# Virginia HB309: Temporary detention in hospital; issuance of order for testing, observation, or treatment.

Virginia HB309, Temporary detention in hospital; issuance of order for testing, observation, or treatment., is a 2026 Regular Session House bill sponsored by Patrick A. Hope (Democratic); status signed, last action 2026-04-13 (Acts of Assembly Chapter text (CHAP0588)); PRIA reads it as touching household money (as of 2026-10-12).

- Canonical: https://policyrisk.com/state-bill/VA-HB309-2026
- As of: 2026-10-12
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Bill: Virginia HB309
- State: Virginia
- Session: 2026 Regular Session
- Title: Temporary detention in hospital; issuance of order for testing, observation, or treatment.
- Status: signed
- Chamber: House
- Introduced: 2026-01-09
- Last action: 2026-04-13, Acts of Assembly Chapter text (CHAP0588)
- Sponsor: Patrick A. Hope (Democratic)
- Cosponsors: 0
- Touches household money: yes
- Roll calls: 10 (334 yes, 0 no in all)
- Economic provisions PRIA read: 3

## 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.

## Bill overview: provisions PRIA read

- Liability shield for providers under orders: benefit, medium. 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 protecte…
- Required evaluation after emergency custody: benefit, low. 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…
- 24-hour hospital holds for adults: mixed, high. 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.…

## Sponsors and cosponsors

- Sponsor: Patrick A. Hope (Democratic), House

## Roll call votes

| Date | Chamber | Motion | Result | Yes | No | Other |
| --- | --- | --- | --- | --- | --- | --- |
| 2026-03-06 | House | Senate amendments agreed to by House | pass | 97 | 0 |   |
| 2026-03-04 | Senate | Passed Senate with amendments Block Vote | pass | 40 | 0 |   |
| 2026-03-04 | Senate | Courts of Justice Amendments agreed to | pass | 0 | 0 |   |
| 2026-03-03 | Senate | Passed by for the day Block Vote (Voice Vote) | pass | 0 | 0 |   |
| 2026-03-03 | Senate | Constitutional reading dispensed Block Vote (on 2nd reading) | pass | 40 | 0 |   |
| 2026-03-02 | Senate | Reported from Courts of Justice with amendments | pass | 15 | 0 |   |
| 2026-02-19 | Senate | Rereferred from Education and Health to Courts of Justice | pass | 14 | 0 |   |
| 2026-02-09 | House | Read third time and passed House Block Vote | pass | 98 | 0 |   |
| 2026-02-03 | House | Reported from Health and Human Services with substitute | pass | 22 | 0 |   |
| 2026-01-29 | House | Subcommittee recommends reporting with substitute | pass | 8 | 0 |   |

## Actions (36)

- 2026-04-13: Acts of Assembly Chapter text (CHAP0588) (Governor)
- 2026-04-13: Approved by Governor-Chapter 588 (effective 7/1/2026) (Governor)
- 2026-03-14: Governor's Action Deadline 11:59 p.m., April 13, 2026 (Governor)
- 2026-03-14: Enrolled Bill communicated to Governor on March 14, 2026 (House)
- 2026-03-13: Fiscal Impact Statement from Department of Planning and Budget (HB309) (House)
- 2026-03-13: Bill text as passed House and Senate (HB309ER) (House)
- 2026-03-13: Enrolled (House)
- 2026-03-13: Signed by President (Senate)
- 2026-03-13: Signed by Speaker (House)
- 2026-03-06: Senate amendments agreed to by House (97-Y 0-N 0-A) (House)
- 2026-03-04: Passed Senate with amendments Block Vote (40-Y 0-N 0-A) (Senate)
- 2026-03-04: Courts of Justice Amendments agreed to (Senate)
- 2026-03-04: Engrossed by Senate as amended (Senate)
- 2026-03-04: Read third time (Senate)
- 2026-03-03: Passed by for the day Block Vote (Voice Vote) (Senate)
- 2026-03-03: Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A) (Senate)
- 2026-03-03: Rules suspended (Senate)
- 2026-03-02: Senate committee offered (Senate)
- 2026-03-02: Reported from Courts of Justice with amendments (15-Y 0-N) (Senate)
- 2026-02-19: Rereferred from Education and Health to Courts of Justice (14-Y 0-N) (Senate)
- 2026-02-10: Referred to Committee on Education and Health (Senate)
- 2026-02-10: Constitutional reading dispensed (on 1st reading) (Senate)
- 2026-02-09: Read third time and passed House Block Vote (98-Y 0-N 0-A) (House)
- 2026-02-06: Engrossed by House - committee substitute (House)
- 2026-02-06: committee substitute agreed to (House)
- 2026-02-06: Read second time (House)
- 2026-02-05: Read first time (House)
- 2026-02-04: Fiscal Impact Statement from Department of Planning and Budget (HB309) (House)
- 2026-02-03: Committee substitute printed 26106522D-H1 (House)
- 2026-02-03: Reported from Health and Human Services with substitute (22-Y 0-N) (House)
- 2026-01-29: House subcommittee offered (House)
- 2026-01-29: Subcommittee recommends reporting with substitute (8-Y 0-N) (House)
- 2026-01-27: Fiscal Impact Statement from Department of Planning and Budget (HB309) (House)
- 2026-01-16: Assigned sub: Behavioral Health (House)
- 2026-01-09: Referred to Committee on Health and Human Services (House)
- 2026-01-09: Prefiled and ordered printed; Offered 01-14-2026 26102967D (House)

