                                 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.