{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-304.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-304.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-304.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-304.html"}],"law_id":58889,"edition_id":1,"section_id":58889,"structure_id":12846,"section_number":"37.2-304","catch_line":"Duties of Commissioner","history":"1976, c. 671, \u00a7 37.1-42.1; 1980, c. 582; 1985, c. 158; 2000, cc. 565, 610; 2002, c. 572; 2003, c. 516; 2005, c. 716; 2008, cc. 584, 754; 2011, c. 473; 2012, cc. 476, 507, 803, 835, 847; 2013, c. 571; 2016, cc. 94, 407, 686; 2017, cc. 418, 426, 455, 470; 2020, cc. 1197, 1218, 1248, 1256; 2021, Sp. Sess. I, cc. 64, 65; 2023, cc. 588, 589.","full_text":"The Commissioner shall be the chief executive officer of the Department and shall have the following duties and powers:\n\n1\n\nTo supervise and manage the Department and its state facilities.2\n\nTo employ the personnel required to carry out the purposes of this title.3\n\nTo 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\n\nTo 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\n\nTo 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\n\nTo 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\n\nTo 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\n\nTo 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\n\nTo 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\n\nTo 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\n\nTo establish and maintain the Commonwealth Mental Health First Aid Program pursuant to § 37.2-312.2.12\n\nTo 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 Virginia’s publicly funded behavioral health and developmental services system. The report shall include a brief narrative and data on the number of individuals receiving state facility services or community services board services, including purchased inpatient psychiatric services; the types and amounts of services received by these individuals; and state facility and community services board service capacities, staffing, revenues, and expenditures. The annual report shall describe major new initiatives implemented during the past year and shall provide information on the accomplishment of systemic outcome and performance measures during the year.13\n\nTo establish a comprehensive program for the prevention and treatment of problem gambling in the Commonwealth and administer the Problem Gambling Treatment and Support Fund established pursuant to § 37.2-314.2.14\n\nTo establish and maintain the Problem Gambling Treatment and Support Advisory Committee (the Advisory Committee) to enable collaboration among prevention and treatment providers and operators of legal gaming in the Commonwealth on efforts to reduce the negative effects of problem gambling. The Advisory Committee shall be composed of (i) the Problem Gambling Prevention Coordinator from the Department; (ii) a representative from the Virginia Council on Problem Gambling; (iii) one representative from each of the state agencies primarily responsible for regulating the lottery, casino gaming, sports betting, live horse racing with pari-mutuel wagering, historical horse racing, charitable gaming, and any other form of legal gaming permitted under state law; (iv) the executive director of a community services board; (v) a casino gaming operator; (vi) a sports betting permit holder; (vii) a historical horse racing operator; and (viii) a charitable gaming permit holder. The Problem Gambling Prevention Coordinator shall be the chairman of the Advisory Committee, and a vice-chairman shall be elected from among the designated membership.\n\t\t\tUnless specifically authorized by the Governor to accept or undertake activities for compensation, the Commissioner shall devote his entire time to his duties.","order_by":null,"text":{"0":{"id":215914,"text":"The Commissioner shall be the chief executive officer of the Department and shall have the following duties and powers:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":215915,"text":"To supervise and manage the Department and its state facilities.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":215916,"text":"To employ the personnel required to carry out the purposes of this title.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":215917,"text":"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.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":215918,"text":"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.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":215919,"text":"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.