by General Laws02/02/17
notes: Professional and occupational licensing; restoration of rights. Includes consideration of whether a person's right to vote has been restored as part of a regulatory board's determination of whether a criminal conviction directly relates to an occupation or profession for which a license is sought.
HB 2457 - Garrett - Health and Human Resources Secretariat; agencies of Secretariat shall share data, records, etc. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0467)03/13/17
notes: Provides that the agencies of the Health and Human Resources Secretariat shall be deemed a single state agency for the purposes of data collection and sharing and shall share data, records, and information about applicants for and recipients of services from the agencies of the Secretariat, to the extent allowed by federal law, for the purposes of (i) streamlining administrative processes and reducing administrative burdens on the agencies, (ii) reducing paperwork and administrative burdens on the applicants and recipients, and (iii) increasing access to and quality of services provided by the agencies. The bill requires the Secretary of Health and Human Resources to report on the implementation of the provisions of this act by December 1, 2017.
HB 2462 - Bell, Robert B. - Inpatient psychiatric hospital admission; defendant found incompetent. (H) Committee for Courts of Justice

(S) Committee for Courts of Justice
(G) Acts of Assembly Chapter text (CHAP0468)03/13/17
notes: Removes the prohibition on inpatient psychiatric hospital admission for defendants who have already been ordered to receive treatment to restore their competency to stand trial.
HJ 548 - Bell, Richard P. - National Suicide Prevention Week. (H) Committee on Rules

(S) Committee on Rules
(H) Bill text as passed House and Senate (HJ548ER)02/15/17
notes: Designates the week of September 10, in 2017 and in each succeeding year, as National Suicide Prevention Week in Virginia.
HJ 568 - Farrell - Study; Joint Commission on Health Care to study options for use of telemental health; report. (H) Committee on Rules(H) Tabled in Rules01/26/17
notes: Directs the Joint Commission on Health Care to study options for increasing the use of telemental health services in the Commonwealth, including the issues and recommendations set forth in the report of the Telemental Health Work Group of the Joint Subcommittee Studying Mental Health Services in the Commonwealth in the 21st Century and to report its findings to the Joint Subcommittee by November 1, 2017.
HJ 637 - Bell, Robert B. - Mental Health Services in the Commonwealth in the 21st Century; Joint Subcommittee to study. (H) Committee on Rules(H) Tabled in Rules01/26/17
notes: Continues the Joint Subcommittee to Study Mental Health Services in the Commonwealth in the Twenty-First Century for two additional years, through December 1, 2019.
HJ 709 - Poindexter - Study; Secretary of Technology; interfacing of electronic medical records and information; report. (H) Committee on Rules(H) Tabled in Rules01/26/17
notes: Requests the Secretary of Technology to (i) study the development of an effective and efficient system that interfaces electronic medical records and information throughout the Commonwealth; (ii) identify strategies to implement such health care interface and the costs associated therewith; (iii) assess various testing strategies for the interface; (iv) recommend security and data standards for the interface; and (v) develop a systematic approach to interface operation, including developing, testing, implementing, and maintaining the interface.
HJ 720 - Pogge - Study; Department of Behavioral Health and Developmental Services; placement of group homes. (H) Committee on Rules(H) Tabled in Rules01/26/17
notes: Requests the Department of Behavioral Health and Developmental Services to (i) identify and make recommendations for the content and timing of notices that should be given prior to locating a group home, residential care facility, or detention center; (ii) make recommendations for improvements to public hearings that are required when a person seeks to establish a group home, residential care facility, or detention center; (iii) assess the appropriateness of restrictive covenants that prohibit homeowners from using, or renting a dwelling for another to use, their premises to house one or more persons who may present a threat to the health or safety of other individuals in the neighborhood on the basis of a prior criminal conviction; (iv) make recommendations for appropriate restrictions on the location of group homes, residential care facilities, and detention centers; (v) identify staff-to-resident ratio requirements that should be imposed on group homes, residential care facilities, and detention centers that house one or more persons who have a prior record of civil or criminal mental health commitment on the basis of being a danger to themselves; and (vi) review and make recommendations to improve licensure and other regulatory requirements for group homes, residential care facilities, and detention centers.
HJ 779 - Holcomb - Study; Joint Commission on Health Care; Impact of requiring community services boards. (H) Committee on Rules(H) Tabled in Rules01/26/17
notes: Directs the Joint Commission on Health Care to study the impact of requiring community services boards to provide mental health services in jails, including the benefits and costs of requiring community services boards to provide mental health services to inmates of jails in the Commonwealth and barriers to requiring community services boards to provide menta health services to inmates of jails in the Commonwealth, and to make recommendations as to whether community services boards should be required to provide mental health services to inmates in jails.
SB 232 - Hanger - Capital outlay plan; revises six-year plan for projects. (H) Committee on Appropriations

