Virginia 2026 Regular Session

Virginia House Bill HB309

Introduced
1/9/26  
Refer
1/9/26  
Report Pass
2/3/26  
Engrossed
2/6/26  
Refer
2/10/26  
Report Pass
3/2/26  
Engrossed
3/4/26  
Engrossed
3/6/26  
Enrolled
3/13/26  
Chaptered
4/13/26  

Caption

An Act to amend and reenact ยงยง 37.2-1104 and 37.2-1106 of the Code of Virginia, relating to temporary detention in hospital for testing, observation, or treatment.

Impact

The amendments delineated in HB309 are legislatively designed to empower healthcare professionals and the legal system to act quickly in circumstances where individuals are deemed incapable of making informed decisions about their healthcare. It enables the temporary detainment of individuals, specifically aimed at those under emergency custody orders, therefore altering existing protocols for managing individuals with urgent mental or physical health needs. This bill is positioned to amend existing state laws surrounding mental health and emergency medical response, which could lead to significant changes in how these cases are handled in practice.

Summary

House Bill 309 introduces amendments to the Code of Virginia relating to the temporary detention of individuals in hospitals for testing, observation, or treatment. The bill allows a court or a magistrate to issue an order for a temporary detention, should it be determined that an individual is unable to give informed consent due to a mental or physical condition, including intoxication. The goal is to facilitate timely medical responses to prevent harm, ensuring they receive necessary observations and treatments promptly within a 24-hour window.

Sentiment

Sentiment surrounding HB309 appears generally supportive, as it aims to provide a structure for emergency medical intervention while balancing patient rights. However, concerns may arise regarding the implications for individual rights and the potential for misuse of temporary detention powers. This balancing act contributes to the legislative discussions, as stakeholders show interest in both protecting public health and maintaining respect for personal autonomy.

Contention

One notable point of contention related to the bill is the duration of detention, which is capped at 24 hours unless extended by a court order. Critics argue this time frame could potentially allow for unjust detention without proper follow-up or review, raising questions about rights and consent. Furthermore, the stipulations regarding notifying family members about detentions may present challenges, especially in urgent situations. The bill seeks to clarify the responsibilities of healthcare providers during the detention, potentially shielding them from liability in cases where consent is deemed unfeasible.

Companion Bills

No companion bills found.

Previously Filed As

VA HB1895

Involuntary temporary detention orders; amends definition of "psychiatric emergency department."

VA SB1094

Involuntary temporary detention orders; amends definition of "psychiatric emergency department."

VA SB819

Community-based outpatient stabilization programs for voluntary treatment; referrals.

VA HB2742

Hospitals; urine drug screening to include testing for fentanyl.

VA HB2230

Emergency custody and involuntary admissions; transfer of custody to facility.

VA SB1168

Health insurance; coverage for acupuncture treatments.

VA SB1260

Hospitals; reports of threats or acts of violence against health care providers.

VA HB2269

Hospitals; reports of threats or acts of violence against health care providers.

VA HB2255

Hospitals and nursing homes; licensure and inspection fees.

VA SB1484

Hospitals and nursing homes; licensure and inspection fees.

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