Adult Mental Health

Bills CommitteeLast actionDate
HB 42 - Samirah - Prenatal and postnatal depression, etc.; importance of screening patients. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0709)04/06/20
notes: Directs the Boards of Medicine and Nursing to adopt regulations requiring licensees who provide primary, maternity, obstetrical, or gynecological health care services to complete a training program on prenatal and postnatal depression in women. Such training program shall include information on risk factors for and signs and symptoms of prenatal and postnatal depression, resources for the treatment and management of prenatal and postnatal depression, and steps the practitioner can take to link patients to such resources. The bill also requires the Board of Medicine to adopt regulations requiring licensees who provide primary, maternity, obstetrical, or gynecological health care services to screen all patients who are pregnant or who have been pregnant within the previous five years for prenatal or postnatal depression or other depression, as appropriate.
HB 115 - Hope - Health care providers, certain; program to address career fatigue and wellness, civil immunity. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0198)03/08/20
notes: Expands civil immunity for health care professionals serving as members of or consultants to entities that function primarily to review, evaluate, or make recommendations related to health care services to include health care professionals serving as members of or consultants to entities that function primarily to address issues related to career fatigue and wellness in health care professionals licensed to practice medicine or osteopathic medicine or licensed as a physician assistant. The bill also clarifies that, absent evidence indicating a reasonable probability that a health care professional who is a participant in a professional program to address issues related to career fatigue or wellness is not competent to continue in practice or is a danger to himself, his patients, or the public, participation in such a professional program does not trigger the requirement that the health care professional be reported to the Department of Health Professions. The bill contains an emergency clause.

HB 252 - Watts - Causing or encouraging acts rendering children sexually abused; penalty. (H) Committee for Courts of Justice(H) Continued to 2021 in Courts of Justice02/07/20
notes: Provides that any person 18 years of age or older who (i) (a) has physical custody of a minor, (b) allows a minor to reside at his residence, (c) is in a position of trust or authority over a minor, or (d) is the temporary caretaker of a minor; (ii) is more than three years older than such minor; and (iii) willfully contributes to, encourages, or causes any act, omission, or condition that results in any sexual act upon the minor in violation of the law is guilty of a Class 4 felony.
HB 253 - Watts - Sex Offender and Crimes Against Minors Registry Act; offenses requiring registration. (H) Committee for Courts of Justice

(S) Committee on Finance and Appropriations
(G) Acts of Assembly Chapter text (CHAP0389)03/23/20
notes: Adds a third or subsequent conviction of unlawful dissemination or sale of images of another to the list of offenses requiring registration under the Sex Offender and Crimes Against Minors Registry. The bill contains technical amendments.
HB 259 - Simon - Unrestorably incompetent defendant; competency report. (H) Committee for Courts of Justice

(S) Committee on the Judiciary
(G) Acts of Assembly Chapter text (CHAP1121)04/10/20
notes: Provides that in cases where a defendant's competency is primarily compromised due to an ongoing and irreversible medical condition and prior medical or educational records are available to support the diagnosis, a competency report may recommend that the court find the defendant unrestorably incompetent to stand trial, and the court may proceed with the disposition of the case based on such recommendation. Under current law, the defendant is required to undergo treatment to restore his competency before the court can find a defendant unrestorably incompetent to stand trial. The bill also provides that such person who is found unrestorably incompetent to stand trial shall be prohibited from purchasing, possessing, or transporting a firearm.
HB 260 - Lopez - Firearms; transfer, criminal history record check delay. (H) Committee on Public Safety(H) Left in Public Safety02/11/20
notes: Increases from the end of the next business day to within five business days the time in which State Police must advise a dealer if its records indicate that a firearms buyer or transferee is prohibited from possessing or transporting a firearm and the time after which a dealer may complete the sale or transfer without a response from the State Police. The bill removes the option in current law that a dealer may immediately complete the sale or transfer if he is advised by the State Police that a response will not be available within the required timeframe.
HB 268 - Heretick - Victim of human trafficking; petition for vacatur/expungement of convictions & police/court records. (H) Committee for Courts of Justice(H) Continued to 2021 in Courts of Justice01/31/20
notes: Allows any person who was a victim of human trafficking at the time of an offense that led to a criminal charge or conviction of certain crimes to petition the court to vacate such conviction and expunge the police and court records related to such conviction or to expunge the police and court records related to such charge. The bill provides that there is a rebuttable presumption that a person's participation in an offense was a result of having been a victim of human trafficking if there is official documentation, defined in the bill, of the petitioner's status as a victim of human trafficking at the time of the offense.
HB 280 - Hope - Death penalty; severe mental illness. (H) Committee for Courts of Justice(H) Left in Courts of Justice02/11/20
notes: Provides that a defendant in a capital case who had a severe mental illness, as 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. The bill provides that 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. The bill also provides that in the event the defendant fails to provide notice that he will offer testimony by an expert witness at such sentencing proceeding, the court may either allow the Commonwealth a continuance or, where the defendant is unable to show good cause for untimely notice, bar the defendant from presenting such evidence.
HB 303 - Hope - Clinical psychologists; telepsychology, services to established patients who are out of state. (H) Committee on Health, Welfare and Institutions(H) Left in Health, Welfare and Institutions02/11/20
notes: Allows clinical psychologists to provide services by telepsychology to established patients who are out of state at the time services are provided. The bill establishes the criteria that must be met for the clinical psychologist to offer telepsychology services. Clinical psychologists who offer telepsychology services must comply with the Standards of Practice set by the Board of Psychology.
HB 304 - Hope - Guardianship and conservatorship petitions; identifying characteristics of the respondent. (H) Committee for Courts of Justice