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":215920,"text":"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.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":215921,"text":"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.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":215922,"text":"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.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"9":{"id":215923,"text":"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.","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"10":{"id":215924,"text":"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.","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9","next_prefix":"11"},"11":{"id":215925,"text":"To establish and maintain the Commonwealth Mental Health First Aid Program pursuant to § 37.2-312.2.","type":"section","prefixes":["11"],"prefix":"11","entire_prefix":"11","prefix_anchor":"11","level":1,"prior_prefix":"10","next_prefix":"12"},"12":{"id":215926,"text":"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 Virginia’s publicly funded behavioral health and developmental services system. The report shall include a brief narrative and data on the number of individuals receiving state facility services or community services board services, including purchased inpatient psychiatric services; the types and amounts of services received by these individuals; and state facility and community services board service capacities, staffing, revenues, and expenditures. The annual report shall describe major new initiatives implemented during the past year and shall provide information on the accomplishment of systemic outcome and performance measures during the year.","type":"section","prefixes":["12"],"prefix":"12","entire_prefix":"12","prefix_anchor":"12","level":1,"prior_prefix":"11","next_prefix":"13"},"13":{"id":215927,"text":"To establish a comprehensive program for the prevention and treatment of problem gambling in the Commonwealth and administer the Problem Gambling Treatment and Support Fund established pursuant to § 37.2-314.2.","type":"section","prefixes":["13"],"prefix":"13","entire_prefix":"13","prefix_anchor":"13","level":1,"prior_prefix":"12","next_prefix":"14"},"14":{"id":215928,"text":"To establish and maintain the Problem Gambling Treatment and Support Advisory Committee (the Advisory Committee) to enable collaboration among prevention and treatment providers and operators of legal gaming in the Commonwealth on efforts to reduce the negative effects of problem gambling. The Advisory Committee shall be composed of (i) the Problem Gambling Prevention Coordinator from the Department; (ii) a representative from the Virginia Council on Problem Gambling; (iii) one representative from each of the state agencies primarily responsible for regulating the lottery, casino gaming, sports betting, live horse racing with pari-mutuel wagering, historical horse racing, charitable gaming, and any other form of legal gaming permitted under state law; (iv) the executive director of a community services board; (v) a casino gaming operator; (vi) a sports betting permit holder; (vii) a historical horse racing operator; and (viii) a charitable gaming permit holder. The Problem Gambling Prevention Coordinator shall be the chairman of the Advisory Committee, and a vice-chairman shall be elected from among the designated membership.\n\t\t\tUnless specifically authorized by the Governor to accept or undertake activities for compensation, the Commissioner shall devote his entire time to his duties.","type":"section","prefixes":["14"],"prefix":"14","entire_prefix":"14","prefix_anchor":"14","level":1,"prior_prefix":"13"}},"ancestry":[{"id":12846,"edition_id":1,"name":"The Department and the Commissioner","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12845,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209715,"object_type":"structure","relational_id":12846,"identifier":"1","token":"37.2\/I\/3\/1","url":"\/37.2\/I\/3\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12845,"edition_id":1,"name":"Department of Behavioral Health and Developmental Services","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":12844,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209713,"object_type":"structure","relational_id":12845,"identifier":"3","token":"37.2\/I\/3","url":"\/37.2\/I\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12844,"edition_id":1,"name":"General Provisions","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12843,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209675,"object_type":"structure","relational_id":12844,"identifier":"I","token":"37.2\/I","url":"\/37.