{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-709.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-709.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-709.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-709.1.html"}],"law_id":62751,"edition_id":1,"section_id":62751,"structure_id":13089,"section_number":"37.2-709.1","catch_line":"State facility reporting requirements; critical incidents involving individuals receiving services","history":"2012, c. 138.","full_text":"A\n\nIn each case in which an individual receiving services in a state hospital or state training center is involved in a critical incident, the director of the state facility, or his designee, shall notify the individual’s authorized representative or person identified pursuant to subdivision A 11 of § 37.2-400 regarding the critical incident, any injury to the individual resulting from the critical incident, and any actions taken to address the factors leading to the critical incident and injuries to the individual resulting from the critical incident.B\n\nTo the extent authorized by federal law, notice to an individual’s authorized representative or person identified pursuant to subdivision A 11 of § 37.2-400 shall be made by telephone within 24 hours of the critical incident unless the individual’s authorized representative or person identified pursuant to subdivision A 11 of § 37.2-400 has requested an alternate means or timeframe for notification. However, if the director, or his designee, is unable to contact the individual’s authorized representative or person identified pursuant to subdivision A 11 of § 37.2-400 by telephone within 24 hours of the critical incident, or as otherwise requested, the director, or his designee, shall notify the individual’s authorized representative or person identified pursuant to subdivision A 11 of § 37.2-400 of the critical incident, any injury to the individual resulting from the critical incident, and any actions taken to address the factors leading to the critical incident and injuries to the individual resulting from the critical incident, in writing by registered mail to the last known address of the individual’s authorized representative or person identified pursuant to subdivision A 11 of § 37.2-400.C\n\nIn cases in which the director of a state facility, or his designee, is unable to identify an individual’s authorized representative or person identified pursuant to subdivision A 11 of § 37.2-400 or to obtain the telephone number or last known address of such person despite all reasonable efforts to do so, the provisions of this section shall not apply.D\n\nFor the purposes of this section, “critical incident” shall be defined as serious bodily injury or loss of consciousness requiring medical treatment.","order_by":null,"text":{"0":{"id":228789,"text":"In each case in which an individual receiving services in a state hospital or state training center is involved in a critical incident, the director of the state facility, or his designee, shall notify the individual’s authorized representative or person identified pursuant to subdivision A 11 of § 37.2-400 regarding the critical incident, any injury to the individual resulting from the critical incident, and any actions taken to address the factors leading to the critical incident and injuries to the individual resulting from the critical incident.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":228790,"text":"To the extent authorized by federal law, notice to an individual’s authorized representative or person identified pursuant to subdivision A 11 of § 37.2-400 shall be made by telephone within 24 hours of the critical incident unless the individual’s authorized representative or person identified pursuant to subdivision A 11 of § 37.2-400 has requested an alternate means or timeframe for notification. However, if the director, or his designee, is unable to contact the individual’s authorized representative or person identified pursuant to subdivision A 11 of § 37.2-400 by telephone within 24 hours of the critical incident, or as otherwise requested, the director, or his designee, shall notify the individual’s authorized representative or person identified pursuant to subdivision A 11 of § 37.2-400 of the critical incident, any injury to the individual resulting from the critical incident, and any actions taken to address the factors leading to the critical incident and injuries to the individual resulting from the critical incident, in writing by registered mail to the last known address of the individual’s authorized representative or person identified pursuant to subdivision A 11 of § 37.2-400.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":228791,"text":"In cases in which the director of a state facility, or his designee, is unable to identify an individual’s authorized representative or person identified pursuant to subdivision A 11 of § 37.2-400 or to obtain the telephone number or last known address of such person despite all reasonable efforts to do so, the provisions of this section shall not apply.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":228792,"text":"For the purposes of this section, “critical incident” shall be defined as serious bodily injury or loss of consciousness requiring medical treatment.