Adult Mental Health
Adult Mental Health
| Bills | Committee | Last action | Date |
| HB 16 – Habeeb – Civil rights; automatically restored to certain persons for eligibilty to register to vote. | (H) Committee on Militia, Police and Public Safety | (H) Subcommittee failed to recommend reporting (2-Y 3-N) | 01/19/12 |
| notes: Provides for the automatic restoration of civil rights to persons convicted of nonviolent felonies (excepting felony drug and election fraud crimes) upon completion of sentence, including any term of probation or parole, and the payment of all restitution, fines, costs, and fees assessed as a result of the felony conviction. |
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| HB 192 – Lewis – State facilities; reporting requirements of critical incidents involving consumers. | (H) Committee on Health, Welfare and Institutions | (H) Read first time | 02/03/12 |
| notes: Requires the director of each state hospital or training center to notify the next of kin or personal representative of any consumer who is involved in a critical incident. |
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| HB 409 – Watts – Financial exploitation of elderly or incapacitated adults; penalty. | (H) Committee for Courts of Justice | (H) Incorporated by Courts of Justice (HB987-Loupassi) | 01/30/12 |
| notes: Provides that any person who knowingly exploits the impaired mental or physical capacity of an incapacitated adult or an adult (defined in the section as 60 years old or older) by deception, intimidation, undue influence, coercion, harassment, duress, or misrepresentation to use, obtain, convert, or take control of or endeavor to use, obtain, convert, or take control of the incapacitated adult%92s or adult%92s money, assets, property, or financial resources with the intent to deprive the incapacitated adult or adult of the use, benefit, or possession of the money, assets, property, or financial resources and to convert such money, assets, property, or financial resources to the perpetrator%92s own use or benefit is guilty of a Class 5 felony. However, any responsible person or a person who has a fiduciary relationship with the incapacitated adult or adult who commits such a violation is guilty of a Class 3 felony. It is not a defense that the accused did not know the age of the victim. |
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| HB 638 – Stolle – Judicial authorization of treatment; advance directives. | (H) Committee for Courts of Justice | (H) Assigned Courts sub: #5 Mental Health | 01/16/12 |
| notes: Provides that a court authorizing medical treatment for an incapacitated person must do so in conformity with the terms of the person’s advance directive. The bill also provides that a court can authorize such treatment for an incapacitated person, despite the existence of an advance directive, where the person authorized to make medical decisions under the advance directive for the incapacitated person refuses or is unable to act or cannot be contacted within a reasonable period of time in light of the immediacy of the need for treatment. The bill also authorizes restraint or transportation of an incapacitated person if necessary for treating a mental disorder or a person subject to an order of involuntary admission. |
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| HB 662 – Surovell – Community Colleges, State Board for; development of mental health services. | (H) Committee on Education | (H) Subcommittee recommends laying on the table | 01/31/12 |
| notes: Requires the State Board for Community Colleges to develop standards and policies directing community colleges to adopt, incrementally and as resources become available, a mental health services action plan. |
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| HB 697 – Filler-Corn – Higher educational institutions; mental health policies. | (H) Committee on Education | (H) Assigned Education sub: Higher Education and Arts | 01/18/12 |
| notes: Requires the governing boards of each public institution of higher education to develop and implement a policy requesting each student to identify points of contact to be notified should the student experience a mental health crisis while attending the institution. The policy may require the student to waive any privacy or confidentiality privilege granted to him under law and related to mental health care if a crisis were to arise and the points of contact were to be notified. |
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| HB 700 – Filler-Corn – Crimes against incapacitated or elder adults; penalty. | (H) Committee for Courts of Justice | (H) Incorporated by Courts of Justice (HB987-Loupassi) | 01/30/12 |
| notes: Provides that any person who commits an offense set forth in Chapter 4 (crimes against the person), Chapter 5 (crimes against property), or Chapter 6 (crimes involving fraud) of Title 18.2, knowing or having reason to know that the victim of the offense is an incapacitated or elder adult is guilty of a separate and distinct Class 1 misdemeanor if the underlying offense is a misdemeanor and a separate and distinct Class 6 felony if the underlying offense is a felony. The bill also provides that if the offender is a person responsible for the care of the victim, punishment shall include a mandatory minimum term of confinement of 30 days if the underlying offense is a misdemeanor and a mandatory minimum term of confinement of six months if the underlying offense is a felony. |
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| HB 715 – Kilgore – Human Resource Management, Department of; state health plan. | (H) Committee on General Laws (S) Committee on General Laws and Technology |
(S) Referred to Committee on General Laws and Technology | 02/02/12 |
| notes: Makes necessary changes to the appeals process for complaints relating to the state health plan to conform Virginia law to federal health care reform. The bill removes the provision that coverage for mental disorders provided not be diminished or reduced below the coverage in effect for such disorders on January 1, 1999. |