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12843,"edition_id":1,"name":"Behavioral Health and Developmental Services","identifier":"37.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209673,"object_type":"structure","relational_id":12843,"identifier":"37.2","token":"37.2","url":"\/37.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":53989,"structure_id":12846,"section_number":"37.2-300","catch_line":"Creation and supervision of Department","url":"\/37.2-300\/","token":"37.2\/I\/3\/1\/37.2-300","metadata":false},{"id":87072,"structure_id":12846,"section_number":"37.2-301","catch_line":"Appointment of Commissioner","url":"\/37.2-301\/","token":"37.2\/I\/3\/1\/37.2-301","metadata":false},{"id":61895,"structure_id":12846,"section_number":"37.2-302","catch_line":"Term of office and vacancy therein","url":"\/37.2-302\/","token":"37.2\/I\/3\/1\/37.2-302","metadata":false},{"id":68733,"structure_id":12846,"section_number":"37.2-303","catch_line":"Qualifications of Commissioner","url":"\/37.2-303\/","token":"37.2\/I\/3\/1\/37.2-303","metadata":false},{"id":58889,"structure_id":12846,"section_number":"37.2-304","catch_line":"Duties of Commissioner","url":"\/37.2-304\/","token":"37.2\/I\/3\/1\/37.2-304","metadata":false},{"id":55805,"structure_id":12846,"section_number":"37.2-305","catch_line":"Receiving gifts and endowments","url":"\/37.2-305\/","token":"37.2\/I\/3\/1\/37.2-305","metadata":false},{"id":76091,"structure_id":12846,"section_number":"37.2-306","catch_line":"Research into causes of mental illness, developmental disabilities, substance abuse, and related subjects","url":"\/37.2-306\/","token":"37.2\/I\/3\/1\/37.2-306","metadata":false},{"id":79296,"structure_id":12846,"section_number":"37.2-307","catch_line":"Employment of special counsel to defend Board member, officer, or employee of Department in criminal cases","url":"\/37.2-307\/","token":"37.2\/I\/3\/1\/37.2-307","metadata":false},{"id":69476,"structure_id":12846,"section_number":"37.2-308","catch_line":"Data reporting on children and adolescents","url":"\/37.2-308\/","token":"37.2\/I\/3\/1\/37.2-308","metadata":false},{"id":85097,"structure_id":12846,"section_number":"37.2-308.01","catch_line":"Commitment hearings for involuntary admissions; data sharing","url":"\/37.2-308.01\/","token":"37.2\/I\/3\/1\/37.2-308.01","metadata":false},{"id":58069,"structure_id":12846,"section_number":"37.2-308.1","catch_line":"Acute psychiatric bed registry","url":"\/37.2-308.1\/","token":"37.2\/I\/3\/1\/37.2-308.1","metadata":false},{"id":74547,"structure_id":12846,"section_number":"37.2-309","catch_line":"Department responsible for substance abuse services; office established; qualifications of staff","url":"\/37.2-309\/","token":"37.2\/I\/3\/1\/37.2-309","metadata":false},{"id":63480,"structure_id":12846,"section_number":"37.2-310","catch_line":"Powers and duties of Department related to substance abuse","url":"\/37.2-310\/","token":"37.2\/I\/3\/1\/37.2-310","metadata":false},{"id":71267,"structure_id":12846,"section_number":"37.2-311","catch_line":"Review of applications for state or federal funds or services used in substance abuse programs","url":"\/37.2-311\/","token":"37.2\/I\/3\/1\/37.2-311","metadata":false},{"id":70901,"structure_id":12846,"section_number":"37.2-311.1","catch_line":"Comprehensive crisis system; Marcus alert system; powers and duties of the Department related to comprehensive mental health, substance abuse, and developmental disability crisis services","url":"\/37.2-311.1\/","token":"37.2\/I\/3\/1\/37.2-311.1","metadata":false},{"id":55219,"structure_id":12846,"section_number":"37.2-311.2","catch_line":"Powers and duties of crisis call center","url":"\/37.2-311.2\/","token":"37.2\/I\/3\/1\/37.2-311.2","metadata":false},{"id":79442,"structure_id":12846,"section_number":"37.2-311.3","catch_line":"Standards for community care teams and mobile crisis teams","url":"\/37.2-311.3\/","token":"37.2\/I\/3\/1\/37.2-311.3","metadata":false},{"id":72863,"structure_id":12846,"section_number":"37.2-311.4","catch_line":"Crisis Call Center Fund","url":"\/37.2-311.4\/","token":"37.2\/I\/3\/1\/37.2-311.4","metadata":false},{"id":60255,"structure_id":12846,"section_number":"37.2-311.5","catch_line":"Collection of 988 charges","url":"\/37.2-311.5\/","token":"37.2\/I\/3\/1\/37.2-311.5","metadata":false},{"id":65423,"structure_id":12846,"section_number":"37.2-311.6","catch_line":"Liability for emergency calls to the National Suicide Prevention Lifeline","url":"\/37.2-311.6\/","token":"37.2\/I\/3\/1\/37.2-311.6","metadata":false},{"id":59415,"structure_id":12846,"section_number":"37.2-312","catch_line":"Department responsible for education and training