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Virginia Statutes, Title 37.2

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Title 37.2, Title 37.2. Behavioral Health and Developmental Services

11 chapters · 219 sections in this title.

All chapters in Title 37.2219 Ch 8, Chapter 8. Emergency Custody and Vol…52 Ch 4, Chapter 4. Protection of Consumers.37 Ch 3, Chapter 3. Department of Behavioral …33 Ch 9, Chapter 9. Civil Commitment of Sexua…25 Ch 7, Chapter 7. State Facilities.24 Ch 6, Chapter 6. Behavioral Health Authori…16 Ch 5, Chapter 5. Community Services Boards.14 Ch 11, Chapter 11. Judicial Authorization o…10 Ch 2, Chapter 2. State Board of Behavioral…6 Ch 1, Chapter 1. Definitions.2

33 sections·Filtered byTitle 37.2✕Ch 3✕

Va. Code Ann. § 37.2-300 Creation and supervision of Department
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The Department of Behavioral Health and Developmental Services is hereby established in the executive branch of government responsible to the Governor. The Department shall be under the supervision and management of the Commissioner. The Commissioner shall carry out his managemen…
Va. Code Ann. § 37.2-301 Appointment of Commissioner
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The Commissioner shall be appointed by the Governor, subject to confirmation by the General Assembly, if in session when the appointment is made or, if not in session, at its next session.
Va. Code Ann. § 37.2-302 Term of office and vacancy therein
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The Commissioner shall hold office at the pleasure of the Governor for a term coincident with that of the Governor making the appointment or until his successor shall be appointed and qualified. Vacancies shall be filled in the same manner as original appointments are made.
Va. Code Ann. § 37.2-303 Qualifications of Commissioner
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The Commissioner shall be a person of proven executive and administrative ability and shall have had appropriate education and substantial experience in the fields of mental health, developmental, or substance abuse services.

Va. Code Ann. § 37.2-304 Duties of Commissioner

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The Commissioner shall be the chief executive officer of the Department and shall have the following duties and powers: 1. To supervise and manage the Department and its state facilities. 2. To employ the personnel required to carry out the purposes of this title. 3. To make and …

Va. Code Ann. § 37.2-305 Receiving gifts and endowments

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The Commissioner may receive gifts, bequests, and endowments to or for state facilities in their names or to or for any individual receiving services in state facilities. When gifts, bequests, and endowments are accepted by the Commissioner, he shall well and faithfully administe…

Va. Code Ann. § 37.2-306 Research into causes of mental illness, developmental disabilities, substance abuse, and related subjects

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The Commissioner is hereby directed to promote research into the causes of mental illness, developmental disabilities, and substance abuse throughout the Commonwealth. The Commissioner shall encourage the directors of the state facilities and their staffs in the investigation of …

Va. Code Ann. § 37.2-307 Employment of special counsel to defend Board member, officer, or employee of Department in criminal cases

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If the Commissioner, any Board member, or any officer or employee of the Department is arrested, indicted, or otherwise prosecuted on any charge arising out of any act committed in the discharge of his official duties, the Commissioner may employ special counsel, to be approved b…

Va. Code Ann. § 37.2-308 Data reporting on children and adolescents

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A. The Department shall collect and compile the following data: 1. The total number of licensed mental health inpatient psychiatric beds for children and adolescents; and 2. The total number of licensed psychiatric residential treatment facility beds for children and adolescents.…

Va. Code Ann. § 37.2-308.01 Commitment hearings for involuntary admissions; data sharing

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Notwithstanding the provisions of §§ 16.1-305 and 37.2-818, at the request of the Department and as provided in this section, the Office of the Executive Secretary of the Supreme Court shall provide to the Department electronic data, including individually identifiable informatio…

Va. Code Ann. § 37.2-308.1 Acute psychiatric bed registry

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A. The Department shall develop and administer a web-based acute psychiatric bed registry to collect, aggregate, and display information about available acute beds in public and private inpatient psychiatric facilities and public and private residential crisis stabilization units…

Va. Code Ann. § 37.2-309 Department responsible for substance abuse services; office established; qualifications of staff

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The Department shall be responsible for the administration, planning, and regulation of substance abuse services in the Commonwealth. The Commissioner shall establish an Office of Substance Abuse Services and employ a director and staff who shall have knowledge and experience in …

Va. Code Ann. § 37.2-310 Powers and duties of Department related to substance abuse

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The Department shall have the following powers and duties related to substance abuse: 1. To act as the sole state agency for the planning, coordination, and evaluation of the comprehensive interagency state plan for substance abuse services. 2. To provide staff assistance to the …

Va. Code Ann. § 37.2-311 Review of applications for state or federal funds or services used in substance abuse programs

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A. No state agency that is authorized to issue final approval or disapproval of or to make a final review and comment on any application for state funds or services that are to be used in a substance abuse program shall take final action on an application until the application is…

Va. Code Ann. § 37.2-311.1 Comprehensive crisis system; Marcus alert system; powers and duties of the Department related to comprehensive mental health, substance abuse, and developmental disability crisis services

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A. As used in this section and §§?37.2-311.2 through 37.2-311.6, unless the context requires a different meaning: "Community care team" means a team of mental health service providers, and may include registered peer recovery specialists and law-enforcement officers as a team, wi…

