March 2008

Virginia Senate Bill 246 Regarding the Privacy of Minors Receiving Mental Health Treatment Involuntarily

This bill details how information about how stakeholders must protect the privacy of any minor committed to mental health treatment involuntarily.

• Requires that health care providers, magistrates, minor guardians, community services boards, behavioral health authorities, law enforcement officers, or other service providers must disclose information to one another to provide and monitor treatment of a minor in an inpatient mental health facility.
   

• Such disclosure of records will be protected from prosecution of violations under the federal Health Insurance Portability and Accountability Act (HIPAA)
   

• Amends conditions for emergency mental health treatment prior to a trial if the court finds there is clear and convincing evidence that the defendant... has a mental illness and that there exists a substantial likelihood that, as a result of mental illness, the defendant will, in the near future, cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm and other relevant information.
   

• Determination of insanity after conviction will now be determined by an employee or designee of the local community services board or behavioral health authority who is skilled in the assessment and treatment of mental illness and who has completed a state certification program