programs","url":"\/37.2-312\/","token":"37.2\/I\/3\/1\/37.2-312","metadata":false},{"id":69006,"structure_id":12846,"section_number":"37.2-312.1","catch_line":"Department to be lead agency for suicide prevention across the lifespan","url":"\/37.2-312.1\/","token":"37.2\/I\/3\/1\/37.2-312.1","metadata":false},{"id":62132,"structure_id":12846,"section_number":"37.2-312.2","catch_line":"Commonwealth Mental Health First Aid Program","url":"\/37.2-312.2\/","token":"37.2\/I\/3\/1\/37.2-312.2","metadata":false},{"id":83802,"structure_id":12846,"section_number":"37.2-313","catch_line":"Employment of unlicensed physician by Department","url":"\/37.2-313\/","token":"37.2\/I\/3\/1\/37.2-313","metadata":false},{"id":81127,"structure_id":12846,"section_number":"37.2-313.1","catch_line":"Licensed physician required at certain training centers","url":"\/37.2-313.1\/","token":"37.2\/I\/3\/1\/37.2-313.1","metadata":false},{"id":75182,"structure_id":12846,"section_number":"37.2-314","catch_line":"Background check required","url":"\/37.2-314\/","token":"37.2\/I\/3\/1\/37.2-314","metadata":false},{"id":82101,"structure_id":12846,"section_number":"37.2-314.1","catch_line":"Developmental Disabilities Mortality Review Committee; duties; membership; confidentiality; report; penalty","url":"\/37.2-314.1\/","token":"37.2\/I\/3\/1\/37.2-314.1","metadata":false},{"id":67219,"structure_id":12846,"section_number":"37.2-314.2","catch_line":"Problem Gambling Treatment and Support Fund","url":"\/37.2-314.2\/","token":"37.2\/I\/3\/1\/37.2-314.2","metadata":false},{"id":85328,"structure_id":12846,"section_number":"37.2-314.3","catch_line":"Powers and duties of the Department related to supported decision-making agreements; report","url":"\/37.2-314.3\/","token":"37.2\/I\/3\/1\/37.2-314.3","metadata":false}],"previous_section":{"id":68733,"structure_id":12846,"section_number":"37.2-303","catch_line":"Qualifications of Commissioner","url":"\/37.2-303\/","token":"37.2\/I\/3\/1\/37.2-303","metadata":false},"next_section":{"id":55805,"structure_id":12846,"section_number":"37.2-305","catch_line":"Receiving gifts and endowments","url":"\/37.2-305\/","token":"37.2\/I\/3\/1\/37.2-305","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-304\/","history_text":"

This law was first created in 1976. The record of its establishment is cataloged in chapter 671 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1976 \u201cActs\u201d aren\u2019t available online. It has been modified 14 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1980, chapter 582; in 1985, chapter 158; in 2000, chapters 565<\/a> and 610<\/a>; in 2002, chapter 572<\/a>; in 2003, chapter 516<\/a>; in 2005, chapter 716<\/a>; in 2008, chapters 584<\/a> and 754<\/a>; in 2011, chapter 473<\/a>; in 2012, chapters 476<\/a>, 507<\/a>, 803<\/a>, 835<\/a>, and 847<\/a>; in 2013, chapter 571<\/a>; in 2016, chapters 94<\/a>, 407<\/a>, and 686<\/a>; in 2017, chapters 418<\/a>, 426<\/a>, 455<\/a>, and 470<\/a>; in 2020, chapters 1197<\/a>, 1218<\/a>, 1248<\/a>, and 1256<\/a>; in 2023, chapters 588<\/a> and 589<\/a>.<\/p>","references":[{"id":75231,"section_number":"58.1-4006","catch_line":"Powers of the Director","order_by":null,"url":"\/58.1-4006\/"},{"id":68989,"section_number":"59.1-369","catch_line":"Powers and duties of the Commission","order_by":null,"url":"\/59.1-369\/"}],"refers_to":[{"id":58222,"section_number":"37.2-400","catch_line":"Rights of individuals receiving services","order_by":null,"url":"\/37.2-400\/"},{"id":62751,"section_number":"37.2-709.1","catch_line":"State facility reporting requirements; critical incidents involving individuals receiving services","order_by":null,"url":"\/37.2-709.1\/"},{"id":80976,"section_number":"37.2-837","catch_line":"Discharge from state hospitals or training centers, conditional release, and trial or home visits for individuals","order_by":null,"url":"\/37.2-837\/"},{"id":64169,"section_number":"51.5-39.13","catch_line":"Conversion of the Virginia Office for Protection and Advocacy to a nonprofit entity","order_by":null,"url":"\/51.5-39.13\/"}],"permalink":{"id":209733,"object_type":"law","relational_id":58889,"identifier":"37.2-304","token":"37.2\/I\/3\/1\/37.2-304","url":"\/37.2-304\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-304\/","token":"37.2\/I\/3\/1\/37.2-304","dublin_core":{"Title":"Duties of Commissioner","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-304","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The Commissioner<\/span> shall be the chief executive officer of the Department<\/span> and shall have the following duties and powers:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> To supervise and manage the Department<\/span> and its state<\/span> facilities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> To employ the personnel required to carry out the purposes of this title. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> To make and enter into all contracts<\/span> and agreements necessary or incidental to the performance of the Department<\/span>’s duties and the execution of its powers under this title, including contracts<\/span> with the United States<\/span>, other states<\/span>, and agencies and governmental subdivisions of the Commonwealth, consistent with policies and regulations of the Board<\/span> and applicable federal and state<\/span> statutes<\/span> and regulations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> To accept, hold, and enjoy gifts, donations, and bequests on behalf of the Department<\/span> from the United States<\/span> government, agencies and instrumentalities thereof, and any other source, subject to the approval of the Governor. To these ends, the Commissioner<\/span> 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<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> To accept, execute, and administer any trust in which the Department<\/span> may have an interest, under the terms of the instruments creating the trust, subject to the approval of the Governor. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> To transfer between state hospitals<\/span> and training centers<\/span> school-age individuals<\/span> who have been identified as appropriate to be placed in public school programs and to negotiate with other school divisions for placements in order<\/span> to ameliorate the impact on those school divisions located in a jurisdiction<\/span> in which a state hospital<\/span> or training center<\/span> is located. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> To provide to the Director of the Commonwealth’s designated protection and advocacy system, established pursuant to § 51.5-39.13<\/a>, a written report setting forth the known facts<\/span> of (i) critical incidents, as that term is defined in § 37.2-709.1<\/a>, or deaths of individuals<\/span> 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<\/span> through its incident reporting system, as required by regulations adopted by the Board<\/span> pursuant to Chapter 4 (§ 37.2-400<\/a> et seq.), within 15 working days of the date the report is received; and (iii) allegations<\/span> of abuse<\/span> or neglect<\/span> that are required to be reported pursuant to regulations adopted by the Board<\/span> pursuant to Chapter 4 (§ 37.2-400<\/a> et seq.), within five working days of the date on which the director’s final decision on the allegation<\/span> is reported to the Department<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> To work with the appropriate state and federal entities to ensure that any individual<\/span> who has received services in a state facility<\/span> for more than one year has possession<\/span> 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<\/span> of Motor Vehicles approved identification card that will expire 90 days from issuance, a copy of his birth certificate if the individual<\/span> was born in the Commonwealth, or a social security card from the Social Security Administration. State facility<\/span> directors, as part of their responsibilities pursuant to § 37.2-837<\/a>, shall implement this provision when discharging individuals<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> To work with the Department<\/span> of Veterans Services and the Department<\/span> 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<\/span> pursuant to § 2.2-2001.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> To establish and maintain a pharmaceutical and therapeutics committee composed of representatives of the Department<\/span> of Medical Assistance Services, state facilities operated by the Department<\/span>, community services boards<\/span>, at least one health insurance plan, and at least one individual receiving services<\/span> to develop a drug formulary for use at all community services boards<\/span>, state facilities operated by the Department<\/span>, and providers licensed by the Department<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> To establish and maintain the Commonwealth Mental Health First Aid Program pursuant to § 37.2-312.2<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> 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 Virginia’s publicly funded behavioral health and developmental services<\/span> system. The report shall include a brief<\/span> narrative and data on the number of individuals<\/span> receiving state facility<\/span> services or community services board<\/span> services, including purchased inpatient psychiatric services; the types and amounts of services received by these individuals<\/span>; and state facility<\/span> and community services board<\/span> service capacities, staffing, revenues, and expenditures. The annual report shall describe major new initiatives implemented during the past year and shall provide information on the accomplishment of systemic outcome and performance measures during the year. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> To establish a comprehensive program for the prevention and treatment of problem gambling in the Commonwealth and administer the Problem Gambling Treatment and Support Fund established pursuant to § 37.2-314.2<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> To establish and maintain the Problem Gambling Treatment and Support Advisory Committee (the Advisory Committee) to enable collaboration among prevention and treatment providers and operators of legal gaming in the Commonwealth on efforts to reduce the negative effects of problem gambling. The Advisory Committee shall be composed of (i) the Problem Gambling Prevention Coordinator from the Department<\/span>; (ii) a representative from the Virginia Council on Problem Gambling; (iii) one representative from each of the state agencies primarily responsible for regulating the lottery, casino gaming, sports betting, live horse racing with pari-mutuel wagering, historical horse racing, charitable gaming, and any other form of legal gaming permitted under state law<\/span>; (iv) the executive director of a community services board<\/span>; (v) a casino gaming operator; (vi) a sports betting permit holder; (vii) a historical horse racing operator; and (viii) a charitable gaming permit holder. The Problem Gambling Prevention Coordinator shall be the chairman of the Advisory Committee, and a vice-chairman shall be elected from among the designated membership.\n\t\t\tUnless specifically authorized by the Governor to accept or undertake activities for compensation, the Commissioner<\/span> shall devote his entire time to his duties. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDUTIES OF COMMISSIONER (\u00a7 37.2-304)\n\nThe Commissioner shall be the chief executive officer of the Department and\nshall have the following duties and powers:\n\n1. To supervise and manage the Department and its state facilities.\n\n2. To employ the personnel required to carry out the purposes of this title.\n\n3. To make and enter into all contracts and agreements necessary or incidental\nto the performance of the Department’s duties and the execution of its\npowers under this title, including contracts with the United States, other\nstates, and agencies and governmental subdivisions of the Commonwealth,\nconsistent with policies and regulations of the Board and applicable federal and\nstate statutes and regulations.\n\n4. To accept, hold, and enjoy gifts, donations, and bequests on behalf of the\nDepartment from the United States government, agencies and instrumentalities\nthereof, and any other source, subject to the approval of the Governor. To these\nends, the Commissioner shall have the power to comply with conditions and\nexecute agreements that may be necessary, convenient, or desirable, consistent\nwith policies and regulations of the Board.\n\n5. To accept, execute, and administer any trust in which the Department may have\nan interest, under the terms of the instruments creating the trust, subject to\nthe approval of the Governor.\n\n6. To transfer between state hospitals and training centers school-age\nindividuals who have been identified as appropriate to be placed in public\nschool programs and to negotiate with other school divisions for placements in\norder to ameliorate the impact on those school divisions located in a\njurisdiction in which a state hospital or training center is located.\n\n7. To provide to the Director of the Commonwealth’s designated protection\nand advocacy system, established pursuant to § 51.5-39.13, a written report\nsetting forth the known facts of (i) critical incidents, as that term is defined\nin § 37.2-709.1, or deaths of individuals receiving services in facilities,\nwithin 15 working days of such critical incident or death; (ii) serious\nincidents and deaths that are required to be reported to the Department through\nits incident reporting system, as required by regulations adopted by the Board\npursuant to Chapter 4 (§ 37.2-400 et seq.), within 15 working days of the\ndate the report is received; and (iii) allegations of abuse or neglect that are\nrequired to be reported pursuant to regulations adopted by the Board pursuant to\nChapter 4 (§ 37.2-400 et seq.), within five working days of the date on\nwhich the director’s final decision on the allegation is reported to the\nDepartment.