Va. Code Ann. § 37.2-311.2 Powers and duties of crisis call center

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A. The crisis call center established by the Department pursuant to § 37.2-311.1 shall provide crisis intervention services and crisis care coordination to individuals accessing the NSPL from any jurisdiction in the Commonwealth 24 hours a day, seven days a week. B. In administer…

Va. Code Ann. § 37.2-311.3 Standards for community care teams and mobile crisis teams

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The Department shall ensure that mobile crisis teams and community care teams: 1. Are designed in partnership with community members, including people with lived experience utilizing crisis services; 2. Are staffed by personnel who reflect the demographics of the community served…

Va. Code Ann. § 37.2-311.4 Crisis Call Center Fund

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There is hereby created in the state treasury a special nonreverting fund to be known as the Crisis Call Center Fund. The Fund shall be established on the books of the Comptroller. All revenues accruing to the Fund pursuant to § 37.2-311.5, all funds appropriated to the Fund, and…

Va. Code Ann. § 37.2-311.5 Collection of 988 charges

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A. 1. Each dealer, as defined in § 56-484.17:1, shall collect a prepaid wireless 988 charge of $0.08 from the end user, as defined in § 56-484.17:1, with respect to each retail transaction, as defined in § 56-484.17:1, occurring in the Commonwealth. A dealer may combine the tax i…

Va. Code Ann. § 37.2-311.6 Liability for emergency calls to the National Suicide Prevention Lifeline

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A. Any originating service provider, as defined in § 56-484.12, and its employees and agents shall not be liable to any person for damages incurred as a result of any act or omission by it, except gross negligence or intentional, willful, or wanton misconduct, in connection with …

Va. Code Ann. § 37.2-312 Department responsible for education and training programs

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The Department shall be responsible for providing for education and training of school-age individuals in state facilities. The Board of Education shall supervise the education and training provided to school-age individuals in training centers, and shall provide for and direct t…

Va. Code Ann. § 37.2-312.1 Department to be lead agency for suicide prevention across the lifespan

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A. With such funds as may be appropriated for this purpose, the Department, in consultation with community services boards and behavioral health authorities, the Department of Health, local departments of health, and the Department for Aging and Rehabilitative Services, shall hav…

Va. Code Ann. § 37.2-312.2 Commonwealth Mental Health First Aid Program

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A. For the purposes of this section, "certified trainer" means a person who has successfully completed a Mental Health First Aid instructor training program offered by the national authorities of Mental Health First Aid USA or the Commonwealth Mental Health First Aid Program and …

Va. Code Ann. § 37.2-313 Employment of unlicensed physician by Department

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Unless a physician is licensed by the Commonwealth or is in an internship or residency program approved by the Commissioner, he shall not be employed by the Department for the practice of any of the healing arts or to provide services under the supervision of the Commissioner.

Va. Code Ann. § 37.2-313.1 Licensed physician required at certain training centers

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The Department of Behavioral Health and Developmental Services shall require a licensed physician to be on duty at all times for any certified skilled nursing beds in any state training center as defined in § 37.2-100.

Va. Code Ann. § 37.2-314 Background check required

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A. As used in this section, "peer recovery specialist" means any person who has completed a peer recovery specialist training course approved by the Department of Behavioral Health and Developmental Services. B. As a condition of employment, the Department shall require any appli…

Va. Code Ann. § 37.2-314.1 Developmental Disabilities Mortality Review Committee; duties; membership; confidentiality; report; penalty

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A. There is hereby created the Developmental Disabilities Mortality Review Committee (the Committee), which shall develop and implement procedures to ensure that deaths of persons with developmental disabilities receiving services from a provider licensed by the Department or in …

Va. Code Ann. § 37.2-314.2 Problem Gambling Treatment and Support Fund

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A. As used in this section: "Compulsive gambling" means persistent and recurrent problem gambling behavior leading to clinically significant impairment or distress, as indicated by an individual exhibiting four or more of the criteria as defined by the Diagnostic Statistical Manu…

Va. Code Ann. § 37.2-314.3 Powers and duties of the Department related to supported decision-making agreements; report

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A. As used in this section: "Principal" means an adult with an intellectual or developmental disability who seeks to enter or has entered into a supported decision-making agreement with a supporter. "Supported decision-making agreement" means an agreement between a principal and …

Va. Code Ann. § 37.2-316 System restructuring; state and community consensus and planning team required

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A. For the purpose of considering any restructuring of the system of mental health services involving an existing state hospital, the Commissioner shall establish a state and community consensus and planning team consisting of Department staff and representatives of the localitie…

Va. Code Ann. § 37.2-317 Definitions

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As used in this article, unless the context requires a different meaning: "Assets" means the buildings and land of state facilities operated by the Department. "Fund" means the Behavioral Health and Developmental Services Trust Fund. "Net proceeds" means the gross amount received…

Va. Code Ann. § 37.2-318 Behavioral Health and Developmental Services Trust Fund established; purpose

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There is hereby created in the state treasury a special nonreverting fund to be known as the Behavioral Health and Developmental Services Trust Fund to enhance and ensure for the coming years the quality of care and treatment provided to individuals receiving public mental health…

Va. Code Ann. § 37.2-319 Administration of Behavioral Health and Developmental Services Trust Fund

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A. The Fund shall be administered by the Commissioner. Moneys in the Fund shall be used for mental health, developmental, or substance abuse services and to facilitate transition of individuals with intellectual disability from state training centers to community-based services. …