2001 General Assembly

Major Legislation Tracked by DMHMRSAS

The bill links below will take you to full bill summary and status pages in the Legislative Information System

Document Number

Document Name

Lead List

HB 1898

Patron - Joseph P. Johnson, Jr.

Persons with mental illness, mental retardation or substanc

HB 1898

e abuse problems; state and local human rights committees.

Clarifies that the two consumers that must serve on state or local human rights committees may be individuals who are receiving (as in current law) or individuals who have received, within five years of their initial appointment, public or private mental health, mental retardation, or substance abuse treatment or habilitation services.

HB 2491

Patron - Robert H. Brink

Involuntary commitment hearing.

Eliminates the 72- or 96-hour maximum extension periods for a commitment hearing to conform to the duration of a temporary detention order, which was changed in 1998. The bill provides that when the maximum 48-hour period of temporary detention would expire on a Saturday, Sunday or legal holiday, the person may be detained until the next day that is not a Saturday, Sunday or legal holiday.

HB 2595

Patron - Robert F. McDonnell

Department of Mental Health, Mental Retardation and Substance Abuse Services; licensing.

Clarifies and updates the statutory provisions for licensing operations of the Department of Mental Health, Mental Retardation and Substance Abuse Services (DMHMRSAS). The bill defines providers that are licensed and the services that they provide. The Commissioner of DMHMRSAS is granted access at all reasonable times to all services and records, including medical records. Records that are confidential under federal or state law shall be maintained as confidential by the Department; however, there shall be no right of access to peer review communications that are privileged. The bill clarifies inspections shall be focused on preventing specific risks to consumers, including an evaluation of the physical facilities in which the services are provided. Further, the bill states the Commissioner shall promptly investigate all complaints. The bill clarifies the maximum term of provisional and conditional licenses shall be six months. Such licenses may be renewed for a total period of provisional or conditional licensing of 12 successive months. Finally, the bill provides that the State Mental Health, Mental Retardation and Substance Abuse Services Board may promulgate regulations specifying the maximum number of residents to be served by any intermediate care facility for the mentally retarded. This bill is identical to SB 1159.

HB 2596

Patron - Robert F. McDonnell

Restructuring of mental health care system

Provides for targeted facility restructuring of the mental health care system.  FAILED TO PASS.

HB 2738

Patron - Kenneth R. Plum

Early intervention services system.

Requires the Department of Mental Health, Mental Retardation and Substance Abuse Services, in consultation with the agencies that participate in the early intervention system, to promulgate regulations and adopt policies and procedures as necessary to assure consistent and equitable access to early intervention services, including, but not limited to, uniform statewide procedures on or before January 1, 2002, for public and private providers to determine parental liability and to charge fees for early intervention services in accordance with federal law and regulations. The bill requires the local interagency coordinating councils to implement such consistent and uniform statewide procedures on or before January 1, 2002, for the charging of fees.

HB 2836

Patron - Mary T. Christian

Criminal background checks; adult substance abuse treatment programs.

Permits community services boards, behavioral health authorities, and agencies licensed by the Department of Mental Health, Mental Retardation and Substance Abuse Services to hire for adult substance abuse treatment programs persons who were convicted of a felony for distribution of drugs or burglary where the building was not occupied at the time of the incident convicted upon a determination, by the hiring agency, based upon a screening assessment, that such criminal behavior was substantially related to the applicant's use of substances, and that the person has been successfully rehabilitated and is not a risk to consumers based on his criminal history background and substance use, abuse of addiction histories.

HJ 607

Patron - Mitchell Van Yahres

Eugenics.

Expresses the General Assembly's profound regret over the Commonwealth's involvement in the discredited eugenics movement from 1924 until 1979.

SB 906

Patron - William C. Mims

Civil procedure; maximum extension periods.

Eliminates the 72- or 96-hour maximum extension periods in civil procedure relating to such things as involuntary detention and commitment to account for holiday weekend periods greater than 96 hours. The bill provides that when the maximum period in the civil procedure would expire on a Saturday, Sunday or legal holiday, the process continues until the next day that is not a Saturday, Sunday, legal holiday or day on which the court is lawfully closed.

SB 1158

Patron - Emmett W. Hanger, Jr.      

Restructuring of mental health care system.

Same as HB 2596.  FAILED TO PASS.

