CHAPTER 477

An Act to revise, rearrange, amend and recodify the general laws of
Virginia relating to insane, epileptic, feeble-minded and inebriate
persons; to that end to repeal Title 87 of the Code of Virginia, which
title includes Chapters 1 to 11 and §§ 87-1 to 37-260, inclusive, of the
Code of Virginia, as amended, and relates to insane, epileptic, feeble-
minded and inebriate persons; to amend the Code of Virginia by
adding thereto, in lieu of the foregoing title, chapters and sections
of the Code repealed by this act, a new title numbered 87.1 which
new title includes new chapters numbered 1 to 1 0, inclusive, and new
sections numbered §§ 37.1-1 to 37.1-202, inclusive, relating to institu-
tions for the mentally ill; and to prescribe when such revision and
recodification shall become effective.

[H 237]

Approved April 4, 1968
Be it enacted by the General Assembly of Virginia:
1. That Title 37 of the Code of Virginia, which title includes chapters
1 to 11 and §§ 37-1 to 87-260, inclusive, of the Code of Virginia, as amended,
ig repealed.
2. That the Code of Virginia be amended by adding thereto, in lieu of
the title, chapters and sections of the Code herein repealed, a new title
numbered 37.1, new chapters numbered 1 to 10, inclusive, and new sections
numbered 37.1-1 to 37.1-202, inclusive, which new title, chapters and
sections are as follows:
TITLE 37.1
INSTITUTIONS FOR THE MENTALLY ILL.
CHAPTER 1.
STATE HOSPITAL BOARD;
DEPARTMENT AND COMMISSIONER
OF MENTAL HYGIENE AND HOSPITALS.
Article 1.
The Board.

§ 37.1-1. Definitions.—As used in this title except where the con-
text requires a different meaning or where it is otherwise provided, the
following words shall have the meaning ascribed to them:

(1) “Board” means the State Hospital Board;

(2) “Boarding Home” means a home having a minimum of fifteen
beds which provides twenty-four hour custodial care, which has been and
is duly licensed pursuant to provisions of this title;

(3) “Commissioner” means the Commissioner of Mental Hygiene
and Hospitals;

(4) “Department” means the Department of Mental Hygiene and
Hospitals;

(5) “Drug Addict” means a person who, through use of habit form-
ings drugs has become dangerous to the public or himself or unable to care
for himself or his property or family;

(7) ‘“Feeble-minded” means a person who has been adjudicated
legally incompetent by a court of record or other constituted authority
because of mental deficiency under chapter 4 of this title;

(8) “Hospital” or “hospitals” when not modified by the words “state”
or “private” shall be deemed to include both State hospitals and private
hospitals devoted to or with facilities for the care and treatment of the
mentally ill or mentally deficient ;

(9) “Inebriate” means a person who through use of alcoholic liquors
has become dangerous to the public or himself or unable to care for him-
self or his property or his family;

(10) “Insane” means a person who has been adjudicated legally
incompetent by a court of record or other constituted authority because
of mental disease under chapter 4 (§§ 37.1-127 et seq.) of this title;

(11) “Justice” includes only the judges, associate judges and sub-
stitute judges of county and municipal courts as defined in § 16.1-5 and
of juvenile and domestic relations courts within the meaning of chap. 8
(§§ 16.1-139 et seq.) of Title 16.1 of this code, as well as the special
justices authorized by § 37.1-88, and shall not include a justice of the
peace or mayor;

(12) “Legal resident’ means any person who has resided in this
State continuously for a period of one year without public support for
himself or his spouse or minor children;

(13) “Mental retardation” means suhaveraye general intellectual
functioning which originates during the developmental period and is asso-
clated with impairment in adaptive behavior;
(14) “Mentally deficient” means any person afflicted with mental
defectiveness from birth or early childhood to such an extent that he is
incapable of caring for himself or managing his affairs, who for his own
welfare or the welfare of others or of the community requires super-
vision, control or care ; ;

(15) ‘Mentally ill” means any person afflicted with mental disease
to such an extent that for his own welfare or the welfare of others, or of
the community, he requires care and treatment; provided, that, for the
purposes of Chapter 2 of this title, the term “mentally ill” shall be deemed
to include any person who is afflicted with mental deficiency or mental
retardation or is a drug addict or inebriate;

(16) “Patient” means a person certified or admitted to a hospital
according to the provisions of this title;

(17) “Private hospital’? means a hospital, institution or sanatorium
which is duly licensed pursuant to the provisions of this title;

(18) “Private institution’ except as used in chapter 8 (§ 37.1-179
et seq.) of this title, means an establishment which is not operated by the
Board and which is licensed under such chapter for the care or treatment of
mentally ill or mentally deficient persons, including psychiatric wards
of general hospitals, but does not include an establishment solely for care
or treatment of persons addicted to the intemperate use of narcotic
drugs, alcohol or other stimulants ;

(19) “Property” as used in §§ 37.1-12 through 37.1-18 includes land
and structures thereon;

(20) “State hospital” means a state hospital, training school, sana-
torium or other such state institution for the care and treatment of
the mentally ill or mentally deficient or mentally retarded;

(21) “Superintendent” means the chief executive officer of a hospital;

(22) “System of hospitals” or “hospital system” means the entire
system of hospitals as defined in this section under the general supervision
and control of the Department.

§ 37.1-2. Creation.—For the supervision, management and control
of the several State hospitals mentioned in § 37.1-34, and such other simi-
lar hospitals as may hereafter be established, all of which hospitals,
whether heretofore or hereafter established, are hereinafter referred to as
State hospitals, there shall be a single board of directors, to be known and
referred to as the State Hospital Board.

§ 37.1-3. Appointment and terms of members.—The Board shall
consist of seven members to be appointed by the Governor, subject to con-
firmation by the General Assembly, if in session when such appointment
is made, and if not in session, then at its next succeeding session. Appoint-
ments shall be made for terms of four years each, to run from the expira-
tion of the respective terms of the present incumbents, except appoint-
ments to fill vacancies, which shall be for the unexpired terms. No person
shall be eligible to serve more than two successive terms; provided that
persons heretofore or hereafter appointed to fill vacancies may serve two
additional successive terms. Incumbency during a current term when this
amendment becomes effective shall constitute the first of the two successive
terms with respect to eligibility for appointment.

§ 37.1-4. Suspension or removal of members; vacancies in office.—
Members of the Board may be suspended or removed by the Governor at
his pleasure. Vacancies in the membership of the Board shall be filled by
the Governor subject to confirmation by the General Assembly as herein-
before provided.

§ 37.1-5. Chairman and secretary.—The Board shall select one of
its members as chairman who shall receive no additional compensation as
such. It shall also appoint its secretary, who shall not be a member of the
Board, and fix his compensation. The secretary shall perform the duties
required of him by the Board. oo

37.1-6. Office and records.—The Board shall maintain an office in
the city of Richmond where all records of the Board shall be kept, except
such as it finds necessary to be kept at the respective State hospitals.

§ 37.1-7. Meetings and quorum.—The Board shall meet quarterly
in the city of Richmond, and at such other times and places as it deems
proper. Four members shall constitute a quorum.

§ 37.1-8. Visiting hospitals——The Board or some duly authorized
agent shall visit and inspect the several hospitals under its supervision and
control at least once each year.

37.1-9. Compensation and expenses; provision for payment.—The
members of the Board shall receive no salaries, but shall be paid their
necessary traveling and other expenses incurred in attendance upon meet-
ings, or while otherwise engaged in the discharge of their duties, and the
sum of twenty-five dollars a day for each day or portion thereof in which
they are engaged in the performance of their duties, provided that such
per diem shall not exceed fifteen hundred dollars a year for each member.

The compensation and expenses authorized to be paid to the members
of the Board, the secretary and its chief executive officer shall be paid by
the State Treasurer out of funds appropriated to the Board, and the sev-
eral hospitals under its supervision, on warrants of the Comptroller issued
upon vouchers signed by it for such purpose.

37.1-10. Duties in general.—The Board, in addition to other pow-
ers, functions and duties elsewhere conferred and imposed upon it, shall
have full supervision, management and control of the State hospitals. All
the rights, powers and duties formerly vested in and conferred and im-
posed upon special boards of directors of the State hospitals, the general
board of directors and the Commissioner of State Hospitals for the Insane
s hereby transferred to, vested in and conferred and imposed upon the

oard.

§ 37.1-11. Board duties relative to new construction.—The Board,
subject to the approval of the Governor, shall select the site of any new
State hospital and any land to be taken or purchased by the Commonwealth
for the purposes of any new or existing State hospital. It shall have
charge of the construction of any new building at any such State hospital,
shall determine the design thereof, and for this purpose may employ
architects and other experts or hold competitions for plans and designs.
If any land or property is taken or purchased by the Board, title shall be
taken in the name of the Commonwealth.

§ 37.1-12. Board authorized to tear down buildings.—If any build-
ing standing on property under the supervision and control of the Board
is in such a state of dilapidation or disrepair as to be, in the opinion of the
Board, dangerous to patients, employees of the Board or other persons
frequenting such property, the Board may, with the approval of the
Governor, cause such building to be torn down or razed. For such purpose
the Board may contract with any person on such terms as it deems expedi-
ent and may sell or otherwise dispose of the materials composing such
building.

§ 37.1-13. Disposal of surplus property by Board; examination of
properties, certain property not to be disposed of.—The Board is hereby
authorized to examine the condition of properties under its control from
time to time in the light of the practices and methods employed by such
Board in the care and treatment of persons committed to it in accordance
with law. No property which is being used for the care and treatment of
patients and which is required for such purpose or which is reasonably
related to the present and reasonable future needs of the Board for care
and treatment of patients shall be disposed of under the provisions hereof.
§ 37.1-14. Same; notice to Governor and public—Whenever the
Board finds that there is any property under its control which is not being
used and is not required for the care and treatment of patients it shall
notify the Governor of its findings.

§ 37.1-15. Same; notice and public hearing.—Not less than forty-
five and not more than seventy days after such notification to the Gov-
ernor, the Board shall hold a public hearing at some reasonably convenient
place near the property to be disposed of. Notice of such public hearing
shall be given the Governor and in statements released to newspapers and
other media of public information at least thirty days prior to the time of
the hearing. At the time and place of such hearing any citizen may appear
and state his views concerning the action of the Board in declaring such
property surplus.

§ 37.1-16. Same; declaring property surplus; notice and sale.—
After such hearing, the Board may declare such property surplus and may,
with the approval of the Governor in writing first obtained, proceed to sell
the same, either at public auction or by securing sealed bids in the discre-
tion of the Board. Notice of the time and place of sale, if by public auction,
and notice of sale, if sealed bids are to be sought, shall be given by adver-
tisement in at least three newspapers published and having general cir-
culation in the State, at least one of which shall have general circulation
in the county or city in which the property to be sold is located. At least
sixty days shall elapse between publication of such notice and the auction
or clate on which sealed bids will be opened.

§ 37.1-17. Same; rejection or acceptance of bids; notice to Governor
of acceptance; conveyance or lease of property.—The Board shall have the
right to reject any and all bids received either at public auction or through
sealed bids when in the opinion of the Board the price is inadequate in
relation to the value of such property. If the Board deems the bid, in either
case, fair and adequate in relation to the value of the property, it may
accept such bid and shall notify the Governor of its acceptance. The deed
conveying such property to the purchaser shall be executed by the Board
and shall be in form approved by the Attorney General. The terms of the
conveyance shall be subject to the approval of the Governor in writing.
In lieu of sale of any such property, the Board may, with the written
approval of the Governor, lease the same to any responsible person on such
terms as shall be fair and adequate in relation to the value of such prop-
erty. The provisions of this article requiring that disposition of such prop-
erty shall be through the medium of sealed bids or public auction shall not
apply to any lease thereof. The provisions of §§ 37.1-13 through 37.1-15
shall apply mutatis mutandis to any proposed lease of any such property.
The deed of lease to such property shall be in a form approved by the
Attorney General and shall be executed by the Board. The terms of any
such lease shall be subject to the approval of the Governor in writing.

§ 37.1-18. Same; disposition of proceeds.—The proceeds from all
such sales or leases shall be paid into the general fund of the State Treasury
to be expended as provided by law; provided, however, proceeds from the
sale or lease of lands or personal property bequeathed or donated to any
State hospital for special purposes shall be held and administered by the
Board as provided in § 37.1-22 of the Code, and further provided that
proceeds from the sale or lease of lands or personal property belonging to
an institution supported entirely from a special fund shall be paid into
such special fund to be expended as provided by law.

§ 37.1-19. Members not eligible for hospital positions.—No mem-
ber of the Board shall be eligible for any other position in any State hospital
during the term for which he is appointed, or for twelve months there-
after.

§ 37.1-20. Establishing system of administration, employing per-
sons and adopting rules and regulations.—The Board is authorized and
empowered to establish such system of administration, effect such organi-
zation, employ such persons, and adopt such rules and regulations, as it
may deem proper to enable it to exercise the powers and discharge the
duties conferred and imposed by law upon the Board. The compensation
of such employees shall be fixed by the Board within the limits of appro-
priations made by the General Assembly, and such compensation shall be
subject to the provisions of Chapter 10 (§§ 2.1-110 et seq.) of Title 2
of this Code.

