dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 3 (DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES)
§ 37.2-300. Creation and supervision of Department.
The Department of Behavioral Health and Developmental Services is hereby established in the executive branch of government responsible to the Governor. The Department shall be under the supervision and management of the Commissioner. The Commissioner shall carry out his management and supervisory responsibilities in accordance with the policies and regulations of the Board and applicable federal and state statutes and regulations.

Code 1950, §§ 14-22, 37-53; 1950, p. 902; 1964, c. 386, § 14.1-16; 1968, c. 477, § 37.1-39; 1972, c. 639; 1976, c. 671; 1980, c. 582; 1998, c. 872; 2005, c. 716; 2009, cc. 813, 840.

Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 3 (DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES)
§ 37.2-301. Appointment of Commissioner.
The Commissioner shall be appointed by the Governor, subject to confirmation by the General Assembly, if in session when the appointment is made or, if not in session, at its next session.

Code 1950, § 37-54; 1968, c. 477, § 37.1-40; 1976, c. 671; 2005, c. 716.

Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 3 (DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES)
§ 37.2-302. Term of office and vacancy therein.
The Commissioner shall hold office at the pleasure of the Governor for a term coincident with that of the Governor making the appointment or until his successor shall be appointed and qualified. Vacancies shall be filled in the same manner as original appointments are made.

Code 1950, § 37-55; 1968, c. 477, § 37.1-41; 2005, c. 716.

Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 3 (DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES)
§ 37.2-303. Qualifications of Commissioner.
The Commissioner shall be a person of proven executive and administrative ability and shall have had appropriate education and substantial experience in the fields of mental health, developmental, or substance abuse services.

Code 1950, § 37-56; 1968, c. 477, § 37.1-42; 1976, c. 671; 1980, c. 582; 2005, c. 716; 2012, cc. 476, 507.
Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 3 (DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES)
§ 37.2-305. Receiving gifts and endowments.
The Commissioner may receive gifts, bequests, and endowments to or for state facilities in their names or to or for any individual receiving services in state facilities. When gifts, bequests, and endowments are accepted by the Commissioner, he shall well and faithfully administer such trusts.

Code 1950, § 37-37; 1960, c. 134; 1968, c. 477, § 37.1-22; 1976, c. 671; 1980, c. 582; 2005, c. 716; 2012, cc. 476, 507.

Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 3 (DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES)
§ 37.2-306. Research into causes of mental illness, developmental disabilities, substance abuse, and related subjects.
The Commissioner is hereby directed to promote research into the causes of mental illness, developmental disabilities, and substance abuse throughout the Commonwealth. The Commissioner shall encourage the directors of the state facilities and their staffs in the investigation of all subjects relating to mental illness, developmental disabilities, and substance abuse. In these research programs, the Commissioner shall make use, insofar as practicable, of the services and facilities of medical schools and the hospitals allied with them.

Code 1950, §§ 37-14, 37-38.1; 1950, p. 900; 1958, c. 610; 1968, c. 477, § 37.1-24; 1972, c. 639; 1976, c. 671; 1980, c. 582; 2005, c. 716; 2012, cc. 476, 507; 2017, c. 458.

Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 3 (DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES)
§ 37.2-307. Employment of special counsel to defend Board member, officer, or employee of Department in criminal cases.
If the Commissioner, any Board member, or any officer or employee of the Department is arrested, indicted, or otherwise prosecuted on any charge arising out of any act committed in the discharge of his official duties, the Commissioner may employ special counsel, to be approved by the Attorney General, to defend the person. The compensation for the special counsel employed pursuant to this section shall, subject to approval of the Attorney General, be paid out of funds appropriated to the Department.

Code 1950, § 37-16.2; 1966, c. 371; 1968, c. 477, § 37.1-38; 1976, c. 671; 2005, c. 716.
Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 3 (DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES)
§ 37.2-308. Data reporting on children and adolescents.
A. The Department shall collect and compile the following data:

1. The total number of licensed mental health inpatient psychiatric beds for children and adolescents; and

2. The total number of licensed psychiatric residential treatment facility beds for children and adolescents.

B. The Department shall report this data on a quarterly basis to the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations and to the Virginia Commission on Youth.

2002, cc. 585, 619, § 37.1-189.3; 2005, c. 716; 2008, c. 277; 2022, c. 264; 2023, c. 373.

Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 3 (DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES)
§ 37.2-308.01. Commitment hearings for involuntary admissions; data sharing.
Notwithstanding the provisions of §§ 16.1-305 and 37.2-818, at the request of the Department and as provided in this section, the Office of the Executive Secretary of the Supreme Court shall provide to the Department electronic data, including individually identifiable information, on the proceedings provided for in Article 16 (§ 16.1-335 et seq.) of Chapter 11 of Title 16.1 and Chapter 8 (§ 37.2-800 et seq.). For the purposes of this section, "individually identifiable information" shall include the name and date of birth of the individual who is the subject of the proceeding and the last four digits of the individual's social security number.

Electronic data collected by the Department pursuant to this section may be used by the Department for the purposes of developing and maintaining statistical archives, conducting research on the outcome of proceedings provided for in Article 16 (§ 16.1-335 et seq.) of Chapter 11 of Title 16.1 and Chapter 8 (§ 37.2-800 et seq.), and preparing analyses and reports for use by the Department.

The Department shall take all necessary steps to protect the security and privacy of the electronic data to the same extent required by state and federal law and regulations governing health information privacy. Such electronic data shall not be subject to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).

2017, cc. 188, 719.
Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 3 (DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES)
§ 37.2-309. Department responsible for substance abuse services; office established; qualifications of staff.
The Department shall be responsible for the administration, planning, and regulation of substance abuse services in the Commonwealth. The Commissioner shall establish an Office of Substance Abuse Services and employ a director and staff who shall have knowledge and experience in the field of substance abuse to carry out this responsibility. Each substance abuse treatment program shall provide data, statistics, schedules, and information that may be reasonably required to the Department.

1976, cc. 739, 767, §§ 37.1-204, 37.1-219; 1980, c. 582; 1998, c. 724; 2005, c. 716.
Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 3 (DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES)
§ 37.2-311. Review of applications for state or federal funds or services used in substance abuse programs.
A. No state agency that is authorized to issue final approval or disapproval of or to make a final review and comment on any application for state funds or services that are to be used in a substance abuse program shall take final action on an application until the application is first reviewed and commented on by the Department to determine its compatibility with the comprehensive interagency state plan for substance abuse services, and thereafter the review and comment by the Department shall remain a part of the application documents.

B. Every applicant for any state funds, services, loans, grants-in-aid, or matching funds that are to be used in connection with any substance abuse program shall submit a copy of the application for those funds, services, loans, grants-in-aid, or matching funds to the Department for review and comment simultaneously with submission of the application to the funding source.

C. The Department shall review and comment on each application within 45 days after receiving the application or in accordance with the requirements of the funding source.

D. Every applicant for any federal funds that are to be used in connection with any substance abuse program shall submit a summary of the application for those funds to the Department for review and comment simultaneously with submission of the application to the funding source. If the application is approved, the applicant shall then provide the Department with a complete copy of the application as funded within 45 days of receiving official notification of funding.

E. Each state agency requesting an appropriation or a change in an existing appropriation from the General Assembly for substance abuse programs shall submit the request to the Department for review and comment to determine its compatibility with the comprehensive interagency state plan for substance abuse services and shall supply the Department with all relevant information, including a full report on funds expended pursuant to prior appropriations. The Department shall provide the Governor and the General Assembly with its assessment of each request by a state agency for an appropriation or a change in an existing appropriation.

1976, c. 767, § 37.1-206; 1980, c. 582; 1998, c. 724; 2005, c. 716; 2008, c. 83.
Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 3 (DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES)
§ 37.2-311.2. Powers and duties of crisis call center.
A. The crisis call center established by the Department pursuant to § 37.2-311.1 shall provide crisis intervention services and crisis care coordination to individuals accessing the NSPL from any jurisdiction in the Commonwealth 24 hours a day, seven days a week.

B. In administering the crisis call center, the Department shall:

1. Apply for participation in and enter into an agreement with the NSPL Administrator for participation within the NSPL;

2. Meet NSPL requirements and best practices guidelines for operational and clinical standards;

3. Report, provide data, and participate in evaluations and related quality improvement activities as required by the NSPL Administrator;

4. Use technology, including chat and text, that is interoperable across crisis and emergency response systems used throughout the Commonwealth and that is consistent with any standards promulgated by the NSPL Administrator;

5. Deploy crisis and outgoing services, including mobile crisis teams and community care teams;

6. Coordinate access to the comprehensive crisis system or other local resources as appropriate and according to guidelines and best practices established by the NSPL Administrator;

7. Actively collaborate with local community service boards to coordinate linkages for persons contacting the NSPL with ongoing care needs;