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| HB 853 – Yost – Suicidal students; two-year higher educational institutions shall develop policies addressing. | (H) Committee on Education | (H) Subcommittee recommends reporting with amendment(s) (6-Y 0-N) | 01/31/12 |
| notes: Provides that two-year public institutions of higher education shall develop and implement policies to advise students, faculty, and staff of the proper procedures for identifying and addressing the needs of students exhibiting suicidal tendencies or behavior as resources become available for such purpose. The bill also deletes repetitive language permitting universities to establish policies regarding students who are a danger to themselves or others; this section and another on violence prevention already permit such policies. |
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| HB 882 – Sickles – Financial exploitation of elderly or vulnerable adults; penalty. | (H) Committee for Courts of Justice | (H) Incorporated by Courts of Justice (HB987-Loupassi) | 01/30/12 |
| notes: Provides that it is a Class 5 felony to knowingly, by deception, intimidation, undue influence, coercion, harassment, duress, or misrepresentation, use, obtain, convert, or take control of an elderly or vulnerable adult’s property or financial resources with the intent to temporarily or permanently deprive the adult of the use, benefit, or possession of the property or financial resources. If the violation is by a caregiver or person with a fiduciary relationship, it is a Class 3 felony. The bill also prohibits a person convicted of the offense from working at a nursing home, home care organization, hospice, assisted living facility, adult day care center, or state facility of the Department of Behavioral Health and Developmental Services. |
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| HB 971 – Bell, Robert B. – Barrier crimes; adds extortion and felony violations of protective orders to statute. | (H) Committee on Health, Welfare and Institutions | (H) Read first time | 02/03/12 |
| notes: Adds the following crimes to various barrier crimes statutes: abduction, extortion, and felony violations of protective orders. People who have been convicted or are the subject of pending charges of one of those crimes will not be able to work in a licensed nursing home, home care organization, or hospice and cannot work, volunteer, or provide services on a regular basis at a children’s residential facility that is regulated or operated by the Department of Behavioral Health and Developmental Services, certain structured residential programs for juveniles, or children’s residential facilities regulated or operated by the Departments of Social Services, Education, or Military Affairs. Persons convicted of such crimes cannot be approved by a child placing agency as adoptive or foster parents and cannot be an adult foster care home provider or a provider of home-based adult services. In addition, they cannot work at certain schools, assisted living facilities, adult day care centers, child welfare agencies, or family day homes. |
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| HB 972 – Bell, Robert B. – Involuntary commitment; criteria for commitment. | (H) Committee for Courts of Justice | (H) Assigned Courts sub: #5 Mental Health | 01/24/12 |
| notes: Provides that when a court is to make a decision as to whether it should involuntarily commit a person for 30 days when less restrictive alternatives are inappropriate, it shall consider in addition to other relevant evidence, whether the person recently has been found by a court to be unrestorably incompetent to stand trial. |
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| HB 982 – Scott, J.M. – Crimes against incapacitated adults; penalty. | (H) Committee for Courts of Justice | (H) Incorporated by Courts of Justice (HB987-Loupassi) | 02/03/12 |
| notes: Provides that any person who commits an offense set forth in Chapter 4 (crimes against the person), Chapter 5 (crimes against property), or Chapter 6 (crimes involving fraud) of Title 18.2 knowing or having reason to know that the victim of the offense is an incapacitated adult is guilty of a separate and distinct Class 1 misdemeanor. The bill adds that if the offender is a person responsible for the care of the victim, punishment shall include a mandatory minimum term of confinement of 30 days if the underlying offense is a misdemeanor and a mandatory minimum term of confinement of six months if the underlying offense is a felony. |
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| HB 987 – Loupassi – Financial exploitation of elderly or incapacitated adults; penalty. | (H) Committee on Appropriations | (H) Referred to Committee on Appropriations | 02/03/12 |
| notes: Provides that it is a Class 5 felony to knowingly, by deception, intimidation, undue influence, coercion, harassment, duress, or misrepresentation, use, obtain, convert, or take control of an elderly or incapacitated adult’s property or financial resources with the intent to temporarily or permanently deprive the adult of the use, benefit, or possession of the property or financial resources. If the violation is by a caregiver or person with a fiduciary relationship it is a Class 3 felony. The bill allows forfeiture of personal property used in connection with the crime. |
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| HB 1010 – Ramadan – Guardian appointment; concurrent commitment hearing. | (H) Committee for Courts of Justice | (H) Assigned Courts sub: #5 Mental Health | 01/24/12 |
| notes: Provides that, upon the request of a person who petitions for the appointment of a guardian for an incapacitated adult, the court may hold a hearing for the involuntary commitment of such adult at the same time as the hearing on the guardianship petition. The bill also increases from 10 days to 30 days the length of time a guardian can voluntarily admit the incapacitated person to a facility if authorized to do so in the guardianship order. |