\n\n8. To work with the appropriate state and federal entities to ensure that any\nindividual who has received services in a state facility for more than one year\nhas possession of or receives prior to discharge any of the following documents,\nwhen they are needed to obtain the services contained in his discharge plan: a\nDepartment of Motor Vehicles approved identification card that will expire 90\ndays from issuance, a copy of his birth certificate if the individual was born\nin the Commonwealth, or a social security card from the Social Security\nAdministration. State facility directors, as part of their responsibilities\npursuant to § 37.2-837, shall implement this provision when discharging\nindividuals.\n\n9. To work with the Department of Veterans Services and the Department for Aging\nand Rehabilitative Services to establish a program for mental health and\nrehabilitative services for Virginia veterans and members of the Virginia\nNational Guard and Virginia residents in the Armed Forces Reserves not in active\nfederal service and their family members pursuant to § 2.2-2001.1.\n\n10. To establish and maintain a pharmaceutical and therapeutics committee\ncomposed of representatives of the Department of Medical Assistance Services,\nstate facilities operated by the Department, community services boards, at least\none health insurance plan, and at least one individual receiving services to\ndevelop a drug formulary for use at all community services boards, state\nfacilities operated by the Department, and providers licensed by the Department.\n\n11. To establish and maintain the Commonwealth Mental Health First Aid Program\npursuant to § 37.2-312.2.\n\n12. To submit a report for the preceding fiscal year by December 1 of each year\nto the Governor and the Chairmen of the House Committee on Appropriations and\nSenate Committee on Finance and Appropriations that provides information on the\noperation of Virginia’s publicly funded behavioral health and\ndevelopmental services system. The report shall include a brief narrative and\ndata on the number of individuals receiving state facility services or community\nservices board services, including purchased inpatient psychiatric services; the\ntypes and amounts of services received by these individuals; and state facility\nand community services board service capacities, staffing, revenues, and\nexpenditures. The annual report shall describe major new initiatives implemented\nduring the past year and shall provide information on the accomplishment of\nsystemic outcome and performance measures during the year.\n\n13. To establish a comprehensive program for the prevention and treatment of\nproblem gambling in the Commonwealth and administer the Problem Gambling\nTreatment and Support Fund established pursuant to § 37.2-314.2.\n\n14. To establish and maintain the Problem Gambling Treatment and Support\nAdvisory Committee (the Advisory Committee) to enable collaboration among\nprevention and treatment providers and operators of legal gaming in the\nCommonwealth on efforts to reduce the negative effects of problem gambling. The\nAdvisory Committee shall be composed of (i) the Problem Gambling Prevention\nCoordinator from the Department; (ii) a representative from the Virginia Council\non Problem Gambling; (iii) one representative from each of the state agencies\nprimarily responsible for regulating the lottery, casino gaming, sports betting,\nlive horse racing with pari-mutuel wagering, historical horse racing, charitable\ngaming, and any other form of legal gaming permitted under state law; (iv) the\nexecutive director of a community services board; (v) a casino gaming operator;\n(vi) a sports betting permit holder; (vii) a historical horse racing operator;\nand (viii) a charitable gaming permit holder. The Problem Gambling Prevention\nCoordinator shall be the chairman of the Advisory Committee, and a vice-chairman\nshall be elected from among the designated membership.\n\t\t\tUnless specifically authorized by the Governor to accept or undertake\nactivities for compensation, the Commissioner shall devote his entire time to\nhis duties.\n\nHISTORY: 1976, c. 671, \u00a7 37.1-42.1; 1980, c. 582; 1985, c. 158; 2000, cc. 565,\n610; 2002, c. 572; 2003, c. 516; 2005, c. 716; 2008, cc. 584, 754; 2011, c. 473;\n2012, cc. 476, 507, 803, 835, 847; 2013, c. 571; 2016, cc. 94, 407, 686; 2017,\ncc. 418, 426, 455, 470; 2020, cc. 1197, 1218, 1248, 1256; 2021, Sp. Sess. I, cc.\n64, 65; 2023, cc. 588, 589.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}