§ 37.1-21. Additional compensation of hospital employees in counties
and cities——-The governing body of any county or city may appro-
priate and pay funds to the Board for the compensation of the superin-
tendent and other persons designated by the Board employed in hospitals,
mental health or retardation centers operated by the Board in or near such
counties or cities in excess of those rates fixed by the Board; provided,
however, that such additional compensation shall be paid wholly from the
funds of such county or city. In the event of any disagreement between
the governing body of such county or city as to the allocation of such addi-
tional compensation to specified individuals employed in any such hos-
pital, such county or city or any combination thereof, shall have the right
to designate to whom such funds shall be paid.

§ 37.1-22. Receiving gifts and endowments.—The Board may re-
ceive gifts, bequests and endowments to or for the respective hospitals in
their names or to or for any patient in the custody of such hospitals and
when such gifts, bequests and endowments are accepted by the Board it
shall well and faithfully administer such trusts.

§ 37.1-23. Establishing and maintaining mental hygiene clinics.—
The Board is authorized to establish and maintain out-patient mental
hygiene clinics for the purpose of advising, counseling, directing, and
otherwise treating patients. It may extend its clinic services to such
former patients as may make application therefor and to other persons in
need of psychiatric advice, counsel, and guidance.

_ § 37.1-24. Research into causes of mental illness and mental defi-
ciency.—The Board is hereby directed to conduct at the several State hos-
pitals, research into the causes of mental illness and mental deficiency.
The Board shall encourage the superintendents and their staffs
in the investigation of all subjects relating to mental diseases and defects
and mental hygiene. In such research programs the Board shall make
use, insofar as practicable, of the services and facilities of the Medical
School of the University of Virginia and the Medical College of Virginia,
and the hospitals allied with each such medical school.

§ 37.1-25. Cooperation of communities, etc.; programs of public
information.—The Board shall seek and encourage cooperation and active
participation of communities, organizations, agencies, and individuals in
the effort to establish and maintain mental health and mental retardation
programs and services. For the purpose above mentioned the Board shall
develop programs of public information and education.

§ 37.1-26. Long range plans.—The Board shall initiate and direct
the development of long range programs and plans with respect to mental
hygiene and hospital services provided by the State, to the end that these
services may grow and improve in a steady, coordinated manner.

§ 37.1-27. Board to prescribe system of records, accounts and
reports; annual reports.—The Board shall prescribe and cause to be estab-
lished and maintained at all of the State hospitals a uniform, proper, and
approved system of keeping the records and the accounts of money received
and disbursed and of making reports thereof. The Board or its duly author-
ized agent shall at all times have access to the records, accounts and reports
required to be kept under the provisions of this title. The Board shall
report at least annually on such statistical information as may be requested
by the Governor or the General Assembly. ;

§ 37.1-28. Board authorized to receive and expend social security,
etc., payments for patients in State hospitals—The Board, under such
regulations as the Administrator of the Federal Security Agency, the Civil
Service Commission or the Railroad Retirement Board, respectively, may
prescribe and with the approval of the Governor, may be appointed or
function as the agency to which payments under the provisions of the
Federal Social Security Act as amended, any act providing retirement
benefits for employees of the Federal Government or any of its agencies,
or the Railroad Retirement Act, may be made on behalf of any beneficiary
patients under its control. Such payments shall be expended for the use
and benefit of such patient, to whom they would otherwise be payable, and
the residue, if any, resulting from such payments shall be set aside in a
special fund to the credit of the patient on whose account such payment is
made. The charges provided for by law for the care of the patient shall be
defrayed from such payment. The provisions of § 37.1-31 shall apply to
any payments received under this section.

§ 37.1-29. Private funds provided for patients.—The Board is here-
by authorized and empowered, in its discretion, to provide for the deposit
with the superintendent or other proper officer of any State hospital, of
any money given or provided for the purpose of supplying extra comforts,
conveniences or services to any patients therein and any money otherwise
received and held from, for or on behalf of any such patient.

§ 37.1-30. How such funds disbursed.—All funds so provided or
received shall be deposited to the credit of such hospital in a special fund
in a bank or banks designated by the Board, and shall be disbursed as may
be required by the respective donors, or, in the absence of such requirement,
as directed by the superintendent.

§ 37.1-31. Annual statements relative to funds; investments by
Board.—The superintendent of each State hospital shall furnish the Board
annually a statement showing the amount so received and deposited, the
amount expended, and the amount remaining in such special funds at the
end of such year, and the Board shall have authority to invest so much as
it may deem proper of the amount so remaining, in United States Govern-
ment Bonds, or other securities authorized by law for the investment of
fiduciary funds. The interest from such investments may in the discretion
of the Board be expended as a part of a patients’ welfare fund.

§ 37.1-32. Disposition of unexpended balances of funds belonging
to former patients.—If any patient for whose benefit any such fund has
heretofore or shall hereafter be provided, has departed or shall hereafter
depart from any such hospital, leaving any unexpended balance in such
fund, and the superintendent in the exercise of reasonable diligence, has
been or shall be unable to find the person or persons entitled to such unex-
pended balance, the Board may, in its discretion and after the lapse of
three years from the date of such departure, authorize the use of such
balance for the benefit of all or any part of the patients then in such
hospital.

§ 37.1-33. Disposal of unclaimed personal property of certain pa-
tients in State hospitals.—If any patient dies, is released or escapes and
leaves any article or articles of personal property, including bonds, money
and any intangible assets, in custody of a State hospital the superintendent
thereof may, in his discretion, after the lapse of three years from the date
of such death, release or escape. if no claim therefor has been made, sell
such personal property either at public or private sale. Whenever such
sale or sales are made, the superintendent shall deposit the net proceeds
thereof in the patients’ welfare fund and the same shall become a part of
such fund.
§ 37.1-34. State Hospitals continued.—The State hospitals hereto-
fore established under whatever name are hereby continued under the
management of the Board.

§ 37.1-35. Use of departments for criminal mentally ill—The de-
partments for the criminal mentally ill at Southwestern State Hospital
and Central State Hospital shall be used for the purpose of holding ir
custody and caring for such persons as are declared mentally ill or men-
tally deficient after conviction of any crime and while serving sentence
therefor in the penitentiary, or in any other penal institution or else-
where; persons in custody charged with crime who prior to trial or sen-
tencing are adjudged mentally ill or mentally deficient; such persons in
custody charged with crime as the court in its discretion orders there for
proper care and observation pending the determination of their mental
condition; persons who have been adjudged mentally ill or mentally defi-
cient at the time, when, but for such adjudication, they should have been
tried, and such patients as in the opinion of the superintendent require
confinement in such departments, provided that the confinement of each
of those in the last mentioned classification shall be reported by the super-
intendent together with his reasons for their confinement to the Board at
its next meeting following.

§ 37.1-36. Appointment, qualifications and compensation of super-
intendent.—The Board shall appoint quadrennially, for terms to com-
mence at the expiration of the terms of the present incumbents, a superin-
tendent for each State hospital who shall be a physician skilled in the
diagnosis and treatment of mental illness.

§ 37.1-37. Members of Board, Superintendents, etc., not to be inter-
ested in contracts.—Members of the Board, Commissioner, superintend-
ents, officers or employees of the Board or State hospitals shall not become
interested, directly or indirectly, in any contract, or in the profits of any
contracts, made by or with any officer, agent, superintendent or other
person on behalf of any State hospital or in any contract, fee, commission,
premium or profit therefrom, paid in who'e or part, by the Board or any
State hospital, commission or agency thereof, or in the sale or furnishing
of supplies or materials to such hospital.

The term “contract” as herein used, shall not be held to include the
depositing of funds under Board control in banks in which a member of
the Board, superintendent, officer, or employee may be a director or officer
or have a stock interest.

§ 37.1-38. Employment of special counsel to defend officer or em-
ployee of Department of Mental Hygiene and Hospitals in criminal cases.—
If any officer, attendant or other employee employed by and acting under
the supervision of the Department shall ke arrested, indicted or otherwise
prosecuted on any charge arising out of any act committed in the discharge
of his official duties. the Commissioner may employ special counsel, to be
approved by the Attorney General, to defend such officer, attendant or
other employee. The compensation for such special counsel employed pur-
suant to this section, shall, subject to approval of the Attorney General,
be paid out of funds appropriated to the Department of Mental Hygiene
and Hospitals.

Article 2.
The Department and Commissioner.

§ 37.1-39., Creation and supervision of Department.—The Depart-
ment of Mental Hygiene and Hospitals is established under the super-
vision, management and control of the Board.

§ 37.1-40. Appointment of Commissioner.—A Commissioner of
Mental Hygiene and Hospitals shall be appointed by the Governor; sub-
ject to confirmation by the General Assembly, if in session when such
appointment is made, and if not in session, than at its next succeeding
session. ;

§ 37.1-41. Term of office and vacancy therein.—The Commissioner
shall hold office at the pleasure of the Governor for a term coincident with
that of each Governor making the appointment, or until his successor shall
be appointed and qualified. Vacancies shall be filled in the same manner
as original appointments are made.

§ 37.1-42. Qualifications of Commissioner.—No person shall be ap-
pointed Commissioner unless he be a person of proved executive ability
and a doctor of medicine, and unless he shall have had special education
and substantial experience in the treatment of mental illness.

§ 37.1-43. Devotion of full time to duties; compensation; may act
as secretary of Board.—The Commissioner shall devote his full time to his
duties and shall hold no other office except that of secretary of the Board
if he be appointed as such by the Board. He shall receive such compen-
sation as may be appropriated for the purpose. If he acts as secretary of
the Board, he shall receive no additional compensation as such.

37.1-44. Oath and bond of Commissioner.—Before entering upon
the discharge of his duties, the Commissioner shall take the oath of office
and give bond with corporate surety in such penalty as may be fixed by
the Governor conditioned upon the faithful discharge of his duties, the
premium of which bond shall be paid out of the moneys appropriated to
the Board.

§ 37.1-45. Commissioner to be chief executive of Board.—The
Commissioner shall be the chief executive officer of the Board.

§ 37.1-46. Duties of Commissioner.—The Commissioner shall per-
form such duties and exercise such powers as may be imposed or conferred
upon him by the Board by general rule or special order, within the limita-
tions of the Board’s legal powers.

37.1-47. Business manager.—There shall be a business manager
for the Department. The powers, duties and functions of the business
manager shall be prescribed by the Commissioner. The business manager
shall be appointed by the Commissioner and serve at his pleasure.

§ 37.1-48. Transfer of patients from one institution to another.—
A patient admitted to any State hospital may be transferred by order of
the Commissioner to any hospital and when so transferred is hereby de-
eee to ue a lawfully admitted patient of the hospital to which he is

ransferred.

Article 3.
State Sanatoria.

§ 37.1-49. Independent unit of Department.—DeJarnette State
Sanatorium and any similar units shall be under the control, supervision
and direction of the Board in the same manner as other State hospitals.
The Board is authorized and directed to establish, construct, and equip
independent units within the Department similar to DeJarnette State
Sanatorium, for pay patients.

37.1-50. Purpose of Sanatorium.—The purpose of the Sanatorium
shall be to furnish to residents of Virginia, affected with nervous or men-
tal diseases, alcoholism or drug addiction, modern sanatorium care and
treatment at the approximate cost of maintenance and operation of the
Sanatorium.

§ 37.1-51. Persons admitted as patients.—Any person applying for
admission to the Sanatorium may be received therein as a patient if he is
mentally capable of affixing his signature to the papers of admission, or
of giving his consent to the signing of the papers of admission by a rela-
tive or next friend, with knowledge of the consequences of such act, and
who, in the opinion of the superintendent of the Sanatorium is able to and
agrees to pay for his care and treatment as a patient in such Sanatorium.

The superintendent is also authorized to receive into a Sanatorium as
patients, persons who, in his opinion, are by reason of their mental condi-
tion rendered incapable of applying for admission and of affixing their
signatures to, or of consenting to the signing of the papers of admission.
In every such case the application for admission shall be made and the
admission papers signed by a relative or next friend of the person for
whom admission is sought, which relative or next friend shall agree to
pay for the care and treatment of such person and, in the opinion of the
superintendent, be financially able to pay for such care and treatment. In
such event such papers shall constitute a contract binding on the relative
or friend signing the same. But no person shall be admitted or received
into a Sanatorium as a patient unless such person is admitted or received
for treatment for mental or nervous diseases or conditions arising from
inebriety, or the use of drugs.

Under no circumstances shall any nonresident of the State of Virginia
be admitted as a patient in a Sanatorium.

§ 37.1-52. Monthly report of superintendent.—The superintendent
shall report monthly to the Board the condition of the Sanatorium. Such
report shall show the financial condition of the Sanatorium at the end of
the month, the number of patients received, discharged, furloughed, died
or removed by other causes during such month, and such other information
as may be required by the Board.

§ 37.1-53. Board to fix rates—The Board shall fix and regulate
from time to time, as may be necessary, the rates and charges to be charged
for the care and treatment of persons admitted to a Sanatorium, including
reasonable interest charges on the investment and depreciation on the
buildings. Such rates and charges shall be sufficient to provide and main-
tain in the Sanatorium, without any appropriations from the State for the
cost of the maintenance and operation of such Sanatorium, a standard of
care and treatment equal to that of efficient and well managed private
Sanatoriums.