8. Establish formal agreements with local community services boards as it deems appropriate;

9. Coordinate access to the comprehensive crisis system for individuals accessing the NSPL through appropriate information sharing regarding availability of services;

10. Work with the NSPL Administrator and VCL networks to establish consistency of public messaging about services provided by the NSPL;

11. Meet any requirements set forth by the NSPL Administrator for serving high-risk and specialized populations as identified by SAMHSA, including any policies and training requirements for providing linguistically and cultural competent care and, if appropriate, transferring such callers to an appropriate specialized center or subnetwork within or external to the NSPL network;

12. Provide follow-up services to individuals who access the NSPL consistent with guidance and policies established by the NSPL;

13. Report any information required by the U.S. Federal Communications Commission, including information regarding the collection and expenditure by the Commonwealth of state and federal funds for the purposes of administering the call center, and regarding the use of the NSPL through the crisis call center;

14. Establish any work group or task force as necessary to administer the provisions of this section and §§ 37.2-311.1 and 37.2-311.3; and

15. Comply with any applicable requirements, including associated deadlines, of the National Suicide Hotline Designation Act of 2020, P.L. 116-172.

2021, Sp. Sess. I, c. 248.
Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 3 (DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES)
§ 37.2-311.3. Standards for community care teams and mobile crisis teams.
The Department shall ensure that mobile crisis teams and community care teams:

1. Are designed in partnership with community members, including people with lived experience utilizing crisis services;

2. Are staffed by personnel who reflect the demographics of the community served;

3. To the extent permitted by law, collect customer service data from individuals served, including demographic information and any information recommended by SAMHSA; and

4. Collaborate with local law-enforcement agencies in use of the crisis call center.

2021, Sp. Sess. I, c. 248.

Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 3 (DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES)
§ 37.2-311.4. Crisis Call Center Fund.
There is hereby created in the state treasury a special nonreverting fund to be known as the Crisis Call Center Fund. The Fund shall be established on the books of the Comptroller. All revenues accruing to the Fund pursuant to § 37.2-311.5, all funds appropriated to the Fund, and any gifts, donations, grants, bequests, and other funds received on the Fund's behalf shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes of establishing and administering the crisis call center pursuant to the provisions of §§ 37.2-311.1, 37.2-311.2, and 37.2-311.3. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Commissioner.

2021, Sp. Sess. I, c. 248.
Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 3 (DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES)
§ 37.2-311.5. Collection of 988 charges.
A. 1. Each dealer, as defined in § 56-484.17:1, shall collect a prepaid wireless 988 charge of $0.08 from the end user, as defined in § 56-484.17:1, with respect to each retail transaction, as defined in § 56-484.17:1, occurring in the Commonwealth. A dealer may combine the tax imposed by this subdivision and the prepaid wireless E-911 charge imposed by subsection B of § 56-484.17:1 into a combined charge collected on a retail transaction and remitted to the Department of Taxation. If the dealer elects to combine the charges, the combined charge shall be identified as "911/988 Charge" on the invoice, receipt, or other similar document that is provided to the end user by the dealer or otherwise disclosed by the dealer to the end user. If a dealer collects a combined charge, the dealer shall report to the Department of Taxation, pursuant to forms and procedures prescribed by the Tax Commissioner, the respective amounts that are attributable to the prepaid wireless 988 charge imposed under this subdivision and the prepaid wireless E-911 charge imposed by subsection B of § 56-484.17:1.

2. Each CMRS provider, as defined in § 56-484.12, and each reseller of CMRS, as defined in § 56-484.12, shall collect a monthly postpaid wireless 988 charge of $0.12 from each of its customers whose place of primary use, as defined in § 56-484.12, is within the Commonwealth. The charge shall be billed with respect to customers of postpaid CMRS, as defined in § 56-484.12, by each CMRS provider and reseller of CMRS on each CMRS device capable of two-way interactive voice communication. A CMRS provider or reseller of CMRS may combine the tax imposed by this subdivision and the monthly wireless E-911 surcharge imposed by subsection B of § 56-484.17 into a combined charge to be collected from the customer. If a CMRS provider or reseller of CMRS elects to combine the charges, the combined charge shall be identified to the customer as the "911/988 Charge" through regular periodic billing. If a CMRS provider or reseller of CMRS collects a combined charge, such CMRS provider of reseller of CMRS shall report to the Department of Taxation, pursuant to forms and procedures prescribed by the Tax Commissioner, the respective amounts that are attributable to the monthly postpaid wireless 988 charge imposed under this subdivision and the monthly wireless E-911 surcharge imposed by subsection B of § 56-484.17.