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13089,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13088,"metadata":{},"date_created":"2026-06-26 03:44:16","date_modified":"2026-06-26 03:44:16","permalink":{"id":210155,"object_type":"structure","relational_id":13089,"identifier":"1","token":"37.2\/II\/7\/1","url":"\/37.2\/II\/7\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13088,"edition_id":1,"name":"State Facilities","identifier":"7","label":"chapter","depth":3,"order_by":1,"parent_id":13087,"metadata":{},"date_created":"2026-06-26 03:44:16","date_modified":"2026-06-26 03:44:16","permalink":{"id":210153,"object_type":"structure","relational_id":13088,"identifier":"7","token":"37.2\/II\/7","url":"\/37.2\/II\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13087,"edition_id":1,"name":"Behavioral Health and Developmental Services","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12843,"metadata":{},"date_created":"2026-06-26 03:44:16","date_modified":"2026-06-26 03:44:16","permalink":{"id":210023,"object_type":"structure","relational_id":13087,"identifier":"II","token":"37.2\/II","url":"\/37.2\/II\/","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":81060,"structure_id":13089,"section_number":"37.2-700","catch_line":"Construction of state facilities; razing buildings","url":"\/37.2-700\/","token":"37.2\/II\/7\/1\/37.2-700","metadata":false},{"id":66128,"structure_id":13089,"section_number":"37.2-701","catch_line":"Examination of properties; certain property not to be declared surplus","url":"\/37.2-701\/","token":"37.2\/II\/7\/1\/37.2-701","metadata":false},{"id":60268,"structure_id":13089,"section_number":"37.2-702","catch_line":"Separate state facilities for elderly individuals; free-standing state facilities authorized","url":"\/37.2-702\/","token":"37.2\/II\/7\/1\/37.2-702","metadata":false},{"id":74015,"structure_id":13089,"section_number":"37.2-703","catch_line":"Commissioner to prescribe system of records, accounts, and reports; access to records, accounts, and reports","url":"\/37.2-703\/","token":"37.2\/II\/7\/1\/37.2-703","metadata":false},{"id":80681,"structure_id":13089,"section_number":"37.2-704","catch_line":"Commissioner authorized to receive and expend social security and other federal payments for individuals receiving services in state facilities","url":"\/37.2-704\/","token":"37.2\/II\/7\/1\/37.2-704","metadata":false},{"id":78075,"structure_id":13089,"section_number":"37.2-705","catch_line":"Private funds provided for individuals receiving services","url":"\/37.2-705\/","token":"37.2\/II\/7\/1\/37.2-705","metadata":false},{"id":72516,"structure_id":13089,"section_number":"37.2-706","catch_line":"Disposal of unclaimed personal property of certain individuals in state facilities","url":"\/37.2-706\/","token":"37.2\/II\/7\/1\/37.2-706","metadata":false},{"id":81649,"structure_id":13089,"section_number":"37.2-707","catch_line":"Employment and qualifications of directors of state facilities","url":"\/37.2-707\/","token":"37.2\/II\/7\/1\/37.2-707","metadata":false},{"id":71507,"structure_id":13089,"section_number":"37.2-708","catch_line":"Salaries of directors and other employees of state facilities","url":"\/37.2-708\/","token":"37.2\/II\/7\/1\/37.2-708","metadata":false},{"id":62735,"structure_id":13089,"section_number":"37.2-709","catch_line":"State facility reporting requirements","url":"\/37.2-709\/","token":"37.2\/II\/7\/1\/37.2-709","metadata":false},{"id":62751,"structure_id":13089,"section_number":"37.2-709.1","catch_line":"State facility reporting requirements; critical incidents involving individuals receiving services","url":"\/37.2-709.1\/","token":"37.2\/II\/7\/1\/37.2-709.1","metadata":false},{"id":80404,"structure_id":13089,"section_number":"37.2-710","catch_line":"State facility reporting requirements; Virginia Patient Level Data system","url":"\/37.2-710\/","token":"37.2\/II\/7\/1\/37.2-710","metadata":false},{"id":54361,"structure_id":13089,"section_number":"37.2-711","catch_line":"Exchange of information","url":"\/37.2-711\/","token":"37.2\/II\/7\/1\/37.2-711","metadata":false},{"id":74559,"structure_id":13089,"section_number":"37.2-712","catch_line":"Collection and dissemination of information concerning religious preferences and affiliations","url":"\/37.2-712\/","token":"37.2\/II\/7\/1\/37.2-712","metadata":false},{"id":56215,"structure_id":13089,"section_number":"37.2-713","catch_line":"Residence of individuals in state facilities and school-age children in state facilities generally","url":"\/37.2-713\/","token":"37.2\/II\/7\/1\/37.2-713","metadata":false},{"id":54135,"structure_id":13089,"section_number":"37.2-714","catch_line":"Children born in state facilities","url":"\/37.2-714\/","token":"37.2\/II\/7\/1\/37.2-714","metadata":false},{"id":80103,"structure_id":13089,"section_number":"37.2-714.1","catch_line":"State facilities; video visitation","url":"\/37.2-714.1\/","token":"37.2\/II\/7\/1\/37.2-714.1","metadata":false}],"previous_section":{"id":62735,"structure_id":13089,"section_number":"37.2-709","catch_line":"State facility reporting requirements","url":"\/37.2-709\/","token":"37.2\/II\/7\/1\/37.2-709","metadata":false},"next_section":{"id":80404,"structure_id":13089,"section_number":"37.2-710","catch_line":"State facility reporting requirements; Virginia Patient Level Data system","url":"\/37.2-710\/","token":"37.2\/II\/7\/1\/37.2-710","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-709.1\/","history_text":"

