{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-838.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-838.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-838.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-838.html"}],"law_id":56627,"edition_id":1,"section_id":56627,"structure_id":14803,"section_number":"37.2-838","catch_line":"Discharge of individuals from a licensed hospital","history":"1968, c. 477, \u00a7 37.1-99; 1976, c. 671; 1980, cc. 582, 583; 2005, c. 716; 2012, cc. 476, 507; 2016, c. 688.","full_text":"The person in charge of a licensed hospital may discharge any individual involuntarily admitted who is recovered or, if not recovered, whose discharge will not be detrimental to the public welfare or injurious to the individual, or who meets other criteria as specified in \u00a7 37.2-837. Prior to discharging any individual who has not executed an advance directive, the person in charge of a licensed hospital or his designee shall give to the individual a written explanation of the procedures for executing an advance directive in accordance with the Health Care Decisions Act (\u00a7 54.1-2981 et seq.) and an advance directive form, which may be the form set forth in \u00a7 54.1-2984. The person in charge of the licensed hospital may refuse to discharge any individual involuntarily admitted, if, in his judgment, the discharge will be detrimental to the public welfare or injurious to the individual. The person in charge of a licensed hospital may grant a trial or home visit to an individual in accordance with regulations adopted by the Board.","order_by":null,"text":{"0":{"id":207214,"text":"The person in charge of a licensed hospital may discharge any individual involuntarily admitted who is recovered or, if not recovered, whose discharge will not be detrimental to the public welfare or injurious to the individual, or who meets other criteria as specified in \u00a7 37.2-837. Prior to discharging any individual who has not executed an advance directive, the person in charge of a licensed hospital or his designee shall give to the individual a written explanation of the procedures for executing an advance directive in accordance with the Health Care Decisions Act (\u00a7 54.1-2981 et seq.) and an advance directive form, which may be the form set forth in \u00a7 54.1-2984. The person in charge of the licensed hospital may refuse to discharge any individual involuntarily admitted, if, in his judgment, the discharge will be detrimental to the public welfare or injurious to the individual. The person in charge of a licensed hospital may grant a trial or home visit to an individual in accordance with regulations adopted by the Board.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14803,"edition_id":1,"name":"Discharge and Transfers","identifier":"7","label":"article","depth":4,"order_by":1,"parent_id":12890,"metadata":{},"date_created":"2026-06-26 03:50:02","date_modified":"2026-06-26 03:50:02","permalink":{"id":210455,"object_type":"structure","relational_id":14803,"identifier":"7","token":"37.2\/III\/8\/7","url":"\/37.2\/III\/8\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12890,"edition_id":1,"name":"Emergency Custody and Voluntary and Involuntary Civil Admissions","identifier":"8","label":"chapter","depth":3,"order_by":1,"parent_id":12889,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":210257,"object_type":"structure","relational_id":12890,"identifier":"8","token":"37.2\/III\/8","url":"\/37.2\/III\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12889,"edition_id":1,"name":"Admissions and Dispositions","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12843,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":210255,"object_type":"structure","relational_id":12889,"identifier":"III","token":"37.2\/III","url":"\/37.2\/III\/","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":80976,"structure_id":14803,"section_number":"37.2-837","catch_line":"Discharge from state hospitals or training centers, conditional release, and trial or home visits for individuals","url":"\/37.2-837\/","token":"37.2\/III\/8\/7\/37.2-837","metadata":false},{"id":56627,"structure_id":14803,"section_number":"37.2-838","catch_line":"Discharge of individuals from a licensed hospital","url":"\/37.2-838\/","token":"37.2\/III\/8\/7\/37.2-838","metadata":false},{"id":71730,"structure_id":14803,"section_number":"37.2-839","catch_line":"Exchange of information between community services boards or behavioral health authorities and state facilities","url":"\/37.2-839\/","token":"37.2\/III\/8\/7\/37.2-839","metadata":false},{"id":67119,"structure_id":14803,"section_number":"37.2-840","catch_line":"Transfer of individuals receiving services","url":"\/37.2-840\/","token":"37.2\/III\/8\/7\/37.2-840","metadata":false},{"id":79882,"structure_id":14803,"section_number":"37.2-841","catch_line":"Admission of veteran to, or transfer to or from, a Veterans Affairs hospital, center, or other facility or installation","url":"\/37.2-841\/","token":"37.2\/III\/8\/7\/37.2-841","metadata":false},{"id":86643,"structure_id":14803,"section_number":"37.2-842","catch_line":"Veterans admitted or transferred to Veterans Affairs hospital, center, or other facility or