VirginiaHB3092026 Regular SessionHouseWALLET

Temporary detention in hospital; issuance of order for testing, observation, or treatment.

Sponsored By: Patrick A. Hope (Democratic)

Became Law

Summary

Temporary detention in hospital for testing, observation, or treatment. Provides that while seeking the issuance of an order for temporary detention in a hospital for testing, observation, or treatment, or an extension of such order, the person who would be subject to such order and is currently subject to an order issued pursuant to current law shall remain in the custody of the facility where he is located for up to two hours, and any security personnel shall ensure that such person does not leave the facility while such person is unable to provide informed consent. The bill states that the person shall be permitted to leave the facility if (i) such order is not issued; (ii) the physician determines the person does not meet the requirements for temporary detention; or (iii) the person's guardian or person legally authorized to make an informed decision on his behalf refuses to consent to continued detention, testing, observation, or treatment. The bill also provides that any licensed health professional, licensed hospital, including a hospital licensed by the Department of Health pursuant to relevant law, or security personnel assisting a licensed health professional shall have no liability arising out of a claim to the extent the claim is based on a lack of consent to the detention of a person when such professional or hospital is seeking the court's or magistrate's authorization for such detention.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

24-hour hospital holds for adults

A court or, if the court is unavailable, a magistrate can order a short hospital hold. A licensed doctor must try to get consent and find probable cause the person cannot decide. The law covers mental or physical problems, including intoxication. Care must be needed within 24 hours to prevent harm. Holds last up to 24 hours unless a judge extends them in a treatment order. While an order is sought, staff may keep the person up to two hours and use reasonable security. If the person regains capacity, the doctor must follow the person’s choice on more care. If no order issues, criteria are not met, or a guardian refuses, the person must be released at once. If a close family member objects, the doctor must tell the court, and the court must consider it.

Liability shield for providers under orders

Licensed health professionals, hospitals, and security staff who act under a court or magistrate order are not liable for lack of consent. If a court or magistrate denied a treatment petition because it found the person could decide, providers who treated with the person’s consent are also protected from lack-of-capacity claims.

Required evaluation after emergency custody

When someone is also under an emergency custody order, the hospital must call the nearest community services board after testing or treatment is done. Until July 1, 2026, a board designee or certified evaluator must, as soon as possible and before the hold ends, check if the person meets temporary detention criteria. Beginning July 1, 2026, the board designee must do this evaluation before the hold expires. If the person does not meet detention criteria, the evaluator or treating clinician must consider a referral to a community outpatient stabilization program before release.

Sponsors & Cosponsors

Sponsor

  • Patrick A. Hope

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 334 • No: 0

House vote 3/6/2026

Senate amendments agreed to by House

Yes: 97 • No: 0

Senate vote 3/4/2026

Courts of Justice Amendments agreed to

Yes: 0 • No: 0

Senate vote 3/4/2026

Passed Senate with amendments Block Vote

Yes: 40 • No: 0

Senate vote 3/3/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote 3/3/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 3/2/2026

Reported from Courts of Justice with amendments

Yes: 15 • No: 0

Senate vote 2/19/2026

Rereferred from Education and Health to Courts of Justice

Yes: 14 • No: 0

House vote 2/9/2026

Read third time and passed House Block Vote

Yes: 98 • No: 0

House vote 2/3/2026

Reported from Health and Human Services with substitute

Yes: 22 • No: 0

House vote 1/29/2026

Subcommittee recommends reporting with substitute

Yes: 8 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0588)

    4/13/2026Governor
  2. Approved by Governor-Chapter 588 (effective 7/1/2026)

    4/13/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/14/2026Governor
  4. Enrolled Bill communicated to Governor on March 14, 2026

    3/14/2026House
  5. Fiscal Impact Statement from Department of Planning and Budget (HB309)

    3/13/2026House
  6. Bill text as passed House and Senate (HB309ER)

    3/13/2026House
  7. Enrolled

    3/13/2026House
  8. Signed by President

    3/13/2026Senate
  9. Signed by Speaker

    3/13/2026House
  10. Senate amendments agreed to by House (97-Y 0-N 0-A)

    3/6/2026House
  11. Passed Senate with amendments Block Vote (40-Y 0-N 0-A)

    3/4/2026Senate
  12. Courts of Justice Amendments agreed to

    3/4/2026Senate
  13. Engrossed by Senate as amended

    3/4/2026Senate
  14. Read third time

    3/4/2026Senate
  15. Passed by for the day Block Vote (Voice Vote)

    3/3/2026Senate
  16. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    3/3/2026Senate
  17. Rules suspended

    3/3/2026Senate
  18. Senate committee offered

    3/2/2026Senate
  19. Reported from Courts of Justice with amendments (15-Y 0-N)

    3/2/2026Senate
  20. Rereferred from Education and Health to Courts of Justice (14-Y 0-N)

    2/19/2026Senate
  21. Referred to Committee on Education and Health

    2/10/2026Senate
  22. Constitutional reading dispensed (on 1st reading)

    2/10/2026Senate
  23. Read third time and passed House Block Vote (98-Y 0-N 0-A)

    2/9/2026House
  24. Engrossed by House - committee substitute

    2/6/2026House
  25. committee substitute agreed to

    2/6/2026House

Bill Text

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