This law was first created in 2012. The record of its establishment is cataloged in chapter 138<\/a> 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.<\/p>","references":[{"id":58889,"section_number":"37.2-304","catch_line":"Duties of Commissioner","order_by":null,"url":"\/37.2-304\/"}],"refers_to":[{"id":58222,"section_number":"37.2-400","catch_line":"Rights of individuals receiving services","order_by":null,"url":"\/37.2-400\/"}],"permalink":{"id":210197,"object_type":"law","relational_id":62751,"identifier":"37.2-709.1","token":"37.2\/II\/7\/1\/37.2-709.1","url":"\/37.2-709.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-709.1\/","token":"37.2\/II\/7\/1\/37.2-709.1","dublin_core":{"Title":"State facility reporting requirements; critical incidents involving individuals receiving services","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-709.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In each case in which an individual receiving services<\/span> in a state hospital<\/span> or state training center<\/span> is involved in a critical incident, the director of the state facility<\/span>, or his designee, shall notify the individual’s authorized representative or person identified pursuant to subdivision A 11 of § 37.2-400<\/a> regarding the critical incident, any injury to the individual resulting from the critical incident, and any actions taken to address the factors leading to the critical incident and injuries to the individual resulting from the critical incident. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> To the extent authorized by federal law<\/span>, notice to an individual’s authorized representative or person identified pursuant to subdivision A 11 of § 37.2-400<\/a> shall be made by telephone within 24 hours of the critical incident unless the individual’s authorized representative or person identified pursuant to subdivision A 11 of § 37.2-400<\/a> has requested an alternate means or timeframe for notification. However, if the director, or his designee, is unable to contact the individual’s authorized representative or person identified pursuant to subdivision A 11 of § 37.2-400<\/a> by telephone within 24 hours of the critical incident, or as otherwise requested, the director, or his designee, shall notify the individual’s authorized representative or person identified pursuant to subdivision A 11 of § 37.2-400<\/a> of the critical incident, any injury to the individual resulting from the critical incident, and any actions taken to address the factors leading to the critical incident and injuries to the individual resulting from the critical incident, in writing by registered mail to the last known address of the individual’s authorized representative or person identified pursuant to subdivision A 11 of § 37.2-400<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In cases in which the director of a state facility<\/span>, or his designee, is unable to identify an individual’s authorized representative or person identified pursuant to subdivision A 11 of § 37.2-400<\/a> or to obtain the telephone number or last known address of such person despite all reasonable efforts to do so, the provisions of this section shall not apply. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> For the purposes of this section, “critical incident” shall be defined as serious bodily injury or loss of consciousness requiring medical treatment. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSTATE FACILITY REPORTING REQUIREMENTS; CRITICAL INCIDENTS INVOLVING INDIVIDUALS\nRECEIVING SERVICES (\u00a7 37.2-709.1)\n\nA. In each case in which an individual receiving services in a state hospital or\nstate training center is involved in a critical incident, the director of the\nstate facility, or his designee, shall notify the individual’s authorized\nrepresentative or person identified pursuant to subdivision A 11 of §\n37.2-400 regarding the critical incident, any injury to the individual resulting\nfrom the critical incident, and any actions taken to address the factors leading\nto the critical incident and injuries to the individual resulting from the\ncritical incident.\n\nB. To the extent authorized by federal law, notice to an individual’s\nauthorized representative or person identified pursuant to subdivision A 11 of\n§ 37.2-400 shall be made by telephone within 24 hours of the critical\nincident unless the individual’s authorized representative or person\nidentified pursuant to subdivision A 11 of § 37.2-400 has requested an\nalternate means or timeframe for notification. However, if the director, or his\ndesignee, is unable to contact the individual’s authorized representative\nor person identified pursuant to subdivision A 11 of § 37.2-400 by\ntelephone within 24 hours of the critical incident, or as otherwise requested,\nthe director, or his designee, shall notify the individual’s authorized\nrepresentative or person identified pursuant to subdivision A 11 of §\n37.2-400 of the critical incident, any injury to the individual resulting from\nthe critical incident, and any actions taken to address the factors leading to\nthe critical incident and injuries to the individual resulting from the critical\nincident, in writing by registered mail to the last known address of the\nindividual’s authorized representative or person identified pursuant to\nsubdivision A 11 of § 37.2-400.\n\nC. In cases in which the director of a state facility, or his designee, is\nunable to identify an individual’s authorized representative or person\nidentified pursuant to subdivision A 11 of § 37.2-400 or to obtain the\ntelephone number or last known address of such person despite all reasonable\nefforts to do so, the provisions of this section shall not apply.\n\nD. For the purposes of this section, “critical incident” shall be\ndefined as serious bodily injury or loss of consciousness requiring medical\ntreatment.\n\nHISTORY: 2012, c. 138.","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}}