installation subject to rules; power and authority of medical officer in charge","url":"\/37.2-842\/","token":"37.2\/III\/8\/7\/37.2-842","metadata":false},{"id":70731,"structure_id":14803,"section_number":"37.2-843","catch_line":"Providing drugs or medicines for certain individuals discharged from state facilities","url":"\/37.2-843\/","token":"37.2\/III\/8\/7\/37.2-843","metadata":false}],"previous_section":{"id":80976,"structure_id":14803,"section_number":"37.2-837","catch_line":"Discharge from state hospitals or training centers, conditional release, and trial or home visits for individuals","url":"\/37.2-837\/","token":"37.2\/III\/8\/7\/37.2-837","metadata":false},"next_section":{"id":71730,"structure_id":14803,"section_number":"37.2-839","catch_line":"Exchange of information between community services boards or behavioral health authorities and state facilities","url":"\/37.2-839\/","token":"37.2\/III\/8\/7\/37.2-839","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-838\/","history_text":"

This law was first created in 1968. The record of its establishment is cataloged in chapter 477 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 1968 \u201cActs\u201d aren\u2019t available online. It has been modified 5 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 1976, chapter 671; in 1980, chapters 582 and 583; in 2005, chapter 716<\/a>; in 2012, chapters 476<\/a> and 507<\/a>; in 2016, chapter 688<\/a>.<\/p>","references":[{"id":68004,"section_number":"37.2-814","catch_line":"(Effective July 1, 2026) Commitment hearing for involuntary admission; written explanation; right to counsel; rights of petitioner","order_by":null,"url":"\/37.2-814\/"},{"id":71749,"section_number":"37.2-817.01","catch_line":"Mandatory outpatient treatment","order_by":null,"url":"\/37.2-817.01\/"},{"id":75804,"section_number":"37.2-821","catch_line":"Appeal of involuntary admission or certification order","order_by":null,"url":"\/37.2-821\/"}],"refers_to":[{"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":77307,"section_number":"54.1-2981","catch_line":"Short title","order_by":null,"url":"\/54.1-2981\/"},{"id":62832,"section_number":"54.1-2984","catch_line":"Suggested form of written advance directives","order_by":null,"url":"\/54.1-2984\/"}],"permalink":{"id":210461,"object_type":"law","relational_id":56627,"identifier":"37.2-838","token":"37.2\/III\/8\/7\/37.2-838","url":"\/37.2-838\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-838\/","token":"37.2\/III\/8\/7\/37.2-838","dublin_core":{"Title":"Discharge of individuals from a licensed hospital","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-838","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The person in charge of a licensed hospital<\/span> may discharge any individual<\/span> involuntarily admitted who is recovered or, if not recovered, whose discharge will not be detrimental to the public welfare or injurious to the individual<\/span>, or who meets other criteria as specified in \u00a7 37.2-837<\/a>. Prior to discharging any individual<\/span> who has not executed an advance directive, the person in charge of a licensed hospital<\/span> or his designee shall give to the individual<\/span> a written explanation of the procedures for executing an advance directive in accordance with the Health Care Decisions Act (\u00a7 54.1-2981<\/a> et seq.) and an advance directive form, which may be the form set forth in \u00a7 54.1-2984<\/a>. The person in charge of the licensed hospital<\/span> may refuse to discharge any individual<\/span> involuntarily admitted, if, in his judgment<\/span>, the discharge will be detrimental to the public welfare or injurious to the individual<\/span>. The person in charge of a licensed hospital<\/span> may grant a trial<\/span> or home visit to an individual<\/span> in accordance with regulations adopted by the Board<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISCHARGE OF INDIVIDUALS FROM A LICENSED HOSPITAL (\u00a7 37.2-838)\n\nThe person in charge of a licensed hospital may discharge any individual\ninvoluntarily admitted who is recovered or, if not recovered, whose discharge\nwill not be detrimental to the public welfare or injurious to the individual, or\nwho meets other criteria as specified in \u00a7 37.2-837. Prior to discharging any\nindividual who has not executed an advance directive, the person in charge of a\nlicensed hospital or his designee shall give to the individual a written\nexplanation of the procedures for executing an advance directive in accordance\nwith the Health Care Decisions Act (\u00a7 54.1-2981 et seq.) and an advance\ndirective form, which may be the form set forth in \u00a7 54.1-2984. The person in\ncharge of the licensed hospital may refuse to discharge any individual\ninvoluntarily admitted, if, in his judgment, the discharge will be detrimental\nto the public welfare or injurious to the individual. The person in charge of a\nlicensed hospital may grant a trial or home visit to an individual in accordance\nwith regulations adopted by the Board.\n\nHISTORY: 1968, c. 477, \u00a7 37.1-99; 1976, c. 671; 1980, cc. 582, 583; 2005, c.\n716; 2012, cc. 476, 507; 2016, c. 688.","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}}