§ 37.1-54. Disposition of money received by Sanatorium.—aAll
moneys collected or received by the Sanatorium, or by the Board, for and
on behalf of the Sanatorium shall be paid into the State treasury. Such
moneys shall be set aside and constitute a special fund for the maintenance
and operation of the Sanatorium, and are hereby specifically appropriated
for such purposes to be paid out by the State Treasurer on warrants of the
Comptroller issued on vouchers signed by the superintendent of the Sana-
torium or some agent duly authorized by him for such purpose.

Article 4.
Virginia Institute of Psychiatry.

§ 37.1-55. Establishment. maintenance and control.—There shall
be established and maintained institutions for the study, research, pre-
vention and treatment of mental disorders, and designated Virginia
Institutes of Psychiatry. The Institutes shall be operated by the Depart-
ment but shall be under the control, management and direction of the
Board, and shall be located at a place or places adjacent to any medical
colleges now or hereafter established. The Institutes shall be equipped
with facilities for teaching and research, and shall have accommodations
for bed patients. The Institutes shall maintain out-patient clinics for
individual and family guidance.

§ 37.1-56. Patients.—Patients at the Institutes shall be those volun-
tarily admitted or those who have been admitted to one of the State hos-
pitals and who shall be transferred to the Institutes by order of the Com-
missioner.

§ 37.1-57. Cooperation with State agencies.—The Institutes shall
cooperate with the State Board of Education by providing an application
of proper psychological procedures and, aiding the schools in the treat-
ment and education of emotionally unstable, exceptional, and retarded
children and giving appropriate instruction to teachers and parents in
proper child guidance procedures. The Institutes shall also cooperate in
such manner as may be found practicable with Department of Health and
the Department of Welfare and Institutions, hospitals, medical schools
and institutions.

Article 5.
Virginia Treatment Center for Children.

§ 37.1-58. Establishment and location.—The Board is authorized
and directed to establish, construct and equip, when funds are available,
treatment centers to provide for study, treatment and care, and for re-
search into methods of treatment, of emotionally disturbed and mentally
ill children. These centers shall be located on State-owned property within
the vicinity of a State-supported medical teaching center. The center at
Richmond shall be known as the Virginia Treatment Center for Children.

§ 37.1-59. Supervision and control of the Board.—The Treatment
Centers shall be under the supervision and control of the Board, which
shall determine the policies to be followed in the operation and manage-
ment of the Centers and may adopt rules and regulations with respect
thereto and concerning the admission of patients to the Centers.

§ 37.1-60. Director and other personnel.—The Commissioner shall
appoint, subject to the approval of the Board, a director of each treatment
center, who shall be a physician who is a graduate of a medical school
approved by the American Medical Association and who has been engaged
in the practice of psychiatry for at least five years. The director shall per-
form such duties as the Board or the Commissioner shall prescribe. Sub-
ject to the provisions of chapter 10 (§§ 2.1-100 et seq.) of Title 2.1 of the
Code, the director may recommend for appointment by the Commissioner
all other officers and employees of the treatment center.

§ 37.1-61. Admissions and transfers.—(a) Only mentally ill or
emotionally disturbed children under sixteen years of age shall be admitted
or transferred to a treatment center.

(b) Voluntary admissions may be made, in the discretion of the
director, upon application signed by the parent or parents or legal guardian
of the child.

__(c) Transfers to the centers may be made as provided in § 37.1-48
with respect to transfers between other institutions under the control of
the Board. Upon application made by any State department, institution
or agency having custody of any child who is mentally ill or emotionally
disturbed, such child may, with the approval of the Commissioner, be
admitted for study, care and treatment at the Center.

§ 37.1-62. Duration of care and treatment; children to be in custody
and control of director; liability for cost.—No admission or transfer to the
Center shall be for a period longer than three months; provided, however,
that the director, with the approval of the Commissioner, may discharge or
otherwise release a patient as provided by law with respect to other in-
stitutions under the control of the Board; or may, with such approval,
extend the period of study, care and treatment from time to time if neces-
sary. In no event shall a child remain in a center for more than twelve
consecutive months. All children admitted or transferred to the Center
shall be in the custody and under the control of the director, who may
impose such restraints on any such child as he may deem necessary for
the welfare of the child or the proper conduct of the Center. The expense
for care, treatment and maintenance in the Center shall be fixed as provided
in § 37.1-105.
§ 37.1-63. Applicability of Chapter.—In the application of the provi-
sions of this Chapter to any person to whom the terms mentally deficient,
mentally retarded, inebriate, or drug addict are applicable, such appro-
priate term or terms shall be used in any determination, certification, order
or record relating to such person.

37.1-64. Admission procedures.—(a) Any person alleged to be
mentally ill to a degree which warrants hospitalization in a hospital as
defined in § 37.1-1 of this Title and who is not in confinement on a criminal]
charge may be admitted to and retained as a patient in a hospital by com-
pliance with any one of the following admission procedures:

(1) Voluntary admission;

(2) Medical certification;

(3) Judicial certification ;

(b) The Board shall prescribe and prepare the forms required in
procedures for admission as approved by the Attorney General. These
forms, which shall be the legal forms used in such admissions, shall be dis-
tributed by the Board to the clerks of the circuit and corporation courts
of the various counties and cities of the State and to the superintendents
of the respective State hospitals.

§ 37.1-65. Voluntary Admission—Any hospital may admit as a
patient any person requesting admission who, having been examined by
a physician on the staff of such hospital, is deemed to be in need of hos-
pitalization for mental illness. Any such person under twenty-one years
of age may be admitted on the request of the parent or any person standing
in loco parentis to such infant.

§ 37.1-66. Medical Certification— Any hospital may admit any per-
son as a patient upon receipt of a petition, executed by such person or by
some responsible person in his behalf, in form prescribed by the Board;
provided, that if such person be under the age of twenty-one, the petition
shall be executed by the parent or any person standing in loco parentis to
such infant. Such petition shall contain a statement of facts upon which
the allegations of mental illness and need for hospitalization are based and
shall be accompanied by the certificates of two physicians or of one physi-
cian and one clinical psychologist licensed in Virginia who are not related
by blood or marriage to the individual for whom the petition is filed and
who have no interest in his estate, to the effect that they have exam-
ined the individual and that they have sufficient cause to believe that
he is mentally ill and requires hospitalization. Only one of such examin-
ing pliysicians may be a physician on the staff of the hospital to which
admission is sought. Every such examination shall have been accom-
plished within not more than fifteen days prior to presentation of the
allegedly mentally ill person for admission. Each such petition shall
contain an endorsement by a justice as defined in § 37.1-1, stating that
the person to be admitted as a patient has been informed of his right
to a hearing. The justice shall ascertain if the person whose admission
is sought is represented by counsel. If the person whose admission is
sought is not represented by counsel the justice shall appoint an attorney
at law to represent such person. The justice shall summons witnesses
and hold a hearing on the admission of such person if requested to do
so by the person to be admitted or the attorney representing such person.

§ 37.1-67. Judicial Certification.—Any justice as defined in § 37.1-1,
when any person in his county or city is alleged to be mentally ill,
upon the verified petition of any responsible person, shall issue forthwith
his order requiring the allegedly mentally ill person to be brought before
him. The officer executing the order may do so without having the order
in his possession. The justice, when the person is so produced, shall
inform such person of his right to a hearing. The justice shall ascer-
tain if the person whose admission is sought is represented by ccunsel.
If the person whose admission is sought is not represented by counsel
the justice shall appoint an attorney at law to represent such person.
The justice shall summons witnesses and hold a hearing on the admis-
sion of such person if requested to do so by the person to be admitted
or the attorney representing such person. If such justice, having observed
the person so produced, shall find that there is sufficient cause to believe
that such person is or may be mentally ill, he shall so certify and order
such person removed to the hospital or other facility designated by the
Commissioner for receipt of persons allegedly mentally ill who may come
before such justice.

37.1-68. Examination of papers by superintendents; return for
correction.— Upon the receipt of any certificate or order for admission of
any allegedly mentally ill person, the superintendent of the hospital shall
carefully examine the same and if they are found to be in conformity with
the law and contain evidence tending to show that such person is mentally
ill, the superintendent shall forthwith receive such person into the hos-
pital. If the admission papers do not conform to law and do not contain
satisfactory and sufficient evidence of mental illness, the superintendent
shall return such papers for correction or amendment.

§ 37.1-69. Detention by Officers.—Any officer authorized to make
arrests may take and detain in protective custody any person conducting
himself in a disorderly manner and who reasonably appears to be men-
tally ill and shall forthwith bring such person before a justice as defined
in § 37.1-1 or other person authorized to issue warrants and obtain from
such justice or other person authorized to issue warrants, authorization
in writing to detain such person by removing such person to the appro-
priate hospital designated by the Commissioner for the receipt of such
persons so taken and detained under the provisions of this section; pro-
vided, however, that in the event no hospital designated by the Commis-
sioner is available, the person so taken and detained shall be placed in
the custody of the proper officials authorized to detain persons held under
criminal process.

Any justice as defined in § 37.1-1 may on his own motion issue his
order or authorization in writing to so detain any such person or any other
person reliably reported to him to be mentally ill and in need of detention
treatment.

§ 37.1-70. Examination of admitted persons.—Any person admitted
to a hospital pursuant to §§ 37.1-66, 37.1-67, or 37.1-69 shall forthwith,
and not later than twenty-four hours after arrival, be examined by one or
more of the physicians on the staff thereof. In the event such examination
does not reveal sufficient cause to believe that such person is or may be
mentally ill, such person forthwith shall be returned to the place at which
the petition was initiated. If such examination does reveal sufficient cause
to believe that such person is or may be mentally ill, such person shall be
retained at the hospital and the procedure prescribed in Article 3 of this
chapter thereafter shall be followed.

Article 2.
Transportation.

37.1-71. Admissions; transportation to hospitals—When a per-

son has been certified for admission to a hospital under §§ 37.1-66 or

37.1-67, or is detained under § 37.1-69, such person may be delivered to
the care of the sheriff of the county or sergeant of the city who shall forth-
with on the same day deliver such person to the proper hospital. When
this is impossible such person shall be kept and cared for by the sheriff or
sergeant in some convenient institution approved by the Board, until such
person is conveyed to the proper hospital. The cost of care and transporta-
tion of any person so certified for admission or detained pursuant to
§§ 37.1-66, 37.1-67 and 87.1-69 pending his delivery to a State Hospital
to which the patient is subsequently admitted shall be paid from the State
Treasury from the same funds as for care in jail. The cost of care and
transportation of a person certified for admission to or to be detained in a
private hospital shall be paid by the petitioner.

If any hospital has become too crowded to accommodate any such per-
son certified for admission therein, the Commissioner shall give notice of
the fact to all sheriffs and sergeants, and shall designate the hospital to
which they shall transport such persons.

§ 37.1-72. Transportation of admitted persons.—Any justice who
shall certify an admission under this chapter may order that such person
be placed in the custody of any responsible person or persons for the sole
purpose of transporting such person to the proper hospital.

§ 37.1-73. Detention in jail after certification.—It shall be unlawful
for any sheriff, sergeant or other officer to use any jail or other place of con-
finement for criminals as a place of detention for any person in his cus-
tody for transportation to a hospital unless the detention therein of such
person is specifically authorized by a justice. Notice of such action shall
be given by telephone or telegraph to the Commissioner.

§ 37.1-74. Not to be confined in cells with criminals.—In no case
shall any sheriff, sergeant, or jailor confine any mentally ill person in a cell
or room with prisoners charged with or convicted of crime.

§ 37.1-75. Escape, sickness, death or discharge of certified person
while in custody; warrant for person escaping.—If any person who has
been certified for admission to a hospital, while in the custody of a sheriff,
sergeant or other person, shall escape, become too sick to travel, die, or be
discharged by due process of law, the sheriff, sergeant, or other person
shall immediately notify the Commissioner of that fact. If any person
with whose custody a sheriff, sergeant, or other person has been charged
under the provisions of this chapter shall escape, the sheriff, sergeant, or
other person having such individual in custody shall immediately secure a
warrant from any officer authorized to issue warrants charging the individ-
ual with escape from lawful custody, directing his apprehension and stat-
ing what disposition shall be made of such person upon arrest.

§ 37.1-76. Arrest and confinement after escape.—If any person con-
fined in any hospital escape therefrom, the superintendent shall forthwith
issve a warrant directed to any offcer authorized to make arrests, who
shall arrest such escaped person and carry him back to the hospital or to
such other place as is designated by the superintendent or his authorized
agent, and the officer to whom the warrant is directed may execute the
same in any part of the Commonwealth.

§ 37.1-77. Arrest without warrant.—Any officer authorized to
make arrests is authorized to make such an arrest under a warrant issued
under the provisions of § 37.1-75 or § 37.1-76, without having such
warrant in his possession, provided the same has been issued and the arrest-
ing officer has been advised of the issuance thereof by telegram, radio or
teletype message containing the name of the person wanted, directing the
disposition to be made of the person when apprehended, and stating the
basis of the issuance of the warrant.

§ 37.1-78. Attendants to conduct persons to hospitals.——When ap-
plication is made to the superintendent of a hospital for admission pur-
suant to § 37.1-65, he may send an attendant from the hospital to conduct
such person to the hospital. Female attendants may be assigned to convey
female persons to the hospital. If for any reason it is impracticable to
employ an attendant for this purpose, then the superintendent may ap-
point some suitable person for the purpose, or may request the sheriff or
sergeant of the county or city in which the person resides to convey him
to the hospital. The sheriff or sergeant, or other person appointed for
the purpose shall receive only his necessary expenses for conveying any
person admitted to the hospital. Expenses authorized herein shall be paid
by the Board.

