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2022 SESSION

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Senate Committee on Education and Health
Subcommittee Health

Lewis (Chair), Saslaw, Barker, Dunnavant, Suetterlein

Date of Meeting: February 1, 2022
Time and Place: 4 PM / Subcommittee Room 2 / 5th Floor Pocahontas Building
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

S.B. 176

Patron: Peake

Emergency custody and temporary detention; transportation; transfer of custody. Makes clear that, in cases in which transportation of a person subject to an emergency custody order or temporary detention order is ordered to be provided by an alternative transportation provider, the primary law-enforcement agency that executes the order may transfer custody of the person to the alternative transportation provider immediately upon execution of the order, and that the alternative transportation provider shall maintain custody of the person from the time custody is transferred to the alternative transportation provider by the primary law-enforcement agency until such time as custody of the person is transferred to the community services board or its designee that is responsible for conducting the evaluation or the temporary detention facility, as is appropriate. The bill also adds employees of and persons providing services pursuant to a contract with the Department of Behavioral Health and Developmental Services to the list of individuals who may serve as alternative transportation providers.

A BILL to amend and reenact §§ 37.2-808 and 37.2-810 of the Code of Virginia, relating to emergency custody and temporary detention; transportation; transfer of custody.

22102915D

S.B. 202

Patron: Newman

Study; Secretary of Health and Human Resources and Secretary of Public Safety and Homeland Security; increase use of alternative custody arrangements for individuals subject to an emergency custody or temporary detention order; report. Directs the Secretary of Health and Human Resources, together with the Secretary of Public Safety and Homeland Security, to study options to increase the use of alternative custody arrangements for individuals who are subject to an emergency custody or temporary detention order and to report his findings and recommendations to the Governor and the Chairmen of the House Committees on Appropriations and Health, Welfare and Institutions and the Senate Committees on Education and Health and Finance and Appropriations by October 1, 2022.

A BILL to require the Secretary of Health and Human Resources, together with the Secretary of Public Safety and Homeland Security, to study options to increase the use of alternative custody arrangements for individuals who are subject to an emergency custody or temporary detention order; report.

22103680D

S.B. 268

Patron: Favola


Emergency custody and temporary detention; transportation; transfer of custody. Provides that, in cases in which transportation of a person subject to an emergency custody order is ordered to be provided by an alternative transportation provider, the primary law-enforcement agency that executes the order may transfer custody of the person to the alternative transportation provider immediately upon execution of the order, and the alternative transportation provider shall maintain custody of the person from the time custody is transferred to the alternative transportation provider by the primary law-enforcement agency until such time as an evaluation is conducted and custody is transferred pursuant to a temporary detention order or the person is released upon determination the person does not meet the criteria for temporary detention or custody of the person is transferred to the community services board or its designee that is responsible for conducting the evaluation. The bill also provides that in cases in which transportation of a person subject to a temporary detention order is ordered to be provided by an alternative transportation provider, the primary law-enforcement agency that executes the order may transfer custody of the person to the alternative transportation provider immediately upon execution of the order, and that the alternative transportation provider shall maintain custody of the person from the time custody is transferred to the alternative transportation provider by the primary law-enforcement agency until such time as custody of the person is transferred to the temporary detention facility. The bill also adds employees of and persons providing services pursuant to a contract with the Department of Behavioral Health and Developmental Services to the list of individuals who may serve as alternative transportation providers.

A BILL to amend and reenact §§ 37.2-808 and 37.2-810 of the Code of Virginia, relating to emergency custody and temporary detention; transportation; transfer of custody.

22103833D

S.B. 340

Patron: Barker

Freestanding emergency departments. Requires the Board of Health to promulgate regulations related to freestanding emergency departments, defined in the bill as facilities located in the Commonwealth that (i) provide emergency services, (ii) are owned and operated by a licensed hospital and operate under the hospital's license, and (iii) are located on separate premises from the primary campus of the hospital. The bill also requires freestanding emergency departments to make certain disclosures to patients, in advertisements, and on any online platforms associated with such emergency department.

