SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2005 SESSION
058980316Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Chapter 26 of Title 2.2 an article numbered 30, consisting of sections numbered 2.2-2690 through 2.2-2695, as follows:
§ 2.2-2690. The Interagency Civil Admissions Advisory Council; purpose.
The Interagency Civil Admissions Advisory Council (the Council) is established as an
advisory council, within the meaning of § 2.2-2100, in the executive branch of state government. The purpose of the Council is to study issues related to the provisions of Virginia law regarding the emergency custody, temporary detention, admission, and involuntary inpatient and outpatient treatment of persons with mental illness, to propose recommendations and provide advice addressing those issues, and to improve the coordination and effectiveness of the implementation of those recommendations.
§ 2.2-2691. Membership; terms; quorum; meetings.
The Council shall be composed of 16 members and two ex officio members as follows: one appointee of the Commissioner of the Department of Mental Health, Mental Retardation and Substance Abuse Services; one appointee of the Director of the Department of Medical Assistance Services; one appointee of the Director of the Department of Criminal Justice Services; one appointee of the Executive Secretary of the Supreme Court of Virginia; and 12 nonlegislative citizen members to be appointed by the Governor.
The 12 nonlegislative citizen members shall be citizens of the Commonwealth with appropriate and relevant knowledge and experience, representative of the various geographic regions of the Commonwealth, and comprised of: (i) two representatives of community services boards, one of whom shall be an emergency services director of a community services board and one of whom shall represent the Virginia Association of Community Services Boards; (ii) one representative each from the Virginia Hospital and Healthcare Association, the Virginia College of Emergency Physicians, the Virginia Sheriff's Association, the Virginia Association of Chiefs of Police, the Virginia Municipal League, and the Virginia Association of Counties, upon consideration by the Governor of the nominations, if any, submitted by each organization; (iii) one consumer of mental health services and one family member of a consumer of mental health services; (iv) one attorney licensed to practice law in Virginia; and (v) one individual licensed by a board within the purview of the Department of Health Professions to provide mental health or substance abuse services.
The Secretary of Health and Human Resources and the Secretary of Public Safety shall serve ex officio on the Council with voting privileges. Ex officio members of the Council shall serve terms coincident with their terms of office. The Office of the Attorney General shall receive notice of each Council meeting.
After the initial staggering of terms, each non ex officio member shall be appointed for a term of three years. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. Vacancies shall be filled in the same manner as the original appointments. All members may be reappointed.
The Secretary of Health and Human Resources shall chair the Council and the Council shall elect a vice chairman from among its membership. A majority of the members shall constitute a quorum. The meetings of the Council shall be held regularly at the call of the chairman or his designee.
§ 2.2-2692. Compensation; expenses.
Members shall receive no compensation for the performance of their duties, however, members shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825. Funding for the costs of expenses of the members shall be provided by the Department of Mental Health, Mental Retardation and Substance Abuse Services.
§2.2-2693. Powers and duties of the Council.
The Council shall have the following powers and duties:
1. Identify and discuss issues related to emergency custody, temporary detention, admission, and involuntary inpatient and outpatient treatment in order to improve services, foster increased coordination among all involved state and local public and private agencies and organizations in the implementation of relevant Virginia laws, and promote a more effective and cost-efficient approach to meeting the needs of individuals requiring these mental health services.
2. Address issues, including transportation; medical screening, evaluation, and treatment; and detention in ways that (i) recognize the varying conditions and needs of individuals who are subject to emergency and temporary detention orders and involuntary inpatient and outpatient treatment; (ii) protect the safety of patients in and staff and employees of facilities providing emergency medical evaluation or treatment, detention, or involuntary inpatient and outpatient treatment services; and (iii) are consistent with the requirements of the Emergency Medical Treatment and Active Labor Act, 42 USC 1395dd and implementing regulations.
3. Develop and revise recommendations, including statutory, regulatory, and policy changes and administrative actions, to address and resolve those issues and communicate those recommendations to and advise all state and local public and private agencies and organizations that are involved in the emergency custody, temporary detention, admission, and involuntary inpatient and outpatient treatment of persons with mental illness on their implementation when uniform procedures or actions are feasible and desirable.
4. Describe a process through which community services boards may convene all public and private agencies and organizations involved in these mental health services at local or regional levels, to (i) review recommendations issued by the Council, (ii) meet regularly as appropriate to discuss issues and the implementation of Council recommendations, and (iii) develop and implement additional state, local, or regional policies and procedures, as needed, including a process for resolving problems that arise in implementation of this article.
5. Consult as needed with individuals, agencies, and organizations other than those serving on the Council in order to access relevant expertise.
6. Report whenever appropriate, as determined by the Council, any recommendations or guidance to the Governor and the General Assembly committees with jurisdiction over mental health issues.
§ 2.2-2694. Staffing.
Staff support shall be provided to the Council by the Department of Mental Health, Mental Retardation and Substance Abuse Services, and the Office of the Secretary of Public Safety. All agencies of the Commonwealth shall provide assistance to the Council, upon request.
§ 2.2-2695. Sunset.
This article shall expire on July 1, 2008.
2. That the initial appointments of nonlegislative citizen members appointed by the Governor shall be staggered as follows: six of the members for three-year terms and six of the members for two-year terms. The initial appointments by the Commissioner of the Department of Mental Health, Mental Retardation and Substance Abuse Services and the Director of the Department of Medical Assistance Services shall be for three years, and the initial appointments by the Director of the Department of Criminal Justice Services and the Executive Secretary of the Supreme Court of Virginia shall be for two years.