Article 3.
Retention of Patients.

§ 37.1-79. Retention—Whenever any patient shall have been ad-
mitted to a hospital under the provisions of this chapter, except as pro-
vided in § 37.1-70, such patient may be retained for a period not to exceed
fifteen days, within which time the superintendent shall: (1) permit a
voluntary patient to remain for further treatment; (2) order the patient’s
discharge and release; or (3) in the superintendent’s discretion, retain
the patient for further treatment on an involuntary basis, in which case
he shall cause notice of such determination to be served upon such person,
upon the legal counsel, if any, who represented such person upon admis-
sion and, if the petitioner was other than the patient, also upon the peti-
tioner. Such notice shall be served in the manner prescribed by chap. 4
of Title 8 of this Code for the service of process in actions at law.

§ 37.1-80. Superintendent to advise patients of their rights.—At or
prior to the service of the notice required by § 37.1-79, the superintendent
shall inform the patient of his right to a hearing on the issue of his con-
tinued retention and to representation by an attorney of his own choice
or by an attorney to be appointed by the justice or court of appropriate
jurisdiction of the county or city wherein the patient is retained; and
that any time thereafter, upon request of the patient or of any one on the
patient’s behalf, the patient shall be permitted to communicate with such
attorney with respect to any proceeding authorized or required by this
article.

§ 37.1-81. Procedure when a hearing is requested.—If at any time
prior to the expiration of sixty days from the date of admission the pa-
tient, the attorney who represented him before the certifying justice or
any relative or friend shall make a request in writing to the Commissioner
or superintendent, as the case may be, for a hearing on the question of the
need for continued hospitalization, a hearing shall be held, as herein pro-
vided. The superintendent, upon receiving such request for a hearing,
shall acknowledge receipt thereof in writing and forthwith forward a copy
of the request, together with a copy of the pertinent portions of the hospital
record of the patient, to a justice or court having jurisdiction of such
cases in the county or city wherein such hospital is located. The justice
or court which receives the request and record shall fix a date for hearing
at a time no later than five days from the date the request and record are
received and cause the patient or other person requesting the hearing, the
superintendent of the hospital in which the patient is detained, and such
other persons as the justice or court may determine, to be advised of such
date. If the patient is not represented by counsel, the justice or court
shall appoint an attorney at law to represent the patient in the proceeding.
For services rendered in connection with the proceeding, the attorney
shall receive a fee and expenses as provided in § 37.1-89. Upon the date
set for hearing, or upon such other date to which the proceeding may be
adjourned, the justice or court shall hear testimony and examine the per-
son alleged to be mentally ill, and shall render a decision in writing as to
the patient’s mental condition and his need for continued hospitalization.
The justice or court shall forthwith issue an order authorizing the release 01
retention of such patient. oe

§ 37.1-82. Compliance with court orders.—If the justice or court
shall order the release of the patient, such order shall state in writing the
reasons therefor and the patient shall forthwith be released. The superin-
tendent of the hospital shall be furnished a copy of the order.

§ 37.1-83. Court authorization to retain a patient.—When no appli-
cation for a hearing shall have been made by a patient, or by any one on
behalf of such patient, within sixty days of the initial admission of such
patient pursuant to this article, if the commissioner or superintendent
shall determine that the condition of the patient requires his continued
hospitalization and if such patient does not agree to remain In such hos-
pital as a voluntary patient, the commissioner or superintendent, prior to
the expiration of six months from the initial admission of the patient,
shall apply to a justice or court in the county or city wherein the hospital
is located for an order authorizing retention of such patient. The commis-
sioner or superintendent shall cause notice of such application to be served
upon the persons and in the manner provided by § 37.1-79. If no appli-
cation is made for a hearing on behalf of the patient within five days,
excluding Sundays and holidays, from the date such notice of applica-
tion was served upon such persons, the justice or court receiving the applica-
tion may, without a hearing, if satisfied that the patient requires con-
tinued hospitalization, issue an order authorizing retention of such
patient. Upon his own motion or upon application of the patient or of
any one on the patient’s behalf, the justice shall fix a date for a hearing
upon the application, which hearing shall be conducted mutatis mutandis,
as provided in § 37.1-81.

§ 37.1-84. Review of judicial order to retain.—When any person
is retained under any order of a justice or court pursuant to this article,
such person, or any relative or friend in his behalf, may, within thirty
days after such order is entered, appeal therefrom to the circuit court
of the county or the corporation court of the city wherein such order
was entered, and the proceedings upon such appeal shall be the same
mutatis mutandis as in actions at law, except that the issue shall be
whether such person should be retained in or by the hospital, which
determination must be supported by competent medical evidence. If such
appeal be made by any person other than the patient, such other person
shall give bond before the clerk of such court for the payment of the
costs and expenses of the appeal, which bond shall be forfeited to the
extent necessary if continued retention is ordered. If the judgment of
the court be that such person should not be so retained, the court forth-
with shall discharge him: otherwise, the court shall order retention of
the patient. The clerk of the court forthwith shall forward to the commis-
sioner and superintendent duly attested copies of the court’s order. Execu-
tion of any such order requiring discharge shall not be stayed pending any
appeal to the Supreme Court of Appeals of Virginia, except upon an
order of a Justice of the Supreme Court of Appeals.

§ 37.1-85. Treatment of person admitted while appeal is pending.—
Whenever the superintendent of any hospital reasonably believes that
treatment is necessary to protect the life, health, or safety of a patient,
such treatment may be given during the period allowed for any appeal
unless prohibited by order of a court of record in the county or city
wherein the appeal is pending.

§ 37.1-86. Transfer of patients.—Whenever any patient is retained
in or by a state hospital, the commissioner may transfer any such patient
to any other hospital or Veterans’ Administration hospitals, centers,
and other facilities and installations, or vice versa and such other hospital
or Veterans’ Administration hospitals, centers, and other facilities and
installations may retain such patient under the authority of the admission
or order applicable to the hospital from which such patient was transferred.
No such transfer shall alter any right of a patient under the provisions of
this chapter nor shall such transfer divest a justice or court, before
which a hearing or request therefor is pending, of jurisdiction to conduct
such hearing.

§ 37.1-87. Patient’s rights.—The admission of any person to a hos-
pital shall not, of itself, create a presumption of legal incapacity or in-
competency.

§ 37.1-88. Special Justices to perform duties of Justice under this
title—The authority having the power to appoint the justice defined in
§ 37.1-1 may appoint one or more special justices, for the purpose of
performing the duties required of the justice by this title, whose quali-
fications shall be the same, mutatis mutandis, as those required in
§§ 16.1-8 and 16.1-9 for judges of courts not of record. Such special
justice or justices, when so appointed, shall have all the powers and
jurisdiction conferred upon the justice by this title. Special justices shall
serve under the supervision and at the pleasure of the authority making
the appointment. Special justices shall collect the fees prescribed in this
title for such service and shall retain fees unless the governing body of
the county or city in which such services are performed shall provide
for the pavment of an annual salary for such services, in which event
such fees shall be collected and paid into the treasury of such county or

§ 37.1-89. Fees and expenses.—Any justice appointed pursuant to
the provisions of § 37.1-88 shall receive a fee of $10.00 for considering
and reporting upon a verified petition for judicial certification as pro-
vided in § 87.1-67 and a fee of $10 for each endorsement made by him to a
petition as provided in § 37.1-66 and for holding a hearing as provided in
§ 37.1-66. Any such justice shall receive a fee of $25.00 for any hearing
over which he presides pursuant to the provisions of §§ 37.1-66, 37.1-67,
37.1-81 and 37.1-83. For each order authorizing retention issued without a
hearing by any such justice pursuant to §§ 37.1-69 and 37.1-83 he shall re-
ceive a fee of $5.00. Every physician or clinical psychologist not regularly
employed by the State of Virginia, or, if regularly employed by the State
of Virginia but on authorized leave therefrom, who is required to serve
as a witness for the State in any proceeding under this chapter or who
executes a medical certificate pursuant to § 37.1-66 shall receive a fee
of $50.00 for each day during which he serves. Other witnesses regu-
larly summoned before a justice under the provisions of this chapter
shall receive such compensation for their attendance and mileage as is
allowed witnesses summoned to testify before grand juries. Each justice,
attorney appointed under § 37.1-81, physician or clinical psychologist
shall receive like mileage. Any attorney appointed under §§ 37.7-66,
37.1-67 or 37.1-81 shall receive a fee of twenty-five dollars and his
necessary expenses. Except as hereinafter provided, all expenses in-
curred, including the fees, attendance and mileage aforesaid, shall be
paid by the county or city in which such person was residing immedi-
ately prior to admission; provided, that if such person’s residence is
not established in the State of Virginia, costs shall be paid by the State,
and provided that if any such person be confined in any state supported
institution other than a hospital, such fee shall be paid by the State;
nevertheless, all such expenses, fees and allowances accruing in con-
nection with any hearing required by this chapter by any justice appointed
under the provisions of § 37.1-88 in the city or county wherein is located
the hospital in which the subject of the hearing is a patient, initially
shall be paid by the State from the appropriation for criminal charges,
subject to reimbursement by the county or city in which the patient re-
sided immediately prior to admission. Any such fees, costs and expenses
incurred in connection with an examination or hearing for a judicial deter-
mination or medical certification in carrying out the provisions of this
chapter, when paid by any county, city or the state, shall be recoverable
by such county, city or the state from the person who is the subject of
the examination, hearing or certification, or from his estate, or from the
person at whose request the certification was requested or the proceedings
were instituted, in an appropriate action or proceeding for such purpose;
provided, no such fees or costs shall be recovered from any person or his
estate when no good cause for either certification or retention exists or
when the recovery would create an undue financial hardship. _

§ 37.1-90. Place of Hearing.—Any hearing held by a justice pur-
suant to the provisions of this Article may be held in any courtroom
available within the county or city wherein the hospital is located or In
any appropriate place, open to the public, which may be made available
by the Commissioner and approved by the justice. Nothing herein shall
be construed as prohibiting the place of hearing being on the grounds
of the hospital.

Article 4.
Special Types of Patients.

§ 37.1-91. Disposition of non-residents.—If it appears that the per-
son examined is mentally ill and a non-resident of this State, the same
proceedings shall be had with regard to him as if he were a resident
of the State and if the non-resident be admitted to a State hospital under
these proceedings, a statement of the fact of his non-residence and of
the place of his domicile or residence, or from whence he came, as far as
known, shall accompany any petition respecting him. The Commissioner
shall, as soon as practicable, cause him to be returned to his family or
friends, if known, or the proper authorities of the state or county from
which he came, if ascertained and such return is deemed expedient by the
Commissioner.

§ 37.1-92. Admission of aliens——Whenever any person shall be ad-
mitted to a State hospital, or any other State institution which is supported
wholly or in part by public funds, it shall be the duty of the Commissioner
to inquire forthwith into the nationality of such person, and if it shall
appear that such person is an alien, to notify immediately the United
States immigration officer in charge of the district in which such institu-
tion is located.

Upon the official request of the United States immigration officer,
in charge of the territory or district in which is located any court or justice
certifying or ordering any alien for admission to such institution, it shall
be the duty of the clerk of such court to furnish, without charge, a
certified copy, in duplicate, of any record pertaining to the case of the
admitted alien. Such information shall be deemed confidential.

§ 37.1-93. Admission of veteran to, or transfer to or from, a Vet-
erans’ Administration hospital or other facility—Whenever it appears
that the person found to be mentally ill is a veteran eligible for treat-
ment in a Veterans’ Administration hospital, center, or other facility or
installation, the justice may, upon receipt of a certificate of eligibility from
the hospital, center, or other facility or installation concerned, certify or
order the person to the hospital, center, or other facility or installation
regardless of whether the person is a legal resident of this State. Any
veteran who heretofore has been, or hereafter is, a patient in a State
Hospital, and is eligible for treatment in a Veterans’ Administration hos-
pital, center, or other facility or installation may with the written consent
of the manager of the Veterans’ Administration hospital, center, or other
facility or installation, be transferred to the Veterans’ Administration
hospital, center, or other facility or installation. Any veteran heretofore
or hereafter admitted to a Veterans’ Administration hospital, center, or
other facility or installation, if he be a legal resident of this State, who is
otherwise eligible for treatment in a State hospital, may with written
authorization of the Commissioner, be transferred to the State hospital.

§ 37.1-94. Veterans admitted or transferred to Veterans’ Admini-
stration hospital or other facility subject to rules; power and authority
of medical officer in charge.—Every veteran, after admission to a Vet-
erans’ Administration hospital, center, or other facility or installation,
either upon initial admission or transfer, shall be subject to the rules
and regulations of the Veterans’ Administration hospital, center, or other
facility or installation, and the medical officer in charge of the Veterans’
Administration hospital, center, or other facility or installation to which
the veteran is admitted or transferred is vested with the same powers
authorized by law to be exercised by the superintendent of a State hospital
with reference to retention, custody, furlough, and discharge of the vet-
eran so admitted or transferred. Any discharge by such medical officer
upon a certificate of sanity shall be of the same effect as one granted by
the superintendent of a State hospital.