(S) Committee on the Judiciary
(S) Continued to 2021 in Judiciary (14-Y 0-N)02/19/20
notes: Adds certain identifying characteristics of the respondent to the content requirements of a petition for the appointment of a guardian, a conservator, or both. The bill further requires that such identifying characteristics be included in the information sent to the Criminal Records Exchange by the clerk.
HB 310 - Simonds - Alzheimer's Disease and Related Disorders Commission; extends sunset provision. (H) Committee on Health, Welfare and Institutions

(S) Committee on Rules
(G) Acts of Assembly Chapter text (CHAP0419)03/23/20
notes: Extends the sunset provision of the Alzheimer's Disease and Related Disorders Commission from July 1, 2020, to July 1, 2023.
HB 331 - Hope - Incapacitated person; definition, particular diagnosis. (H) Committee for Courts of Justice

(S) Committee on the Judiciary
(S) Passed by indefinitely in Judiciary (11-Y 4-N)02/17/20
notes: Specifies that a particular clinical diagnosis shall not alone be sufficient evidence that an individual is an incapacitated person within the meaning of the definition of incapacitated person.
HB 348 - Davis - Health insurance; authorization of drug prescribed by psychiatrist. (H) Committee on Appropriations(H) Left in Appropriations02/11/20
notes: Requires that any provider contract between a carrier and a participating health care provider with prescriptive authority, or its contracting agent, provide that no prior authorization is required for any drug prescribed by a psychiatrist, if (i) the drug is a covered benefit, (ii) the prescription does not exceed the FDA-labeled dosages, and (iii) the drug is prescribed consistent with the regulations of the Board of Medicine.
HB 362 - Rasoul - Physician assistant; capacity determinations. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0040)03/02/20
notes: Expands the class of health care practitioners who can make the determination that a patient is incapable of making informed decisions to include a licensed physician assistant. The bill provides that such determination shall be made in writing following an in-person examination of the person and certified by the physician assistant.
HB 412 - Delaney - Family or household member; adds to existing definition. (H) Committee for Courts of Justice(H) Continued to 2021 in Courts of Justice02/07/20
notes: Adds to the existing definition of "family or household member" any individual who is in or who, within the previous 12 months, has been in a dating relationship with the person. The definition is used for purposes of statutes related to assault and battery against a family or household member, stalking a family or household member, protective orders, and the recruitment of persons for criminal street gangs.
HB 450 - Levine - Appeal of involuntary admission order; possession of firearms, penalty. (H) Committee on Public Safety(H) Left in Public Safety02/11/20
notes: Provides that a person who is involuntarily admitted or ordered to mandatory outpatient treatment may not purchase, possess, or transport a firearm until his right to do so is restored by a court regardless of the outcome of any appeal of that order. A violation of this prohibition is a Class 1 misdemeanor. A third or subsequent offense is punishable as a Class 6 felony.
HB 470 - Mullin - Protective orders; petitioning court on behalf of incapacitated persons. (H) Committee for Courts of Justice(H) Left in Courts of Justice02/11/20
notes: Allows an employee of a local department of social services (local department) to petition a court on behalf of an incapacitated person for a preliminary protective order in cases of family abuse or non-family abuse. If the court finds by a preponderance of the evidence that the person is an incapacitated person and lacks the capacity to file such petition for himself, the court shall grant a guardian ad litem to represent the interests of the incapacitated person and may issue an order granting the preliminary protective order if other conditions required for the issuance of a preliminary protective order are met. The bill allows the employee of a local department who filed the petition to testify on behalf of the incapacitated person at any hearing for the preliminary protective order and at the full hearing on the petition. At the full hearing on the petition, the court may issue a protective order for a specified period of time, up to a maximum of two years, if the court finds by a preponderance of the evidence that the employee of a local department who filed the petition has proven the allegation of abuse or that the incapacitated person has been subjected to an act of violence, force, or threat.
HB 639 - Hurst - Persons acquitted by reason of insanity; use of two-way electronic communications in proceedings. (H) Committee for Courts of Justice