A BILL to amend and reenact §§ 32.1-123, 32.1-125, 32.1-127, 59.1-200, and 59.1-204 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 32.1-125.6, relating to freestanding emergency departments.

22101751D

S.B. 350

Patron: Surovell

Health records; patient's right to disclosure. Requires a health care entity to include in its disclosure of an individual's health records any changes made to the health records and an audit trail for such records if the individual requests that such information be included in the health records disclosure.

A BILL to amend and reenact §§ 8.01-413 and 32.1-127.1:03 of the Code of Virginia, relating to health records; patient's right to disclosure.

22100066D

S.B. 373

Patron: Deeds

Emergency custody; extension; medical testing, observation, or treatment. Provides that a magistrate may, upon the sworn petition of the Commissioner or his designee, issue an order extending an emergency custody order for a period of up to 48 hours upon finding that probable cause exists to believe that the behaviors upon which a finding that the person meets the criteria for emergency custody are the result of a medical or physical condition, including substance intoxication or withdrawal, and that the medical standard of care for such medical or physical condition calls for testing, observation, or treatment to prevent harm to the person resulting from such medical or physical condition. Upon issuance of an order extending the period of emergency custody, the person shall be transported to and detained in an appropriate medical care facility for testing, observation, and treatment.

A BILL to amend and reenact § 37.2-808 of the Code of Virginia, relating to emergency custody; extension; medical testing, observation, or treatment.

22101375D

S.B. 448

Patron: Boysko

Hospital regulations; policies and procedures related to victims of domestic violence and sexual assault. Requires hospitals to develop and implement written policies and procedures related to the screening and treatment of victims of domestic violence and sexual assault.

A BILL to amend and reenact § 32.1-127 of the Code of Virginia, relating to hospital regulations; policies and procedures related to victims of domestic violence and sexual assault.

22103845D

S.B. 593

Patron: Newman


Custody and transportation of persons subject to emergency custody or temporary detention order; alternative custody; auxiliary police officers. Provides that auxiliary police officers may execute emergency custody orders and provide transportation for a person subject to an emergency custody or temporary detention order; adds an employee or designee of the Department of Behavioral Health and Developmental Services to the list of persons who may provide alternative transportation of a person who is subject to an emergency custody or temporary detention order, and provides that, in cases in which transportation of a person subject to an emergency custody order or temporary detention order is ordered to be provided by an alternative transportation provider, the primary law-enforcement agency that executes the order may transfer custody of the person to the alternative transportation provider immediately upon execution of the order, and that the alternative transportation provider shall maintain custody of the person from the time custody is transferred to the alternative transportation provider by the primary law-enforcement agency until such time as custody of the person is transferred to the community services board or its designee that is responsible for conducting the evaluation or the temporary detention facility, as is appropriate. The bill also directs the Department of Criminal Justice Services to establish compulsory minimum training standards for auxiliary police officers who are called into service solely for the purpose of executing emergency custody orders and providing transportation for such person subject to an emergency custody order or to provide transportation for a person in the temporary detention process.

A BILL to amend and reenact §§ 15.2-1731, 15.2-1734, 15.2-1735, 15.2-1736, 37.2-808, and 37.2-810 of the Code of Virginia, relating to custody and transportation of persons subject to emergency custody orders or temporary detention process; alternative custody; auxiliary police officers.

22104326D

S.B. 641

Patron: Morrissey

Department of Behavioral Health and Developmental Services; Early Psychosis Intervention and Coordinated Specialty Care Program Advisory Board established. Establishes the Early Psychosis Intervention and Coordinated Specialty Care Program Advisory Board for the purpose of assisting the Department of Behavioral Health and Developmental Services in expanding the provision of high-quality, evidence-based early psychosis and mood disorder detection and intervention services.

A BILL to amend the Code of Virginia by adding a section numbered 37.2-313.2, relating to Department of Behavioral Health and Developmental Services; Early Psychosis Intervention and Coordinated Specialty Care Advisory Board established.

