Outpatient treatment; allows court to order mandatory treatment following involuntary admission. (HB2257)
Introduced By
Del. Dave Albo (R-Springfield)
Progress
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Introduced |
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Passed Committee |
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Passed House |
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Passed Senate |
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Signed by Governor |
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Became Law |
Description
Mandatory outpatient treatment following inpatient treatment; voluntary admission. Allows a court to enter an order for mandatory outpatient treatment following involuntary admission, which orders a person who has been involuntarily admitted to mandatory outpatient treatment. The criteria for such an order differ from the criteria used for a mandatory outpatient treatment order entered where the person was not first involuntarily admitted. The criteria for an order for mandatory outpatient treatment following involuntary admission are that the person (i) has mental illness; (ii) no longer needs inpatient hospitalization but requires mandatory outpatient treatment to prevent rapid deterioration of his condition that would likely result in his meeting the criteria for inpatient treatment; (iii) is not likely to obtain outpatient treatment unless the court enters the order; and (iv) is likely to comply with the order. Additionally, services must actually be available in the community and providers of services must have actually agreed to deliver the services. The bill also sets forth how orders for mandatory outpatient treatment following involuntary admission will be enforced, reviewed, continued, and rescinded. The bill also requires that when determining whether a person is capable of consenting to voluntary admission, the judge or special justice shall hear evidence regarding the person's past compliance with treatment and the likelihood that the person will comply with the treatment that would be provided upon his voluntary admission for inpatient treatment. If the judge or special justice finds that the person is incapable of consenting to voluntary admission, the judge or special justice shall proceed with the commitment hearing. Amends § 37.2-814, § 37.2-817, § 37.2-817.4, § 37.2-818, of the Code of Virginia. View Full Text »
Outcome
History
- 01/14/2009 Committee
- 01/14/2009 Prefiled and ordered printed; offered 01/14/09 098130404
- 01/14/2009 Referred to Committee on Health, Welfare and Institutions
- 02/02/2009 Impact statement from DPB (HB2257)
- 02/03/2009 Assigned HWI sub: Institutions
- 02/03/2009 Subcommittee recommends reporting with amendment(s)
- 02/05/2009 Reported from Health, Welfare and Institutions with substitute (21-Y 0-N) (see vote tally)
- 02/05/2009 Committee substitute printed 093281404-H1
- 02/06/2009 Read first time
- 02/08/2009 Passed by for the day
- 02/09/2009 Read second time
- 02/09/2009 Committee substitute agreed to 093281404-H1
- 02/09/2009 Engrossed by House - committee substitute HB2257H1
- 02/10/2009 Read third time and passed House BLOCK VOTE (98-Y 0-N)
- 02/10/2009 VOTE: BLOCK VOTE PASSAGE (98-Y 0-N) (see vote tally)
- 02/10/2009 Reconsideration of passage agreed to by House
- 02/10/2009 Passed House BLOCK VOTE (99-Y 0-N)
- 02/10/2009 VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) (see vote tally)
- 02/11/2009 Constitutional reading dispensed
- 02/11/2009 Referred to Committee for Courts of Justice
- 02/16/2009 Impact statement from DPB (HB2257H1)
- 02/23/2009 Reported from Courts of Justice (15-Y 0-N) (see vote tally)
- 02/24/2009 Constitutional reading dispensed (39-Y 0-N) (see vote tally)
- 02/25/2009 Read third time
- 02/25/2009 Passed Senate (40-Y 0-N) (see vote tally)
- 03/04/2009 Enrolled
- 03/04/2009 Bill text as passed House and Senate (HB2257ER)
- 03/05/2009 Impact statement from DPB (HB2257ER)
- 03/05/2009 Signed by President
- 03/06/2009 Signed by Speaker
- 03/30/2009 G Approved by Governor-Chapter 647 (effective 7/1/09)
- 03/30/2009 G Acts of Assembly Chapter text (CHAP0647)
Comments
02/03/09 House: Subcommittee recommends reporting with amendment(s)
No indication of what the amendment(s) is or are though. Making voluntary admission more difficult was never supposed to be the goal of MH law reform. Adding mandatory outpatient treatment(forced drugging) when people leave a hospital as a possibility will use up limited community MH resources for folks who do not want services while people who do want services languish on waiting lists. It will also cost a lot of money if used by hospitals frequently, money that just is not there in the system.
What's cheaper, outpatient care or in hospital care? Patients who refuse needed outpatient care will require hospitalization upon relapse.