B. The charges imposed under this section shall be collected by the Department of Taxation and shall be subject to the provisions of Article 7 (§ 56-484.12 et seq.) of Chapter 15 of Title 56, mutatis mutandis, except that all revenues from the prepaid wireless 988 charge imposed under subdivision A 1 and from the monthly postpaid wireless 988 charge imposed under subdivision A 2 shall accrue to the Fund and shall be used for the purposes identified in § 37.2-311.4.

2021, Sp. Sess. I, c. 248.
Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 3 (DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES)
§ 37.2-311.6. Liability for emergency calls to the National Suicide Prevention Lifeline.
A. Any originating service provider, as defined in § 56-484.12, and its employees and agents shall not be liable to any person for damages incurred as a result of any act or omission by it, except gross negligence or intentional, willful, or wanton misconduct, in connection with an emergency call, as defined in § 56-484.19, to the NSPL or the crisis call center.

B. Any originating service provider, as defined in § 56-484.12 and its employees and agents shall not be liable to any person for damages incurred as a result of any release of information not in the public record to the NSPL, to the crisis call center, to any employee or agent of the NSPL or the crisis call center, or to emergency responders, as defined in § 56-484.19, if such release of information occurred in connection with an emergency call, as defined in § 56-484.19 to the NSPL or the crisis call center.

2021, Sp. Sess. I, c. 248.
Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 3 (DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES)
§ 37.2-312. Department responsible for education and training programs.
The Department shall be responsible for providing for education and training of school-age individuals in state facilities. The Board of Education shall supervise the education and training provided to school-age individuals in training centers, and shall provide for and direct the education for school-age individuals in state hospitals in cooperation with the Department. In discharging this responsibility, the Department shall exercise leadership by: (i) coordinating actions with the Department of Education and state facilities to ensure consistency between treatment and educational priorities in the policy and implementation of direct services for school-age individuals in state facilities; (ii) ensuring that comparable resources especially in career and technical education, appropriate to the students' disabilities and needs, are available in all state facilities; (iii) monitoring the quality of the instruction provided to all school-age individuals in state facilities; (iv) requiring state facility directors to evaluate the performance of the education directors pursuant to guidelines developed in cooperation with the Board of Education; (v) developing and implementing, in cooperation with the Department of Education, programs to ensure that the educational and treatment needs of children with dual diagnoses in state facilities are met; (vi) taking an active role with the Department of Education to evaluate the effectiveness of prevalent educational models in state facilities; and (vii) designing a mechanism for maintaining constant direct contact and the sharing of ideas, approaches, and innovations between the education directors and teachers whether they are employees of local school divisions or of the Commonwealth who are educating school-age individuals in state facilities.

1985, c. 207, § 37.1-10.01; 2001, c. 483; 2005, c. 716; 2012, cc. 476, 507.
Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 3 (DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES)
§ 37.2-312.1. Department to be lead agency for suicide prevention across the lifespan.
A. With such funds as may be appropriated for this purpose, the Department, in consultation with community services boards and behavioral health authorities, the Department of Health, local departments of health, and the Department for Aging and Rehabilitative Services, shall have the lead responsibility for the suicide prevention across the lifespan program. The Department shall coordinate the activities of the agencies of the Commonwealth pertaining to suicide prevention in order to develop and carry out a comprehensive suicide prevention plan addressing public awareness, the promotion of health development, early identification, intervention and treatment, and support to survivors. The Department shall cooperate with federal, state, and local agencies, private and public agencies, survivor groups, and other interested persons to prevent suicide.

B. The Commissioner shall report annually by December 1 to the Governor and the General Assembly on the Department's activities related to suicide prevention across the lifespan.

2005, cc. 336, 434, 716, § 37.1-24.001; 2012, cc. 803, 835; 2018, c. 370.
Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 3 (DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES)
§ 37.2-312.2. Commonwealth Mental Health First Aid Program.
A. For the purposes of this section, "certified trainer" means a person who has successfully completed a Mental Health First Aid instructor training program offered by the national authorities of Mental Health First Aid USA or the Commonwealth Mental Health First Aid Program and obtained a certification as an instructor of Mental Health First Aid.