22104318D

S.B. 650

Patron: Hanger

Emergency custody and temporary detention; hospitals and providers of behavioral health services; acceptance of custody. Requires every hospital with an emergency department to employ sufficient security staff to be able to accept custody of a person who is subject to emergency custody or temporary detention and who is transported to such hospital by a law-enforcement officer or receiving services at such hospital and requires every provider of behavioral health services licensed by the Department of Behavioral Health and Developmental Services to a person who is subject to emergency custody and may be transported for the required evaluation to (i) be licensed to provide the level of security necessary to protect both the person and others from harm, and actually capable of providing the level of security necessary to protect the person and others from harm, and (ii) accept custody of every person transported to such provider for evaluation by law enforcement.

A BILL to amend and reenact §§ 32.1-127 and 37.2-808 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 37.2-421.2, relating to emergency custody and temporary detention; hospitals and providers of behavioral health services; acceptance of custody.

22103826D

S.B. 682

Patron: Deeds

Temporary detention; alternative custody. Provides that if the facility indicated on a temporary detention order is a state facility, no bed for the person detained or in custody pursuant to the temporary detention order is immediately available at such state facility, and an employee or designee of such state facility is available to take custody of such person, such employee or designee of the state facility may assume custody of such person wherever such person is located and maintain custody of such person and transport such person to such state facility or to an alternative facility of temporary detention. The bill also provides that a person who is an inmate who is subject to an order authorizing treatment shall remain in law-enforcement custody at all times prior to admission to the facility designated for treatment of the person pursuant to such order.

A BILL to amend and reenact §§ 37.2-809 and 37.2-809.1 of the Code of Virginia, relating to temporary detention; alternative custody.

22103613D

S.B. 714

Patron: Deeds

Department of Behavioral Health and Developmental Services; voluntary mental health check-in option as part of the comprehensive crisis system; report. Directs the Department of Behavioral Health and Developmental Services to implement a voluntary mental health check-in option as part of the comprehensive crisis system and to report by November 1, 2022, to the Governor and the Chairmen of the House Committees on Appropriations and Health, Welfare and Institutions and the Senate Committees on Education and Health and Finance and Appropriations regarding its progress in implementing such program.

A BILL to require the Department of Behavioral Health and Developmental Services to implement a voluntary mental health check-in option as part of the comprehensive crisis system; report.

22104523D

S.B. 750

Patron: Dunnavant

Behavioral Health Hospital Authority; established. Creates the Behavioral Health Hospital Authority (the Authority) as an independent political subdivision of the Commonwealth, to control the delivery, financing, utilization, and health outcomes of public acute inpatient psychiatric services in the Commonwealth, and transfers responsibility for the Commonwealth's state hospitals for individuals with mental illness from the Department of Behavioral Health and Developmental Services to the Authority.

A BILL to amend and reenact §§ 2.2-212, 2.2-309.1, 2.2-507, 2.2-1124, 2.2-1839, 2.2-2818, 2.2-2905, 2.2-3114, 16.1-346.1, 19.2-316, 19.2-389 , 22.1-7, 22.1-215, 25.1-100, 29.1-313, 32.1-59, 32.1-283, 37.2-100, 37.2-201, 37.2-203, 37.2-304, 37.2-306, 37.2-308.1, 37.2-312, 37.2-314, 37.2-314.1, 37.2-317, 37.2-511, 37.2-700 through 37.2-721, 37.2-805, 37.2-805.1, 37.2-809, 37.2-809.1, 37.2-824, 37.2-826, 37.2-828, 37.2-834, 37.2-837, 37.2-840, 37.2-841, 40.1-28.9, 46.2-1229, 64.2-2000, and 64.2-2028 of the Code of Virginia; to amend the Code of Virginia by adding in Title 37.2 a chapter numbered 12, consisting of sections numbered 37.2-1200 through 37.2-1209; and to repeal § 37.2-316 of the Code of Virginia, relating to the Behavioral Health Hospital Authority; established.

22104520D