Code of Virginia (Last Updated:July 28, 2020) |
TITLE 37.2. Behavioral Health and Developmental Services |
SUBTITLE 4. Guardianship, Conservatorship, and Judicial Authorization of Treatment |
CHAPTER 11. Judicial Authorization of Treatment |
SECTION 37.2-1102. Certain actions may not be authorized |
The following actions may not be authorized under this chapter: 1. Nontherapeutic sterilization, abortion, or psychosurgery. 2. Admission to a training center or a hospital. However, the court may issue an order under § 37.2-1101 authorizing treatment of a person whose admission to a training center or hospital has been or is simultaneously being authorized under § 37.2-1101 , 37.2-1101 , 37.2-1101 , or §§ 37.2-1101 through 37.2-1101 , or of a person who is subject to an order of involuntary admission previously or simultaneously issued under §§ 37.2-1101 through 37.2-1101 or of Chapter 9 (§ 37.2-1101 et seq.). 3. Administration of antipsychotic medication for a period to exceed 180 days or electroconvulsive therapy for a period to exceed 60 days pursuant to any petition filed under this section. The court may authorize electroconvulsive therapy only if it is demonstrated by clear and convincing evidence, which shall include the testimony of a licensed psychiatrist, that all other reasonable forms of treatment have been considered and that electroconvulsive therapy is the most effective treatment for the person. Even if the court has authorized administration of antipsychotic medication or electroconvulsive therapy hereunder, these treatments may be administered over the person's objection only if he is subject to an order of involuntary admission, including involuntary outpatient treatment, previously or simultaneously issued under §§ 37.2-1101 through 37.2-1101 or Chapter 9 (§ 37.2-1101 et seq.), or the provisions of Chapter 11 (§ 37.2-1101 et seq.) or Chapter 11.1 (§ 37.2-1101 et seq.) of Title 19.2. 4. Restraint or transportation of the person, unless the court finds upon clear and convincing evidence that restraint or transportation is necessary to the administration of an authorized treatment for a physical disorder or for a mental disorder if the person is subject to an order of involuntary admission issued previously or simultaneously under Chapter 11 (§ 37.2-1101 et seq.) or 11.1 (§ 37.2-1101 et seq.) of Title 19.2, §§ 37.2-1101 through 37.2-1101 , or Chapter 9 (§ 37.2-1101 et seq.). 1997, c. 37.2-1101 , § 37.1-134.21; 1999, cc. 37.2-1101 , 37.2-1101 , 37.2-1101 ; 2003, c. 37.2-1101 ; 2004, cc. 37.2-1101 , 37.2-1101 , 37.2-1101 ; 2005, cc. 37.2-1101 , 37.2-1101 ; 2012, cc. 37.2-1101 , 37.2-1101 . |