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2008 SESSION
086300216Be it enacted by the General Assembly of Virginia:
1. That § 37.2-815 of the Code of Virginia is amended and reenacted as follows:
§ 37.2-815. Commitment hearing for involuntary admission; examination required.
Notwithstanding § 37.2-814, the district court judge or special justice shall require an examination of the person who is the subject of the hearing by a psychiatrist or a psychologist who is licensed in Virginia by the Board of Medicine or the Board of Psychology and is qualified in the diagnosis of mental illness or, if such a psychiatrist or psychologist is not available, any mental health professional who is (i) licensed in Virginia through the Department of Health Professions and (ii) qualified in the diagnosis of mental illness. The examiner chosen shall be able to provide an independent examination of the person. The examiner shall (a) not be related by blood or marriage to the person, (b) not be responsible for treating the person, (c) have no financial interest in the admission or treatment of the person, (d) have no investment interest in the facility detaining or admitting the person under this chapter, and (e) except for employees of state hospitals, the U.S. Department of Veterans Affairs, community service boards, and behavioral health authorities, not be employed by the facility. For purposes of this section, the term "investment interest" shall be as defined in § 37.2-809.
All such examinations shall be conducted in private,
and shall be conducted in person.
However, where an in-person examination cannot be completed
within 48 hours of issuance of the temporary
detention order, the examination may be conducted via two-way
electronic video and audio
communication means as authorized in §
37.2-804.1. The At
the hearing, the judge or special justice shall summons the
examiner who shall certify that he has personally examined the person,
either in person or via electronic means, and has probable cause
to believe that the person (i) does or does not present an imminent danger to
himself or others as a result of mental illness or is or is not so seriously
mentally ill as to be substantially unable to care for himself and (ii)
requires or does not require involuntary inpatient treatment. Alternatively,
the judge or special justice may accept written certification of the examiner's
findings if the examination has been personally made within the preceding five
days and if there is no objection sustained to the acceptance of the written
certification by the person or his attorney. The judge or special justice shall
not render any decision on the petition until the examiner has presented his
report orally or in writing.