(S) Committee on the Judiciary
(G) Acts of Assembly Chapter text (CHAP0096)03/03/20
notes: Permits hearings required for proceedings involving persons acquitted of a criminal offense by reason of insanity to be conducted using a two-way electronic video and audio communication system.
HB 674 - Sullivan - Firearms; removal from persons posing substantial risk of injury to himself, etc., penalties. (H) Committee on Public Safety

(S) Committee on the Judiciary
(G) Acts of Assembly Chapter text (CHAP0887)04/08/20
notes: Creates a procedure by which any attorney for the Commonwealth or any law-enforcement officer may apply to a general district court, circuit court, or juvenile and domestic relations district court judge or magistrate for an emergency substantial risk order to prohibit a person who poses a substantial risk of injury to himself or others from purchasing, possessing, or transporting a firearm. If an emergency substantial risk order is issued, a judge or magistrate may issue a search warrant to remove firearms from such person. An emergency substantial risk order shall expire on the fourteenth day following issuance of the order. The bill requires a court hearing in the circuit court for the jurisdiction where the order was issued within 14 days from issuance of an emergency substantial risk order to determine whether a substantial risk order should be issued. Seized firearms shall be retained by a law-enforcement agency for the duration of an emergency substantial risk order or a substantial risk order or, for a substantial risk order and with court approval, may be transferred to a third party 21 years of age or older chosen by the person from whom they were seized. The bill allows the complainant of the original warrant to file a motion for a hearing to extend the substantial risk order prior to its expiration. The court may extend the order for a period not longer than 180 days. The bill provides that persons who are subject to a substantial risk order, until such order has been dissolved by a court, are guilty of a Class 1 misdemeanor for purchasing, possessing, or transporting a firearm; are disqualified from having a concealed handgun permit; and may not be employed by a licensed firearms dealer. The bill also provides that a person who tra
HB 699 - Hope - Mandatory outpatient treatment; rescission of order. (H) Committee on Appropriations(H) Left in Appropriations02/11/20
notes: Clarifies the types of evidence that may be considered by a court in determining whether continued mandatory outpatient treatment is warranted; clarifies the criteria that a court is required to consider when reviewing or determining whether to rescind or continue a mandatory outpatient order or order for mandatory outpatient treatment following inpatient treatment; provides that if a person who is the subject of a mandatory outpatient treatment order or order authorizing discharge to mandatory outpatient treatment following inpatient treatment files a petition for rescission of the order, the court shall appoint an examiner to personally examine the person to determine whether he meets the criteria for inpatient admission or mandatory outpatient treatment; limits the frequency with which a person who is the subject of a mandatory outpatient treatment order or order authorizing discharge to mandatory outpatient treatment following inpatient treatment may petition for review of such order to no more than once during each 90-day period following entry of such order; and makes clear that a mandatory outpatient treatment order or order authorizing discharge to mandatory outpatient treatment following inpatient treatment remains in full force and effect unless rescinded by the court and that revocation of a person's agreement to abide by a mandatory outpatient treatment plan or discharge plan that has been approved by the court shall not rescind the mandatory outpatient treatment order or order authorizing discharge to mandatory outpatient treatment following inpatient treatment.
HB 700 - Hope - Mandatory outpatient treatment; eliminates patient consent. (H) Committee on Appropriations(H) Left in Appropriations02/11/20
notes: Eliminates the patient consent requirement for minors age 14 or older and adults before mandatory outpatient treatment may be ordered but there is no change in the requirement that a minor's parents must agree to abide by the minor's treatment plan.
HB 702 - Hope - Mandatory outpatient treatment; petition for review, efforts of the community services board. (H) Committee on Health, Welfare and Institutions(H) Continued to 2021 in Health, Welfare and Institutions02/04/20
notes: Clarifies that a community services board must make efforts to assist a person with complying with the provisions of a mandatory outpatient treatment order or order authorizing discharge to mandatory outpatient treatment following inpatient treatment and that only in cases in which a person fails to comply with a mandatory outpatient treatment or order authorizing discharge to mandatory outpatient treatment following inpatient treatment despite efforts of the community services board to assist the person may the community services board petition for review of the mandatory outpatient order or order authorizing discharge to mandatory outpatient treatment following inpatient treatment.
HB 713 - Hope - Mandatory outpatient treatment orders; judicial review conferences. (H) Committee on Appropriations(H) Left in Appropriations02/11/20
notes: Extends from 90 days to 180 days the maximum time period a court may order mandatory outpatient treatment for adults and juveniles. The bill provides that any order for mandatory outpatient treatment may include provisions for periodic reviews to monitor the person's (i) access to and satisfaction with services and supports provided under the treatment plan and (ii) compliance with the mandatory outpatient order. The district court judge or special justice may require attendance at such conferences by the person, the community services board staff member responsible for monitoring the person's compliance with the order, and such other persons as deemed appropriate. If agreed upon by the person and monitoring community services board, the judge or special justice may (a) allow such review conferences to be conducted through an electronic video and audio or telephonic communication system and (b) make adjustments to the treatment plan.
HB 808 - Delaney - Survivors of sexual assault; definitions, every hospital to provide treatment or transfer services. (H) Committee on Appropriations