§ 37.1-95. Receiving and maintaining federal prisoners in State
hospitals. The Board shall be authorized to enter into a contract with
the United States, through the Director of the United States Bureau of
Prisons or other authorized agent of the United States, for the reception,
maintenance, care and observation in the State hospitals, or in such of
them as may be designated by the Board for the purpose, of any persons
charged with crime in the courts of the United States sitting in Virginia
and committed by such courts to such State hospitals for such purposes.
All persons so admitted shall remain subject to the jurisdiction of the
court by whom they were committed, and may be returned to such court
at any time for hearing or trial.

Any such contract shall require that the United States remit to the
State Treasurer for each prisoner so admitted specified per diem or other
payments, or both, such payments to be fixed by such contract.

It shall be the duty of the superintendent of any State hospital to
which a prisoner of the United States is so admitted to observe the
patient, and, as soon as may be, report in writing to the court by which
he is certified or committed as to his mental condition or such other
matters as the court may direct.

No contract made pursuant to this section shall obligate the Com-
monwealth or the Board to receive a federal prisoner into any State
hospital in which al] available accommodations are needed for patients
otherwise admitted, or in any other case where, in the opinion of the
superintendent, the admission of such prisoner would interfere with the
care and treatment of other patients or the proper administration of the
State hospital.

Article 5.
Residence.

§ 37.1-96. Residence of patients in hospitals and school age children
in State hospitals generally.—In any hospital each patient shall be deemed
a resident of the county, city or town of which he was a legal resident at
the time of his removal to the hospital, and not of the county, city or town
in which the hospital is located. Provided, that the children of school age
within the population of any State hospital shall be enumerated in the
school census of the district and county in which the State hospital is
located, as a part of the school population of the Commonwealth, and an-
nually the State hospital shall be entitled to receive from the State Board
of Education an appropriation for the support of such school, based on its
population, such as is made to the Bon Air School for Girls, and like
institutions.

§ 37.1-97. Children born in State hospitals.—Any child born in a
State hospital shall be deemed a resident of the county, city or town in
which the mother had legal residence at the time of admission. Such
child shall be removed from such hospital as soon after birth as the
health and well-being of the child permit, and delivered to its father, or
other member of its family. If unable to effect the child’s removal as
aforesaid, the superintendent shall cause the filing of a petition in the
juvenile court of the county or city wherein the child is present, requesting
adjudication of the care and custody of the child, under the provisions of
§ 16.1-178 of the Code. If the mother has been a patient continuously for
ten months the Department of Welfare and Institutions shall have finan-
cial responsibility for the care of the child, and the custody of such child
shall be determined in accordance with the provisions of § 16.1-178 of the
Code. The judge of such court shall take appropriate action to effect
prompt removal of the child from the State hospital.

Article 6.
Discharge.

§ 37.1-98. Discharge, conditional release, and convalescent status of
patients.—The superintendent of a State hospital, upon filing his written
certificate with the Department, may discharge any patient, except one
a upon an order of a court or judge for a criminal proceeding, as

ollows:

a. Any patient who, in his judgment, is recovered.

b. Any patient who, in his opinion, is not mentally ill.

ec. Any patient who is not recovered but whose discharge, in the
judgment of the superintendent, will not be detrimental to the public
welfare, or injurious to the patient.

The superintendent may grant convalescent status to a patient
in accordance with rules prescribed by the commissioner.
The State hospital granting a convalescent status to a patient shall not
be liable for his expenses during such period. Such liability shall devolve
upon the relative, committee, person to whose care the patient is entrusted
while on convalescent status, or the proper public welfare official of the
county or city of which the patient was a resident at the time of admission.

e. Because he is not a proper case for treatment within the purview
of this chapter, such patient shall, if necessary for his welfare, be received
and cared for by the public welfare agency of the county or city of his
residence.

37.1-99. Discharge of patients from a private hospital.—The per-
son in charge of a private hospital, upon filing his written certificate with
the department, may discharge any patient who is recovered, or, if not
recovered, whose discharge will not be detrimental to the public welfare,
or injurious to the patient. The person in charge of such institution
may, subject to the approval of the Commissioner, refuse to discharge
any patient, if, in his judgment, such discharge will be detrimental to
the public welfare or injurious to the patient, and if the guardian, com-
mittee or relatives of such patient refuse to provide properly for his care
and treatment, the person in charge of such institution may apply to the
Commissioner for the transfer of the patient to a State hospital.

The person in charge of a private hospital may grant a convalescent
status to a patient in accordance with rules prescribed by the Commis-
sioner.

§ 37.1-100. Discharge of non-resident.—The Commissioner may dis-
charge a non-resident admitted under § 37.1-65 and shall do so whenever
it is necessary to accommodate a resident patient.
§ 37.1-101. Providing drugs or medicines for certain persons re-
leased from State hospitals—When any patient is released from a State
hospital, if such patient or the person legally liable for his care and
treatment is financially unable to pay for drugs or medicines which are
prescribed for him by a member of the medical staff of the State hospital
in order to mitigate or prevent a recurrence of the condition for which
he has received care and treatment in such institution, the Department
may, from funds appropriated to the Department, provide such patient
from time to time with such drugs and medicines. Such medication shall
be dispensed only in accordance with law.

§ 37.1-102. Mentally ill persons charged with or convicted of crime
and restored to sanity; duties of Superintendent.—When any person, con-
fined in the department for the criminal mentally ill at a hospital and
charged with crime subject to be tried therefor or convicted of crime,
shall be restored to sanity, the superintendent shall give notice thereof
to the judge by whose order he was confined, and deliver him as thereafter
ordered; provided, that no person who has been convicted of a crime
punishable by death shall be so delivered until the superintendent of one
of the other State hospitals, to be designated by the Commissioner, concurs
in the opinion that the person has been restored to sanity. When any
person charged with or indicted for any offense which may be punish-
able by death has been adjudged mentally ill both at the time of the
offense and the time when, but for such adjudication he would have
been tried, and has been ordered by the court to be committed to the
department for the criminal mentally ill at a hospital, such person shall
not be discharged therefrom until the superintendent of that hospital and
the superintendents of two other hospitals, designated by the Commis-
sioner, shall be satisfied, after thorough examination, that such person
has been restored to sanity and may be discharged without danger to him-
self and others; provided that no person shall, in any case, be denied the
right of a trial by jury as to his sanity or mentality, if he so elects.

This section shall be so construed as to apply to a mentally deficient
as well as to a mentally ill person, and in its application to a mentally
deficient person, the term “adjudged mentally ill” shall mean adjudged
“mentally deficient” and the term “restored to sanity” shall mean such
improvement of mental condition that such mentally deficient person could
be discharged without danger to himself or others.

Article 7.
Testing Legality of Detention.

§ 37.1-103. Habeas corpus as means.—Any person held in custody
as mentally ill may by petition for a writ of habeas corpus have the
question of the legality of his detention determined by a court of com-
petent jurisdiction. Upon the petition, after notice to the authorities of
the hospital or other institution in which such person is confined, the court
or judge thereof in vacation shall in some courtroom of such county or
city, or in some other convenient public place in such county or city deter-
mine whether such person is mentally ill and whether he should be detained.

§ 37.1-104. Procedure when person confined in hospital.—If the
person mentioned in the preceding section is held in custody and actually
confined in any hospital or other institution, he may file his petition in the
circuit court of the county or the circuit or corporation court of the city in
which such hospital or other institution is located or in the circuit court
of the county or the circuit or the corporation court of the city of the
county or city adjoining the county and city in which such hospital or
other institution is located, or before the judge thereof in vacation.

37.1-105. Procedure when person not confined in hospital or other
institution.—In all cases, other than those provided for in the preceding
section, the person may file his petition in the circuit court of the county
or the circuit or corporation court of the city in which he resides, or 1n
which he was certified to be mentally ill, or in which an order was entered
authorizing his retention for continued hospitalization, pursuant to Chap-
ter 2, Article 3 of this title, or before the judge thereof in vacation.

§ 37.1-106. Duty of attorney for the Commonwealth.—In any case
to test the legality of the detention of such person, whether by habeas
corpus or otherwise, the attorney for the Commonwealth of the county or
city in which the hearing is had shall on request of the superintendent of
the hospital or other institution having or claiming custody of such person
represent the Commonwealth in opposition to any such petition, appeal
or procedure for the discharge of such person from custody.

Article 8.
Expenses of Care, Treatment and Maintenance.

§ 37.1-105. Who liable for expenses—amount.—Any person who has
been or who may be admitted to any State hospital, or the estate of any
such person or the person legally liable for the support of any such person,
shall be liable for the expenses of his care, treatment and maintenance in
such hospital. Such expenses shall not exceed the actual per capita cost
of maintenance except as hereinafter provided for the Virginia Treat-
ment Center for Children and shall be fixed by the Board, but in no event
shall recovery be permitted for amounts more than five years past due. |

The expense for care, treatment and maintenance in the Virginia
Treatment Center for Children shall be fixed by the Board as follows:
4 (1) For out-patients, an amount not to exceed fifteen dollars per
ay:

y;
(2) For in-patients, an amount not to exceed thirty dollars per day;
tar (3), For day care patients, an amount not to exceed twenty-five dol-
8 per day.

37.1-106. Collections payable into State treasury.—All funds col-
lected by the Department pursuant to this article shall be paid into the
general fund of the State treasury.

§ 37.1-107. Nonresidents.—Nothing in this title shall be construed
to forbid any hospital to charge for the removal, care and maintenance
of any nonresident mentally ill, inebriate or mentally deficient who has
been admitted to such hospital, and whose committee or next friend has
contracted with such hospital for the care and maintenance of such
person, nor shall it be construed to permit the admission or retention of
any nonresident to the exclusion of a resident of the Commonwealth.

§ 37.1-108. Department to investigate financial ability to pay _ex-
penses.—The Department shall make investigation and ascertain which
of the patients, or which of the parents, guardians, trustees, committees,
or other persons legally responsible therefor, are financially able to pay the
expenses of the care, treatment and maintenance, and such patient, parent,
guardian, trustee, committee, or other person legally responsible therefor
shall be notified of such expenses and, in general, of the provisions of this
article.

§ 37.1-109. Assessments and contracts by Department.—The De-
partment may assess or contract with any patient, patient’s parent,
guardian, trustee, committee, or the person legally liable for his support
and maintenance, and in arriving at the amount to be paid, the Depart-
ment shall have due regard for the financial condition and estate of the
patient, his present and future needs and the present and future needs
of his lawful dependents, and, whenever deemed necessary, to protect him
or his dependents, may assess or agree to accept a monthly sum for his
maintenance less than the actual per capita cost of his maintenance;
provided, however, that the estate of such patient other than income shall
not be depleted below the sum of two thousand five hundred dollars.
Nothing contained in this title shall be construed as making any such
contract permanently binding upon the Department or prohibiting it from
periodically reevaluating the actual per capita cost of care, treatment, and
maintenance and the financial condition and estate of any patient, his
present and future needs and the present and future needs of his lawful
dependents and entering into a new agreement with the patient, patient’s
parent, guardian, trustee, committee, or the person liable for his support
and maintenance, increasing or decreasing the sum to be paid for the
patient’s care, treatment, and maintenance.

All contracts made by and between the Department and any person
acting in a fiduciary capacity for any patient adjudicated to be insane or
feeble-minded under the provisions of Chapter 4 of this Title and all
assessments made by the Department upon such patients or their fiduci-
aries, providing for payment of the expenses of such patient in any State
hospital, shall be subject to the approval of any court of record having
jurisdiction over the incompetent’s estate or for the county or city of
which he is a legal resident or from which he was admitted to said

ospital.

§ 37.1-110. Application for order to compel payment of expenses.—
Upon the failure of any patient, or of his parent, guardian, committee,
trustee or other person legally responsible for his expenses, to make pay-
ment of the same, or enter into an agreement for such payment, and when-
ever it appears from investigation that such patient, his parent, guardian,
committee, trustee, or other person legally liable for the support of such
person, has sufficient estate, or there is evidence of liability to pay such
expenses, the Department shall apply to any court mentioned in § $7.1-
109, or to any court having jurisdiction for the county or city in which the
person legally liable for the support of such patient resides, for an order to
compel payment of such expenses by persons liable therefor and in the
following order:

First, by the patient or his estate; and second, by the person legally
liable for the support of such patient. The Department shall collect such
part or all of such expenses from the several sources as appears proper
under the circumstances and may proceed against all of such sources. The
proceedings for the collection of such expenses shall conform to the pro-
cedure for collection of debts due the Commonwealth.

37.1-111. Notice of hearing.—Notice of any hearing, on such ap-
plication or petition of the Department for an order to compel payment
of such expenses, shall be served on the patient, and his committee or
trustee, or upon the person legally responsible for the support of the
patient, or upon the person against whom the proceedings are instituted,
at least fifteen days prior to the hearing, and in the manner provided for
the service of civil process.

37.1-112. Hearing and order; matters for consideration.—At such
hearing the court shall hear the allegations and proofs of the parties and
shall by order require payment of maintenance or any part thereof by the
parties liable therefor, if of sufficient ability, having due regard for the
financial condition and estate of the patient, his present and future
needs, and the present and future needs of his lawful dependents, if such
proceeding is to charge the patient with such expenses; and if such pro-
ceeding is to charge any other person legally liable for such expenses, the
court shall have due regard for the financial condition and estate of such
person, his present and future needs, and the present and future needs
of his lawful dependents.