(S) Committee on Finance
(H) Left in Appropriations12/01/16
notes: Revises the six-year capital outlay plan for projects to be funded entirely or partially from general fund-supported resources.
SB 794 - Cosgrove - City of Chesapeake; pilot program for problem-solving docket. (S) Committee for Courts of Justice(S) Stricken at the request of Patron in Courts of Justice (12-Y 0-N)01/16/17
notes: Authorizes the City of Chesapeake to establish a pilot program to promote public safety and reduce recidivism by creating a problem-solving docket to address substance abuse, mental illness, issues unique to military service experienced by veterans, and issues related to previously incarcerated persons. The bill directs the Department of Behavioral Health and Developmental Services, the Department for Aging and Rehabilitative Services, and the Department of Veterans Services to provide assistance to the City of Chesapeake as requested. The bill provides for the City of Chesapeake to report on the pilot program to the Commissioners of the assisting agencies on or before November 30, 2018. The bill has an expiration date of July 1, 2019.
SB 848 - Wexton - Naloxone; dispensing for use in opioid overdose reversal, etc. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0055)02/20/17
notes: Allows a person who is authorized by the Department of Behavioral Health and Developmental Services to train individuals on the administration of naloxone for use in opioid overdose reversal and who is acting on behalf of an organization that provides substance abuse treatment services to individuals at risk of experiencing opioid overdose or training in the administration of naloxone for overdose reversal and that has obtained a controlled substances registration from the Board of Pharmacy pursuant to 54.1-3423 to dispense naloxone to a person who has completed a training program on the administration of naloxone for opioid overdose reversal, provided that such dispensing is (i) pursuant to a standing order issued by a prescriber,(ii) in accordance with protocols developed by the Board of Pharmacy in consultation with the Board of Medicine and the Department of Health, and (iii) without charge or compensation. The bill also provides that a person who dispenses naloxone shall not be liable for civil damages of ordinary negligence for acts or omissions resulting from the rendering of such treatment if he acts in good faith and that a person to whom naloxone has been dispensed pursuant to the provisions of the bill may possess naloxone and may administer naloxone to a person who is believed to be experiencing or about to experience a life-threatening opioid overdose.
SB 888 - Chafin - Civil immunity; emergency services and communications. (S) Committee for Courts of Justice(S) Stricken at the request of Patron in Courts of Justice (14-Y 0-N)01/30/17
notes: Extends immunity from civil liability to persons involved in providing, operating, or maintaining services or equipment used for emergency assistance, unless the act or omission that gave rise to the injury is a result of such person's gross negligence or willful misconduct. Under current law, such immunity is limited to persons who are communications services providers, a term defined in Title 58.1.
SB 894 - Favola - Commissioner of Behavioral Health and Developmental Srvcs; reports of critical incidents or death. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0470)03/13/17
notes: Requires the Commissioner of Behavioral Health and Developmental Services (the Commissioner) to provide to the Director of the Commonwealth's designated protection and advocacy system a written report setting forth the known facts of critical incidents or deaths of individuals receiving services through programs operated or licensed by the Department of Behavioral Health and Developmental Services within 15 working days of the critical incident or death. Under current law, the Commissioner is required to provide such reports only if the individual who is the subject of the report was receiving services in a state or licensed hospital, training center, psychiatric hospital, or other type of residential or outpatient mental health or developmental services facility.
SB 895 - Marsden - Inpatient psychiatric hospital admission; defendant found incompetent. (S) Committee for Courts of Justice(S) Incorporated by Courts of Justice (SB935-Lucas) (12-Y 0-N)01/16/17
notes: Removes the prohibition on inpatient psychiatric hospital admission for defendants who have already been ordered to receive treatment to restore their competency to stand trial.
SB 933 - Favola - DCJS training; jail officers; mental health first aid. (S) Committee on Finance(S) Incorporated by Finance (SB940-Cosgrove) (16-Y 0-N)01/31/17
notes: Requires that the compulsory training standards established by the Department of Criminal Justice Services for persons employed as deputy sheriffs and jail officers by local criminal justice agencies include annual training in mental health first aid.
SB 935 - Lucas - Inpatient psychiatric hospital admission; defendant found incompetent. (H) Committee for Courts of Justice

