                                 CODE OF VIRGINIA

DEFINITIONS (§ 37.2-100)

As used in this title, unless the context requires a different meaning:
		&#8220;Abuse&#8221; means any act or failure to act by an employee or other
person responsible for the care of an individual in a facility or program
operated, licensed, or funded by the Department, excluding those operated by the
Department of Corrections, that was performed or was failed to be performed
knowingly, recklessly, or intentionally, and that caused or might have caused
physical or psychological harm, injury, or death to an individual receiving care
or treatment for mental illness, developmental disabilities, or substance abuse.
Examples of abuse include acts such as:

1. Rape, sexual assault, or other criminal sexual behavior;

2. Assault or battery;

3. Use of language that demeans, threatens, intimidates, or humiliates the
individual;

4. Misuse or misappropriation of the individual&#8217;s assets, goods, or
property;

5. Use of excessive force when placing an individual in physical or mechanical
restraint;

6. Use of physical or mechanical restraints on an individual that is not in
compliance with federal and state laws, regulations, and policies,
professionally accepted standards of practice, or his individualized services
plan; and

7. Use of more restrictive or intensive services or denial of services to punish
an individual or that is not consistent with his individualized services plan.
			&#8220;Administrative policy community services board&#8221; or
&#8220;administrative policy board&#8221; means the public body organized in
accordance with the provisions of Chapter 5 (&#xA7; 37.2-500 et seq.) that is
appointed by and accountable to the governing body of each city and county that
established it to set policy for and administer the provision of mental health,
developmental, and substance abuse services. The &#8220;administrative policy
community services board&#8221; or &#8220;administrative policy board&#8221;
denotes the board, the members of which are appointed pursuant to &#xA7;
37.2-501 with the powers and duties enumerated in subsection A of &#xA7;
37.2-504 and &#xA7; 37.2-505. Mental health, developmental, and substance abuse
services are provided through local government staff or through contracts with
other organizations and providers.
			&#8220;Behavioral health authority&#8221; or &#8220;authority&#8221; means a
public body and a body corporate and politic organized in accordance with the
provisions of Chapter 6 (&#xA7; 37.2-600 et seq.) that is appointed by and
accountable to the governing body of the city or county that established it for
the provision of mental health, developmental, and substance abuse services.
&#8220;Behavioral health authority&#8221; or &#8220;authority&#8221; also
includes the organization that provides these services through its own staff or
through contracts with other organizations and providers.
			&#8220;Behavioral health services&#8221; means the full range of mental
health and substance abuse services.
			&#8220;Board&#8221; means the State Board of Behavioral Health and
Developmental Services.
			&#8220;Commissioner&#8221; means the Commissioner of Behavioral Health and
Developmental Services.
			&#8220;Community services board&#8221; means the public body established
pursuant to &#xA7; 37.2-501 that provides mental health, developmental, and
substance abuse services within each city and county that established it; the
term &#8220;community services board&#8221; shall include administrative policy
community services boards, operating community services boards, and local
government departments with policy-advisory community services boards.
			&#8220;Department&#8221; means the Department of Behavioral Health and
Developmental Services.
			&#8220;Developmental disability&#8221; means a severe, chronic disability of
an individual that (i) is attributable to a mental or physical impairment, or a
combination of mental and physical impairments, other than a sole diagnosis of
mental illness; (ii) is manifested before the individual reaches 22 years of
age; (iii) is likely to continue indefinitely; (iv) results in substantial
functional limitations in three or more of the following areas of major life
activity: self-care, receptive and expressive language, learning, mobility,
self-direction, capacity for independent living, or economic self-sufficiency;
and (v) reflects the individual&#8217;s need for a combination and sequence of
special interdisciplinary or generic services, individualized supports, or other
forms of assistance that are of lifelong or extended duration and are
individually planned and coordinated. An individual from birth to age nine,
inclusive, who has a substantial developmental delay or specific congenital or
acquired condition may be considered to have a developmental disability without
meeting three or more of the criteria described in clauses (i) through (v) if
the individual, without services and supports, has a high probability of meeting
those criteria later in life.
			&#8220;Developmental services&#8221; means planned, individualized, and
person-centered services and supports provided to individuals with developmental
disabilities for the purpose of enabling these individuals to increase their
self-determination and independence, obtain employment, participate fully in all
aspects of community life, advocate for themselves, and achieve their fullest
potential to the greatest extent possible.
			&#8220;Facility&#8221; means a state or licensed hospital, training center,
psychiatric hospital, or other type of residential or outpatient mental health
or developmental services facility. When modified by the word
&#8220;state,&#8221; &#8220;facility&#8221; means a state hospital or training
center operated by the Department, including the buildings and land associated
with it.
			&#8220;Family member&#8221; means an immediate family member of an individual
receiving services or the principal caregiver of that individual. A principal
caregiver is a person who acts in the place of an immediate family member,
including other relatives and foster care providers, but does not have a
proprietary interest in the care of the individual receiving services.
			&#8220;Hospital,&#8221; when not modified by the words &#8220;state&#8221; or
&#8220;licensed,&#8221; means a state hospital and a licensed hospital that