(S) Committee on Finance and Appropriations
(G) Acts of Assembly Chapter text (CHAP0725)04/06/20
notes: Requires every hospital in the Commonwealth to provide treatment or transfer services, as defined in the bill, to survivors of sexual assault pursuant to a plan approved by the Department of Health; establishes specific requirements for providers of services to pediatric survivors of sexual assault; requires the Criminal Injuries Compensation Fund to pay the costs of services provided to survivors of sexual assault; establishes the Task Force on Services for Survivors of Sexual Assault to facilitate the development of services for survivors of sexual assault; and establishes the Sexual Assault Forensic Examiner Program to increase the number of qualified sexual assault forensic services providers available in the Commonwealth.
HB 828 - Sullivan - Assisted living facilities and group homes; location. (H) Committee on Counties, Cities and Towns(H) Left in Counties, Cities and Towns02/11/20
notes: Requires that localities not allow certain assisted living facilities and group homes with eight or fewer residents approved by the locality on or after July 1, 2020, to be located within one-quarter mile of such existing assisted living facility or group home, provided such enforcement is in compliance with applicable state and federal fair housing laws.
HB 841 - Murphy - Guardianship; appointment of counsel for respondent, presence of respondent at hearings. (H) Committee for Courts of Justice(H) Incorporated by Courts of Justice (HB862-Levine)01/31/20
notes: Provides that a court shall appoint counsel for a respondent upon the filing of a petition seeking guardianship if the respondent is not represented by counsel. Under current law, court appointment of counsel is discretionary. The bill further provides that, except for good cause shown, a respondent shall be present at a hearing and given an opportunity to be heard on a petition to appoint a guardian and at all other stages of the guardianship proceedings. Under current law, the respondent shall be present if he requests to be present or if his presence is requested by the guardian ad litem. The bill further provides that a court shall require a petitioner to pay or reimburse the respondent's costs and fees if the court finds that the petitioner initiated a guardianship proceeding in bad faith or not for the benefit of the respondent and prohibits a petitioner from initiating any other guardianship or conservatorship proceeding. Under current law, payment or reimbursement is discretionary. The bill further requires that a petitioner certify in the petition for appointment as guardian, conservator, or both that he has notified certain relatives of the respondent of his intent to petition the court to act as such guardian, conservator, or both, and that such relatives have waived their right to serve in such a capacity and instead designate such petitioner to serve in such a capacity.
HB 855 - Murphy - Group home; definition, licensure of private providers. (H) Committee on Health, Welfare and Institutions(H) Left in Health, Welfare and Institutions02/11/20
notes: Defines "group home" for the purposes of licensure of private providers by the Departments of Social Services and Behavioral Health and Developmental Services and provides that "group home" does not include any facility licensed by the Department of Health.
HB 862 - Levine - Guardianship; communication between close relatives and friends of incapacitated persons. (H) Committee for Courts of Justice(H) Left in Courts of Justice02/11/20
notes: Provides that a guardian may restrict an incapacitated person's ability to communicate with, visit, or interact with close relatives, as defined in the bill, and friends, as defined in the bill, only when necessary to prevent a reasonable expectation of serious physical or psychological harm or serious financial exploitation occurring to the incapacitated person. The bill further sets up a procedure by which a person whose visits, communication with, or interaction with an incapacitated person have been restricted may challenge such restriction in court and a procedure by which a guardian may petition the court to restrict an incapacitated person's communication, visitation, and interaction rights with a close relative or friend. The bill provides that the court may restrict an incapacitated person's communication, visitation, and interaction rights with such person when it finds by clear and convincing evidence that serious physical or psychological harm or serious financial exploitation would reasonably be expected to occur to such incapacitated person from such communication, visitation, or interaction. The bill allows the court to require a guardian found to have imposed restrictions or brought such a petition in bad faith or not for the benefit of the incapacitated person to pay or reimburse all or some of the incapacitated person's reasonable costs and fees. The bill also specifies that such a finding may be grounds for termination of the guardianship appointment. The bill requires the guardian to notify close relatives and friends of the incapacitated person of certain life events of the incapacitated person, unless the guardian is notified in writing that any such close relative or friend does not wish to be notified or if t
HB 883 - Subramanyam - DCJS; costs and benefits of implementing a deflection to treatment program, report. (H) Committee on Health, Welfare and Institutions(H) Continued to 2021 in Health, Welfare and Institutions01/30/20
notes: Directs the Department of Criminal Justice Services to evaluate the costs and benefits of implementing a deflection to treatment program for individuals with substance use disorder or mental illness generally, and the Five Deflection Pathways in accordance with the Police, Treatment and Community Collaborative specifically, and to report its findings and recommendations to the Governor and the General Assembly by December 1, 2020.
HB 918 - Convirs-Fowler - Emergency custody and temporary detention orders; execution. (H) Committee on Health, Welfare and Institutions(H) Left in Health, Welfare and Institutions02/11/20
notes: Clarifies the meaning of the term "execute" for purposes of emergency custody and temporary detention orders, clarifies the scope of the medical evaluation of treatment that may be required by a facility of temporary detention, and provides that in cases in which an emergency custody or temporary detention order is not executed because of the time necessary to provide required medical evaluation and care, the facility shall notify the community services board.
HB 1026 - Adams, L.R. - Mandatory outpatient treatment; criteria. (H) Committee on Health, Welfare and Institutions(H) Continued to 2021 in Health, Welfare and Institutions02/04/20
notes: Eliminates the requirement that a person have a history of lack of compliance with treatment for mental illness that has, at least twice within the previous 36 months, resulted in the person being subject to an order for involuntary admission to be eligible for mandatory outpatient treatment following a period of involuntary inpatient treatment.
HB 1117 - Bell - Temporary detention order; transportation, change of provider. (H) Committee on Health, Welfare and Institutions(H) Incorporated by Health, Welfare and Institutions (HB1118-Bell)02/04/20
notes: Establishes procedures for changing the transportation provider designated to provide transportation to a minor or a person who is the subject of a temporary detention order.
HB 1118 - Bell - Involuntary admission order; transportation, transfer to local law enforcement. (H) Committee on Health, Welfare and Institutions