(S) Committee for Courts of Justice
(G) Acts of Assembly Chapter text (CHAP0605)03/16/17
notes: Removes the prohibition on inpatient psychiatric hospital admission for defendants who have already been ordered to receive treatment to restore their competency to stand trial.
SB 940 - Cosgrove - Mental health screening of prisoners at local correctional facilities. (H) Committee on Appropriations

(S) Committee on Finance
(H) Left in Appropriations02/21/17
notes: Requires that the staff of a local or regional correctional facility screen persons admitted to the facility for mental illness using a scientifically validated instrument designated by the Commissioner of Behavioral Health and Developmental Services. The bill provides that if the screening indicates that a person may have a mental illness, an assessment of his need for mental services shall be conducted within 72 hours of the time of the screening by a qualified mental health professional.
SB 941 - Cosgrove - Forensic discharge planning services; local and regional correctional facilities. (H) Committee on Health, Welfare and Institutions

(S) Committee on Rehabilitation and Social Services
(G) Acts of Assembly Chapter text (CHAP0137)02/21/17
notes: Directs the Commissioner of Behavioral Health and Developmental Services, in conjunction with the relevant stakeholders, to develop a comprehensive plan, by November 1, 2017, for the provision of forensic discharge planning services at local and regional correctional facilities for persons who have serious mental illnesses who are to be released from such facilities.
SB 975 - Lucas - Community services boards; preadmission screening for regional jail inmates. (H) Committee on Health, Welfare and Institutions

(S) Committee on Finance
(G) Acts of Assembly Chapter text (CHAP0606)03/16/17
notes: Provides that the duties of a community services board include providing preadmission screening services to inmates incarcerated in a regional jail where the locality served by the community services board is a participant in such jail. The bill allows for one or more of the community services boards that serve such localities to enter into a joint agreement regarding the provision of such services. In the absence of an agreement, each community services board is responsible for providing services to inmates convicted in the locality served by the community services board.
SB 1005 - Hanger - Community services boards and behavioral health authorities; services to be provided, report. (H) Committee on Appropriations

(S) Committee on Finance
(G) Acts of Assembly Chapter text (CHAP0607)03/16/17
notes: Provides that the core of services provided by community services boards and behavioral health authorities shall include, effective July 1, 2018, (i) same-day access to mental health screening services and (ii) outpatient primary care screening and monitoring services for physical health indicators and health risks and follow-up services for individuals identified as being in need of assistance with overcoming barriers to accessing primary health services. The bill provides that the core of services provided by community services boards and behavioral health authorities shall additionally include, effective July 1, 2021, crisis services for individuals with mental health or substance use disorders; outpatient mental health and substance abuse services; psychiatric rehabilitation services; peer support and family support services; mental health services for certain members of the armed forces and veterans; care coordination services; and case management services, including targeted mental health case management services. The bill also requires the Department of Behavioral Health and Developmental Services to report annually regarding progress in the implementation of this act.
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