provides care and treatment for persons with mental illness.
			&#8220;Individual receiving services&#8221; or &#8220;individual&#8221; means
a current direct recipient of public or private mental health, developmental, or
substance abuse treatment, rehabilitation, or habilitation services and includes
the terms &#8220;consumer,&#8221; &#8220;patient,&#8221; &#8220;resident,&#8221;
&#8220;recipient,&#8221; or &#8220;client.&#8221;
			&#8220;Intellectual disability&#8221; means a disability, originating before
the age of 18 years, characterized concurrently by (i) significant subaverage
intellectual functioning as demonstrated by performance on a standardized
measure of intellectual functioning, administered in conformity with accepted
professional practice, that is at least two standard deviations below the mean
and (ii) significant limitations in adaptive behavior as expressed in
conceptual, social, and practical adaptive skills.
			&#8220;Licensed hospital&#8221; means a hospital or institution, including a
psychiatric unit of a general hospital, that is licensed pursuant to the
provisions of this title.
			&#8220;Mental health services&#8221; means planned individualized
interventions intended to reduce or ameliorate mental illness or the effects of
mental illness through care, treatment, counseling, rehabilitation, medical or
psychiatric care, or other supports provided to individuals with mental illness
for the purpose of enabling these individuals to increase their
self-determination and independence, obtain remunerative employment, participate
fully in all aspects of community life, advocate for themselves, and achieve
their fullest potential to the greatest extent possible.
			&#8220;Mental illness&#8221; means a disorder of thought, mood, emotion,
perception, or orientation that significantly impairs judgment, behavior,
capacity to recognize reality, or ability to address basic life necessities and
requires care and treatment for the health, safety, or recovery of the
individual or for the safety of others.
			&#8220;Neglect&#8221; means failure by a person or a program or facility
operated, licensed, or funded by the Department, excluding those operated by the
Department of Corrections, responsible for providing services to do so,
including nourishment, treatment, care, goods, or services necessary to the
health, safety, or welfare of an individual receiving care or treatment for
mental illness, developmental disabilities, or substance abuse.
			&#8220;Operating community services board&#8221; or &#8220;operating
board&#8221; means the public body organized in accordance with the provisions
of Chapter 5 (&#xA7; 37.2-500 et seq.) that is appointed by and accountable to
the governing body of each city and county that established it for the direct
provision of mental health, developmental, and substance abuse services. The
&#8220;operating community services board&#8221; or &#8220;operating
board&#8221; denotes the board, the members of which are appointed pursuant to
&#xA7; 37.2-501 with the powers and duties enumerated in subsection A of &#xA7;
37.2-504 and &#xA7; 37.2-505. &#8220;Operating community services board&#8221;
or &#8220;operating board&#8221; also includes the organization that provides
such services, through its own staff or through contracts with other
organizations and providers.
			&#8220;Performance contract&#8221; means the annual agreement negotiated and
entered into by a community services board or behavioral health authority with
the Department through which it provides state and federal funds appropriated
for mental health, developmental, and substance abuse services to that community
services board or behavioral health authority.
			&#8220;Policy-advisory community services board&#8221; or
&#8220;policy-advisory board&#8221; means the public body organized in
accordance with the provisions of Chapter 5 that is appointed by and accountable
to the governing body of each city or county that established it to provide
advice on policy matters to the local government department that provides mental
health, developmental, and substance abuse services pursuant to subsection A of
&#xA7; 37.2-504 and &#xA7; 37.2-505. The &#8220;policy-advisory community
services board&#8221; or &#8220;policy-advisory board&#8221; denotes the board,
the members of which are appointed pursuant to &#xA7; 37.2-501 with the powers
and duties enumerated in subsection B of &#xA7; 37.2-504.
			&#8220;Service area&#8221; means the city or county or combination of cities
and counties or counties or cities that is served by a community services board
or behavioral health authority or the cities and counties that are served by a
state facility.
			&#8220;Special justice&#8221; means a person appointed by a chief judge of a
judicial circuit for the purpose of performing the duties of a judge pursuant to
&#xA7; 37.2-803.
			&#8220;State hospital&#8221; means a hospital, psychiatric institute, or
other institution operated by the Department that provides care and treatment
for persons with mental illness.
			&#8220;Substance abuse&#8221; means the use of drugs, enumerated in the
Virginia Drug Control Act (&#xA7; 54.1-3400 et seq.), without a compelling
medical reason or alcohol that (i) results in psychological or physiological
dependence or danger to self or others as a function of continued and compulsive
use or (ii) results in mental, emotional, or physical impairment that causes
socially dysfunctional or socially disordering behavior and (iii), because of
such substance abuse, requires care and treatment for the health of the
individual. This care and treatment may include counseling, rehabilitation, or
medical or psychiatric care.
			&#8220;Training center&#8221; means a facility operated by the Department
that provides training, habilitation, or other individually focused supports to
persons with intellectual disability.

HISTORY: Code 1950, §§ 37-1.1, 37-34.2:1, 37-254.1; 1950, pp. 899, 935; 1954,
c. 668; 1958, c. 556; 1960, c. 133; 1964, cc. 483, 640; 1968, c. 477, § 37.1-1;
1972, cc. 635, 639; 1973, c. 465; 1974, c. 301; 1976, cc. 671, 767, § 37.1-203;
1979, c. 54; 1980, c. 582; 1982, c. 50; 1983, c. 538; 1984, c. 209; 1987, c.
413; 1994, c. 939; 1995, c. 693, § 15.1-1677; 1996, c. 861; 1997, c. 587, §
37.1-243; 1998, cc. 680, 724, § 37.1-194.1; 1999, c. 969; 2005, c. 716; 2009,
cc. 813, 840; 2012, cc. 476, 507; 2015, c. 750; 2017, c. 458.