SB 1159

Patron - Emmett W. Hanger, Jr.

Department of Mental Health, Mental Retardation and Substance Abuse Services; licensing.

This bill is identical to HB 2595.

SB 1259

Patron - Thomas K. Norment, Jr.

Sex crimes.

Increases penalties for certain sex crimes. The bill also delays the effective date of the provisions regarding civil commitment of sexually violent predators from July 1, 2001 to January 1, 2003.

Secondary List

HB 1588

Patron - Mitchell Van Yahres

Medicine and healing arts; auricular acupuncture.

Clarifies that acupuncture detoxification specialists who are certified by the National Acupuncture Detoxification Association or an equivalent certifying body, and who are currently exempt from licensure when they are supervised by a National Acupuncture Detoxification Association certified licensed physician acupuncturist or licensed acupuncturist, may perform auricular acupuncture in the context of a chemical dependency treatment program for patients eligible for federal, state or local public funds.

HB 1653

Patron - Phillip A. Hamilton

Inspector General for Mental Health, Mental Retardation and Substance Abuse Services.

Clarifies the role and responsibilities of the Inspector General for Mental Health, Mental Retardation and Substance Abuse Services. This bill notes that the Inspector General is to provide oversight of and to make policy and operational recommendations for facilities operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services in order to prevent problems, abuses and deficiencies in and improve the effectiveness of their programs and services. The Inspector General must report semiannually to the Governor and General Assembly concerning significant problems, abuses and deficiencies, recommend corrective actions and provide progress thereon. Such semiannual reports must be made public within 30 days of their transmission at a reasonable cost. The Inspector General must also report serious problems, abuses and deficiencies immediately to the Governor and the Commissioner of the Department of Mental Health, Mental Retardation and Substance Abuse Services, and within seven calendar days thereafter to the chairs of the House Committee on Health, Welfare and Institutions and the Senate Committee on Education and Health. Additionally, the Inspector General must notify in a timely manner the attorney for the Commonwealth for the jurisdiction in which a state facility is located and law enforcement, as appropriate, whenever the Inspector General has reasonable grounds to believe there has been a violation of state criminal law. All reports must be transmitted directly to the Governor and the General Assembly by the Inspector General without any preliminary clearances or approvals. Finally, the bill clarifies that the Office of the Inspector General must conduct unannounced inspections of each facility operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services at least once annually.

HB 1904

Patron - Kenneth R. Plum

Mental health; Alzheimer's Commission.

Changes the duties of the Alzheimer's Disease and Related Disorders Commission to better reflect its advisory capacity to the Secretary of Health and Human Resources. This bill authorizes the Commission to recommend funding initiatives, statutory and regulatory changes, and such other issues that the Commission feels would assist people with Alzheimer's disease and related disorders and their caregivers. Currently, the Commission is charged with developing a plan for funding local initiatives. An annual report is still required by September 1 of each year. This bill is identical to SB 1332.

HB 2015

Patron - Phillip A. Hamilton

Youth suicide prevention.

Requires, with such funds as may be appropriated for this purpose, the Department of Health to assume lead responsibility in the Commonwealth for coordinating activities concerning youth suicide prevention. This responsibility includes coordination of the activities of the agencies of the Commonwealth pertaining to youth suicide prevention in order to develop a comprehensive youth suicide prevention plan addressing the promotion of health development, early identification, crisis intervention, and support to survivors. The bill requires the Department of Health to report annually to the Governor and General Assembly on the status of youth suicide prevention. The powers and duties of other state agencies vis-à-vis prevention of youth suicide are specifically noted not to be limited. This bill is a recommendation of the Commission on Youth.

HB 2610

Patron - Watkins M. Abbitt, Jr.

Authority for release of mental health information for concealed handgun permit.

Assures that the State Police and issuing localities have access to mental health information on those seeking a concealed handgun permit.  This bill is identical to SB 1337.

HB 2701

Patron - Ward L. Armstrong

Authority for release of mental health information for concealed handgun permit.

This bill is identical to HB 2610 (Abbitt) and SB 1337 (Stolle).

Patron - Emily Couric

Criminal procedure; compensation of forensic experts.

Increases from $400 to $800 the maximum basic fee allowed for experts who perform forensic psychological services to courts. A second enacting clause provides that the increase is not effective unless the money is appropriated.