§ 37.1-113. Modification of order; notice and procedure.—Upon
application of any interested party and upon like notice and procedure,
the court may at any time modify such order. If the application is made
by any party other than the Department, the notice shall be served on the
Commissioner.

§ 37.1-114. Appeal from order or judgment.—Any party aggrieved
by such order or by the judgment of the court may appeal therefrom in
the manner provided by law.

§ 37.1-115. Effect and enforcement of order or judgment.—Any
order or judgment rendered by the court hereunder shall have the same
force and effect and shall be enforceable in the same manner and form as
any judgment recovered in favor of the Commonwealth.

§ 37.1-116. When collection of expenses not required.—This article
shall not be held or construed to require the Department to collect the
expenses of the care, treatment, and maintenance of any indigent patient
from such person, or to collect such expenses from any person legally
liable therefor, where investigation discloses that such person legally
liable for the support is without financial means, or that such payment
would work a hardship on such person or his family. Neither shall it be
the duty or obligation of the Department to institute any proceedings
provided for in this article to effect such collection where investigation
discloses that such proceedings would be without effect, or would work a
hardship on such patient, or the person legally liable for his support.

§ 37.1-117. Liability of estate of patient—The estate of any patient
dying in such hospital shall be liable only for such amounts as remain
unpaid under an assessment made by the Department or under an agree-
ment entered into by him or by and between the Department and his
parent, guardian, trustee, committee or person acting in a fiduciary capac-
ity for him, or the unsatisfied portion of any judgment rendered by a
court in a proceeding had under this article, provided, however, that in the
event such agreement was reached by fraud, or concealment on the part
of that person or persons representing the estate of the patient, or that
person or persons legally liable for the support of the patient, by which the
ability to pay was understated, then the Department may recover such
amount as may be proportionate to the true ability to pay, not to exceed
the amount set out in § 37.1-105, provided, however, that in no event
shall recovery be permitted for amounts more than five years past due
which would have been collected had there been no fraud or concealment.

§ 37.1-118. Statement forms to be completed by persons liable for
support of patient—The Commissioner may prescribe statement forms
which shall be completed by those persons legally liable under § 37.1-105
for the support of the patient. Such statement shall be sworn to by such
person and returned to the Commissioner within thirty days from the time
such statement was mailed to such person. Should such person fail to return
such statement to the Commissioner, properly completed, within thirty
days, the Commissioner shall send another statement by registered mail and
if the statement, properly completed, is not then returned within thirty days
the person to whom it was sent by registered mail shall be assessed five
dollars for each week, or part of each week, in excess of the thirty-day
period that the statement is overdue, which sum or sums shall be collected
by the Department in the same manner as other sums due for the care,
treatment and maintenance of patients from the persons whose duty it
was to complete each statement, and, when collected, such sum or sums
shall be paid into the same fund into which other collections are paid
under this article.

A copy of this section shall be placed in a prominent place, in bold face
type, upon each statement form.

§ 37.1-119. Payment of bills monthly.—The bills for the support of
patients who are placed at board in families under the provisions of
Chapter 8 (§§ 37.1-120 et seq.) of this title shall be payable monthly.
§ 37.1-120. Admission to private institution; payment of costs.—Any
person admitted to a private institution as provided in Chap. 2
(§§ 37.1-64 et seq.) shall be confined until discharged in accordance with
regulations of the Board by the physician in charge of the institution.
Neither the State nor any county, city, or town thereof shall be liable in
any event for any costs or charges of sending a patient to a private
institution, or connected with or arising out of his being sent there, but all
costs of the proceedings, including fees payable to a justice, attorney,
physician or clinical psychologist shall be ordered to be paid by those
making the complaint.

§ 37.1-121. Board with private families; costs and expenses.—The
superintendent of each State hospital may, subject to the approval of the
Commissioner, place at board in a suitable family in this State approved
by the Board and under such rules and regulations as to it appear proper,
any patient in the hospital or who has been admitted thereto but not in
residence, or who has been temporarily released therefrom who is quiet
and not dangerous. The cost of the board and lodging of such patients
shall not exceed an amount determined by regulation adopted by the
Board. Any patient so placed at board or the estate of any such patient
or the person legally liable for the support of any such patient shall be
liable for the cost of the board and lodging of such patient; provided,
however, that the Board shall ascertain the financial condition and estate
of such patient, his present and future needs and the present and future
needs of his lawful dependents and, whenever deemed necessary to protect
him or his dependents, may agree to accept a sum for his board and
lodging less than the cost to the State of his board and lodging, in which
case the remainder of the cost of such board and lodging shall be at the
expense of the Commonwealth and paid from funds appropriated for such
purpose. Bills for board and lodging of any such patient shall be payable
monthly by such patient or the person legally liable for his support. Pay-
ment thereof shall be made to the Department of Mental Hygiene and
Hospitals which shall forthwith pay all funds so collected in the general
fund of the State treasury. The provisions of article 8 (§§ 37.1-105 et seq.)
of Chapter 2 of this title shall apply, mutatis mutandis, to collections
authorized by this section.

§ 37.1-122. Homes with provision for special training.—The superin-
tendent of each State hospital may place at board under his direction and
supervision in private or boarding homes, with provisions for special train-
ing, such patients as he believes may be benefited from a period of training.
The number of patients as well as the homes in which they are placed, shall
be approved by the Board, and the cost to the Commonwealth for such
patients shall not be limited by the amount specified in the preceding
section, but shall be upon terms prescribed by the Board.

§ 37.1-123. Placing patient in nursing home; costs.—In lieu of plac-
ing a patient at board in a private home, the superintendent of a hospital
may, subject to regulations adopted by the State Board of Health, place
such patient in a nursing home or other institution licensed by the State
Board of Health; provided, that the cost to the State of such placement
shall not exceed the maximum fixed in § 37.1-121.

§ 37.1-124. Visiting and investigation of condition of persons in
private homes and nursing homes.—The Board shall designate some
competent person to visit patients who are boarded in homes or other
institutions as provided in the preceding sections, who shall visit these
patients at intervals of not less than three months, to ascertain the manner
in which they are being cared for, and shall make a written report to the
superintendent of the conditions found to exist. In any instance in which
it is found that a patient is neglected, improperly cared for, or abused, he
shall be removed.

§ 37.1-125. Commitment to responsible person on bond prior to
removal.—If, either before admission, or after admission to a hospital or
Veterans’ Administration hospital, center, or other facility or installation
and before removal thereto some responsible person will give bond, with
sufficient surety, to be approved by the judge or justice, payable to the
Commonwealth, with condition to restrain and take proper care of a
mentally-ill person without cost to the Commonwealth, until conveyed to a
hospital, Veterans’ Administration hospital, center, or other facility or
installation, or otherwise discharged from custody, then the judge or
justice may, in his discretion, commit such mentally-ill person to the
custody of such person. If the person giving the bond mentioned in this
section, or his representative, shall deliver the mentally-ill person therein
mentioned to the sheriff of the county or sergeant of the city, according to
the condition of the bond, such sheriff or sergeant shall carry such person
before a judge or justice of his county or corporation, and the same pro-
ceeding shall be thereupon had as in the case of a person brought before a
judge or justice under his warrant under § 37.1-67.

§ 37.1-126. Trial visits; discharge during such period.—The superin-
tendent of any hospital may grant convalescent leave to any patient therein
and place him under the care of his committee, relative, friend or other
responsible or proper person, or without such care, for a period to be deter-
mined by the superintendent, and may receive him into the hospital when
returned by any such committee, relative, friend or other person having
charge of him, or upon his own application within the period for which
he was granted convalescent leave without any further order of admission.
The superintendent of such hospital may require as a condition of such
convalescent leave that the person in whose charge the patient is placed,
shall make reports to him at stated periods of the patient’s condition, that
he exercise proper care over such patient and deliver him safely to the
hospital when required to do so by the superintendent without expense to
the hospital. Should any patient granted convalescent leave under this
section fail to return to the hospital when required by the superintendent
to do so, he may be deemed by the superintendent an escapee and all the
laws applicable to escaped patients in any hospital shall apply thereto,
except all costs and expenses incident to the arrest of such person and his
return to the hospital shall be collected of the patient, his committee, friend
or other person in whose charge he was granted convalescent leave.
Any patient who has remained on trial visit for one year with the consent
of the superintendent of the hospital which placed him on trial visit shall
be discharged; provided, that, upon written authorization of the Commis-
sioner obtained prior to such patient’s entitlement to discharge, the trial
visit may be extended by the superintendent from time to time for periods
not exceeding six months at any one time. No person admitted by the
Department as criminal mentally-ill shall be granted convalescent leave.

CHAPTER 4.
COMMITTEES AND TRUSTEES.
Article 1.
Appointment.

§ 37.1-127. When person adjudicated insane or feeble-minded.—lIf a
person be adjudicated insane or feeble-minded by a court of record as here-
inafter provided, or in a court in which he is charged with crime, the
circuit court of the county or the corporation or circuit court of the city in
which he is an inhabitant, or such other courts in such city as have
jurisdiction to appoint committees for insane and feeble-minded persons
shall appoint a committee for him. The Chancery Court shall have exclusive
jurisdiction of such matters in the City of Richmond, but nothing herein
contained shall apply to or affect the present jurisdiction of the Hustings
Court, Part Two, of the City of Richmond. Such appointments may be made
by the court or the judge thereof in vacation. Nothing in this chapter shall
invalidate the appointment of any person as committee prior to July one,
nineteen hundred and fifty-four.

§ 37.1-128. Proceedings in courts of record to determine legal com-
petency.—Any judge of a court of record, when any person in his county
or city is alleged to be legally incompetent because of mental illness or
mental defectiveness, upon the written complaint and information of any
responsible person, shall issue his warrant, ordering such person to be
brought before him. The judge may issue the warrant on his own motion.

If a person is in a hospital or private institution under legal
admission and he is found by the superintendent or chief medical officer
thereof after observation and examination to be mentally ill or mentally
deficient to such a degree that the superintendent or chief medical officer
believes him to be legally incompetent, the circuit court of the county or
corporation or circuit court of the city of his residence, or the Chancery
Court of the City of Richmond if he resides in that city north of the
James River or upon an island in such river, or the Hustings Court of the
City of Richmond, Part Two, if he resides in that city south of the James
River, after reasonable notice to such person, shall, on the sworn certificate
of the superintendent or chief medical officer that such person is believed
to be legally incompetent due to either mental illness or mental defective-
ness or upon such other evidence as the Court may deem proper and require,
determine if the person is legally incompetent because of mental illness
or mental defectiveness.

The court, or jury, if one be requested, shall determine if the person
is legally incompetent because of mental illness or mental defectiveness.
For this purpose the court shall and the person may summon witnesses to
testify under oath as to the condition of such person.

If the court finds the person to be legally incompetent because of
mental illness it shall adjudicate that person to be insane. If the court
finds the person to be legally incompetent because of mental defectiveness
it shall adjudicate that person to be feeble-minded.

The person shall have the right to appeal to the Supreme Court of
Appeals if he be adjudicated insane or feeble-minded.

37.1-129. Clerk to record findings of legal incompetency; public
inspection not allowed; notice to Commissioner.—A copy of the findings
of the court, if the person be found to be legally incompetent, shall be filed
by the judge with the clerk of the court of the county or city in which deeds
are admitted to record. The clerk shall enter the copy sent him in a book
to be supplied by his county or city, shall properly index the same and shall
not permit the same to be kept open to public inspection, but shall im-
mediately notify the Commissioner in accordance with § 37.1-147.

§ 37.1-130. When no committee appointed within one month of ad-
judication.—If no person shall be appointed a committee within one month
from the adjudication the court, or the judge thereof in vacation, on motion
of any interested person, may appoint a committee, or he shall commit the
estate of the legally incompetent person to the sheriff of the county or
sergeant of the city, who shall be committee, and he and the sureties on his
official bond shall be bound for the faithful performance of the trust.

§ 37.1-131. For nonresidents.—If a person residing out of the State
but having property within the State, be suspected of being legally incom-
petent due to mental illness or mental deficiency, the circuit court of the
county or corporation or circuit court of the city or such other courts in
such city as have jurisdiction to appoint committees for legally incompetent
persons, except that the Chancery Court shall have exclusive jurisdiction of
such matters in the City of Richmond, wherein such property or greater
part of it is, shall, upon like application and being satisfied that he is legally
incompetent, appoint a committee for him. The appointment may be made
by the court of the judge thereof in vacation.

No person against whom proceedings under this section are authorized
shall be proceeded against unless and until he shall have been given at least
fifteen days’ notice by registered mail posted to his last known address.
Any person proceeded against under the provisions of this section shall
have the right of appeal at any time from the finding of being legally
incompetent due to mental illness or mental deficiency provided that he had
no notice as herein provided of the application for appointment of a com-
mittee hereunder.