B. The Department shall establish and administer the Commonwealth Mental Health First Aid Program (the Program) to provide training by certified trainers of individuals residing or working in the Commonwealth on how to identify and assist individuals who have or may be developing a mental health or substance use disorder or who may be experiencing a mental health or substance abuse crisis. Such program shall include training on:

1. Building mental health and substance abuse literacy designed to help the public identify, understand, and respond to the signs of mental illness and substance abuse;

2. Assisting individuals who have or may be developing a mental health or substance use disorder or who may be experiencing a mental health or substance abuse crisis by (i) recognizing the symptoms of a mental health or substance use disorder; (ii) providing initial assistance to those experiencing a mental health crisis; (iii) guiding individuals requiring assistance, including individuals who may be experiencing a mental health or substance abuse crisis, toward appropriate professional assistance; (iv) providing comfort to an individual experiencing a mental health or substance abuse crisis; (v) helping an individual with a mental health or substance use disorder avoid a mental health or substance abuse crisis that may lead to more costly interventions and treatments; and (vi) promoting healing, recovery, and good mental health.

C. The Department shall ensure that evaluative criteria are established to measure the effectiveness of the Program, including fidelity of the Program and training provided thereunder to the objectives set forth in subsection B.

D. Neither the Department nor any other agency of the Commonwealth shall incur any liability by reason of (i) any action taken by an employer or other person on the basis of information or materials provided through the Program or (ii) any workplace violence that occurs, regardless of whether the workplace at which an episode of workplace violence occurs had received information or materials provided through the Program.

2016, c. 407.
Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 3 (DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES)
§ 37.2-313. Employment of unlicensed physician by Department.
Unless a physician is licensed by the Commonwealth or is in an internship or residency program approved by the Commissioner, he shall not be employed by the Department for the practice of any of the healing arts or to provide services under the supervision of the Commissioner.

1974, c. 661, § 37.1-20.1; 1976, c. 671; 1980, c. 582; 2005, c. 716.

Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 3 (DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES)
§ 37.2-313.1. Licensed physician required at certain training centers.
The Department of Behavioral Health and Developmental Services shall require a licensed physician to be on duty at all times for any certified skilled nursing beds in any state training center as defined in § 37.2-100.

2010, c. 355.
Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 3 (DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES)
§ 37.2-314.2. Problem Gambling Treatment and Support Fund.
A. As used in this section:

"Compulsive gambling" means persistent and recurrent problem gambling behavior leading to clinically significant impairment or distress, as indicated by an individual exhibiting four or more of the criteria as defined by the Diagnostic Statistical Manual of Mental Disorders in a 12-month period and where the behavior is not better explained by a manic episode.

"Problem gambling" means a gambling behavior that causes disruptions in any major area of life, including the psychological, social, or vocational areas of life, but does not fulfill the criteria for diagnosis as a gambling disorder.

B. There is hereby created in the state treasury a special nonreverting fund to be known as the Problem Gambling Treatment and Support Fund, referred to in this section as "the Fund." The Fund shall be established on the books of the Comptroller. All revenue accruing to the Fund pursuant to subsection A of § 58.1-4038 and moneys required to be deposited into the Fund pursuant to Chapter 41 (§ 58.1-4100 et seq.) of Title 58.1 shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes of (i) providing counseling and other support services for compulsive and problem gamblers, (ii) developing and implementing compulsive and problem gambling treatment and prevention programs, and (iii) providing grants to support organizations that provide assistance to compulsive and problem gamblers. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Commissioner.

2020, cc. 1197, 1218, 1248, 1256, § 37.2-314.1.
Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 3 (DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES)
§ 37.2-315. Repealed.
Repealed by Acts 2022, c. 264, cl. 2.
Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 3 (DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES)
§ 37.2-317. Definitions.
As used in this article, unless the context requires a different meaning:

"Assets" means the buildings and land of state facilities operated by the Department.

"Fund" means the Behavioral Health and Developmental Services Trust Fund.

"Net proceeds" means the gross amount received by the seller on account of the sale of any assets (i) less costs incurred on behalf of the seller in connection with such sale and (ii), if after the sale the sold assets will be used by an entity other than a state agency or instrumentality or a local governmental entity in a governmental activity and debt obligations financed any portion of the sold assets and any amount of such obligations is outstanding at the time of the sale, less the amount necessary to provide for the payment or redemption of the portion of such outstanding obligations that financed the sold assets, which amount shall be used to pay or redeem such obligations or shall be transferred to the third party issuer of the obligations for a use permitted in accordance with such obligations.