SB 962

Patron - Malfourd W. Trumbo

Department of Employment Dispute Resolution; review of grievance hearing decisions.

Removes the authority of the Department of Employment Dispute Resolution to hear appeals of grievances involving patient abuse cases arising at the Department of Mental Health, Mental Retardation and Substance Abuse Services. The bill also provides for the appeal of circuit court decisions in special grievances from the Department of Corrections and the Department of Juvenile Justice.

Patron - R. Edward Houck

Youth suicide prevention.

Same as HB 2015.

SB 1296

Patron - William C. Mims

Duties of court services units and local departments of social services; parole supervision of juveniles; secure residential facilities; authority of the juvenile court over adults.

Separates the responsibilities of the Department of Juvenile Justice (DJJ) and the Department of Social Services over parole (post-release) supervision of juveniles. The Department of Juvenile Justice, through court services units, will be responsible for juveniles committed to it. The bill also gives the court the authority to place a child, fourteen or older, into a secure residential facility (detention) for up to 10 days for violation of probation. The bill clarifies that the juvenile court retains authority over an adult on probation or parole for violations committed as a juvenile.

SB 1332

Patron - Warren E. Barry

Mental health; Alzheimer's Commission.

This bill is identical to HB 1904.

SB 1337

Patron - Kenneth W. Stolle

Mental health; possession of firearms.

This bill is identical to HB 2610 and HB 2701.

SB 1365

Patron - Malfourd W. Trumbo

Commissions; repeal of inactive groups.

Abolishes the Virginia Military Advisory Council, the Virginia Council on Coordinating Prevention, the Commission on Early Childhood and Child Day Care Programs, the Virginia Chesapeake Bay Partnership Council, the Joint Commission on Workforce Development, and the Indoor Air Quality Task Force. These groups have been relatively inactive during recent years.

Studies

HJ 523

Patron - A. Victor Thomas

Study; Autism.

Continues the study by the Departments of Education, Health, and Mental Health, Mental Retardation and Substance Abuse Services concerning autism and pervasive developmental disorders, and incorporates HJR 795 (Katzen) which broadens the study to address these problems as they pertain to children and adults.

HJ 614

Patron - Jay W. DeBoer

Substitute consent for people with mental disabilities.

Establishes a select committee to study the statewide system of providing substitute consent for people with mental disabilities. In conducting the study, the select committee shall examine guardianship and identify solutions regarding the best means for providing substitute consent that will allow people with mental disabilities the most access to care, services, and personal autonomy.

HJ 660

Patron - Robert Tata

ADD/ADHD, Ritalin and OxyContin.

Establishes a joint subcommittee to study the effects of attention deficit disorder and attention deficit hyperactivity disorder on student performance and to investigate the improper prescription and illegal use and diversion of Ritalin and OxyContin.  This resolution incorporates SJR 327 (Miller, Y.B.)

HJ 683

Patron - Robert F. McDonnell

Charitable Choice.

Continues the Special Task Force Studying Ways Faith-Based Community Service Groups May Provide Assistance to Meet Social Needs. The Special Task Force shall complete its objectives pursuant to House Joint Resolution 764 (1999) and House Joint Resolution 291 (2000). The Special Task Force shall also incorporates the objectives of HJR 682 (McDonnell) to request the Secretary of Health and Human Resources to study the role in which charitable, private, faith-based, and other organizations and programs may provide services to ex-offenders.

HJ 810

Patron- S. Chris Jones

Prescription Drug Assistance.

Establishes the Joint Commission on Prescription Drug Assistance to develop ways and means to provide prescription drug assistance to needy senior citizens and to coordinate state and federal programs providing such assistance.

SJ 440

Patron - R. Edward Houck

Study; Treatment options for offenders with mental illness or substance abuse disorders.

Directs the Joint Commission on Behavioral Health Care, in conjunction with the Virginia State Crime Commission and the Virginia Commission on Youth, to study treatment options for offenders who have mental illness or substance abuse disorders.

SJ 441

Patron - Richard L. Saslaw        

Study; Department of Medical Assistance Services

Directs the Joint Legislative Audit and Review Commission to conduct an evaluation of the development, management, utilization, and funding of health and mental health services provided through the Department of Medical Assistance Services.