§ 37.1-132. Person because of age or impaired health incapable of
taking care of person or property.—On petition of any person in interest
to the circuit court of the county, or to any court having jurisdiction for
the appointment of guardians or committees of infants or mentally-ill
persons of the city, in which any person who by reason of advanced age
or impaired health, or physical disability, has become mentally or physi-
cally incapable of taking proper care of his person or properly handling
and managing his estate, resides, the court or the judge in vacation,
after reasonable notice to such person and after hearing on the petition
is convinced that he is incapacitated to the extent above-mentioned, may
appoint some suitable person to be the guardian or committee of his person
or property, and the guardian or committee shall have the same rights
and duties which pertain to committees and trustees appointed under
§§ 37.1-127 or 37.1-134, and shall give such bond as is required by the court
or judge. On the hearing of every such petition a guardian ad litem shall
be appointed to represent the interest of the person for whom a committee
or guardian is requested and he shall be paid such fee as is fixed by the
court or judge to be taxed as part of the costs of the proceeding.

The Chancery Court of the City of Richmond or the judge thereof
in vacation shall have exclusive jurisdiction to appoint a guardian or
committee under this section for any person who resides in any part of the
territory of the City of Richmond which lies on the north side of the
James River.

§ 37.1-1338. Person because of age or impaired health desiring ap-
pointment of committee.—On petition of any person to the circuit court of
the county, or to any court having jurisdiction for the appointment of
guardians or committees of infants or mentally-ill persons of the city in
which the person resides, the court or judge may appoint some suitable
person to be committee for such person.

The Chancery Court of the City of Richmond or the judge thereof
in vacation shall have exclusive jurisdiction to appoint a guardian or
committee under this section for any person who resides in any part of the
territory of the City of Richmond which lies on the north side of the James
ver.

5 37.1-134. Trustees for incompetent ex-service persons and their
beneficiaries.—Whenever any former soldier, sailor or marine, or other
ex-service person of the United States, or beneficiary of any ex-service
person is found to be incompetent by the medical authorities of the
Veterans’ Administration or any person in interest, accompanied by a
certificate of the Administrator of Veterans’ Affairs or his duly authorized
representative, certifying that such person has been rated incompetent
by the Veterans’ Administration, and that the appointment of a trustee is a
condition precedent to the payment of any monies due such ex-service
person or any beneficiary of such ex-service person, after reasonable notice
to such person, the circuit court of the county or the corporation or
Hustings Court of the city of which such ex-service person or beneficiary
of such ex-service person is a legal resident, or such other courts in such
city as have jurisdiction to appoint committees for mentally-ill persons,
or the judges thereof in vacation, except that the Chancery Court of the
City of Richmond or the judge thereof in vacation shall have exclusive
jurisdiction of such matters under this section for any person who resides
in that part of the City of Richmond which lies on the north side of the
James River, in lieu of appointing a committee, or adjudging such ex-
service person, or beneficiary of such ex-service person, mentally-ill, shall
appoint a trustee for such ex-service person, or beneficiary of such ex-
service person, where it appears to the court that a trustee is needed for
the purpose of receiving and administering such benefits of pension, com-
pensation or insurance as might be paid by the United States government.
Upon his qualification, such trustee, in addition to administering the funds
payable through the Veterans’ Administration, shall administer the entire
estate of such ex-service person or beneficiary of such ex-service person
regardless of the source from which it is derived, and in such administration
shall have the same powers and duties and be subject to the same liabilities
as are vested in or imposed upon a committee in the administration of his
ward’s estate. Such trustee, in addition to such duties and obligations
imposed upon him under his trust by the federal government, shall be
subject to such State laws as are now in force or hereafter enacted appli-
cable to the appointment and administration of committees for mentally-ill
persons.

Any person for whom a trustee has been appointed under the provi-
sions of this section may thereafter be adjudged competent by the court
or judge thereof in vacation which appointed the trustee.

Article 2.
Powers, Duties and Liabilities.

_ § 37.1-135. Bond required.—The court, or judge thereof in vaca-
tion, making an appointment of a fiduciary pursuant to the provisions of
this chapter, shall take from such a bond in such penalty and with such
surety as it may deem sufficient.

__ § 37.1-136. Taking of bond by clerk of court.—Whenever in this
title provision is made for the appointment of a fiduciary by a court of
record or the judge thereof, the clerk of such court shall also have the
authority to take the required bond, and pass upon the sufficiency of the
surety thereon.

§ 37.1-137. Effect of refusal to give bond or accept trust.—If any
person so appointed a fiduciary under this title refuses the trust or fails
to give bond as required within one month from the date of his appoint-
ment, the court, or the judge thereof in vacation, on motion of any person
interested, may appoint some other person as fiduciary, taking from such
fiduciary the bond required, or shall commit the estate of the person to the
sheriff of the county or sergeant of the city of which he is an inhabitant,
who shall be the fiduciary, and he and the sureties in his official bond shall
be bound for the faithful performance of the trust.

§ 37.1-138. Fiduciary entitled to control and custody of person of
ward.—tThe fiduciary appointed under the provisions of this chapter shall
be entitled to the custody and control of the person of his ward when he
resides in the State, and is not confined in a hospital or serving a term
of penal servitude.

§ 37.1-139. Taking possession of ward’s estate and suits relative
thereto; retaining for his own debt.—The fiduciary shall take possession
of his ward’s estate, and may sue and be sued in respect to all claims or
demands of every nature in favor of or against his ward, and any other
of his ward’s estate, and he shall have the same right of retaining for
his own debt as an administrator would have. ;

§ 37.1-140. Actions not permitted against ward.—No action or suit
on any such claim or demand shall be instituted by or against the ward
of such fiduciary after admission and until he is discharged.

37.1-141. Fiduciary to prosecute and defend.—All actions or suits
to which the ward is a party at the time of his admission shall be
prosecuted or defended, as the case may be, by the fiduciary, after ten
days’ notice of the pendency thereof, which notice shall be given by the
clerk of the court in which the same are pending.

37.1-142. Preservation and management of ward’s estate.—The
fiduciary shall take care of and preserve the ward’s estate and manage it
to the best advantage. He shall apply the personal estate, or so much as
may be necessary, to the payment of the debts of his ward, and the rents
and profits of the residue of his estate, real and personal, and the residue
of the personal estate, or so much as may be necessary, to the maintenance
of such person and of his family, if any.

§ 37.1-143. Payments from Veterans’ Administration.—Monthly
payments of pension, compensation, insurance or other benefits from the
Veterans’ Administration made to a trustee or committee shall be con-
sidered as income and not principal; provided that the accumulation of
monthly payments of pension, compensation, insurance or other benefits
received from the Veterans’ Administration by a trustee or committee and
in his hands at the end of the accounting year, which accumulation amounts
to two hundred dollars or more, may be carried over as principal and
converted into the corpus of the estate.

§ 37.1-144. Surrender of ward’s estate.—The fiduciary shall surren-
der the ward’s estate, or so much as he may be accountable for, to the
ward, if he shall be restored, or the real estate to his heirs or devisees, and
the personal estate to his executors or administrators, in case of his death
without having been restored, but nothing in this section or §§ 37.1-138 to
37.1-142 shall be construed as affecting in any way the provisions of
§ ee relative to supplying comforts and luxuries for persons com-
mitted.

§ 37.1-145. Use of income by fiduciary to provide comforts and
luxuries.—When the rights of creditors will not be affected, the fiduciary
of any person lawfully admitted to any hospital may, after making ade-
quate provision for those dependent on such person or his estate for
support, apply the whole or any part of the residue of the income from his
estate to the purpose of providing such comforts and luxuries to such
person as may be permitted by the superintendent of such hospital; and
may pay the same to such superintendent. Each superintendent receiving
money as prescribed in this section shall annually on or before the first day
of July, after such sum or sums have been paid, render to the committee of
the aforementioned person an itemized statement showing the receipts and
disbursements of money received from such committee, accompanied by his
certificate that such expenditures were authorized by him and that none
of the expenditures were for anything in the ordinary maintenance of such
person.

37.1-146. Same; not limited by article relating to expenses.—
Nothing in §§ 37.1-105 to 37.1-117 shall be construed to relieve the fiduciary
of any patient in a State hospital from paying to any hospital a sum for
extra comforts, of persons confined in such hospital; nor to make it unlaw-
ful for any such fiduciary to make voluntary gifts which the fiduciary may
deem conducive to the happiness and comfort of such persons so confined.

§ 37.1-147. Department to be notified in certain cases.—In any suit
or action for the appointment of a fiduciary who is to have the management
and control of funds belonging to any person who has been admitted
to any State hospital, the Department shall receive notice of such suit or
action and the clerk of any court in which such suit or action is pending
shall notify the Commissioner of that fact.

CHAPTER 5.
MISCELLANEOUS AND PENAL PROVISIONS.

§ 37.1-148. Officers to be conservators of the peace.—The superin-
tendent, resident officers, policemen and firemen of any hospital shall be
conservators of the peace on the hospital property with all the powers
of conservators of the peace under the laws of the Commonwealth.

§ 37.1-149. Penalty for offenses by officers.—It shall be unlawful for
any clerk of a court, sheriff or other officer to fail to perform any duty
required of him in this title, or offend against any prohibition contained
in this title.

§ 37.1-150. Mistreatment of patients in hospital.—It shall be un-
lawful for any officer or employee or other person to maltreat or misuse any
patient confined in any hospital or one lawfully admitted to a hospital,
who may be absent on convalescent leave.

§ 37.1-151. Aiding and abetting in escapes.—lIt shall be unlawful
for any officer or employee of any hospital or any other person to aid or
abet in the escape or secretion of any lawfully admitted patient of any
hospital, either while in the hospital or on convalescent leave, bond or es-
capement, or who having given written obligation to return a patient on
convalescent leave under his care and custody to any hospital in which he
is a patient shall when directed in writing to do so by the superintendent
of such hospital, wilfully fail or refuse to do so.

§ 37.1-152. Disorderly conduct on grounds and interference with
officers.—It shall be unlawful for any person to conduct himself in an
insulting or disorderly manner on the grounds of any hospital, or in any
way resist or interfere with any officer or employee of any hospital in
discharge of his duty, whether on the grounds of the hospital or elsewhere
in the Commonwealth.

§ 37.1-153. Providing intoxicating liquor for patients.—It shall be
unlawful for any person to sell or give to any patient of any hospital, or
bring on the premises of such hospital, any ardent spirits or administer
same to the patient or place or cause same to be placed where any such
patient may receive the same, except it be prescribed by the superintendent
or physicians of such hospital.

§ 37.1-154. Contriving or conspiring to maliciously procure admission
of person.—It shall be unlawful for any person to knowingly and maliciously
contrive or conspire to procure the admission of any person to any hospital.

§ 37.1-155. Penalty.—Any person found guilty of violating any pro-
vision of this chapter shall be fined not exceeding one thousand dollars or
confined in jail not exceeding one year, either or both in the discretion of
the jury or the court trying the same.

CHAPTER 6.
SEXUAL STERILIZATION.

§ 37.1-156. Authority of superintendents.—Whenever the superin-
tendent of a State hospital shall be of the opinion that it is for the best
interest of the patient and of society that any patient of the State hospital
under his care should be sexually sterilized, such superintendent is hereby
authorized to perform, or cause to be performed by some capable physician
or surgeon, the operation of sterilization on any such patient afflicted
with the hereditary forms of mental illness that are recurrent or mental
deficiency; provided that such superintendent shall have first complied
with the requirements of this chapter.

§ 37.1-157. Delegation to member of rights and duties of State Hos-
pital Board.—_The Board may in its discretion in respect to any one or
more of the State hospitals, from time to time designate one or more of its
members to exercise the rights and powers, and to perform the duties,
vested in the Board by this chapter. In such event all the rights, powers,
and duties vested in the Board under this chapter shall be vested in the
member or members so designated by the Board.

§ 37.1-158. Superintendent to petition Board for order.—The super-
intendent of a State hospital shall first present to the Board, a petition
stating the facts of the case and the grounds of his opinion, verified by his
affidavit to the best of his knowledge and belief, and praying that an order
may be entered by the Board requiring him to perform or to have per-
formed by some competent physician to be designated by him in his petition
or by the Board in its order, upon the patient of his State hospital named
in such petition, the operation of vasectomy if upon a male and of salpin-
gectomy if upon a female.

§ 37.1-159. Copy of petition and notice of hearing served on
patient.—A copy of such petition must be served upon the patient together
with a notice in writing designating the time and place in the institution,
not less than thirty days before the presentation of such petition to the
Board, when and where the Board may hear and act upon such petition.

§ 37.1-160. Service on guardian or committee, and parents; appoint-
ment of guardian.—A copy of the petition and notice shall also be so served
upon the legal guardian or committee of the patient if such guardian or
committee is known to the superintendent, and if there is no such guardian
or committee or none such is known to the superintendent, then the super-
intendent shall apply to the circuit court of the county or city in which
his State hospital is situated, or to the judge thereof in vacation, who by a
proper order entered in the common-law order book of the court shall
appoint some suitable person to act as guardian of the patient during and
for the purposes of proceedings under this chapter, to defend the rights
and interests of the patient. The guardian so appointed shall be paid by
the Board a fee of not exceeding twenty-five dollars as may be determined
by the judge of the court for his services under such appointment. Such
guardian shall be served likewise with a copy of the petition and notice.
Such guardian may be removed or discharged at any time by the court or
the judge thereof in vacation and a new guardian appointed and substituted
in his place.

If the patient be an infant having a living parent or parents whose
names and addresses are known to the superintendent, they or either of
them as the case may be shall be served likewise with a copy of the petition
and notice.