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| HB 1211 – O’Bannon – Assisted living facilities; may accept third-party payments. | (H) Committee on Health, Welfare and Institutions | (H) Read first time | 02/03/12 |
| notes: Provides that assisted living facilities may accept payments from third parties for certain goods and services provided to auxiliary grant recipients, and that the Department of Social Services shall not count such payments as income for the purpose of determining eligibility for or calculating the amount of an auxiliary grant. |
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| HB 1221 – Tata – Training center; a consumer shall only be discharged upon consent of consumer or representative. | (H) Committee on Health, Welfare and Institutions | (H) Stricken from docket by Health, Welfare and Institutions | 01/31/12 |
| notes: Provides that a consumer in a training center shall only be discharged upon consent of the consumer or, if the consumer lacks capacity to consent, upon the consent of his legally authorized representative and following disclosure of information regarding the actual availability and accessibility of services sufficient to meet the needs of the consumer in the community. |
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| HB 1240 – Purkey – Certificate of public need; establishing psychiatric service and addition of inpatient beds. | (H) Committee on Health, Welfare and Institutions | (H) Tabled in Health, Welfare and Institutions | 02/02/12 |
| notes: Directs the Commissioner of Health to accept applications and review such applications in any certificate of public need Batch Group C review cycle, and authorizes the Commissioner to issue a certificate of public need for the establishment of a psychiatric service and the addition of up to 30 psychiatric inpatient beds in Planning District 20. |
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| HB 1280 – Stolle – Psychiatric hospital admissions; local inmates. | (H) Committee for Courts of Justice | (H) Assigned Courts sub: #5 Mental Health | 01/24/12 |
| notes: Amends the criteria for psychiatric inpatient admission for inmates at local correctional facilities to add mentally ill inmates for whom there exists a substantial likelihood that they will suffer serious harm due to their lack of capacity to protect themselves from harm or to provide for their basic human needs. Under current law the standard is that the mentally ill inmate will cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting or threatening harm. |
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| HB 1289 – Jones – Impaired health care providers; amends definition of impairment. | (H) Committee on Health, Welfare and Institutions | (H) Subcommittee recommends continuing to 2013 | 01/30/12 |
| notes: Amends definition of “impairment.” |
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| HJ 18 – O’Bannon – Community-based mental health services; individuals transitioning from state hospitals, report. | (H) Committee on Rules | (H) Subcommittee recommends striking from docket | 02/02/12 |
| notes: Directs the Joint Commission on Health Care to study the availability of community-based mental health services for individuals transitioning from state hospitals to community-based care and to identify service gaps and service needs and develop recommendations for addressing any service gaps or service needs in this area. |
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| SB 9 – Lucas – Guardianship; restriction of visitation. | (S) Committee for Courts of Justice | (S) Passed by indefinitely in Courts of Justice (13-Y 1-N) | 01/16/12 |
| notes: Allows a guardian to restrict visitation of an incapacitated person, unless there is a previously executed advance directive or durable power of attorney specifying otherwise. |
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| SB 11 – Stuart – Self-settled spendthrift trusts; created. | (S) Committee for Courts of Justice | (S) Read third time and passed Senate (40-Y 0-N) | 01/24/12 |
| notes: Provides for the creation of self-settled spendthrift trusts, which protect trust assets against the claims of a settlor who is also a trust beneficiary. This bill allows a settlor to transfer assets to an irrevocable trust to be held for the joint benefit of the settlor and at least one other beneficiary. Currently, a spendthrift clause is ineffective to shield the beneficiary from creditors when the beneficiary is also the settlor. Current law allows the creation of trusts that are protected from the claims of creditors against trust beneficiaries, and this bill extends that policy to trusts of which the settlor is also a discretionary beneficiary. |
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| SB 14 – Stuart – Methamphetamine precursors; sale and tracking, penalties. | (S) Committee for Courts of Justice | (S) Incorporated by Courts of Justice (SB294-Lucas) (13-Y 0-N) | 01/18/12 |
| notes: Requires the Department of State Police to enter into a memorandum of understanding to establish the Commonwealth’s participation in a real-time electronic recordkeeping and monitoring system for the nonprescription sale of ephedrine or related compounds. Most pharmacies and retail distributors will be required to enter nonprescription sales of ephedrine or related compounds into the electronic system. The bill retains the existing sales limit of no more than 3.6 grams of ephedrine or related compounds per day per individual retail customer and adds a limitation of no more than 7.5 grams per 30-day period. |
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| SB 24 – Stuart – Welfare and other entitlement fraud; penalties. | (S) Committee on Finance | (S) Rereferred to Finance | 02/01/12 |