(S) Committee on the Judiciary
(G) Acts of Assembly Chapter text (CHAP0879)04/08/20
notes: Provides that in cases in which an alternative transportation provider providing transportation of a minor or a person who is subject to an involuntary admission order becomes unable to continue providing transportation, local law enforcement shall take custody of the minor or person and provide transportation to the proper facility.
HB 1168 - Wampler - Sexual abuse of certain children; penalty. (H) Committee for Courts of Justice(H) Left in Courts of Justice02/11/20
notes: Raises the penalty for sexual abuse of a child 13 or 14 years old from a Class 1 misdemeanor to a Class 5 felony.
HB 1206 - Tran - Guardian ad litem; compensation, order of the court. (H) Committee on Appropriations(H) Left in Appropriations02/11/20
notes: Provides that, in any civil action in which a guardian ad litem is appointed and for which the compensation and payment of expenses of such guardian ad litem are not otherwise provided for, a court may order that such compensation and expenses be paid by the Commonwealth for good cause shown.
HB 1231 - Wilt - Criminal Justice Services, Department of; crisis intervention team training. (H) Committee on Public Safety

(S) Committee on the Judiciary
(G) Acts of Assembly Chapter text (CHAP0514)03/31/20
HB 1281 - O'Quinn - Southwestern Va. Mental Health Institute; Governor to lease a portion of property to Smyth County. (H) Committee on Appropriations(H) Left in Appropriations02/11/20
notes: Authorizes the Governor to lease a portion of property previously used by the Department of Behavioral Health and Developmental Services as the Southwestern Virginia Mental Health Institute to Smyth County for a term of three years. The bill also corrects tax map references contained in Chapter 678 of the Acts of Assembly of 2019, which also involved conveyances of property in Smyth County.
HB 1287 - Murphy - Firearms dealer; employees. (H) Committee on Public Safety(H) Left in Public Safety02/11/20
notes: Provides that no person, corporation, or proprietorship licensed as a firearms dealer shall employ any person who is prohibited from possessing a firearm. Under current law such restriction is limited to persons employed as a seller for the transfer of firearms.
HB 1321 - Kory - Guardianship; supported decision making. (H) Committee on Health, Welfare and Institutions(H) Continued to 2021 in Health, Welfare and Institutions02/04/20
notes: Guardianship; supported decision making. Creates the Supported Decision-Making Act, which allows an adult with an intellectual or developmental disability to enter into an agreement with another person, called a "supporter," for the purposes of having the supporter assist the adult in making decisions to manage his affairs, giving adults who need assistance a less restrictive means of receiving such assistance than being appointed a guardian or conservator by a court.

The bill further requires a guardian ad litem in a proceeding for the appointment of a guardian or conservator to consider whether a less restrictive alternative, including the use of an advance directive or durable power of attorney, is available to provide assistance to the respondent, and it requires the guardian ad litem to include in his report to the court information as to whether a supported decision-making agreement is a viable option in lieu of guardianship or conservatorship.

