A. As used in this section:
"Principal" means an adult with an intellectual or developmental disability who seeks to enter or has entered into a supported decision-making agreement with a supporter.
"Supported decision-making agreement" means an agreement between a principal and a supporter that sets out the specific terms of support to be provided by the supporter, including (i) helping the principal monitor and manage his medical, financial, and other affairs; (ii) assisting the principal in accessing, obtaining, and understanding information relevant to decisions regarding his affairs; (iii) assisting the principal in understanding information, options, responsibilities, and consequences of decisions; and (iv) ascertaining the wishes and decisions of the principal regarding his affairs, assisting in communicating such wishes and decisions to other persons, and advocating to ensure the wishes and decisions of the principal are implemented.
"Supporter" means a person who has entered into a supported decision-making agreement with a principal.
B. The Department shall develop and implement a program to educate individuals with intellectual and developmental disabilities, their families, and others regarding the availability of supported decision-making agreements, the process by which an individual with an intellectual or developmental disability may enter into a supported decision-making agreement with a supporter, and the rights and responsibilities of principals and supporters who are parties to a supported decision-making agreement. Such program shall include (i) specific training opportunities for individuals with intellectual and developmental disabilities and who seek to enter into supported decision-making agreements, individuals interested in serving as supporters pursuant to supported decision-making agreements, family members of principals and individuals with intellectual and developmental disabilities who seek to enter into supported decision-making agreements, and members of the medical, legal, and financial professions and other individuals who provide services to individuals with intellectual and developmental disabilities who may enter into supported decision-making agreements and (ii) development of model supported decision-making agreements for individuals who seek to enter into supported decision-making agreements. Such program shall also include development of information about and protocols for preventing, identifying, and addressing abuse and exploitation of individuals with intellectual and developmental disabilities who enter into supported decision-making agreements.
C. The Department shall collect data regarding the utilization of supported decision-making agreements in the Commonwealth to guide the development of policies and programs to enhance the use of supported decision-making agreements and shall report such information together with recommendations to enhance the utilization of supported decision-making agreements annually to the Governor and the General Assembly by November 1.
2021, Sp. Sess. I, c. 232.
Structure Code of Virginia
Title 37.2 - Behavioral Health and Developmental Services
Chapter 3 - Department of Behavioral Health and Developmental Services
§ 37.2-300. Creation and supervision of Department
§ 37.2-301. Appointment of Commissioner
§ 37.2-302. Term of office and vacancy therein
§ 37.2-303. Qualifications of Commissioner
§ 37.2-304. Duties of Commissioner
§ 37.2-305. Receiving gifts and endowments
§ 37.2-308. Data reporting on children and adolescents
§ 37.2-308.01. Commitment hearings for involuntary admissions; data sharing
§ 37.2-308.1. Acute psychiatric bed registry
§ 37.2-310. Powers and duties of Department related to substance abuse
§ 37.2-311.2. Powers and duties of crisis call center
§ 37.2-311.3. Standards for community care teams and mobile crisis teams
§ 37.2-311.4. Crisis Call Center Fund
§ 37.2-311.5. Collection of 988 charges
§ 37.2-311.6. Liability for emergency calls to the National Suicide Prevention Lifeline
§ 37.2-312. Department responsible for education and training programs
§ 37.2-312.1. Department to be lead agency for suicide prevention across the lifespan
§ 37.2-312.2. Commonwealth Mental Health First Aid Program
§ 37.2-313. Employment of unlicensed physician by Department
§ 37.2-313.1. Licensed physician required at certain training centers
§ 37.2-314. Background check required
§ 37.2-314.2. Problem Gambling Treatment and Support Fund
§ 37.2-316. System restructuring; state and community consensus and planning team required
§ 37.2-318. Behavioral Health and Developmental Services Trust Fund established; purpose
§ 37.2-319. Administration of Behavioral Health and Developmental Services Trust Fund