Bill
Bill > HB309
summary
Introduced
01/09/2026
01/09/2026
In Committee
02/10/2026
02/10/2026
Crossed Over
02/06/2026
02/06/2026
Passed
Dead
Introduced Session
2026 Regular Regular Session
Bill Summary
Temporary detention in hospital for testing, observation, or treatment. Provides that while seeking the issuance of an order for temporary detention in a hospital for testing, observation, or treatment, or an extension of such order, the person who would be subject to such order and is currently subject to an order issued pursuant to current law shall remain in the custody of the facility where he is located for up to two hours, and any security personnel shall ensure that such person does not leave the facility while such person is unable to provide informed consent. The bill states that the person shall be permitted to leave the facility if (i) such order is not issued; (ii) the physician determines the person does not meet the requirements for temporary detention; or (iii) the person's legal guardian or person authorized to make an informed decision on his behalf rejects consent to custody, testing, observation, or treatment. The bill also provides that any licensed health professional, licensed hospital, including a hospital licensed by the Department of Health pursuant to relevant law, or security personnel assisting a licensed health professional shall have no liability arising out a claim to the extent the claim is based on a lack of consent to the detention of a person when such professional or hospital is seeking the court's or magistrate's authorization for such detention.
AI Summary
This bill modifies existing Virginia law regarding temporary detention of individuals in hospitals for testing, observation, or treatment. Specifically, it clarifies that while a physician is seeking a court order for temporary detention, or an extension of such an order, the person in question must remain at the facility for up to two hours, with security personnel ensuring they do not leave if they are unable to provide informed consent. However, the person must be allowed to leave immediately if the order is not issued, if the physician determines they no longer meet the criteria for detention, or if a legal guardian rejects continued custody or treatment. The bill also provides that licensed healthcare professionals and hospitals will not be held liable for claims arising from a lack of consent for detention when they are seeking court authorization for that detention, or when security personnel are assisting in the detention process under specific circumstances outlined in the law. This aims to provide a clearer framework for temporary detentions when individuals may be incapacitated and unable to consent to necessary medical evaluation or care.
Committee Categories
Health and Social Services
Sponsors (1)
Last Action
Senate Courts of Justice Hearing (08:00:00 3/2/2026 Senate Room A, Room 305, General Assembly Building) (on 03/02/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://lis.virginia.gov/bill-details/20261/HB309 |
| Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (HB309) | https://lis.blob.core.windows.net/files/1115971.PDF |
| BillText | https://lis.virginia.gov/bill-details/20261/HB309/text/HB309H1 |
| BillText | https://lis.virginia.gov/bill-details/20261/HB309/text/HB309HC3 |
| BillText | https://lis.virginia.gov/bill-details/20261/HB309/text/HB309HC2 |
| BillText | https://lis.virginia.gov/bill-details/20261/HB309/text/HB309HC1 |
| Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (HB309) | https://lis.blob.core.windows.net/files/1097564.PDF |
| BillText | https://lis.virginia.gov/bill-details/20261/HB309/text/HB309 |
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