2000, cc. 569, 606, § 2.1-812; 2001, c. 844, § 37.1-258; 2002, c. 803; 2005, c. 716; 2009, cc. 813, 840.

Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 3 (DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES)
§ 37.2-318. Behavioral Health and Developmental Services Trust Fund established; purpose.
There is hereby created in the state treasury a special nonreverting fund to be known as the Behavioral Health and Developmental Services Trust Fund to enhance and ensure for the coming years the quality of care and treatment provided to individuals receiving public mental health, developmental, and substance abuse services. The Fund shall be established on the books of the Comptroller. Notwithstanding the provisions of § 2.2-1156, the Fund shall consist of the net proceeds of the sale of vacant buildings and land held by the Department. The Fund shall also consist of such moneys as shall be appropriated by the General Assembly and any private donations. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes set forth in this article. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Commissioner.

2000, cc. 569, 606, § 2.1-813; 2001, c. 844, § 37.1-259; 2005, c. 716; 2009, cc. 813, 840; 2012, cc. 476, 507.
Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 3 (DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES)
§ 37.2-319. Administration of Behavioral Health and Developmental Services Trust Fund.
A. The Fund shall be administered by the Commissioner. Moneys in the Fund shall be used for mental health, developmental, or substance abuse services and to facilitate transition of individuals with intellectual disability from state training centers to community-based services. Notwithstanding any other provision of law, the net proceeds from the sale of any vacant buildings and land shall first be used to (i) deliver mental health, developmental, and substance abuse services within the same service area where the sold buildings and land were located to ensure the same level of mental health, developmental, and substance abuse services as before the sale and (ii) provide benefits pursuant to the Workforce Transition Act of 1995 (§ 2.2-3200 et seq.) to those persons who were employees of the Commonwealth and, as a result of the sale, are no longer employed by the Commonwealth or are otherwise negatively affected by the sale.

B. For each fiscal year starting with the Commonwealth's 2011-2012 fiscal year, any funds directed to be deposited into the Fund pursuant to the general appropriation act shall be appropriated for financing (i) a broad array of community-based services including but not limited to Intellectual Disability Home and Community Based Waiver services or (ii) appropriate community housing, for the purpose of transitioning individuals with intellectual disability from state training centers to community-based care.

2000, cc. 569, 606, § 2.1-814; 2001, c. 844, § 37.1-260; 2005, c. 716; 2009, cc. 813, 840; 2011, cc. 724, 729; 2012, cc. 476, 507.
Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 4 (Protection of Consumers)
§ 37.2-401. Authorized representative prohibition.
No employee of the Department, a state hospital or training center, a community services board or behavioral health authority, a community services board or behavioral health authority contractor, or any other public or private program or facility licensed or funded by the Department shall serve as an authorized representative for an individual receiving services in any state hospital or training center, community services board or behavioral health authority, community services board or behavioral health authority contractor, or other licensed or funded public or private program or facility, unless the employee is a relative or legal guardian of the individual receiving services.

1974, c. 335, § 37.1-84.1; 1976, c. 671; 1989, cc. 459, 591; 1992, c. 603; 1999, c. 969; 2005, c. 716; 2012, cc. 476, 507.

Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 4 (Protection of Consumers)
§ 37.2-402. Board to establish regulations regarding human research.
The Board shall adopt regulations pursuant to the Administrative Process Act (§ 2.2-4000 et seq.) to implement the provisions of Chapter 5.1 (§ 32.1-162.16 et seq.) of Title 32.1 for human research, as defined in § 32.1-162.16, to be conducted or authorized by the Department, any community services board or behavioral health authority, or any other facility or program operated, funded, or licensed by the Department. The regulations shall require the human research committee to submit to the Governor, the General Assembly, and the Commissioner or his designee at least annually a report on the human research projects reviewed and approved by the committee and shall require the committee to report any significant deviations from the proposals as approved.

1979, c. 38, § 37.1-238; 1992, c. 603, § 37.1-24.01; 2005, c. 716.
Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 4 (Protection of Consumers)
§ 37.2-404. Authority of Commissioner to grant licenses.
The Commissioner, subject to regulations adopted by the Board, may license any suitable provider to establish, maintain and operate, or have charge of any service.

1980, c. 582, § 37.1-179.1; 2001, cc. 486, 506; 2002, c. 56; 2005, c. 716.

Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 4 (Protection of Consumers)
§ 37.2-405. License required; exception; license not transferable; operation of existing services; persons not to be admitted, etc., to unlicensed providers.
A. No provider shall establish, conduct, maintain, or operate or continue to operate in the Commonwealth any service, without being licensed under this article, except where the provider is exempt from licensing.

B. No license issued under this article shall be assignable or transferable.

C. No person shall be admitted, placed, treated, maintained, housed, or otherwise kept, voluntarily or involuntarily, by any provider required to be licensed by subsection A, unless and until the provider is licensed by the Commissioner.

1971, Ex. Sess., c. 181, § 37.1-183.1; 1976, c. 671; 1977, c. 346; 1980, c. 582; 2001, cc. 486, 506; 2005, c. 716.

Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 4 (Protection of Consumers)
§ 37.2-405.1. Certain provider information on website.
The Department of Behavioral Health and Developmental Services shall list licensed providers included on the website of the Department's Office of Licensing by the assumed or fictitious name under which the provider is doing business in the Commonwealth. Within the file of that record following the name under which the provider does business in the Commonwealth, the record shall also include any other Virginia corporate name of the provider, if different from the assumed or fictitious name under which the provider is doing business.

2013, c. 451.
Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 4 (Protection of Consumers)
§ 37.2-405.2. Certain information required of applicants to operate a licensed service.
A. Every applicant for licensure to establish, conduct, maintain, or operate or continue to operate a licensed service in the Commonwealth shall submit, together with an application for licensure:

1. A working budget showing projected revenue and expenses for the first year of operation, including a revenue plan;

2. Documentation of working capital to include (i) documentation of funds or a line of credit in the name of the applicant or owner sufficient to cover at least 90 days of operating expenses if the provider is a corporation, an unincorporated organization or association, a sole proprietor, or a partnership or (ii) appropriated revenue if the provider is a state or local government agency, board, or commission;

3. Documentation of authority to conduct business in the Commonwealth;

4. A statement of (i) the legal name of the applicant and, if the applicant is an association, partnership, limited liability company, or corporation, the names and addresses of its officers, agents, sponsors, partners, shareholders, or members and (ii) the legal name under which the applicant, any entity that operates group homes that is affiliated with or under common ownership or control with the applicant, and any entity that operates group homes and that is affiliated with or under common ownership or control with any officer, agent, sponsor, partner, shareholder or member of the applicant to which a license to operate a service has been issued in any other state, together with a list of the states in which such licenses have been issued and the dates for which such licenses were issued;

5. A statement of any previous revocation, suspensions, or sanction comparable to those set forth in § 37.2-419 against any license to operate a service issued to the applicant or any entity affiliated with the applicant in any other state, including the dates and descriptions of such disciplinary actions or sanctions;

6. A description of the specific services to be offered by the applicant including such elements as may be specified by the Department in regulations;

7. A staffing plan, including information regarding employee credentials and job descriptions, containing such elements as may be specified by the Department in regulations;

8. Operating policies that contain such elements as may be specified by the Department in regulations; and

9. Any additional documentation as may be required by the Department.

B. The Commissioner may refuse to grant a license to any application who fails or refuses to provide any information required to be submitted pursuant to subsection A.

2020, c. 723.
Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 4 (Protection of Consumers)
§ 37.2-406. Conditions for initial licensure of certain providers.
A. No provider shall be required to conduct, maintain, or operate services for the treatment of persons with opiate addiction through the use of (i) methadone or (ii) opioid replacements other than opioid replacements approved for the treatment of opioid addiction by the U.S. Food and Drug Administration on Sunday, except when such service is provided by a hospital licensed by the Board of Health or the Commissioner or is owned or operated by an agency of the Commonwealth, subject to regulations or guidelines issued by the Department consistent with the health, safety and welfare of individuals receiving services and the security of take-home doses of (a) methadone or (b) opioid replacements other than opioid replacements approved for the treatment of opioid addiction by the U.S. Food and Drug Administration.

B. Upon receiving notice of a proposal for or an application to obtain an initial license from a provider of treatment for persons with opiate addiction through the use of (i) methadone or (ii) opioid replacements other than opioid replacements approved for the treatment of opioid addiction by the U.S. Food and Drug Administration, the Commissioner shall, within 15 days of the receipt, notify the local governing body of and the community services board serving the jurisdiction in which the facility is to be located of the proposal or application and the facility's proposed location.

Within 30 days of the date of the notice, the local governing body and community services board shall submit to the Commissioner comments on the proposal or application. The local governing body shall notify the Commissioner within 30 days of the date of the notice concerning the compliance of the applicant with any applicable local ordinances.

