                                 CODE OF VIRGINIA

TEMPORARY DETENTION IN HOSPITAL FOR TESTING, OBSERVATION, OR TREATMENT (§
37.2-1104)

A. The court or, if the court is unavailable, a magistrate serving the
jurisdiction where the respondent is located may, with the advice of a licensed
physician who has attempted to obtain informed consent of an adult person to
treatment of a mental or physical condition, issue an order authorizing
temporary detention of the adult person in a hospital emergency department or
other appropriate facility for testing, observation, or treatment upon a finding
that (i) probable cause exists to believe the person is incapable of making or
communicating an informed decision regarding treatment of a physical or mental
condition due to a mental or physical condition, including intoxication and (ii)
the medical standard of care calls for observation, testing, or treatment within
the next 24 hours to prevent injury, disability, death, or other harm to the
person resulting from such mental or physical condition.

B. When a mental or physical condition to be treated appears to be a result of
intoxication, a licensed physician who has attempted to obtain informed consent
of an adult person for treatment of such mental or physical condition appearing
to be a result of intoxication may seek an order from the magistrate or court in
the jurisdiction where the respondent is located authorizing temporary detention
of the adult person in a hospital emergency department or other appropriate
facility for testing, observation, or treatment upon a finding that (i) probable
cause exists to believe the person&#8217;s intoxication has rendered the person
incapable of making or communicating an informed decision regarding treatment
and (ii) the medical standard of care calls for observation, testing, or
treatment within the next 24 hours to prevent injury, disability, death, or
other harm to the person or another person resulting from such intoxication.

C. The duration of temporary detention pursuant to this section shall not exceed
24 hours, unless extended by the court as part of an order authorizing treatment
under &#xA7; 37.2-1101. If, before completion of authorized testing,
observation, or treatment, the physician determines that a person subject to an
order under this subsection has become capable of making and communicating an
informed decision, the physician shall rely on the person&#8217;s decision on
whether to consent to further testing, observation, or treatment. If, before
issuance of an order under this subsection or during its period of
effectiveness, the physician learns of an objection by a member of the
person&#8217;s immediate family to the testing, observation, or treatment, he
shall so notify the court or magistrate, who shall consider the objection in
determining whether to issue, modify, or terminate the order.

D. (Expires July 1, 2026) A court or, if the court is unavailable or pursuant to
subsection B, a magistrate serving the jurisdiction may issue an order
authorizing temporary detention for testing, observation, or treatment for a
person who is also the subject of an emergency custody order issued pursuant to
&#xA7; 37.2-808, if such person meets the criteria set forth in subsection A or
B. In any case in which an order for temporary detention for testing,
observation, or treatment is issued for a person who is also the subject of an
emergency custody order pursuant to &#xA7; 37.2-808, the hospital emergency room
or other appropriate facility in which the person is detained for testing,
observation, or treatment shall notify the nearest community services board when
such testing, observation, or treatment is complete, and the designee of the
community services board or certified evaluator, as defined in &#xA7; 37.2-809,
shall, as soon as is practicable and prior to the expiration of the order for
temporary detention issued pursuant to subsection A or B, conduct an evaluation
of the person to determine if he meets the criteria for temporary detention
pursuant to &#xA7; 37.2-809.
			D (Effective July 1, 2026) A court or, if the court is unavailable or
pursuant to subsection B, a magistrate serving the jurisdiction may issue an
order authorizing temporary detention for testing, observation, or treatment for
a person who is also the subject of an emergency custody order issued pursuant
to &#xA7; 37.2-808, if such person meets the criteria set forth in subsection A
or B. In any case in which an order for temporary detention for testing,
observation, or treatment is issued for a person who is also the subject of an
emergency custody order pursuant to &#xA7; 37.2-808, the hospital emergency room
or other appropriate facility in which the person is detained for testing,
observation, or treatment shall notify the nearest community services board when
such testing, observation, or treatment is complete, and the designee of the
community services board shall, as soon as is practicable and prior to the
expiration of the order for temporary detention issued pursuant to subsection A
or B, conduct an evaluation of the person to determine if he meets the criteria
for temporary detention pursuant to &#xA7; 37.2-809.

E. For any person who has received testing, observation, or treatment while
under a temporary detention order pursuant to this section, if the person does
not meet criteria for a temporary detention order pursuant to &#xA7; 37.2-809,
the evaluator or treating health care professional shall consider, prior to the
person&#8217;s release or the expiration of the temporary detention order
pursuant to this section, whether referral of the person to a community-based
outpatient stabilization program for voluntary treatment is appropriate.

HISTORY: 1997, c. 921, § 37.1-134.21; 1999, cc. 814, 946, 985; 2003, c. 790;
2004, cc. 66, 104, 1014; 2005, c. 716; 2008, cc. 551, 691; 2015, c. 659; 2020,
cc. 1233, 1267; 2023, cc. 174, 175; 2024, c. 780; 2025, c. 504.