TITLE 37.1. INSTITUTIONS FOR THE MENTALLY ILL; MENTAL HEALTH GENERALLY.

§§ 37.1-67.01, 37.1-67.1, and 37.1-71 amended.
Emergency custody and temporary detention orders; transportation. Provides parameters for specifying the law-enforcement agency and jurisdiction to execute emergency custody orders or temporary detention orders and provide transportation of the subjects of such orders. In the case of emergency custody orders, the magistrate must specify the primary law-enforcement agency from the jurisdiction served by the community services board that designated the person to perform the evaluation to execute the order and provide transportation; however, if the community services board serves more than one jurisdiction, the primary law-enforcement agency from the particular jurisdiction within the community services board's service area where the person who is the subject of the emergency custody order was taken into custody or, if the person is not yet in custody, the primary law-enforcement agency from the jurisdiction where the person is presently located. In the case of temporary detention orders, the magistrate must specify in the order the law-enforcement agency of the jurisdiction in which the person resides to execute the order and provide transportation; however, if the nearest boundary of the jurisdiction in which the person resides is more than 50 miles from the nearest boundary of the jurisdiction in which the person is located, the law-enforcement agency of the jurisdiction in which the person is located shall execute the order and provide transportation. The bill authorizes law-enforcement agencies to enter into agreements to facilitate the execution of temporary detention orders and provide transportation. For both the emergency custody orders and the temporary detention orders, the evaluation or treatment must be conducted immediately in accordance with state and federal law. HB 589; CH. 737.

§§ 16.1-266, 16.1-343, 32.1-127.1:03, 37.1-67.3, 37.1-134.9, 37.1-134.12, and 37.1-134.21 amended.
Access to health records for guardians ad litem and attorneys representing minors and certain adults in court proceedings. Ensures compliance with federal regulations concerning protected health information promulgated pursuant to the Health Insurance Portability and Accountability Act while providing access to health records and information for guardians ad litem and attorneys representing minors in juvenile and domestic court proceedings, proceedings to authorize treatment for patients incapable of providing consent to treatment, persons who are subject to petitions for involuntary commitment, and respondents who are the subjects of petitions to appoint guardians and/or conservators. HB 878; CH. 66.

§§ 37.1-67.3, 37.1-134.9, 37.1-134.12, 37.1-134.21, 37.1-226, and 37.1-230. See § 32.1-127.1:03; SB 337.

§ 37.1-67.5:01 added.
Interpreters in mental commitment proceedings. Requires a judge or magistrate to appoint an interpreter for a non-English-speaking person who is the subject of or a witness in a mental commitment proceeding. Failure to appoint an interpreter when one is not reasonably available or when the person's level of English fluency cannot be determined is not a basis for dismissing the petition or voiding the order. The interpreter's compensation is paid out of the state treasury. SB 24; CH. 243.

§§ 37.1-70.5 through 37.1-70.9 amended.
Sexually violent predators; civil commitment. The bill requires state and local courts, clerks and agencies to provide the Commitment Review Committee with information that it requests. The prisoner must remain in secure custody pending the circuit court hearing and the date for the circuit court hearing is extended to 60 days after filing the petition from the current 30 days. The bill also provides for a minimum 30-day continuance if less than full commitment is ordered, during which time alternatives to full commitment shall be developed. The bill allows presentence and postsentence reports and victim impact statements to be used in the civil commitment process. HB 1237; CH. 764.

§ 37.1-70.10 amended.
Placement of committed persons and notice to community. Requires the Commissioner of the Department of Mental Health, Mental Retardation and Substance Abuse Services, prior to the siting of a new facility or the designation of an existing facility to be operated for the control, care and treatment of persons convicted of a sexually violent offense who have been referred for civil commitment, to notify the state elected officials for and the local governing body of the jurisdiction of the proposed location, designation or expansion of the facility. Upon receiving the notice, the local governing body of the jurisdiction of the proposed site or where the existing facility is located may publish a descriptive notice concerning the proposed site in a newspaper of general circulation in the jurisdiction. The Commissioner must also establish an advisory committee relating to any such facility that must consist of state and local elected officials and community organizations serving the jurisdiction in which the facility is proposed to be or is located. Upon request, the members of the advisory committee will be notified whenever the Department increases the number of beds in the relevant facility. SB 556; CH. 707.

§ 37.1-134.6 amended.
Conservators and guardians. Modifies definitions of "conservator" and "guardian" to include any local or regional tax-exempt charitable organization that is established to provide conservatorial or guardian services to incapacitated persons. The tax-exempt charitable organization cannot be a provider of direct services to the incapacitated person. Currently, in addition to persons appointed by the court, local or regional programs designated by the Department for the Aging may serve as "public" conservators and guardians. HB 984; CH. 858.

§ 37.1-134.17 amended.
Adult guardianship and conservatorship. Expands the ability to name standby guardians or conservatorships or both from situations in which a parent or legal guardian has made such a request for an incapacitated child to situations in which a child can make such request for an incapacitated parent. Under the current statute, only parents or legal guardians may seek standby guardianship. HB 494; CH. 135.

§ 37.1-134.21 amended.
Temporary detention orders. Corrects an incorrect cross reference to appeals of temporary detention orders. SB 25; CH. 104.

§ 37.1-137.4 amended.
Conservatorship. Eliminates the authority of a conservator for an incapacitated person to seek a divorce without prior court authorization. Guardians of incapacitated persons are prohibited from seeking a change in a person's marital status without prior court approval. HB 1103; CH. 756/SB 19; CH. 652.