| notes: Requires a 180-day mandatory minimum sentence for misdemeanor entitlement fraud, a one year mandatory minimum sentence for felony entitlement fraud, a repayment of three times the benefits received, and a lifetime bar on receipt of entitlement. The entitlements covered by the bill are housing assistance programs, medical assistance, food stamps, energy assistance, and any other program designated under regulations of the State Board of Social Services, State Board of Health, or Board of Medical Assistance Services. |
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| SB 222 – Herring – Financial exploitation of elderly or incapacitated adults; penalty. | (S) Committee for Courts of Justice | (S) Incorporated by Courts of Justice (SB431-Stuart) (14-Y 0-N) | 02/01/12 |
| SB 340 – Newman – Occupational therapy; definition. | (S) Committee on Education and Health | (S) Constitutional reading dispensed (37-Y 0-N) | 02/03/12 |
| notes: Provides that the definition of “practice of occupational therapy” is amended to make clear that it includes the therapeutic use of occupations for habilitation and rehabilitation to enhance physical health, mental health, and cognitive functioning and that it includes the design of adaptive equipment and assistive technologies and consultation concerning the adaptation of sensory and social, as well as physical, environments. The bill requires the Board of Medicine to promulgate regulations to implement the provisions of this act to be effective within 280 days of its enactment. |
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| SB 372 – Barker – Community Colleges, State Board for; development of mental health services. | (S) Committee on Education and Health | (S) Assigned Education sub: Higher Education | 01/17/12 |
| notes: Requires the State Board for Community Colleges to develop standards and policies directing community colleges to adopt, incrementally and as resources become available, a mental health services action plan. |
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| SB 431 – Stuart – Financial exploitation of elderly or incapacitated adults; penalty. | (S) Committee on Finance | (S) Incorporates SB443 | 02/02/12 |
| notes: Provides that it is a Class 5 felony to knowingly, by deception, intimidation, undue influence, coercion, harassment, duress, or misrepresentation, use, obtain, convert, or take control of an elderly or incapacitated adult%92s property or financial resources with the intent to temporarily or permanently deprive the adult of the use, benefit, or possession of the property or financial resources. If the violation is by a caregiver or person with a fiduciary relationship it is a Class 3 felony. The bill allows forfeiture of personal property used in connection with the crime. |
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| SB 443 – Vogel – Financial exploitation of elderly or vulnerable adults; penalty. | (S) Committee for Courts of Justice | (S) Incorporated by Courts of Justice (SB431-Stuart) (14-Y 0-N) | 02/01/12 |
| notes: Provides that it unlawful to knowingly, by deception, intimidation, undue influence, coercion, harassment, duress, or misrepresentation, use, obtain, convert, or take control of an elderly or vulnerable adult%92s property or financial resources with the intent to temporarily or permanently deprive the adult of the use, benefit, or possession of the property or financial resources. A violation is deemed larceny unless the violation is by a caregiver or person with a fiduciary relationship in which case it is a Class 3 felony. The bill also allows forfeiture of personal property used in connection with the crime. |
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| SB 585 – Northam – Psychiatric hospital admissions; local inmates. | (S) Committee on Finance | (S) Rereferred to Finance | 02/01/12 |
| notes: Amends the criteria for psychiatric inpatient admission for inmates at local correctional facilities to add mentally ill inmates for whom there exists a substantial likelihood that they will suffer serious harm due to their lack of capacity to protect themselves from harm or to provide for their basic human needs. Under current law the standard is that the mentally ill inmate will cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting or threatening harm. |
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| SB 596 – Howell – Assisted living facilities and adult foster care homes; may accept third-party payments. | (S) Committee on Rehabilitation and Social Services | (S) Read third time and passed Senate (40-Y 0-N) | 02/02/12 |
| notes: Provides that assisted living facilities may accept payments from third parties for certain goods and services provided to auxiliary grant recipients, and that the Department of Social Services shall not count such payments as income for the purpose of determining eligibility for or calculating the amount of an auxiliary grant. |
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| SB 634 – Vogel – Impaired health care providers; amends definition of impairment. | (S) Committee on Education and Health | (S) Continued to 2013 in Education and Health (15-Y 0-N) | 02/02/12 |
| notes: Provides that the term “impairment” includes psychological and behavioral disabilities, including the mismanagement of countertransference, for the purposes of determining eligibility for the Health Practitioners’ Monitoring Program. |
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| SB 680 – Wagner – Neighborhood Assistance Act tax credits; lowers threshold of percentage of impoverished people. | (S) Committee on Finance | (S) Referred to Committee on Finance | 01/26/12 |
| notes: Amends the definition of “impoverished people” for purposes of the Neighborhood Assistance Act Tax Credit program to include residents of nursing homes and assisted living facilities who are Medicaid recipients. The bill also lowers the threshold of the percentage of impoverished people to whom a neighborhood assistance organization must provide services in order to be eligible to participate in the program from 50 percent to 40 percent. |
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