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 § 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 (§ 54.1-2981 et seq.) and an advance directive form, which may be the form set forth in § 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.
1968, c. 477, § 37.1-99; 1976, c. 671; 1980, cc. 582, 583; 2005, c. 716; 2012, cc. 476, 507; 2016, c. 688.
Structure Code of Virginia
Title 37.2 - Behavioral Health and Developmental Services
Chapter 8 - Emergency Custody and Voluntary and Involuntary Civil Admissions
§ 37.2-800. Applicability of chapter
§ 37.2-801. Admission procedures; forms
§ 37.2-802. Interpreters in admission or certification proceedings
§ 37.2-803. Special justices to perform duties of judge
§ 37.2-804.1. Use of electronic communication
§ 37.2-804.2. Disclosure of records
§ 37.2-805. (Effective until October 1, 2022) Voluntary admission
§ 37.2-805. (Effective October 1, 2022) Voluntary admission
§ 37.2-805.1. Admission of incapacitated persons pursuant to advance directives or by guardians
§ 37.2-807. Emergency or respite care admissions to training centers
§ 37.2-808. Emergency custody; issuance and execution of order
§ 37.2-809. Involuntary temporary detention; issuance and execution of order
§ 37.2-809.1. Facility of temporary detention
§ 37.2-810. Transportation of person in the temporary detention process
§ 37.2-811. Emergency treatment of inmates in the custody of local correctional facilities
§ 37.2-816. Commitment hearing for involuntary admission; preadmission screening report
§ 37.2-817. (Effective until October 1, 2022) Involuntary admission and mandatory outpatient orders
§ 37.2-817. (Effective October 1, 2022) Involuntary admission
§ 37.2-817.01. (Effective October 1, 2022) Mandatory outpatient treatment
§ 37.2-817.3. Rescission of mandatory outpatient treatment order
§ 37.2-817.4. (Effective until October 1, 2022) Continuation of mandatory outpatient treatment order
§ 37.2-817.4. (Effective October 1, 2022) Continuation of mandatory outpatient treatment order
§ 37.2-818. Commitment hearing for involuntary admission; recordings and records
§ 37.2-821. (Effective until October 1, 2022) Appeal of involuntary admission or certification order
§ 37.2-821. (Effective October 1, 2022) Appeal of involuntary admission or certification order
§ 37.2-822. Treatment of person admitted while appeal is pending
§ 37.2-823. Examination of admission papers by director; examination of persons admitted
§ 37.2-824. Periodic review of all persons for purposes of retention
§ 37.2-825. Admission raises no presumption of legal incapacity
§ 37.2-826. Disposition of nonresidents
§ 37.2-828. Receiving and maintaining federal prisoners in state facilities
§ 37.2-829. Transportation of person in civil admission process
§ 37.2-831. Detention in jail after order of admission
§ 37.2-832. Persons with mental illness not to be confined in cells with criminals
§ 37.2-834. Arrest of certain persons involuntarily admitted
§ 37.2-835. Arrest without warrant
§ 37.2-836. Employees to accompany persons admitted voluntarily to facilities
§ 37.2-838. Discharge of individuals from a licensed hospital
§ 37.2-840. Transfer of individuals receiving services
§ 37.2-843. Providing drugs or medicines for certain individuals discharged from state facilities
§ 37.2-844. Habeas corpus as means
§ 37.2-845. Procedure when person confined in facility or other institution
§ 37.2-846. Procedure when person not confined in facility or other institution