The bill also provides that if the respondent to a guardianship or conservatorship petition is between 17 and a half and 21 years of age and has an Individualized Education Plan (IEP), the guardian ad litem appointed to represent the respondent shall review the IEP and ...

PLEASE refer to the bill for its other provisions.
HB 1328 - Watts - Offender medical & mental health information & records; exchange of information to facility, etc. (H) Committee on Public Safety

(S) Committee on Finance and Appropriations
(G) Acts of Assembly Chapter text (CHAP0836)04/07/20
notes: Provides that a health care provider who has been notified that a person to whom he has provided services is committed to a local or regional correctional facility must disclose to the person in charge of the facility any information necessary and appropriate for the continuity of care of the person committed. The bill also provides protection from civil liability for such health care provider, absent bad faith or malicious intent.
HB 1351 - Watts - Temporary detention; expands category of individuals who may evaluate a person. (H) Committee on Health, Welfare and Institutions(H) Continued to 2021 in Health, Welfare and Institutions02/04/20
notes: Expands the category of individuals who may evaluate a person who is the subject of an emergency custody order to determine whether the person meets the criteria for temporary detention to include any person described in the definition of "mental health professional" in 54.1-2400.1 who (i) is skilled in the diagnosis and treatment of mental illness, (ii) has completed a certification program approved by the Department of Behavioral Health and Developmental Services, and (iii) complies with regulations of the Board of Behavioral Health and Developmental Services related to performance of such evaluations.
HB 1380 - Leftwich - Uniform Directed Trust Act; codifies Act. (H) Committee for Courts of Justice

(S) Committee on the Judiciary
(G) Acts of Assembly Chapter text (CHAP0768)04/07/20
notes: Codifies the Uniform Directed Trust Act, which expressly validates terms of a trust that provide for a trust director, a term that is defined in the Act, and prescribes a set of rules for directed trusts, including allocation of fiduciary duties.
HB 1386 - Leftwich - Death penalty; severe mental illness. (H) Committee for Courts of Justice(H) Left in Courts of Justice02/11/20
notes: Provides that a defendant in a capital case who had a severe mental illness, as 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. The bill provides that 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. The bill also provides that in the event the defendant fails to provide notice that he will offer testimony by an expert witness at such sentencing proceeding, the court may either allow the Commonwealth a continuance or, under appropriate circumstances, bar the defendant from presenting such evidence.
HB 1452 - Hope - Temporary detention; observation, testing, or treatment. (H) Committee on Appropriations

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP1233)04/22/20
notes: Clarifies that a person can be subject to a temporary detention order for observation and treatment related to intoxication, upon a finding that (i) probable cause exists to believe the person is incapable of making or communicating an informed decision regarding treatment due to intoxication and (ii) that observation, testing, or treatment is necessary within the next 24 hours to prevent injury, disability, death, or other harm to the individual resulting from such intoxication. The bill also provides for the tolling of an emergency custody order for the period during which the person who is the subject of the emergency custody order is also subject to a temporary detention order for observation and treatment.
HB 1453 - Hope - Acute psychiatric bed registry; DBHDS shall establish work group to evaluate, etc. (H) Committee on Appropriations

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0367)03/18/20
notes: Adds information about the (i) total number of licensed beds, (ii) total number of staffed beds, (iii) current bed utilization, (iv) change in bed utilization since the most recent update, (v) number of beds actually available, (vi) number of requests for admission received since the most recent update, (vii) number of individuals admitted since the most recent update, and (vii) number of requests for admission denied since the most recent update and the reason for each such denial to the list of information that must be submitted to the acute psychiatric bed registry (the registry) daily by each public and private inpatient psychiatric facility and every public and private residential crisis stabilization unit in the Commonwealth. The bill also directs the Department of Behavioral Health and Developmental Services to create a work group to evaluate the purpose, structure, and effectiveness of the registry and make recommendations for statutory, budgetary, or other actions necessary to redefine the purpose of the registry and improve its structure and effectiveness. The work group shall report its findings, conclusions, and recommendations to the Governor and the Chairmen of the Senate Committee on Education and Health, House Committee on Health, Welfare and Institutions, and the Joint Subcommittee to Study Mental Health Services in the Commonwealth in the Twenty-First Century by November 1, 2020.
HB 1540 - Collins - Behavioral health providers; barrier crimes, exceptions. (H) Committee on Health, Welfare and Institutions

(S) Committee on Rehabilitation and Social Services
(G) Acts of Assembly Chapter text (CHAP1092)04/10/20
notes: Allows the Department of Behavioral Health and Developmental Services to hire individuals convicted of various barrier crimes in a position of employment at a state facility if more than 10 years have elapsed since the date of the conviction. The bill also allows a private provider of behavioral health services licensed by the Department to hire a person who was convicted of any misdemeanor violation related to assault and battery of a family or household member for compensated employment at adult substance abuse or adult mental health treatment facilities.
HB 1699 - Aird - Temporary detention; DBHDS shall study who may evaluate. (H) Committee on Rules

