Panel adopts substitute clarifying custody while a medical TDO is sought

The House subcommittee on behavioral health unanimously adopted a substitute for HB 309 that clarifies who has custody of patients who arrive at emergency departments while a medical temporary detention order (TDO) is being sought.

Sponsor Delegate Hope said the substitute fills a gap between when a patient arrives at a hospital and when a TDO is issued, stating the substitute "limits the time a person for whom a physician is seeking a TDO can remain at a facility to 2 hours before a TDO is issued" and specifies that patients may leave immediately if no TDO is issued or consent is refused by a guardian.

Supporters included Amy Perrin Seibert of the Virginia College of Emergency Physicians, who said the change "does fill that necessary gap that my emergency physicians deal with on a regular basis when you're talking about a medical TDO." Colleen Miller of the Disability Law Center of Virginia referenced past tragic incidents and said clarifying custody could help prevent unnecessary escalations.

The substitute also clarifies that licensed health professionals, hospitals and security personnel assisting with detention are not liable for claims arising out of lack of consent to treatment or detention when acting in good faith. The committee reported the bill as substituted, 6 to 0.

The sponsor asked that the full committee consider the budget amendment the patron offered to address anticipated fiscal implications of a task force or related work that may follow from related bills.