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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1994 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 37.1-1, as it is currently effective and as it may become effective, and § 37.1-195 of the Code of Virginia are amended and reenacted as follows:
§ 37.1-1. Definitions.
As used in this title except where the context requires a different meaning or where it is otherwise provided, the following words shall have the meaning ascribed to them:
"Alcoholic" means a person who: (i) through use of alcohol has become dangerous to the public or himself; or (ii) because of such alcohol use is medically determined to be in need of medical or psychiatric care, treatment, rehabilitation or counseling;
"Board" means the State Mental Health, Mental Retardation and Substance Abuse Services Board;
"Client," as used in Chapter 10 (§ 37.1-194 et seq.) of this title, means any person receiving a service provided by personnel or facilities under the jurisdiction or supervision of a community services board;
"Commissioner" means the Commissioner of Mental Health, Mental Retardation and Substance Abuse Services;
"Community services board" means a citizens' board established pursuant to § 37.1-195 which provides mental health, mental retardation and substance abuse programs and services within the political subdivision or political subdivisions participating on the board;
"Consumer" means a current or former direct recipient of public or private mental health, mental retardation, or substance abuse treatment or habilitation services;
"Department" means the Department of Mental Health, Mental Retardation and Substance Abuse Services;
"Director" means the chief executive officer of a hospital or of a training center for the mentally retarded;
"Drug addict" means a person who: (i) through use of habit-forming drugs or other drugs enumerated in the Virginia Drug Control Act (§ 54.1-3400 et seq.) as controlled drugs, has become dangerous to the public or himself; or (ii) because of such drug use, is medically determined to be in need of medical or psychiatric care, treatment, rehabilitation or counseling;
"Facility" means a state or private hospital, training center for the mentally retarded, psychiatric hospital, or other type of residential and ambulatory mental health or mental retardation facility and when modified by the word "state" it means a facility under the supervision and management of the Commissioner;
"Family member" means an immediate family member of a consumer or the principal caregiver of a consumer. A principal caregiver is a person who acts in the place of an immediate family member, including other relatives and foster care providers, but does not have a proprietary interest in the care of the consumer;
"Hospital" or "hospitals" when not modified by the words "state" or "private" shall be deemed to include both state hospitals and private hospitals devoted to or with facilities for the care and treatment of the mentally ill or mentally retarded;
"Alcoholic" means a person who: (1) through use of alcohol has become
dangerous to the public or himself; or (ii) because of such alcohol use is
medically determined to be in need of medical or psychiatric care, treatment,
rehabilitation or counseling;
"Judge" includes only the judges, associate judges and substitute judges of general district courts within the meaning of Chapter 4.1 (§ 16.1-69.1 et seq.) of Title 16.1 and of juvenile and domestic relations district courts within the meaning of Chapter 11 (§ 16.1-226 et seq.) of Title 16.1, as well as the special justices authorized by § 37.1-88;
"Legal resident" means any person who is a bona fide resident of the Commonwealth of Virginia;
"Mental retardation" means substantial subaverage general intellectual functioning which originates during the development period and is associated with impairment in adaptive behavior;
"Mentally ill" means any person afflicted with mental disease to such an extent that for his own welfare or the welfare of others, he requires care and treatment; provided, that for the purposes of Chapter 2 (§ 37.1-63 et seq.) of this title, the term "mentally ill" shall be deemed to include any person who is a drug addict or alcoholic;
"Patient" or "resident" means a person voluntarily or involuntarily admitted to or residing in a facility according to the provisions of this title;
"Private hospital" means a hospital or institution which is duly licensed pursuant to the provisions of this title;
"Private institution" means an establishment which is not operated by the Department and which is licensed under Chapter 8 (§ 37.1-179 et seq.) of this title for the care or treatment of mentally ill or mentally retarded persons, including psychiatric wards of general hospitals;
"Property" as used in §§ 37.1-12 and 37.1-13 includes land and structures thereon;
"State hospital" means a hospital, training school or other such institution operated by the Department for the care and treatment of the mentally ill or mentally retarded;
"System of facilities" or "facility system" means the entire system of hospitals and training centers for the mentally retarded and other types of facilities for the residential and ambulatory treatment, training and rehabilitation of the mentally ill and mentally retarded as defined in this section under the general supervision and management of the Commissioner;
"Training center for the mentally retarded" means a regional facility for the treatment, training and habilitation of the mentally retarded in a specific geographical area.
§ 37.1-1. (Delayed effective date) Definitions.