(S) Committee on Rules
(G) Acts of Assembly Chapter text (CHAP0918)04/09/20
notes: That the Commissioner of Behavioral Health and Developmental Services shall establish a work group to (i) review the current process for conducting evaluations of persons who are subject to emergency custody orders to determine whether they meet the criteria for temporary detention, including any challenges or barriers to timely completion of such evaluations and factors giving rise to delays in completion of such evaluations, and (ii) develop a comprehensive plan to expand the categories of individuals who may conduct evaluations of persons who are subject to emergency custody orders to determine whether they meet the criteria for temporary detention in order to expedite the evaluation process. Such comprehensive plan shall include specific recommendation for legislative or budget actions necessary to implement the plan. The work group shall include representatives of the Virginia Association of Community Services Boards, the National Alliance on Mental Illness - Virginia, the Psychiatric Society of Virginia, the Virginia College of Emergency Physicians, the Psychiatric Society of Virginia, and such other stakeholders as the Commissioner may deem appropriate. The work group shall report its findings and conclusions and the comprehensive plan to the Governor and the Chairmen of the House Committee on Health, Welfare, and Institutions, Senate Committee on Education and Health, and Joint Subcommittee to Study Mental Health Services in the Commonwealth in the 21st Century by December 1 2020. SAME AS SB 768
HB 1704 - Kory - Health insurance; coverage for case management services and peer support services. (H) Committee on Labor and Commerce(H) Stricken from docket by Labor and Commerce (22-Y 0-N)01/28/20
notes: Requires health insurance policies, subscription contracts, and health care plans to provide coverage for (i) case management services that are prescribed by a licensed physician for a covered individual who has a primary diagnosis of a substance abuse disorder and (ii) peer support services for any covered person who has a primary diagnosis of a mental health disorder other than substance abuse disorder.
HJ 26 - Watts - JLARC; reinstatement of discretionary parole, report. (H) Committee on Rules(H) Left in Rules02/11/20
notes: Directs the Joint Legislative Audit and Review Commission to study the reinstatement of discretionary parole, which was abolished in 1995.
HJ 27 - Mullin - Virginia's criminal justice system; State Crime Commission to study equity and fairness. (H) Committee on Rules(H) Left in Rules02/11/20
notes: Directs the Virginia State Crime Commission to study equity and fairness in Virginia's criminal justice system and to submit its findings and recommendations to the General Assembly no later than the first day of the 2021 Regular Session.
HJ 109 - Campbell, R.R. - Individuals with intellectual disabilities; JLARC to study cost-effective care. (H) Committee on Rules(H) Left in Rules02/11/20
notes: Directing the Joint Legislative Audit and Review Commission to study costs of care for individuals with intellectual disabilities. In conducting its study, the Joint Legislative Audit and Review Commission shall analyze the Commonwealth's per capita costs of care for individuals with intellectual disabilities and per capita costs of care and cost-effective methods used by other states to provide care for individuals with intellectual disabilities and shall make recommendations regarding how the Commonwealth can reduce such costs or make more efficient use of the services provided for individuals with intellectual disabilities to increase its efficiency in the provision of such care and services.
SB 52 - Stanley - Opioid addiction treatment pilot program; DBHDS, et al., to establish in Planning Dist. 12, clause. (H) Committee on Health, Welfare and Institutions

(S) Committee on Finance and Appropriations
(H) Tabled in Health, Welfare and Institutions (22-Y 0-N)02/18/20
notes: Requires the Department of Behavioral Health and Developmental Services (the Department), in partnership with community services boards, a hospital licensed in the Commonwealth, and telemedicine networks, to establish a two-year pilot program in Planning District 12 designed to provide comprehensive treatment and recovery services to uninsured or underinsured individuals suffering from opioid addiction or opioid-related disorders. The bill requires the Department and its partners to collaborate with a work group established by the Department of interested stakeholders to develop the pilot program.
SB 53 - Stanley - Social workers; licensure by endorsement. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0617)04/02/20
notes: Requires the Board of Social Work to establish in regulations the requirements for licensure by endorsement as a social worker. The bill allows the Board to issue licenses to persons licensed to practice social work under the laws of another state, the District of Columbia, or a United States possession or territory, if, in the opinion of the Board, the applicant meets the qualifications required of licensed social workers in the Commonwealth.
SB 55 - Cosgrove - Sex offenders in emergency shelters; notification, penalty. (S) Committee on the Judiciary(S) Stricken at the request of Patron in Judiciary (13-Y 0-N)01/13/20
notes: Provides that a registered sex offender who enters an emergency shelter designated by the Commonwealth or any political subdivision thereof and operated in response to a declared state or local emergency shall, as soon as practicable after entry, notify a member of the shelter's staff who is responsible for providing security of such person's status as a registered sex offender. The bill provides that any person who fails to notify the shelter's staff of his status as a registered sex offender is guilty of a Class 3 misdemeanor. This bill provides that no person shall be denied entry solely on the basis of his status as a sex offender unless such entry is otherwise prohibited by law, but emergency shelter staff may deny entry of a person on such registry who has been convicted of a sexually violent offense for a period of time necessary to ensure the safety of other individuals admitted to the emergency shelter.
SB 116 - Favola - Death penalty; severe mental illness. (H) Committee for Courts of Justice