## Bill text

- Chaptered, 2026-04-13: [HTML](https://lis.blob.core.windows.net/files/1218948.HTML), [PDF](https://lis.blob.core.windows.net/files/1218947.PDF)
- Enrolled, 2026-03-13: [HTML](https://lis.blob.core.windows.net/files/1203565.HTML), [PDF](https://lis.blob.core.windows.net/files/1203564.PDF)
- Amendment, 2026-03-04: [HTML](https://lis.blob.core.windows.net/files/1194492.HTML)
- Amendment, 2026-03-03: [HTML](https://lis.blob.core.windows.net/files/1190888.HTML)
- Amendment, 2026-03-02: [HTML](https://lis.blob.core.windows.net/files/1187686.HTML)
- Substitute, 2026-02-03: [HTML](https://lis.blob.core.windows.net/files/1113841.HTML), [PDF](https://lis.blob.core.windows.net/files/1113840.PDF)
- Substitute, 2026-01-29: [HTML](https://lis.blob.core.windows.net/files/1100609.HTML), [HTML](https://lis.blob.core.windows.net/files/1100613.HTML), [HTML](https://lis.blob.core.windows.net/files/1101414.HTML), [PDF](https://lis.blob.core.windows.net/files/1100608.PDF), [PDF](https://lis.blob.core.windows.net/files/1100612.PDF), [PDF](https://lis.blob.core.windows.net/files/1101413.PDF)
- Introduced, 2026-01-09: [HTML](https://lis.blob.core.windows.net/files/1083786.HTML), [PDF](https://lis.blob.core.windows.net/files/1083785.PDF)

## Related bills

- HB5: Employment; paid sick leave, civil penalties. (signed)
- SB199: Employment; paid sick leave, civil penalties. (signed)
- HB95: Va. Residential Landlord and Tenant Act; landlord remedies, noncompliance with rental agreement. (signed)
- HB1393: Electric utilities; pilot program for energy assistance and weatherization for certain individuals. (signed)
- HB834: Virginia Residential Landlord and Tenant Act; fire or casualty damage, termination by landlord. (signed)
- HB675: Protection of employees; coercion or threat based on immigration status, civil penalty. (signed)

## Sources
- [Chaptered (HTML)](https://lis.blob.core.windows.net/files/1218948.HTML)
- [Chaptered (PDF)](https://lis.blob.core.windows.net/files/1218947.PDF)
- [Enrolled (HTML)](https://lis.blob.core.windows.net/files/1203565.HTML)
- [Enrolled (PDF)](https://lis.blob.core.windows.net/files/1203564.PDF)
- [Amendment (HTML)](https://lis.blob.core.windows.net/files/1194492.HTML)
- [Amendment (HTML)](https://lis.blob.core.windows.net/files/1190888.HTML)
- [Amendment (HTML)](https://lis.blob.core.windows.net/files/1187686.HTML)
- [Substitute (HTML)](https://lis.blob.core.windows.net/files/1113841.HTML)
- [Substitute (PDF)](https://lis.blob.core.windows.net/files/1113840.PDF)
- [Substitute (HTML)](https://lis.blob.core.windows.net/files/1100609.HTML)
- [Substitute (HTML)](https://lis.blob.core.windows.net/files/1100613.HTML)
- [Substitute (HTML)](https://lis.blob.core.windows.net/files/1101414.HTML)
- [Substitute (PDF)](https://lis.blob.core.windows.net/files/1100608.PDF)
- [Substitute (PDF)](https://lis.blob.core.windows.net/files/1100612.PDF)
- [Substitute (PDF)](https://lis.blob.core.windows.net/files/1101413.PDF)
- [Introduced (HTML)](https://lis.blob.core.windows.net/files/1083786.HTML)
- [Introduced (PDF)](https://lis.blob.core.windows.net/files/1083785.PDF)

## Related
- [HB5: Employment; paid sick leave, civil penalties.](https://policyrisk.com/state-bill/VA-HB5-2026)
- [SB199: Employment; paid sick leave, civil penalties.](https://policyrisk.com/state-bill/VA-SB199-2026)
- [HB95: Va. Residential Landlord and Tenant Act; landlord remedies, noncompliance with…](https://policyrisk.com/state-bill/VA-HB95-2026)
- [HB1393: Electric utilities; pilot program for energy assistance and weatherization for…](https://policyrisk.com/state-bill/VA-HB1393-2026)
- [HB834: Virginia Residential Landlord and Tenant Act; fire or casualty damage, terminat…](https://policyrisk.com/state-bill/VA-HB834-2026)
- [HB675: Protection of employees; coercion or threat based on immigration status, civil…](https://policyrisk.com/state-bill/VA-HB675-2026)
- [Virginia bills](https://policyrisk.com/states/virginia/bills)
- [Virginia state hub](https://policyrisk.com/states/virginia)
- [All state legislation](https://policyrisk.com/state-bills)

Source: PRIA, https://policyrisk.com/state-bill/VA-HB309-2026 (as of 2026-10-12).