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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

219 sections·Filtered byTitle 37.2✕

Va. Code Ann. § 37.2-406 Conditions for initial licensure of certain providers
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A. No provider shall be required to conduct, maintain, or operate services for the treatment of persons with opiate addiction through the use of (i) methadone or (ii) opioid replacements other than opioid replacements approved for the treatment of opioid addiction by the U.S. Foo…
Va. Code Ann. § 37.2-407 Regulations for treatment of pregnant women with substance abuse
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The Board shall adopt regulations that ensure that providers licensed to offer substance abuse services develop policies and procedures for the timely and appropriate treatment of pregnant women with substance abuse.
Va. Code Ann. § 37.2-408 Regulation of services delivered in group homes and residential facilities for children
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A. The Department shall assist and cooperate with other state departments in fulfilling their respective licensing and certification responsibilities. The Board shall adopt regulations that shall allow the Department to so assist and cooperate with other state departments. The Bo…
Va. Code Ann. § 37.2-408.1 Background check required; children's residential facilities
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A. Notwithstanding the provisions of § 37.2-416, as a condition of employment, volunteering or providing services on a regular basis, every children's residential facility that is regulated or operated by the Department shall require any person who (i) accepts a position of emplo…

Va. Code Ann. § 37.2-409 Intermediate care facilities for individuals with intellectual disability

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The Board may adopt regulations specifying the maximum number of individuals to be served by any intermediate care facility for individuals with intellectual disability (ICF/IID).

Va. Code Ann. § 37.2-410 Expiration of license; renewal; license fees

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Full licenses granted under this article may be issued for a period of one year or three successive years from the date of issuance and may be renewed by the Commissioner. The Commissioner shall issue a triennial license to a provider that has demonstrated full compliance with al…

Va. Code Ann. § 37.2-411 Inspections

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All services provided or delivered under any license shall be subject to review or inspection at any reasonable time by any authorized inspector or agent of the Department. The Commissioner or his authorized agents shall inspect all licensed providers and shall have access at all…

Va. Code Ann. § 37.2-412 Human rights review

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Licensing pursuant to this article shall be contingent upon substantial compliance with § 37.2-400 and acceptable implementation of the human rights regulations adopted pursuant thereto, as determined by periodic human rights reviews performed by the Department. Such reviews shal…

Va. Code Ann. § 37.2-413 Necessity for supervision by licensed provider

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No person shall maintain or operate any service unless such service is under the direct supervision of a provider licensed under this article.

Va. Code Ann. § 37.2-414 Cure by mental or spiritual means without use of drugs or material remedy

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Nothing contained in this article shall be construed to authorize or require a license of a provider to establish, maintain and operate, or have charge of any service for the care and treatment of persons by the practice of the religious tenets of any church in the ministration t…

Va. Code Ann. § 37.2-415 Provisional and conditional licenses

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The Commissioner may issue a provisional license at any time to a provider that has previously been fully licensed when the provider is temporarily unable to comply with all licensing standards. The maximum term of a provisional license shall be six months. A provisional license …

Va. Code Ann. § 37.2-416 Background checks required; services for children and developmental services

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A. As used in this section: "Direct care position" means any position that includes responsibility for (i) treatment, case management, health, safety, development, or well-being of an individual younger than 18 years of age in any program providing mental health or substance abus…

Va. Code Ann. § 37.2-416.1 Background checks required; adult substance abuse and mental health services

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A. As used in this section: "Direct care position" means any position that includes responsibility for (i) treatment, case management, health, safety, development, or well-being of an adult receiving substance abuse or mental health services or (ii) immediately supervising a pers…

Va. Code Ann. § 37.2-417 Proceeding to prevent unlawful operation of service

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In case any service is being operated in violation of the provisions of this article or of any applicable regulations made under these provisions, the Commissioner, in addition to other remedies, may institute any appropriate action or proceedings against the provider to prevent …

Va. Code Ann. § 37.2-418 Revocation, suspension, or refusal of licenses; resumption of operation; summary suspension under certain circumstances; penalty

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A. The Commissioner is authorized to revoke or suspend any license issued hereunder or refuse issuance of a license on any of the following grounds: (i) violation of any provision of this article or of any applicable regulation made pursuant to such provisions; (ii) permitting, a…

Va. Code Ann. § 37.2-419 Human rights and licensing enforcement and sanctions; notice

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A. As used in this section, "special order" means an administrative order issued to any party licensed or funded by the Department that has a stated duration of not more than 12 months and that may include a civil penalty that shall not exceed $500 per violation per day, prohibit…

Va. Code Ann. § 37.2-419.1 Summary suspension of adult facility licenses under certain circumstances; due process; penalty