As used in this title except where the context requires a different meaning or where it is otherwise provided, the following words shall have the meaning ascribed to them:
"Alcoholic" means a person who: (i) through use of alcohol has become dangerous to the public or himself; or (ii) because of such alcohol use is medically determined to be in need of medical or psychiatric care, treatment, rehabilitation or counseling;
"Board" means the State Mental Health, Mental Retardation and Substance Abuse Services Board;
"Client," as used in Chapter 10 (§ 37.1-194 et seq.) of this title, means any person receiving a service provided by personnel or facilities under the jurisdiction or supervision of a community services board;
"Commissioner" means the Commissioner of Mental Health, Mental Retardation and Substance Abuse Services;
"Community services board" means a citizens' board established pursuant to § 37.1-195 which provides mental health, mental retardation and substance abuse programs and services within the political subdivision or political subdivisions participating on the board;
"Consumer" means a current or former direct recipient of public or private mental health, mental retardation, or substance abuse treatment or habilitation services;
"Department" means the Department of Mental Health, Mental Retardation and Substance Abuse Services;
"Director" means the chief executive officer of a hospital or of a training center for the mentally retarded;
"Drug addict" means a person who: (i) through use of habit-forming drugs or other drugs enumerated in the Virginia Drug Control Act (§ 54.1-3400 et seq.) as controlled drugs, has become dangerous to the public or himself; or (ii) because of such drug use, is medically determined to be in need of medical or psychiatric care, treatment, rehabilitation or counseling;
"Facility" means a state or private hospital, training center for the mentally retarded, psychiatric hospital, or other type of residential and ambulatory mental health or mental retardation facility and when modified by the word "state" it means a facility under the supervision and management of the Commissioner;
"Family member" means an immediate family member of a consumer or the principal caregiver of a consumer. A principal caregiver is a person who acts in the place of an immediate family member, including other relatives and foster care providers, but does not have a proprietary interest in the care of the consumer;
"Hospital" or "hospitals" when not modified by the words "state" or "private" shall be deemed to include both state hospitals and private hospitals devoted to or with facilities for the care and treatment of the mentally ill or mentally retarded;
"Alcoholic" means a person who: (i) through use of alcohol has become
dangerous to the public or himself; or (ii) because of such alcohol use is
medically determined to be in need of medical or psychiatric care, treatment,
rehabilitation or counseling;
"Judge" includes only the judges and substitute judges of general district courts within the meaning of Chapter 4.1 (§ 16.1-69.1 et seq.) of Title 16.1 and of family courts within the meaning of Chapter 11 (§ 16.1-226 et seq.) of Title 16.1, as well as the special justices authorized by § 37.1-88;
"Legal resident" means any person who is a bona fide resident of the Commonwealth of Virginia;
"Mental retardation" means substantial subaverage general intellectual functioning which originates during the development period and is associated with impairment in adaptive behavior;
"Mentally ill" means any person afflicted with mental disease to such an extent that for his own welfare or the welfare of others, he requires care and treatment; provided, that for the purposes of Chapter 2 (§ 37.1-63 et seq.) of this title, the term "mentally ill" shall be deemed to include any person who is a drug addict or alcoholic;
"Patient" or "resident" means a person voluntarily or involuntarily admitted to or residing in a facility according to the provisions of this title;
"Private hospital" means a hospital or institution which is duly licensed pursuant to the provisions of this title;
"Private institution" means an establishment which is not operated by the Department and which is licensed under Chapter 8 (§ 37.1-179 et seq.) of this title for the care or treatment of mentally ill or mentally retarded persons, including psychiatric wards of general hospitals;
"Property" as used in §§ 37.1-12 and 37.1-13 includes land and structures thereon;
"State hospital" means a hospital, training school or other such institution operated by the Department for the care and treatment of the mentally ill or mentally retarded;
"System of facilities" or "facility system" means the entire system of hospitals and training centers for the mentally retarded and other types of facilities for the residential and ambulatory treatment, training and rehabilitation of the mentally ill and mentally retarded as defined in this section under the general supervision and management of the Commissioner;
"Training center for the mentally retarded" means a regional facility for the treatment, training and habilitation of the mentally retarded in a specific geographical area.
§ 37.1-195. Community services board; appointment; membership; duties of fiscal agent.
Every city, county or combination of counties or cities or counties and
cities establishing a community mental health, mental retardation and
substance abuse services program, before it shall come within the provisions
of this act, shall establish a single community services board, with neither
less than five nor more than fifteen eighteen members,
except that any board established by four or more cities, counties or
combination thereof may consist of as many as sixteen members. When any
city or county singly establishes a program, the board shall be appointed by
the governing body of the local political subdivision establishing such a
program. When any combination of counties or cities or counties and cities
establishes a community services program, the board of supervisors of each
county in the case of counties or the council in the case of cities shall
establish the size of the board, shall elect and appoint the members of the
board and shall designate an official of one member city or county to act as
fiscal agent for the board. Appointments to the community services board
shall be broadly representative of the community, to include consumers and
family members of consumers when practical.
The county or city which comprises a single board and the county or city whose designated official serves as fiscal agent for the board in the case of joint boards shall annually audit the total revenues of the board and its programs and shall, in conjunction with the other participating political subdivisions in the case of joint boards, arrange for the provision of legal services to the board.
No such board shall be composed of a majority of elected officials as members, nor shall any county or city be represented on such board by more than one elected official.
The board appointed pursuant to this section shall be responsible to the governing body or bodies of the county or city or combination thereof which established such board.