§ 37.1-179.2 added.
Licensure conditions for certain methadone clinics; emergency. Prohibits the granting of an initial license to a provider of treatment for persons with opiate addiction through the use of the controlled substance, methadone, or other opioid replacements, if such provider is to be located within a one-half mile of a public or private day care center or public or private K-12 school, except when such service is provided by a hospital licensed by the Board of Health or the Commissioner of the Department of Mental Health, Mental retardation or Substance Abuse Services or owned or operated by an agency of the Commonwealth. Upon receiving a notice of a proposal for or an application to obtain initial licensure from a provider of treatment for persons with opiate addiction through the use of the controlled substance, methadone, or other opioid replacements, the Commissioner must, within 15 days of such receipt, notify the local governing body of and the community services board serving the jurisdiction in which the facility is to be located of such proposal or application and its proposed location. The local governing body and the community services board must submit comments to the Commissioner on the proposal or application within 30 days of the date of the notice. The local governing body must notify the Commissioner of compliance with the location restrictions and any relevant local ordinances. No applicant for a license to provide treatment for persons with opiate addiction through the use of methadone or other opioid replacements that has obtained a certificate of occupancy in accordance with the law and regulations in effect on January 1, 2004, will be required to comply with this law. No existing licensed provider will be required to comply with these provisions in any city or county in which it is currently providing treatment. Further, the location restriction will not apply to the jurisdictions located in Planning District 8, i.e., Northern Virginia. A second enactment clause provides that: the Commissioner must not grant or issue any initial license for a methadone clinic after the date of the enactment of this provision, unless the provider is in compliance with this act. HB 745; CH. 845.

§ 37.1-179.2 added.
Licensure conditions for certain methadone clinics; emergency. Prohibits the granting of an initial license to a provider of treatment for persons with opiate addiction through the use of the controlled substance, methadone, or other opioid replacements, if such provider is to be located within a one-half mile of a public or private day care center or public or private K-12 school, except when such service is provided by a hospital licensed by the Board of Health or the Commissioner of the Department of Mental Health, Mental retardation or Substance Abuse Services or owned or operated by an agency of the Commonwealth. Upon receiving a notice of a proposal for or an application to obtain initial licensure from a provider of treatment for persons with opiate addiction through the use of the controlled substance, methadone, or other opioid replacements, the Commissioner must, within 15 days of such receipt, notify the local governing body of and the community services board serving the jurisdiction in which the facility is to be located of such proposal or application and its proposed location. The local governing body and the community services board must submit comments to the Commissioner on the proposal or application within 30 days of the date of the notice. The local governing body must notify the Commissioner of compliance with the location restrictions and any relevant local ordinances. No applicant for a license to provide treatment for persons with opiate addiction through the use of methadone or other opioid replacements that has obtained a certificate of occupancy in accordance with the law and regulations in effect on January 1, 2004, will be required to comply with this law. No existing licensed provider will be required to comply with these provisions in any city or county in which it is currently providing treatment. Further, the location restriction will not apply to the jurisdictions located in Planning District 8, i.e., Northern Virginia. A second enactment clause provides that: the Commissioner must not grant or issue any initial license for a methadone clinic after the date of the enactment of this provision, unless the provider is in compliance with this act. SB 607; CH. 823.

§ 37.1-207.1. See § 2.2-2670; SB 304.

§§ 37.1-226 through 37.1-230 amended.
Disclosure of mental health information. Adds to the law in Title 37.1 relating to disclosure of mental health information various technical amendments to clarify (i) who may submit a bill to a third party payor; (ii) that the information on the patient must include his address and date of birth; (iii) that patient consent or authorization is required for disclosure of mental health information; and (iv) that patient consent or authorization must be in writing and must be dated and signed and must also comply with the requirements for authorization of disclosure set out in subsection G of § 32.1-127.1:03. Subsection G of § 31.2-127.1:03 requires the name of the patient, the provider and the identity of the person to whom disclosure may be made, and the nature of the information to be disclosed.
This bill also sets out a procedure by which a patient may receive a review by an objective physician or clinical psychologist of whether the patient may receive a copy of a third party payors' information in those instances where the treating physician or clinical psychologist has advised the third party payor that the information would be reasonably likely to endanger the life or physical safety of the patient or another person or contains a reference to another person that would be reasonably likely to cause substantial harm to the referenced person. The standard for limiting disclosure to the patient who is the subject of the record is changed from "might adversely affect the patient's health" to "would be reasonably likely to endanger the life or physical safety of the patient or another person, or that such record makes reference to a person other than a health care provider, and the access requested would be reasonably likely to cause substantial harm to such referenced person." HB 876; CH. 54.

§ 37.1-230. See § 32.1-127.1:03; HB 877.

§§ 37.1-255, 37.1-256, and 37.1-256.1 amended; § 37.1-257 repealed.
Inspector General for Mental Health, Mental Retardation and Substance Abuse Services. Moves the powers and duties that are currently attributed to the Office of Inspector General to the powers and duties of the Inspector General and clarifies that the Inspector General can access information related to the delivery of services to consumers operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services or served by providers outside of the state facility system, including the licensed mental health treatment units in state correctional facilities. However, the Inspector General is not given access to privileged peer review information of the providers, except privileged information relating to consumers from state facilities and the mental health treatment units in state correctional facilities. The Code Commission reviewed the legislation in the course of its revision of Title 37.1. While it recognizes the need for clarifying amendments to be made, the Code Commission takes no position on the substantive changes made. The bill also contains technical amendments. SB 212; CH. 169.