2015 Post-Session Legislative Update
The 2015 Virginia General Assembly short session
adjourned on February 27th. Much like last year’s
session, this year addressed gaps in Virginia’s
mental health system. Legislators considered a
range of legislation intended to reform and
strengthen the current system, not only through
policy change, but also by including additional
mental health funding in Virginia’s budget for
Fiscal Year 2015 – 2016.
The legislature continued to focus on proposals to increase funding for mental health services
including money for more PACT teams, children’s crisis services, therapeutic assessment “drop off”
centers, and permanent supportive housing. The General Assembly also approved funding for the
Governor’s Access Plan (GAP).
2015 Key Mental Health Legislation
The following concepts and specific legislation were the most prominent in this year’s discussions.
For detailed information on the status of all bills we were tracking this session, please click here for
our bill chart.
Treatment of Minors
HB 1717 and SB 773: PASSED: These identical pieces of legislation amend criteria for admitting an
objecting minor, 14 years of age or older, for psychiatric treatment so it matches the protocols for a
nonobjecting minor. In addition these bills establish standards regarding procedures for how a
parent can request continued treatment of the minor when a minor 14 years or older objects to
treatment after initially volunteering.
SB 779: PASSED: This piece of legislation increases the time period in which a minor 14 years of
age or older who objects to inpatient treatment or cannot make an informed decision can be
admitted to a willing mental health facility from 96 to 120 hours. This bill also requires facilities to
immediately notify the parent(s) of a minor who objects to further treatment after initially
volunteering for treatment and provide them with procedures on how to request continued
treatment of the minor.
HB 1443 and SB 782: PASSED: These pieces of legislation required the Board of Education to
adopt regulations on the use of seclusion and restraint in public elementary and secondary schools
1 in Virginia. These regulations must be consistent with existing guidance documents (criteria for
use, restrictions on use, and training, notification, reporting and follow-up requirements) and
address distinctions between certain student populations.
Bed Registry
SB 1265 and HB 2118: PASSED: In the 2014 session, legislation passed establishing a psychiatric
bed registration to require state facilities, community service boars, behavioral health authorities,
and private inpatient psychiatric service providers to update information included in the acute
psychiatric bed registry. This year, legislation was enacted to clarify the frequency with which the
bed registry has to be updated. SB 1265 and HB 2118 requires that the registry be updated
whenever there is a change in bed availability for the facility, board, authority or provider. The bed
registry is required to be updated at least once daily.
Supportive Housing
HB 2084: REJECTED: This piece of legislation would have extended the eligibility for auxiliary grants
to include individuals residing in supportive housing so long as the provider meets the Department
of Behavioral Health and Developmental Services’ requirements.
Transportation
HB 1693 and SB 1263: PASSED: These pieces of legislation allow magistrates the ability to
authorize alternative transportation for an individual subject to an ECO or TDO when there exists a
substantial likelihood that the person will cause serious harm to themselves or others. This bill also
includes liability protection for the alternative transportation providers.
Law-Enforcement
SB 1264: PASSED: This legislation allows information related to individuals adjudicated
incapacitated, ordered into involuntary treatment or individuals who were subject to a TDO who
agreed to voluntary admission, to be disseminated to a law-enforcement employee for purposes of
the administration of criminal justice.
Evaluations for Involuntary Civil Commitments
HB 2368: PASSED: This legislation requires the Commissioner of Behavioral Health and
Developmental Services along with relevant stakeholders, including NAMI Virginia, to develop a
comprehensive plan to authorize psychiatrists and emergency physicians to evaluate individuals for
involuntary civil admission. The Commissioner will present the plan and make formal policy
recommendations for the upcoming 2016 General Assembly session to the Joint Subcommittee
Studying Mental Health Services, the House Committee on Health, Welfare, and Institutions, and
the Senate Committee on Education and Health.
Budget Information
During the final week of session, the budget conferees issued their budget report, which included
positive news for the Virginia mental health community. The budget was passed by the General
Assembly. Here are the highlights:
2 Children’s Psychiatry and Crisis Response Services
$2.0 million from the general fund for FY 2015-2016 to expand child psychiatry and
children's crisis response services. The current need for these services exceeds current funding
levels and this additional funding will increase capacity in each of the five health planning regions
across the state to serve children in additional localities. More info here.
Programs of Assertive Community Treatment (PACT)
$3 million from the general fund for FY 2015-2016 to create three additional PACTs in the 2016
fiscal year, brining the total number of PACT teams to 26 statewide. PACT is an evidence-based
program that is a self-contained interdisciplinary team of at least 10 full-time equivalent clinical
staff, including a full or part-time psychiatrist who provides intensive service to individuals with
severe and persistent mental illness and who are at high risk for hospitalization, emergency room
intervention, arrest, and displacement from housing due to their need for intensive outreach and
treatment. More info here.
Permanent Supportive Housing
$2.1 million from the general fund for FY 2015-2016 to support 150 rental subsidies and supports
to be administered by community services boards or private entities to provide stable, supportive
housing for persons with serious mental illness, along with outreach and in-home clinical services
and support staff to help maintain community-based living and to avoid costly hospitalizations,
incarceration, and homelessness. The funding will provide an average of $714 per month to
support rental subsidies. More info here.
Therapeutic Assessment “Drop Off” Centers
$1.8 million from the general fund for FY 2015-2016 to add six new therapeutic assessment or
"drop-off" centers. Therapeutic assessment centers provide a location where law enforcement
officers executing an emergency custody order can transfer custody of an individual in acute mental
health crisis where the individual can be evaluated for possible detention and treatment. Funding
will ensure greater access to individuals in crisis and allow officers to return to their communities
promptly. More info here.
Governor’s Access Plan
The Governor’s Access Plan, or GAP, is a strategy originating from the Administration’s 2014 A
Healthy Plan Virginia. The purpose of the GAP plan is to provide limited mental health and physical
health care benefits to uninsured adults with mental illness between the ages of 21-64 and with
incomes up to 100% of Federal Poverty. Unfortunately as an outcome of the new budget, the
eligibility rate was lowered from 100% of Federal Poverty Level to 60% of Federal Poverty Level.
Fortunately, there is budget language to grandfather in the people who are currently enrolled with
incomes between 61% - 100% of Federal Poverty Level. More info here.
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