MHAV’s MID-WEEK ALERT

February 15, 2008

CALL TO ACTION!!!

Now is the time to “cross over” your contacts with legislators.   See the list below to see if a bill has been communicated from its house of origin.  If it has, it is time to contact members on that side about bills.

Because the omnibus bills SB246 and HB 499 were handled so differently it we should encourage our Delegates to support the more reasonable and clear SB246.  Although MHAV may not agree with all aspects of the bill it makes more sense than the convoluted HB499 (see below “From the ED’s Desk”).

FROM THE ED’s DESK

1.Tuesday was “crossover” a normal step in the legislative process where bill pass from their house of origin to the other house or, if not acted on, die.  See our tracking chart to follow bills or see below “Legislative Update” for a quick list of current status of the bills MHAV is tracking.

2.HB 499, dubbed the omnibus bills, is continues to be very confusing. Much of HB 499 is now in HB 559 and bits and pieces in other bills.   However, 559 contains the most significant change to involuntary commitment language. For a complete text of this bill go to  http://leg1.state.va.us/cgi-bin/legp504.exe?es=081&typ=bil&val=hb559&Submit2=Go

3.The “omnibus bill, SB246, from the Senate side has been communicated to the House still in its original omnibus form  MHAV continues to monitor HB499, Sb 246 and now HB559

4. The governor release a revised budget revenue forecast predicting additional short falls in revenue.  At this point it seems that the original requests for “mental health” money is safe but other cuts and reductions will effect healthcare access and other sister programs not unrelated to mental health.  For a full copy of the news release go to: http://www.governor.virginia.gov/Initiatives/Legislation2008/CombinedPlan02-12-08.pdf

IN THE NEWS

Mental health reforms pass Virginia House
Roanoke Times, VA - Feb 12, 2008
By Michael Sluss The House of Delegates this morning passed two major mental health reform bills designed to fix problems exposed by last year’s Virginia ...
Mental health legislation pushes forward Virginia Tech Collegiate Times Online Edition

College students to help meet peers´ mental health needs
Chicago Defender,  United States - Feb 13, 2008
by Erin G. Edwards With college mental health services garnering criticism since the Virginia Tech tragedy, Isabelle Burtan believes local universities have …

Va. Senate Bill Scales Back Mental Health Initiatives
Washington Post, United States - Feb 6, 2008
6 -- The Senate Finance Committee endorsed a bill Wednesday to revise some aspects of Virginia's mental health system but rejected a proposal to give ...

LEGISLATIVE UPDATE

Click here to view the MHAV Legislative Tracking Index.

Bills that did not crossover.

HB 98

Left in Appropriations

MHAV Support

Summary as introduced:
Medicaid eligibility; young adults transitioning from foster care.  Requires the Department of Medical Assistance Services to amend the state plan to provide for the payment of medical assistance, pursuant to The Foster Care Independence Act of 1999, for any individual who (i) was receiving foster care services on his eighteenth birthday, (ii) continues to receive independent living services pursuant to § 63.2-905.1, and (iii) has not yet reached his twenty-first birthday. Such individuals shall not be subject to Medicaid income limits. 

HB 310 

Continued to 2009 session

MHAV Support

Summary as introduced:
Elections; absentee voting. Extends to persons with any disability or illness, rather than only a "physical" disability or illness, the ability to obtain an absentee ballot and provides a definition for "person with a disability." This bill is identical to SB 7.  (SB 7 crossed over th House Privileges and Elections Committee)

HB 365 

Left in Appropriations

MHAV Oppose

Summary as introduced:
Substance abuse screening and assessment of public assistance applicants and recipients. Requires local departments of social services to conduct a screening of all applicants or recipients of public assistance. This bill provides that, where a screening indicates reasonable cause to believe an applicant or recipient is using illegal drugs, the applicant or recipient may be required to submit to drug testing. Where a drug test indicates that the applicant or recipient is using illegal drugs, the person shall become ineligible for public assistance. The person may reapply for public assistance once 12 months have elapsed from the date of initial ineligibility.

HB 480

Tabled in Courts and Justice Committee of House 

MHAV Support

Summary as introduced:
Conditional release; voluntary admission to a state hospital.  Clarifies that voluntary admission to a state hospital shall not solely constitute grounds for revocation of a person's conditional release.

HB 671

Incorporated into HB 1005 (HB 1005 sent to Senate)

MHAV Oppose

Summary as introduced:

Parental notification; student's receipt of mental health treatment. Requires parentalnotification from administrative or instructional personnel and school counselors and psychologists who as a result of direct communication with a student have reason to believe that such student is suicidal or is at risk of harming others. In addition, requires parental notification of a student's receipt of mental health treatment for suicidal tendencies or other behavior indicating that such student may be an imminent danger to others. 

HB 706 

Stricken from Docket

MHAV Oppose

Summary as introduced:
Temporary detention order; transportation to a medical facility for assessment.  Allows a magistrate to issue a temporary detention order, without a face-to-face evaluation, for the purposes of transportation to a medical facility for assessment.

HB 751 

Continued to 2009 session

MHAV Oppose

Summary as introduced:
Involuntary hearing results; accessibility by colleges and universities.  Allows colleges and universities to access the outcome of an involuntary commitment hearing by making a motion to the court.

SB 47 

Left in Education and Health

MHAV Support

Summary as introduced:
Advance directives; mental health.  Allows for mental health advance directives, by following the same procedures as for medical advance directives. A mental health advance directive may set forth procedures or instructions with regard to mental health treatment, including consent to or refusal of mental health treatment.

