Virginia SB 836: Problem Gambling Treatment and Support Advisory Committee; established.

Bill Text

VIRGINIAACTSOFASSEMBLY--2023SESSION
CHAPTER589
An Act to amend and reenact §§ 37.2-304, 58.1-4006, and 59.1-369 of the Code of Virginia, relating to
Department of Behavioral Health and Developmental Services; Problem Gambling Treatment and
Support Advisory Committee established.
[S836]
ApprovedMarch26,2023
Be it enacted by the General Assembly of Virginia:
1. That §§ 37.2-304, 58.1-4006, and 59.1-369 of the Code of Virginia are amended and reenacted as
follows:
§37.2-304. Duties of Commissioner.
The Commissioner shall be the chief executive officer of the Department and shall have the
following duties and powers:
1. To supervise and manage the Department and its state facilities.
2. To employ the personnel required to carry out the purposes of this title.
3. To make and enter into all contracts and agreements necessary or incidental to the performance of
the Department's duties and the execution of its powers under this title, including contracts with the
United States, other states, and agencies and governmental subdivisions of the Commonwealth,
consistent with policies and regulations of the Board and applicable federal and state statutes and
regulations.
4. To accept, hold, and enjoy gifts, donations, and bequests on behalf of the Department from the
United States government, agencies and instrumentalities thereof, and any other source, subject to the
approval of the Governor. To these ends, the Commissioner shall have the power to comply with
conditions and execute agreements that may be necessary, convenient, or desirable, consistent with
policies and regulations of the Board.
5. To accept, execute, and administer any trust in which the Department may have an interest, under
the terms of the instruments creating the trust, subject to the approval of the Governor.
6. To transfer between state hospitals and training centers school-age individuals who have been
identified as appropriate to be placed in public school programs and to negotiate with other school
divisions for placements in order to ameliorate the impact on those school divisions located in a
jurisdiction in which a state hospital or training center is located.
7. To provide to the Director of the Commonwealth's designated protection and advocacy system,
established pursuant to § 51.5-39.13, a written report setting forth the known facts of (i) critical
incidents, as that term is defined in § 37.2-709.1, or deaths of individuals receiving services in facilities,
within 15 working days of such critical incident or death; (ii) serious incidents and deaths that are
required to be reported to the Department through its incident reporting system, as required by
regulations adopted by the Board pursuant to Chapter 4 (§ 37.2-400 et seq.), within 15 working days of
the date the report is received; and (iii) allegations of abuse or neglect that are required to be reported
pursuant to regulations adopted by the Board pursuant to Chapter 4 (§ 37.2-400 et seq.), within five
working days of the date on which the director's final decision on the allegation is reported to the
Department.
8. To work with the appropriate state and federal entities to ensure that any individual who has
received services in a state facility for more than one year has possession of or receives prior to
discharge any of the following documents, when they are needed to obtain the services contained in his
discharge plan: a Department of Motor Vehicles approved identification card that will expire 90 days
from issuance, a copy of his birth certificate if the individual was born in the Commonwealth, or a
social security card from the Social Security Administration. State facility directors, as part of their
responsibilities pursuant to §37.2-837, shall implement this provision when discharging individuals.
9. To work with the Department of Veterans Services and the Department for Aging and
Rehabilitative Services to establish a program for mental health and rehabilitative services for Virginia
veterans and members of the Virginia National Guard and Virginia residents in the Armed Forces
Reserves not in active federal service and their family members pursuant to §2.2-2001.1.
10. To establish and maintain a pharmaceutical and therapeutics committee composed of
representatives of the Department of Medical Assistance Services, state facilities operated by the
Department, community services boards, at least one health insurance plan, and at least one individual
receiving services to develop a drug formulary for use at all community services boards, state facilities
operated by the Department, and providers licensed by the Department.
11. To establish and maintain the Commonwealth Mental Health First Aid Program pursuant to
§37.2-312.2.

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12. To submit a report for the preceding fiscal year by December 1 of each year to the Governor and
the Chairmen of the House Committee on Appropriations and Senate Committee on Finance and
Appropriations that provides information on the operation of