{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-840.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-840.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-840.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-840.html"}],"law_id":67119,"edition_id":1,"section_id":67119,"structure_id":14803,"section_number":"37.2-840","catch_line":"Transfer of individuals receiving services","history":"Code 1950, \u00a7\u00a7 37-7, 37-126.1; 1950, pp. 900, 918; 1968, c. 477, \u00a7\u00a7 37.1-48, 37.1-86, 37.1-99; 1970, c. 673, \u00a7 37.1-78.1; 1976, c. 671; 1980, cc. 582, 583; 1984, c. 174; 1986, c. 349; 2005, c. 716; 2012, cc. 476, 507.","full_text":"A\n\nThe Commissioner may order the transfer of an individual receiving services from one state hospital to another or from one training center to another. When so transferred, in accordance with appropriate admission, certification, or involuntary admission criteria as provided in this chapter, the individual is hereby declared to be lawfully admitted to the state facility to which he is transferred.B\n\nIf the guardian, conservator, or relative of an individual receiving services in a licensed hospital refuses or is otherwise unable to provide properly for his care and treatment, the person in charge of the licensed hospital may:1\n\nApply to the Commissioner for the transfer of the individual to a state hospital, or2\n\nApply to the Director of the United States Veterans Affairs Medical Center for the transfer of the individual to the center.\n\t\t\t\tUpon the transfer, the state hospital or Veterans Affairs Medical Center may admit the individual under the authority of the admission or order applicable to the licensed hospital from which the individual was transferred. The transfer shall not alter any right of an individual under the provisions of Chapter 8 (§ 37.2-800 et seq.) of Title 37.2 nor shall the transfer divest a judge or special justice before whom a hearing or request therefor is pending of jurisdiction to conduct a hearing. Prior to accepting the transfer of any individual from a licensed hospital, the Commissioner shall receive from that hospital a report that indicates that the individual is in need of further hospitalization. Upon admission of an individual to a state hospital pursuant to this section, the director of the state hospital shall notify the community services board or behavioral health authority that serves the city or county where the admitted individual resides of the individual’s name and local address and of the location of the state hospital to which the individual has been admitted, provided that the individual or his guardian has authorized the release of the information.C\n\nWhenever an individual is admitted by a state hospital or training center, the Commissioner, upon a recommendation by the community services board or behavioral health authority serving the individual’s county or city of residence prior to his admission to the hospital or training center, may order the transfer of the individual to any other hospital, training center, or Veterans Affairs hospital, center, or other facility or installation. Such other hospital, training center, or Veterans Affairs hospital, center, or other facility or installation may admit the individual under the authority of the admission or order applicable to the hospital or training center from which the individual was transferred. The transfer shall not alter any right of the individual under the provisions of this chapter nor shall the transfer divest a judge or special justice before whom a hearing or request therefor is pending of jurisdiction to conduct such hearing.","order_by":null,"text":{"0":{"id":243248,"text":"The Commissioner may order the transfer of an individual receiving services from one state hospital to another or from one training center to another. When so transferred, in accordance with appropriate admission, certification, or involuntary admission criteria as provided in this chapter, the individual is hereby declared to be lawfully admitted to the state facility to which he is transferred.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":243249,"text":"If the guardian, conservator, or relative of an individual receiving services in a licensed hospital refuses or is otherwise unable to provide properly for his care and treatment, the person in charge of the licensed hospital may:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":243250,"text":"Apply to the Commissioner for the transfer of the individual to a state hospital, or","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":243251,"text":"Apply to the Director of the United States Veterans Affairs Medical Center for the transfer of the individual to the center.