SB 64 

Left in Education and Health        

MHAV Support

Summary as introduced:
Community services boards; core services.  Adds crisis stabilization, outpatient, respite, in-home, and residential and housing services to the list of core services required to be provided by community services boards.

SJ 7

Continued to 2009 session

MHAV Support

Summary as introduced:
Constitutional amendment (first resolution); restoration of civil rights.  Authorizes the General Assembly to provide by general law for the restoration of civil rights for persons convicted of nonviolent felonies who have completed service of their sentence including any period or condition of probation, parole, or suspension of sentence. The present Constitution provides for restoration of rights by the Governor. The amendment retains the right of the Governor to restore civil rights and adds the alternative for restoration of rights pursuant to general law.

The following Bills are communicated.

House bills communicated  to Senate

HB 366

Unemployment compensation; testing for controlled substances.

MHAV Monitor

Summary as passed House:

Disqualifies an individual from receiving unemployment compensation benefits if he is discharged from employment as a result of a confirmed positive test for a nonprescribed controlled substance conducted in a United States Department of Transportation-qualified drug screen, conducted in accordance with an employer's bona fide drug policy. Currently, an individual is ineligible for unemployment benefits if he fails a drug test conducted in accordance with scientifically recognized standards by a laboratory accredited by the United States Department of Health and Human Services, or the College of American Pathology, or the American Association for Clinical Chemistry, or the equivalent.

HB 475

Department of Veterans Services; mental health and rehabilitative services.

MHAV Support

Summary as passed House                                                                                                                
Requires that the                 Department, in cooperation with the Department of Mental Health, Mental Retardation and Substance Abuse Services and the Department of Rehabilitative Services, shall establish a program to monitor and coordinate mental health and rehabilitative services support for Virginia veterans and members of the Virginia National Guard and Virginia residents in the Armed Forces Reserves not in active federal service.  HB 1064 incorporated into this bill.

HB 707

Temporary custody orders; secure facility.

MHAV Oppose

Summary as passed House:
Provides that a person who is subject to a temporary detention order shall remain in the custody of a law enforcement officer until the person is either detained within a secure facility or custody has been accepted by the appropriate personnel designated by the facility identified in the temporary detention order.

HB 267

Involuntary commitment; enforcement of compliance with outpatient treatment.  

MHAV Monitor

Summary as introduced:                                                                                                   
Allows the judge or special justice when presiding over a civil commitment hearing to consider testimony from close family members as to the respondent's conduct and treatment history. The bill also allows for civil involuntary outpatient commitment for a person whose past commitment history and psychosis diagnosis indicated that when they are not taking their medicine they meet the involuntary commitment standard. The measure provides for the person to be transferred from inpatient to outpatient treatment upon a petition and a supporting affidavit from a psychologist or psychiatrist and allows a judge or special justice to bring a person back before him for a hearing for material noncompliance with an outpatient treatment order.

HB 1005 

: Institutions of higher education; notification of mental health treatment. 

MHAV Oppose

Summary as passed House
Requires the board of visitors or other governing board of any public institution of higher education to establish policies and procedures requiring the notification of a parent of a dependent student when such student receives mental health treatment at the institution's student health or counseling center and it has been determined that there exists  a substantial likelihood that, as a result of mental illness the student will, in the near future, (i) cause serious physical harm to himself or others as evidenced by recent behavior or any other relevant information or (ii) suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs.  This bill incorporates HB 671 (Marshall, R.G.) and HB 1251 (Fralin).

Senate Bills communicated to House

SB 246

MHAV Monitor

Summary as passed Senate                                                                                                               

:Involuntary commitment; establishes new standard for outpatient commitment.

SB67

MHAV Support

Summary as introduced:                                                                                                                   

Parental admission of minors for inpatient treatment; minors incapable of making an informed decision. Provides that minors 14 years of age or older who are incapable of making an informed decision may be admitted to inpatient treatment upon the application of a parent. The bill also defines the term "incapable of making an informed decision."

SB297

MHAV Support

Summary as introduced:                                                                                                   
Veterans Services; mental health program.  Requires the Commissioner of Veterans Services to establish, in cooperation with the Department of Mental Health, Mental Retardation and Substance Abuse Services and the Department of Rehabilitative Services, a comprehensive program to address the unique mental health needs of veterans, including post-traumatic stress disorder and traumatic brain injuries, and seek additional federal, state, and private sources of funding for such program.

ABOUT MHAV

Our Mission

Mental Health America of Virginia, and its fourteen affiliates around Virginia are nonprofit, nonpartisan, advocacy organizations affiliated with the Mental Health America. 

Our mission statement: To promote mental health, develop services to prevent mental illness and assure the proper care and treatment of mentally ill children and adults.

What does MHAV Do? 

MHAV is a thoughtful voice of reason advocating for public and private sector services and financing to ensure adequate and appropriate detection, treatment, housing, and rehabilitation programs. Teaming with consumers, families of consumers, mental health professionals, providers and the public we ensure that the members of the Virginia assemble and members of Virginia’s Congressional delegation are aware of the concerns and needs of people with mental illness.

MHAV educates the public about mental health and mental illness to eliminate the stigma which prevents people from obtaining the help they need.
 
MHAV promotes and provides programs to meet the needs of individuals suffering from mental illness, to improve mental health, and to reduce conditions which impede the attainment of mental health.

Find back issues of Mid Week Alerts on our web page mhav.org

Contact Us:   3212 Cutshaw Ave, Suite 315  * Richmond, VA 23230

804-257-5591