(S) Committee on the Judiciary
(H) Left in Courts of Justice03/03/20
notes: Provides that a defendant in a capital case who had a severe mental illness, as 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. The bill provides that 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. The bill also provides that in the event the defendant fails to provide notice that he will offer testimony by an expert witness at such sentencing proceeding, the court may either allow the Commonwealth a continuance or, where the defendant is unable to show good cause for untimely notice, bar the defendant from presenting such evidence.
SB 120 - Barker - Health care providers, certain; program to address career fatigue and wellness, civil immunity. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP1093)04/10/20
notes: Expands civil immunity for health care professionals serving as members of or consultants to entities that function primarily to review, evaluate, or make recommendations related to health care services to include health care professionals serving as members of or consultants to entities that function primarily to address issues related to career fatigue and wellness in health care professionals licensed to practice medicine or osteopathic medicine or licensed as a physician assistant. The bill also clarifies that, absent evidence indicating a reasonable probability that a health care professional who is a participant in a professional program to address issues related to career fatigue or wellness is not competent to continue in practice or is a danger to himself, his patients, or the public, participation in such a professional program does not trigger the requirement that the health care professional be reported to the Department of Health Professions. The bill contains an emergency clause.
SB 168 - DeSteph - Line of Duty Act; Virginia licensed health practitioners required to conduct medical reviews. (H) Committee on Appropriations

(S) Committee on Finance and Appropriations
(H) Left in Appropriations03/03/20
notes: Requires that, for any medical review of a claim made pursuant to the provisions of the Line of Duty Act (LODA), the Virginia Retirement System shall require that such review be conducted by a doctor, nurse, or psychologist who is licensed in Virginia. The bill has a delayed effective date of July 1, 2021.
SB 215 - Suetterlein - Inmates; review of death in local correctional facilities, report. (H) Committee for Courts of Justice

(S) Committee on Rehabilitation and Social Services
(G) Acts of Assembly Chapter text reprinted (CHAP1287)05/21/20
notes: Provides that the Board of Corrections shall publish, on its website, an annual report summarizing the jail death reviews conducted by the Board within that year. The bill provides that such report shall include any trends or similarities among the deaths of inmates in local correctional facilities and present recommendations on policy changes to reduce the number of deaths in local correctional facilities.
SB 240 - Barker - Firearms; removal from persons posing substantial risk of injury to himself, etc., penalties. (H) Committee on Public Safety

(S) Committee on the Judiciary
(G) Acts of Assembly Chapter text (CHAP0888)04/08/20
notes: Creates a procedure by which any attorney for the Commonwealth or any law-enforcement officer may apply to a general district court, circuit court, or juvenile and domestic relations district court judge or magistrate for an emergency substantial risk order to prohibit a person who poses a substantial risk of injury to himself or others from purchasing, possessing, or transporting a firearm. If an emergency substantial risk order is issued, a judge or magistrate may issue a search warrant to remove firearms from such person. An emergency substantial risk order shall expire on the fourteenth day following issuance of the order. The bill requires a court hearing in the circuit court for the jurisdiction where the order was issued within 14 days from issuance of an emergency substantial risk order to determine whether a substantial risk order should be issued. Seized firearms shall be retained by a law-enforcement agency for the duration of an emergency substantial risk order or a substantial risk order or, for a substantial risk order and with court approval, may be transferred to a third party 21 years of age or older chosen by the person from whom they were seized. The bill allows the complainant of the original warrant to file a motion for a hearing to extend the substantial risk order prior to its expiration. The court may extend the substantial risk order for a period not longer than 180 days. The bill provides that persons who are subject to a substantial risk order, until such order has been dissolved by a court, are guilty of a Class 1 misdemeanor for purchasing, possessing, or transporting a firearm; are disqualified from having a concealed handgun permit; and may not be employed by a licensed firearms dealer. The bill also provides that
SB 256 - Ruff - Alzheimer's Disease and Related Disorders Commission; extends sunset provision. (H) Committee on Health, Welfare and Institutions

(S) Committee on Rules
(G) Acts of Assembly Chapter text (CHAP0226)03/10/20
notes: Extends the sunset provision of the Alzheimer's Disease and Related Disorders Commission from July 1, 2020, to July 1, 2023.