C. No license shall be issued by the Commissioner to the provider until the conditions of this section, including those related to receipt of comments provided by the local governing body and community services board and determination of compliance with local ordinances by the local governing body, have been met.

2004, cc. 823, 845, § 37.1-179.2; 2005, c. 716; 2007, c. 513; 2012, cc. 476, 507; 2014, cc. 173, 415; 2016, c. 480; 2018, cc. 187, 816; 2022, cc. 512, 513.

Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 4 (Protection of Consumers)
§ 37.2-407. Regulations for treatment of pregnant women with substance abuse.
The Board shall adopt regulations that ensure that providers licensed to offer substance abuse services develop policies and procedures for the timely and appropriate treatment of pregnant women with substance abuse.

1992, c. 428, § 37.1-182.1; 2001, cc. 486, 506; 2005, c. 716.
Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 4 (Protection of Consumers)
§ 37.2-409. Intermediate care facilities for individuals with intellectual disability.
The Board may adopt regulations specifying the maximum number of individuals to be served by any intermediate care facility for individuals with intellectual disability (ICF/IID).

2001, cc. 486, 506, § 37.1-189.2; 2005, c. 716; 2012, cc. 476, 507; 2017, c. 458.

Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 4 (Protection of Consumers)
§ 37.2-410. Expiration of license; renewal; license fees.
Full licenses granted under this article may be issued for a period of one year or three successive years from the date of issuance and may be renewed by the Commissioner. The Commissioner shall issue a triennial license to a provider that has demonstrated full compliance with all applicable regulations of the Board related to health and safety of individuals receiving services during the previous licensing period and has demonstrated consistent compliance with all regulations of the Board during the previous 12-month period and the provider has taken steps satisfactory to the Department to prevent future violations and maintain full compliance with all applicable regulations during the three-year period. The Board may fix a reasonable fee for each license so issued and for any renewal thereof. All funds received by the Department under this article shall be paid into the general fund in the state treasury.

Code 1950, § 37-256; 1968, c. 477, § 37.1-181; 1976, c. 671; 1980, c. 582; 1983, c. 67; 1992, c. 666; 2001, cc. 486, 506; 2005, c. 716; 2014, c. 497.
Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 4 (Protection of Consumers)
§ 37.2-411. Inspections.
All services provided or delivered under any license shall be subject to review or inspection at any reasonable time by any authorized inspector or agent of the Department. The Commissioner or his authorized agents shall inspect all licensed providers and shall have access at all reasonable times to all services and records, including medical records. Records that are confidential under federal or state law shall be maintained as confidential by the Department and shall not be further disclosed except as permitted by law; however, there shall be no right of access to communications that are privileged pursuant to § 8.01-581.17. The Commissioner shall call upon other state or local departments to assist in the inspections and those departments shall render an inspection report to the Commissioner. After receipt of all inspection reports, the Commissioner shall make the final determination with respect to the condition of the service so reviewed or inspected. The Commissioner or his authorized agents shall make at least one annual unannounced inspection of each service offered by each licensed provider. Inspections shall be focused on preventing specific risks to individuals receiving services, including an evaluation of the physical facilities in which the services are provided. In addition, the Commissioner shall promptly investigate all complaints. The Board may adopt and the Commissioner shall enforce reasonable regulations that may be necessary or proper to carry out the general purposes of this article.

Code 1950, § 37-257; 1968, c. 477, § 37.1-182; 1980, c. 582; 1992, c. 666; 2001, cc. 486, 506; 2005, c. 716; 2012, cc. 476, 507.

Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 4 (Protection of Consumers)
§ 37.2-412. Human rights review.
Licensing pursuant to this article shall be contingent upon substantial compliance with § 37.2-400 and acceptable implementation of the human rights regulations adopted pursuant thereto, as determined by periodic human rights reviews performed by the Department. Such reviews shall be conducted as part of the Department's licensing reviews or, at the Department's discretion, whenever human rights issues arise.

1999, c. 969, § 37.1-182.3; 2001, cc. 486, 506; 2005, c. 716.

Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 4 (Protection of Consumers)
§ 37.2-413. Necessity for supervision by licensed provider.
No person shall maintain or operate any service unless such service is under the direct supervision of a provider licensed under this article.

Code 1950, § 37-258; 1950, p. 936; 1968, c. 477, § 37.1-184; 1976, c. 671; 1979, c. 54; 2001, cc. 486, 506; 2005, c. 716.