Prisoners; medical and mental health treatment of those incapable of giving consent. (HB1933)

Introduced By

Del. Patrick Hope (D-Arlington) with support from co-patron Del. Sam Rasoul (D-Roanoke)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Medical and mental health treatment of prisoners incapable of giving consent. Establishes a process for the sheriff or administrator in charge of a local or regional correctional facility to petition a court to authorize medical or mental health treatment for a prisoner in such facility who is incapable of giving informed consent for such treatment. The process parallels the existing process for the Director of the Department of Corrections to seek authorization to provide involuntary treatment to prisoners in state correctional facilities. The bill provides that the treatment ordered may be provided within a local or regional correctional facility if such facility is licensed to provide such treatment. If statutory procedures are followed, the service provider does not have liability based on lack of consent or lack of capacity to consent unless there is injury or death resulting from gross negligence or willful and wanton misconduct. Amends § 17.1-406, § 17.1-410, § 37.2-803, of the Code of Virginia. Read the Bill »


01/14/2019: Awaiting a Vote in the Courts of Justice Committee


01/05/2019Prefiled and ordered printed; offered 01/09/19 19100189D
01/05/2019Referred to Committee for Courts of Justice
01/14/2019Assigned Courts sub: Subcommittee #1
01/14/2019Subcommittee recommends reporting with substitute (8-Y 0-N)

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