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)

Progress

✓	Introduced
✓	Passed Committee
✓	Passed House
✓	Passed Senate
☐	Signed by Governor
☐	Became Law

Description

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 requires the court to authorize such treatment in a facility designated by the sheriff or administrator upon finding that the prisoner is incapable, either mentally or physically, of giving informed consent; that the prisoner does not have a relevant advanced directive, guardian, or other substitute decision maker; that the proposed treatment is in the best interests of the prisoner; and that the jail has sufficient medical and nursing resources available to safely administer the treatment and respond to any adverse side effects that might arise from the treatment. 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 »

Status

02/20/2019: Passed the General Assembly

History

Date	Action
01/05/2019	Committee
01/05/2019	Prefiled and ordered printed; offered 01/09/19 19100189D
01/05/2019	Referred to Committee for Courts of Justice
01/14/2019	Assigned Courts sub: Subcommittee #1
01/14/2019	Subcommittee recommends reporting with substitute (8-Y 0-N)
01/21/2019	Reported from Courts of Justice with substitute (18-Y 0-N) (see vote tally)
01/21/2019	Committee substitute printed 19104834D-H1
01/23/2019	Read first time
01/24/2019	Read second time
01/24/2019	Committee substitute agreed to 19104834D-H1
01/24/2019	Engrossed by House - committee substitute HB1933H1
01/25/2019	Read third time and passed House BLOCK VOTE (97-Y 0-N)
01/25/2019	VOTE: BLOCK VOTE PASSAGE (97-Y 0-N) (see vote tally)
01/28/2019	Constitutional reading dispensed
01/28/2019	Referred to Committee for Courts of Justice
01/30/2019	Rereferred from Courts of Justice (10-Y 0-N) (see vote tally)
01/30/2019	Rereferred to Rehabilitation and Social Services
02/08/2019	Reported from Rehabilitation and Social Services with amendment (15-Y 0-N) (see vote tally)
02/11/2019	Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/11/2019	Impact statement from DPB (HB1933H1)
02/12/2019	Read third time
02/12/2019	Reading of amendment waived
02/12/2019	Committee amendment agreed to
02/12/2019	Engrossed by Senate as amended
02/12/2019	Passed Senate with amendment (40-Y 0-N) (see vote tally)
02/14/2019	Placed on Calendar
02/14/2019	Senate amendment agreed to by House (98-Y 0-N)
02/14/2019	VOTE: ADOPTION (98-Y 0-N) (see vote tally)
02/19/2019	Enrolled
02/19/2019	Bill text as passed House and Senate (HB1933ER)
02/19/2019	Impact statement from DPB (HB1933ER)
02/19/2019	Signed by Speaker
02/20/2019	Signed by President
02/21/2019	Enrolled Bill communicated to Governor on March 21, 2019
02/21/2019	G Governor's Action Deadline Midnight, March 25, 2019
02/21/2019	Enrolled Bill communicated to Governor on February 21, 2019
02/21/2019	G Governor's Action Deadline Midnight, March 26, 2019
03/26/2019	G Approved by Governor-Chapter 809 (effective 7/1/19)
03/26/2019	G Acts of Assembly Chapter text (CHAP0809)