Virginia 2023 Regular Session

Virginia House Bill HB1792

Introduced
1/10/23  
Refer
1/10/23  
Report Pass
1/27/23  
Engrossed
2/1/23  
Refer
2/3/23  
Report Pass
2/9/23  
Enrolled
2/16/23  
Chaptered
3/22/23  

Caption

Temp. detention in hospital; testing, etc., mental/physical condition resulting from intoxication.

Impact

If enacted, HB 1792 could significantly impact state laws related to mental health and emergency medical responses. By providing a legal framework for the temporary detention of individuals in acute situations due to intoxication, the bill supports health care providers in ensuring that those in crisis receive necessary interventions. The legislation aims to balance individual rights with the need for timely medical care, showing a commitment to public health and safety in emergency scenarios involving intoxicated persons.

Summary

House Bill 1792 aims to amend §37.2-1104 of the Code of Virginia regarding temporary detention in a hospital for individuals whose mental or physical condition, including intoxication, renders them incapable of making informed decisions about their treatment. The bill allows magistrates or judges to authorize short-term detention in a hospital for testing, observation, or treatment for up to 24 hours when a licensed physician believes that immediate care is necessary to prevent harm to the individual or others. This measure seeks to address situations where intoxication significantly impairs a person's ability to consent to treatment, enhancing public safety and proper medical response.

Sentiment

The sentiment surrounding HB 1792 appears to be largely supportive among legislators and mental health advocates, seeing it as a necessary tool to address emergencies effectively. By enabling temporary detentions under controlled conditions, the bill aims to protect vulnerable individuals while also safeguarding public safety. However, there may also be some concerns regarding civil liberties, particularly around the potential for misuse of such detentions and ensuring that proper procedures are followed to respect individual rights.

Contention

Notable points of contention in the discussions about HB 1792 often revolve around how to implement the temporary detention provisions effectively. Legislators and stakeholders raised questions about the potential misuse of such authority, monitoring the treatment process, and ensuring that patients’ rights are not compromised. Ensuring adequate training and support for healthcare professionals who will be responsible for executing these detentions is also an important part of the debate, with various suggestions on how to best balance public safety with individual autonomy.

Companion Bills

VA SB1302

Same As Temp. detention in hospital; testing, etc., mental/physical condition resulting from intoxication.

Previously Filed As

VA SB1302

Temp. detention in hospital; testing, etc., mental/physical condition resulting from intoxication.

VA SB808

Mental or physical condition; temporary detention in hospital for testing, observation, etc.

VA SB34

Temporary detention; certified evaluators, report.

VA SB650

Emergency custody and temporary detention; hospitals and providers of behavioral health services.

VA HB608

Temporary detention; certified evaluators, report.

VA SB1512

Temporary detention; certified evaluators, report.

VA SB176

Civil commitments & temporary detention orders; def. of mental illness neurocognitive disorders.

VA HB888

Civil commitments & temporary detention orders; def. of mental illness neurocognitive disorders.

VA HB163

Emergency custody and temporary detention; governing transportation & custody of minors and adults.

VA HB1242

Emergency custody and temporary detention orders; evaluations, presence of others.

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