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A. Pursuant to the procedures set forth in subsection B and in addition to the authority for other disciplinary actions provided in this chapter, the Commissioner may issue a summary order of suspension of the license of any group home or residential facility for adults, in conju…

Va. Code Ann. § 37.2-420 Offer or payment of remuneration in exchange for referral prohibited

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No provider licensed pursuant to this article shall knowingly and willfully offer or pay any remuneration directly or indirectly, in cash or in kind, to induce any practitioner of the healing arts or any clinical psychologist licensed under the provisions of Chapters 29 (§ 54.1-2…

Va. Code Ann. § 37.2-421 Advertising by licensed providers

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The Board shall adopt regulations governing advertising practices of any provider licensed pursuant to this article. The regulations shall require that any provider's advertisement not contain false or misleading information or false or misleading representations as to fees charg…

Va. Code Ann. § 37.2-421.1 Supportive housing providers

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A. The Department may enter into an agreement for the provision of supportive housing for individuals receiving auxiliary grants pursuant to § 51.5-160 with any provider licensed to provide mental health community support services, intensive community treatment, programs of asser…

Va. Code Ann. § 37.2-422 Penalty

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Any person violating any provision of this article or any applicable regulation made under such provisions shall be guilty of a Class 3 misdemeanor, and each day, or part thereof, of continuation of any such violation shall constitute a separate offense.

Va. Code Ann. § 37.2-426 Officers may be appointed conservators of the peace; regulation of traffic

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Pursuant to § 19.2-13, the director, resident officers, policemen, and fire fighters of any hospital or training center may be appointed conservators of the peace on the hospital or training center property and shall have, in addition to the powers of conservators of the peace, a…

Va. Code Ann. § 37.2-427 Mistreatment of individuals receiving services in hospital or training center

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It shall be unlawful for any officer or employee of any hospital or training center or other person to maltreat or misuse any individual who is receiving services in any hospital or training center or who is on a day pass, family visit, or trial visit from a hospital or training …

Va. Code Ann. § 37.2-428 Aiding and abetting in escapes

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It shall be unlawful for any officer or employee of any hospital or training center or any other person to aid or abet in the escape or secretion of any lawfully admitted individual receiving services in any hospital or training center, while the individual is in the hospital or …

Va. Code Ann. § 37.2-429 Disorderly conduct on grounds and interference with officers

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It shall be unlawful for any person to conduct himself in an insulting or disorderly manner on the grounds of any hospital or training center or in any way to resist or interfere with any officer or employee of any hospital or training center in discharge of his duty. Any person …

Va. Code Ann. § 37.2-430 Providing alcoholic beverages to individuals receiving services

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It shall be unlawful for any person to sell or give alcoholic beverages to any individual receiving services in any hospital or training center, bring alcoholic beverages onto the premises of the hospital or training center, administer alcoholic beverages to any individual receiv…

Va. Code Ann. § 37.2-431 Contriving or conspiring to maliciously obtain admission of person

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It shall be unlawful for any person to knowingly and maliciously contrive or conspire to obtain without reasonable cause the admission of any person to any hospital or training center. Any person who knowingly and maliciously contrives or conspires to obtain without reasonable ca…

Va. Code Ann. § 37.2-431.1 Recovery residences; penalty

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A. As used in this section: "Credentialing entity" means a nonprofit organization that develops and administers professional certification programs according to standards of the National Alliance for Recovery Residences or standards endorsed by Oxford House, Inc. "Level of suppor…

Va. Code Ann. § 37.2-500 Purpose; community services board; services to be provided

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A. The Department, for the purposes of establishing, maintaining, and promoting the development of mental health, developmental, and substance abuse services in the Commonwealth, may provide funds to assist any city or county or any combinations of cities or counties or cities an…

Va. Code Ann. § 37.2-501 Community services board; appointment; membership; duties of fiscal agent

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A. Every city or county or any combination of counties and cities, before it shall come within the provisions of this chapter, shall establish a community services board with no less than six and no more than 18 members. When any city or county singly establishes a community serv…

Va. Code Ann. § 37.2-502 Community services board members; term of office; vacancies; removal

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The term of office of each member of a community services board shall be for three years from January 1 of the year of appointment or, at the option of the governing body of a county or city, from July 1 of the year of appointment, except that of the members first appointed, seve…

Va. Code Ann. § 37.2-503 Compensation of community services board members

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The governing body of any county or city or the governing bodies of any combination of cities and counties establishing a community services board may pay, out of its general fund or their general funds, no more than $600 per year to each board member as compensation for his atte…

Va. Code Ann. § 37.2-504 Community services boards; local government departments; powers and duties

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A. Every operating and administrative policy community services board and local government department with a policy-advisory board shall have the following powers and duties: 1. Review and evaluate public and private community mental health, developmental, and substance abuse ser…

