Advance directives; admission of person for mental health treatment, capacity determinations. (HB1548)

Introduced By

Del. Peter Farrell (R-Henrico)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Advance directives; mental health treatment; capacity determinations. Amends procedures for advance directives to (i) provide that in cases in which a person has executed an advance directive granting an agent authority to make decisions for the declarant regarding mental health care, including decisions regarding admission to a facility for mental health treatment, the determination that the person is incapable of making an informed decision regarding such care or admission may be made by the attending physician or a psychiatrist, licensed clinical psychologist, licensed psychiatric nurse practitioner, or designee of the local community services board following an in-person examination and (ii) provide that a person's agent may make a health care decision over the protest of the person if, in addition to other factors, at the time the advance directive was made, a licensed physician, licensed clinical psychologist, licensed physician assistant, licensed nurse practitioner, licensed professional counselor, or licensed clinical social worker who was familiar with the person attested in writing that the person was capable of making an informed decision and understood the consequences of the provision. The bill also clarifies that admissions of a person to a facility for mental health treatment by an agent acting pursuant to an advance directive shall be subject to the requirements of 37.2-805.1. Read the Bill »


Bill Has Passed


12/29/2016Prefiled and ordered printed; offered 01/11/17 17103471D
12/29/2016Referred to Committee on Health, Welfare and Institutions
01/12/2017Assigned HWI sub: Subcommittee #2
01/19/2017Impact statement from DPB (HB1548)
01/26/2017Subcommittee recommends reporting with substitute (10-Y 0-N)
01/31/2017Reported from Health, Welfare and Institutions with substitute (22-Y 0-N) (see vote tally)
01/31/2017Committee substitute printed 17103796D-H1
02/01/2017Read first time
02/02/2017Read second time
02/02/2017Committee substitute agreed to 17103796D-H1
02/02/2017Engrossed by House - committee substitute HB1548H1
02/03/2017Read third time and passed House BLOCK VOTE (95-Y 0-N)
02/03/2017VOTE: BLOCK VOTE PASSAGE (95-Y 0-N) (see vote tally)
02/06/2017Constitutional reading dispensed
02/06/2017Referred to Committee on Education and Health
02/09/2017Reported from Education and Health with amendments (15-Y 0-N) (see vote tally)
02/10/2017Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/13/2017Read third time
02/13/2017Reading of amendments waived
02/13/2017Committee amendments agreed to
02/13/2017Engrossed by Senate as amended
02/13/2017Passed Senate with amendments (40-Y 0-N) (see vote tally)
02/15/2017Placed on Calendar
02/15/2017Senate amendments agreed to by House (100-Y 0-N)
02/15/2017VOTE: ADOPTION (100-Y 0-N) (see vote tally)
02/17/2017Bill text as passed House and Senate (HB1548ER)
02/17/2017Impact statement from DPB (HB1548ER)
02/17/2017Signed by Speaker
02/20/2017Signed by President
02/21/2017Enrolled Bill communicated to Governor on 2/21/17
02/21/2017G Governor's Action Deadline Midnight, March 27, 2017
03/13/2017G Approved by Governor-Chapter 456 (effective 7/1/17)
03/13/2017G Acts of Assembly Chapter text (CHAP0456)


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 3 minutes.