\n\t\t\t\tUpon the transfer, the state hospital or Veterans Affairs Medical Center may admit the individual under the authority of the admission or order applicable to the licensed hospital from which the individual was transferred. The transfer shall not alter any right of an individual under the provisions of Chapter 8 (§ 37.2-800 et seq.) of Title 37.2 nor shall the transfer divest a judge or special justice before whom a hearing or request therefor is pending of jurisdiction to conduct a hearing. Prior to accepting the transfer of any individual from a licensed hospital, the Commissioner shall receive from that hospital a report that indicates that the individual is in need of further hospitalization. Upon admission of an individual to a state hospital pursuant to this section, the director of the state hospital shall notify the community services board or behavioral health authority that serves the city or county where the admitted individual resides of the individual’s name and local address and of the location of the state hospital to which the individual has been admitted, provided that the individual or his guardian has authorized the release of the information.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"4":{"id":243252,"text":"Whenever an individual is admitted by a state hospital or training center, the Commissioner, upon a recommendation by the community services board or behavioral health authority serving the individual’s county or city of residence prior to his admission to the hospital or training center, may order the transfer of the individual to any other hospital, training center, or Veterans Affairs hospital, center, or other facility or installation. Such other hospital, training center, or Veterans Affairs hospital, center, or other facility or installation may admit the individual under the authority of the admission or order applicable to the hospital or training center from which the individual was transferred. The transfer shall not alter any right of the individual under the provisions of this chapter nor shall the transfer divest a judge or special justice before whom a hearing or request therefor is pending of jurisdiction to conduct such hearing.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-840\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 8 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 1968, chapter 477; in 1970, chapter 673; in 1976, chapter 671; in 1980, chapters 582 and 583; in 1984, chapter 174; in 1986, chapter 349; in 2005, chapter 716<\/a>; in 2012, chapters 476<\/a> and 507<\/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\/"}],"refers_to":[{"id":76779,"section_number":"37.2-800","catch_line":"(Effective July 1, 2026). Applicability of chapter","order_by":null,"url":"\/37.2-800\/"}],"permalink":{"id":210469,"object_type":"law","relational_id":67119,"identifier":"37.2-840","token":"37.2\/III\/8\/7\/37.2-840","url":"\/37.2-840\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-840\/","token":"37.2\/III\/8\/7\/37.2-840","dublin_core":{"Title":"Transfer of individuals receiving services","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-840","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commissioner<\/span> may order<\/span> the transfer of an individual receiving services<\/span> from one state hospital<\/span> to another or from one training center<\/span> to another. When so transferred, in accordance with appropriate admission, certification, or involuntary admission criteria as provided in this chapter, the individual is hereby declared to be lawfully admitted to the state facility<\/span> to which he is transferred. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the guardian, conservator, or relative of an individual receiving services<\/span> in a licensed hospital<\/span> refuses or is otherwise unable to provide properly for his care and treatment, the person in charge of the licensed hospital<\/span> may: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Apply to the Commissioner<\/span> for the transfer of the individual to a state hospital<\/span>, or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Apply to the Director of the United States<\/span> Veterans Affairs Medical Center for the transfer of the individual to the center.\n\t\t\t\tUpon the transfer, the state hospital<\/span> or Veterans Affairs Medical Center may admit the individual under the authority of the admission or order<\/span> applicable to the licensed hospital<\/span> from which the individual was transferred. The transfer shall not alter any right of an individual under the provisions of Chapter 8 (§ 37.2-800<\/a> et seq.) of Title 37.2 nor shall the transfer divest a judge<\/span> or special justice<\/span> before whom a hearing<\/span> or request therefor is pending of jurisdiction<\/span> to conduct a hearing<\/span>. Prior to accepting the transfer of any individual from a licensed hospital<\/span>, the Commissioner<\/span> shall receive from that hospital a report that indicates that the individual is in need of further hospitalization. Upon admission of an individual to a state hospital<\/span> pursuant to this section, the director of the state hospital<\/span> shall notify the community services board<\/span> or behavioral health authority<\/span> that serves the city or county where the admitted individual resides of the individual’s name and local address and of the location of the state hospital<\/span> to which the individual has been admitted, provided that the individual or his guardian has authorized the release of the information. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Whenever an individual is admitted by a state hospital<\/span> or training center<\/span>, the Commissioner<\/span>, upon a recommendation by the community services board<\/span> or behavioral health authority<\/span> serving the individual’s county or city of residence prior to his admission to the hospital or training center<\/span>, may order<\/span> the transfer of the individual to any other hospital, training center<\/span>, or Veterans Affairs hospital, center, or other facility<\/span> or installation. Such other hospital, training center<\/span>, or Veterans Affairs hospital, center, or other facility<\/span> or installation may admit the individual under the authority of the admission or order<\/span> applicable to the hospital or training center<\/span> from which the individual was transferred. The transfer shall not alter any right of the individual under the provisions of this chapter nor shall the transfer divest a judge<\/span> or special justice<\/span> before whom a hearing<\/span> or request therefor is pending of jurisdiction<\/span> to conduct such hearing<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTRANSFER OF INDIVIDUALS RECEIVING SERVICES (\u00a7 37.2-840)\n\nA. The Commissioner may order the transfer of an individual receiving services\nfrom one state hospital to another or from one training center to another. When\nso transferred, in accordance with appropriate admission, certification, or\ninvoluntary admission criteria as provided in this chapter, the individual is\nhereby declared to be lawfully admitted to the state facility to which he is\ntransferred.\n\nB. If the guardian, conservator, or relative of an individual receiving services\nin a licensed hospital refuses or is otherwise unable to provide properly for\nhis care and treatment, the person in charge of the licensed hospital may:\n\n 1. Apply to the Commissioner for the transfer of the individual to a state\n hospital, or\n\n 2. Apply to the Director of the United States Veterans Affairs Medical Center\n for the transfer of the individual to the center.\n \t\t\t\tUpon the transfer, the state hospital or Veterans Affairs Medical Center\n may admit the individual under the authority of the admission or order\n applicable to the licensed hospital from which the individual was transferred.\n The transfer shall not alter any right of an individual under the provisions\n of Chapter 8 (§ 37.2-800 et seq.) of Title 37.2 nor shall the transfer\n divest a judge or special justice before whom a hearing or request therefor is\n pending of jurisdiction to conduct a hearing. Prior to accepting the transfer\n of any individual from a licensed hospital, the Commissioner shall receive\n from that hospital a report that indicates that the individual is in need of\n further hospitalization. Upon admission of an individual to a state hospital\n pursuant to this section, the director of the state hospital shall notify the\n community services board or behavioral health authority that serves the city\n or county where the admitted individual resides of the individual’s name\n and local address and of the location of the state hospital to which the\n individual has been admitted, provided that the individual or his guardian has\n authorized the release of the information.\n\nC. Whenever an individual is admitted by a state hospital or training center,\nthe Commissioner, upon a recommendation by the community services board or\nbehavioral health authority serving the individual’s county or city of\nresidence prior to his admission to the hospital or training center, may order\nthe transfer of the individual to any other hospital, training center, or\nVeterans Affairs hospital, center, or other facility or installation. Such other\nhospital, training center, or Veterans Affairs hospital, center, or other\nfacility or installation may admit the individual under the authority of the\nadmission or order applicable to the hospital or training center from which the\nindividual was transferred. The transfer shall not alter any right of the\nindividual under the provisions of this chapter nor shall the transfer divest a\njudge or special justice before whom a hearing or request therefor is pending of\njurisdiction to conduct such hearing.\n\nHISTORY: Code 1950, \u00a7\u00a7 37-7, 37-126.1; 1950, pp. 900, 918; 1968, c. 477, \u00a7\u00a7\n37.1-48, 37.1-86, 37.1-99; 1970, c. 673, \u00a7 37.1-78.1; 1976, c. 671; 1980, cc.\n582, 583; 1984, c. 174; 1986, c. 349; 2005, c. 716; 2012, cc. 476, 507.","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}}