Va. Code Ann. § 37.2-505 Coordination of services for preadmission screening and discharge planning

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A. The community services board shall fulfill the following responsibilities: 1. Be responsible for coordinating the community services necessary to accomplish effective preadmission screening and discharge planning for persons referred to the community services board. When pread…

Va. Code Ann. § 37.2-506 Background checks required; services for children and developmental services

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A. As used in this section: "Direct care position" means any position that includes responsibility for (i) treatment, case management, health, safety, development, or well-being of an individual younger than 18 years of age in any program providing mental health or substance abus…

Va. Code Ann. § 37.2-506.1 Background checks required; adult substance abuse and mental health services

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A. As used in this section: "Direct care position" means any position that includes responsibility for (i) treatment, case management, health, safety, development, or well-being of an adult receiving substance abuse or mental health services or (ii) immediately supervising a pers…

Va. Code Ann. § 37.2-508 Performance contract for mental health, developmental, and substance abuse services

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A. The Department shall develop and initiate negotiation of the performance contracts through which it provides funds to community services boards to accomplish the purposes set forth in this chapter. In the case of operating boards, the Department may, notwithstanding any provis…

Va. Code Ann. § 37.2-509 Mental health, developmental, and substance abuse services; allocation of funds by Department; reduction of funds

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A. At the beginning of each fiscal year, the Department shall allocate available state-controlled funds to community services boards for disbursement in accordance with procedures established by the Department and performance contracts approved by the Department. Allocations of s…

Va. Code Ann. § 37.2-510 Community services board; withdrawal of county or city

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No county or city participating in a joint community services board shall withdraw from it without providing two years' notice to the other participating counties or cities, unless the other counties or cities agree to an earlier withdrawal.

Va. Code Ann. § 37.2-511 Liability for expenses of services

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The income and estate of an individual receiving services shall be liable for the expenses of services under the jurisdiction or supervision of any community services board that are utilized by the individual. Any person responsible for holding, managing, or controlling the incom…

Va. Code Ann. § 37.2-512 Authority to enter into joint agreements

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A. A community services board may enter into joint agreements, pursuant to subdivision A 4 of § 37.2-504 with one or more community services boards or behavioral health authorities, to provide treatment, habilitation, or support services for individuals receiving services with sp…

Va. Code Ann. § 37.2-513 Information about services to be made available to courts

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Each community services board shall develop, regularly update, and make available to all juvenile and domestic relations district courts, general district courts, and circuit courts in the locality served by the community services board information regarding the services provided…

Va. Code Ann. § 37.2-600 Definitions

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As used in this chapter, unless the context requires a different meaning: "Behavioral health" means the full range of mental health, developmental, and substance abuse services and treatment modalities. "Behavioral health authority board of directors" means the public body organi…

Va. Code Ann. § 37.2-601 Behavioral health authorities; purpose

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A. The Department, for the purposes of establishing, maintaining, and promoting the development of behavioral health services in the Commonwealth, may provide funds to assist certain cities or counties in the provision of these services. In order to provide comprehensive mental h…

Va. Code Ann. § 37.2-602 Board of directors; appointment; membership

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A city or county, before it shall come within the provisions of this chapter, shall establish a behavioral health authority with a board of directors with no less than six and no more than 18 members. When any city or county establishes a behavioral health authority, the board of…

Va. Code Ann. § 37.2-603 Board of directors; terms; vacancies; removal

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The term of office of each member of the behavioral health authority board of directors shall be for three years from January 1 of the year of appointment or, at the option of the governing body of the city or county, from July 1 of the year of appointment, except that of the mem…

Va. Code Ann. § 37.2-604 Board of directors; officers; meetings

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The members of the behavioral health authority board of directors shall annually elect one of their members as chairman and another as vice-chairman and also shall elect a secretary and a treasurer, who may or may not be members, for terms to be determined by the members. The sam…

Va. Code Ann. § 37.2-605 Behavioral health authorities; powers and duties

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Every authority shall be deemed to be a public instrumentality, exercising public and essential governmental functions to provide for the public mental health, welfare, convenience, and prosperity of the residents and such other persons who might be served by the authority and to…

Va. Code Ann. § 37.2-606 Coordination of services for preadmission screening and discharge planning

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A behavioral health authority shall coordinate services for preadmission screening and discharge planning and provide preadmission screening services and discharge planning in the same manner as community services boards, as set forth in § 37.2-505.

Va. Code Ann. § 37.2-607 Background check required

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A behavioral health authority shall fulfill the duties of and be subject to the employee background check requirements that are applicable to community services boards, as set forth in §§ 37.2-506 and 37.2-506.1.