37.2-815 - Commitment hearing for involuntary admission; examination required.
§ 37.2-815. Commitment hearing for involuntary admission; examinationrequired.
A. Notwithstanding § 37.2-814, the district court judge or special justiceshall require an examination of the person who is the subject of the hearingby a psychiatrist or a psychologist who is licensed in Virginia by the Boardof Medicine or the Board of Psychology and is qualified in the diagnosis ofmental illness or, if such a psychiatrist or psychologist is not available, amental health professional who (i) is licensed in Virginia through theDepartment of Health Professions as a clinical social worker, professionalcounselor, marriage and family therapist, psychiatric nurse practitioner, orclinical nurse specialist, (ii) is qualified in the assessment of mentalillness, and (iii) has completed a certification program approved by theDepartment. The examiner chosen shall be able to provide an independentclinical evaluation of the person and recommendations for his placement,care, and treatment. The examiner shall (a) not be related by blood ormarriage to the person, (b) not be responsible for treating the person, (c)have no financial interest in the admission or treatment of the person, (d)have no investment interest in the facility detaining or admitting the personunder this chapter, and (e) except for employees of state hospitals, the U.S.Department of Veterans Affairs, and community service boards, not be employedby the facility. For purposes of this section, the term "investmentinterest" shall be as defined in § 37.2-809.
B. The examination conducted pursuant to this section shall be acomprehensive evaluation of the person conducted in-person or, if that is notpracticable, by two-way electronic video and audio communication system asauthorized in § 37.2-804.1. Translation or interpreter services shall beprovided during the evaluation where necessary. The examination shall consistof (i) a clinical assessment that includes a mental status examination;determination of current use of psychotropic and other medications; a medicaland psychiatric history; a substance use, abuse, or dependency determination;and a determination of the likelihood that, as a result of mental illness,the person will, in the near future, suffer serious harm due to his lack ofcapacity to protect himself from harm or to provide for his basic humanneeds; (ii) a substance abuse screening, when indicated; (iii) a riskassessment that includes an evaluation of the likelihood that, as a result ofmental illness, the person will, in the near future, cause serious physicalharm to himself or others as evidenced by recent behavior causing,attempting, or threatening harm and other relevant information, if any; (iv)an assessment of the person's capacity to consent to treatment, including hisability to maintain and communicate choice, understand relevant information,and comprehend the situation and its consequences; (v) a review of thetemporary detention facility's records for the person, including the treatingphysician's evaluation, any collateral information, reports of any laboratoryor toxicology tests conducted, and all admission forms and nurses' notes;(vi) a discussion of treatment preferences expressed by the person orcontained in a document provided by the person in support of recovery; (vii)an assessment of whether the person meets the criteria for an orderauthorizing discharge to mandatory outpatient treatment following a period ofinpatient treatment pursuant to subsection C1 of § 37.2-817; (viii) anassessment of alternatives to involuntary inpatient treatment; and (ix)recommendations for the placement, care, and treatment of the person.
C. All such examinations shall be conducted in private. The judge or specialjustice shall summons the examiner who shall certify that he has personallyexamined the person and state whether he has probable cause to believe thatthe person (i) has a mental illness and there is a substantial likelihoodthat, as a result of mental illness, the person will, in the near future, (a)cause serious physical harm to himself or others as evidenced by recentbehavior causing, attempting, or threatening harm and other relevantinformation, if any, or (b) suffer serious harm due to his lack of capacityto protect himself from harm or to provide for his basic human needs, and(ii) requires involuntary inpatient treatment. The judge or special justiceshall not render any decision on the petition until the examiner haspresented his report. The examiner may report orally at the hearing, but heshall provide a written report of his examination prior to the hearing. Theexaminer's written certification may be accepted into evidence unlessobjected to by the person or his attorney, in which case the examiner shallattend in person or by electronic communication. When the examiner attendsthe hearing in person or by electronic communication, the examiner shall notbe excluded from the hearing pursuant to an order of sequestration ofwitnesses.
(1976, c. 671, § 37.1-67.3; 1979, c. 426; 1980, cc. 166, 582; 1982, c. 471;1984, c. 277; 1985, c. 261; 1986, cc. 349, 609; 1988, c. 225; 1989, c. 716;1990, cc. 59, 60, 728, 798; 1991, c. 636; 1992, c. 752; 1994, cc. 736, 907;1995, cc. 489, 668, 844; 1996, cc. 343, 893; 1997, cc. 558, 921; 1998, c.446; 2001, cc. 478, 479, 507, 658, 837; 2004, cc. 66, 1014; 2005, c. 716;2007, c. 400; 2008, cc. 779, 850, 870; 2009, cc. 21, 132, 838; 2010, cc. 330,461.)