Our View of the Legislature – Mental Health

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As always, the Virginia legislature will be considering many bills that could have an impact on the rights of people with mental health challenges. Here are some of the ones we are watching:

  • HB 1713 (Watts) allows a behavioral health court or other specialty court jurisdiction over a felony offense. House Courts of Justice will hear the bill.
  • HB 2230 (Cherry) amends the conditions under which law enforcement can transfer custody of someone under a temporary detention order to a qualified facility.
  • HB 2535 (Hope) repeals Virginia’s Health Care Decisions Act, which contains protections for mental health advanced directives, and replaces it with the Uniform Health Care Decisions Act.
  • SB 1094 (Jordan) amends the definition of “psychiatric emergency department” as it relates to involuntary temporary detention orders so that a psychiatric emergency department does not have to be connected to a facility licensed by the Department of Behavioral Health and Developmental Services but can be separately licensed. This will expand the kinds of entities that can be part of the TDO process. The Senate Committee on Education and Health will hear this.
  • SB 1304 (McPike) Directs the Department of Medical Assistance Services to allow crisis stabilization services for non-hospitalized individuals outside of “institutions for mental disease.” The bill will be in the Senate Committee on Education and Health.

At the disAbility Law Center of Virginia, we work to advance independence, choice, and self-determination; protect legal, human, and civil rights; and eliminate abuse, neglect, and discrimination of people with disabilities through zealous and uncompromising legal advocacy and representation. We are available to educate policymakers about the potential impact of legislative proposals. Please let us know of any legislation that you think we should be following, by emailing ga@dlcv.org.