§ 37.1-161. Hearing and consideration of petition and evidence; right
of patient to attend.—After the notice required by this chapter shall have
been so given, the Board at the time and place named therein, with such
reasonab'e continuances from time to time and from place to place as the
Board may determine, shall proceed to hear and consider the petition and
the evidence offered in support of and against the same, provided that the
Board shall see to it that the patient shall have opportunity and leave to
attend the hearings in person if desired by him or if requested by his com-
mittee, guardian or parent served with the notice and petition aforesaid.

§ 37.1-162. _ What may be received as evidence.—The Board may
receive and consider as evidence at the hearing the admission papers and
other records of the said patient with or in any hospital as certified by the
superintendent or superintendents thereof, together with such other legal
evidence as may be offered by any party to the proceedings.

§ 37.1-163. Oaths and depositions.—Any member of the Board shall
have power to administer oaths to any witnesses at such hearing. Deposi-
tions may be taken by any party after due notice and read in evidence if
otherwise pertinent.

§ 37.1-164. Records.—The Board shall preserve and keep all record
evidence offered at such hearings and shall have reduced to writing in
duplicate all oral evidence so heard to be kept with its records.

§ 37.1-165. Right to representation by counsel.—Any party to the
proceedings shall have the right to be represented by counsel at such hear-

ings.

§ 37.1-166. Findings and order of the Board.—The Board may deny
the prayer of the petition or if it shall find that the patient is mentally-ill,
or mentally deficient, and by the laws of heredity is the probable
potential parent of socially inadequate offspring likewise afflicted, that the
patient may be sexually sterilized without detriment to his or her general
health, and that the welfare of the patient and of society will be promoted
by such sterilization, the Board may order such superintendent to perform
or to have performed by some competent physician to be named in such
order, upon the patient, after not less than thirty days from the date of
such order, the operation of vasectomy if a male or of salpingectomy if a

emale.

§ 37.1-167. Castration or removal of sound organs not authorized.—
Nothing in this chapter shall be construed to authorize the operation of
castration nor the removal of sound organs from the body.

§ 37.1-168. Appeal to Circuit Court.—From any order so entered by
the Board the superintendent or the patient or his committee or guardian
or parent or next friend shall within thirty days after the date of such
order have an appeal of right to the circuit court of the county or city in
which the State hospital is situated, which appeal may be taken by giving
notice thereof in writing to any member of the Board and to the other
parties to the proceedings, whereupon the superintendent shall forthwith
cause a copy of the petition, notice, evidence, and orders of the Board
certified by the Chairman or in his absence by any other member thereof,
to the clerk of the circuit court, who shall file the same and docket the
appeal to be heard and determined by the court as soon thereafter as may
be practicable.

The circuit court in determining such appeal may consider the record
of the proceedings before the Board, including the evidence therein appear-
ing together with such other legal evidence as the court may consider
pertinent and proper that may be offered to the court by any party to the
appeal.

Upon such appeal the circuit court may affirm, revise or reverse the
orders of the Board appealed from and may enter such order as it deems
just and right and which it shall certify to the Board. The pendency of
such appeal shall stay proceedings under the order of the Board until the
appeal be determined.

§ 37.1-169. Appeal to Supreme Court of Appeals.—Any party to such
appeal in the circuit court may within ninety days after the date of the
final order therein, apply for an appeal to the Supreme Court of Ap-
peals, which may grant or refuse such appeal and shall have jurisdiction
to hear and determine the same upon the record of trial in the circuit
court and to enter such order as it may find that the circuit court should
have entered.

The pendency of an appeal in the Supreme Court of Appeals shall
operate as a stay of proceedings, under any orders of the Board or of the
circuit court until the appeal be determined by the Supreme Court of
Appeals.

38 37.1-170. Legal participation in execution of chapter creates no
liability —Neither any of such superintendents nor any other person

legally participating in the execution of the provisions of this chapter shall
be liable either civilly or criminally on account of such participation.

§ 37.1-171. Treatment incidentally involving destruction of repro-
ductive functions.—Nothing in this chapter shall be construed so as to
prevent the medical or surgical treatment for sound therapeutic reasons
of any person in this State, by a physician or surgeon licensed by this State,
which treatment may incidentally involve the nullification or destruction
of the reproductive functions.

CHAPTER 7.
EXTRADITION OF PERSONS OF UNSOUND MIND.

§ 37.1-172. Citation of chapter.—This chapter may be cited as the
Uniform Act for the Extradition of Persons of Unsound Minds.

§ 37.1-173. Definitions——The terms “flight” and “fied” as used in
this chapter shall be construed to mean any voluntary or involuntary
departure from the jurisdiction of the court where the proceedings herein-
after mentioned may have been instituted and are still pending, with the
effect of avoiding, impeding or delaying the action of the court in which
such proceedings may have been instituted or be pending, or any such
departure from the State where the person demanded then was, if he
then was under detention by law as a person of unsound mind and subject
to detention.

The word “State” wherever used in this chapter shall include states,
territories, districts and insular and other possessions of the United States.

The words “executive authority’, “governor”, and “chief magistrate”,
respectively, as applied to a request to return any person within the purview
of this act to or from the District of Columbia, shall include a justice of
the supreme court of the District of Columbia and other authority.

§ 37.1-174. Persons subject to chapter.—This chapter is applicable
to any person alleged to be of unsound mind found in this State, who has
fled from another state, in which at the time of flight:

(a) He was under detention by law in a hospital, asylum or other
institution for the mentally ill as a person of unsound mind; or

(b) He has been theretofore determined by legal proceedings to be
of unsound mind, the finding being unreversed and in full force and effect,
and the control of his person having been acquired by a court of competent
jurisdiction of the state from which he fled; or

(c) He was subject to detention in such state, being then his legal
domicile, personal service of process having been made, based on legal
proceedings there pending to have him declared of unsound mind.

§ 37.1-175. Delivery on demand of executive of foreign state —Any
person within the terms of the preceding section shall, on demand of the
executive authority of the state from which he fled, be delivered up to be
removed thereto.

§ 37.1-176. Procedure.—Whenever the executive authority of any
state demands of the executive authority of this State any fugitive within
the purview of the preceding section and produces a copy of the commit-
ment, decree or other judicial process and proceedings, certified as authentic
by the governor or chief magistrate of the state whence the person so
charged has fled, with an affidavit made before a proper officer showing
the person to be such a fugitive, it shall be the duty of the executive
authority of this State to cause him to be apprehended and secured, if
found in this State, and to cause immediate notice of the apprehension to
be given to the executive authority making such demand, or to the agent
of such authority appointed to receive the fugitive, and to cause the
fugitive to be delivered to such agent when he shall appear. If no such
agent appears within thirty days from the time of the apprehension, the
fugitive may be discharged. All costs and expenses incurred in the appre-
hending, securing, maintaining and transmitting the fugitive to the state
making such demand shall be paid by such state. Any agent so appointed
who receives the fugitive into his custody shall be empowered to transmit
him to the state from which he has fled. The executive authority of this
State is hereby vested with the power, on the application of any person
interested, to demand the return to this State of any fugitive within the
purview of this chapter.

§ 37.1-177. Limitation—Any proceedings under this chapter shall
be begun with one year after the flight referred to in this chapter.

§ 37.1-178. Interpretation.—This chapter shall be so interpreted and
construed as to effectuate its general purpose to make uniform the laws of
those states which enact it.

CHAPTER 8.
LICENSING PRIVATE INSTITUTIONS.

§ 37.1-179. Authority of Board to grant licenses.—The Board may
annually license any suitable person to establish, maintain and operate,
or to have charge of any private institution, hospital or home for the care
or treatment of mentally ill persons, or mentally deficient persons, or
persons addicted to the intemperate use of narcotic drugs, alcohol or
other stimulants; provided, that no institution devoted solely to the
care or treatment of persons addicted to the use of alcohol shall be re-
quired to obtain a license from the Board.

§ 37.1-180. Qualifications of licensee.—No such license shall be
granted for the care or treatment of mentally ill persons unless the Board
is satisfied, after investigation, that the person applying therefor is a
legally qualified practitioner of medicine in the State of Virginia, and has
had practical experience in the care and treatment of such patients. No
license shall be granted for the care and treatment of persons addicted
to the intemperate use of narcotic drugs, alcohol, or other stimulants unless
the Board is satisfied, after investigation, that the person applying
therefor is a graduate of a legally chartered medical school or college and
holds a certificate or license to practice medicine in Virginia, and that he
has been in the actual practice of medicine for the three years next preced-
ing the time at which he applies for a license; nor unless his standing,
Character and professional knowledge of inebriety are satisfactory to the

oard.

§ 37.1-181. Expiration of license; renewal; license fees.—Licenses
granted under this chapter shall expire with the last day of the year in
which they are issued, but may be renewed by the Board. The Board may
fix a reasonable fee not in excess of ten dollars for each license so issued,
and for any renewal thereof. All funds received by the Board under this
chapter shall be paid into the general fund in the State Treasury.

§ 37.1-182. Inspections.—All institutions, hospitals and homes oper-
ated under any such license shall be subject to the supervision and control
of the Board, and to inspection at any reasonable time by any authorized
inspector or agent of the Board. The Board shall inspect all such licensed
institutions, hospitals and homes; provided that the Board shall call upon
other state or local departments to assist in said inspections and such
departments shall render an inspection report to the Board. After receipt
of all inspection reports, the Board shall make the final determination
with respect to the condition of the institution, hospital or home so
inspected. The Board may adopt and enforce such reasonable rules and
regulations as may be necessary or proper to carry out the general pur-
poses of this chapter.

§ 37.1-183. Necessity for license——No person shall be involuntarily
placed in the custody of any private hospital, institution or sanitarium
under the provisions of this title unless it be duly licensed by the Board.
§ 37.1-184. Necessity for supervision of licensed persons.—lt shau
be unlawful for any person to maintain or operate any private institution,
hospital, or home for the care or treatment of mentally ill or mentally
deficient persons, or for the care or treatment of persons addicted to the
intemperate use of narcotic drugs, alcohol or other stimulants, unless such
institution, hospital or home is under the direct personal supervision of a
person duly licensed hereunder ; provided, that this section shall not apply
to any person operating an institution devoted solely to the care or treat-
ment of persons addicted to the use of alcohol.

§ 37.1-185. Revocation or suspension of licenses; resumption of
operation.—(a) The Board is authorized to revoke or suspend any license
issued hereunder, on any of the following grounds: (1) violation of any
provision of this chapter or of any applicable and valid rule or regulation
made pursuant to such provisions; (2) permitting, aiding, or abetting the
commission of an illegal act in such private institution, hospital or home;
(3) conduct or practices detrimental to the welfare of any patient in such
private institution, hospital or home.

(b) Before any license issued under this chapter is SO revoked or
suspended, thirty days’ written notice must be given the licensee of the
date set for hearing of the complaint and he must be furnished with a copy
of the complaint and shall be entitled to be represented by legal counsel at
the hearing. The notice shall be given by the Board by registered mail.

(c) If a license is revoked as herein provided, a new application for
license may be considered by the Board if, when, and after the conditions
upon which revocation was based have been corrected and satisfactory
evidence of this fact has been furnished. A new license may then be
granted after proper inspection has been made and all provisions of this
chapter and applicable rules and regulations made thereunder have been
complied with and recommendations to such effect has been made by the
Commissioner upon basis of an inspection by any authorized inspector or
agent of the Board.

(d) Suspension of a license shall in all cases be for an indefinite
time and the suspension may be lifted and rights under the license fully or
partially restored at such time as the Commissioner determines, upon basis
of such an inspection, that the rights of the licensee appear to so require
and the interests of the public will not be jeopardized by resumption of
operation.

§ 37.1-186. Review of Board’s refusal, revocation or suspension of
license.—Any person aggrieved by the refusal of the Board to issue a
license or by its revocation or suspension of a license may, within thirty
days after receipt of notice of such action or within a reasonable time
after its failure to take action upon a completed application for a license,
obtain a review by any court having equity jurisdiction in the county or
city in which such private institution, hospital or home is or is proposed
to be located and a copv of the petition for review shall be filed with the
Board. Within five days after receipt of the copy, the Board shall transmit
to the court all of the original papers pertaining to the matter to be
reviewed, and the matter shall be thereupon heard by the court or judge
in vacation as promptly as circumstances will reasonably permit. The court
may enter such orders pending the proceeding as are deemed necessary
or proper in accordance with the principles of equity jurisprudence and
procedure. The hearing may be upon the record so transmitted, but the
court may hear such additional evidence as it deems proper, and upon
the conclusion of the hearing, the court may affirm, vacate or modify the
order appealed from. Costs may be ordered to be paid as the court or judge
deems proper in accordance with principles of equity. Any party to the
proceeding may appeal from the decision of the court to the Supreme Court
of Appeals, in the same manner as appeals are taken from courts of equity

generally. o.

§ 37.1-187. Proceeding to prevent unlawful operation of institu-
tion.—In case any such private institution, hospital or home is being
operated in violation of the provisions of this chapter or of any applicable
rules and regulations made under such provisions, the Board, in addition
to other remedies, may institute any appropriate action or proceedings to
prevent such unlawful operation and to restrain, correct or abate such
violation or violations. Such action or proceeding shall be instituted in a
court of record having equity jurisdiction in the county or city where such
private institution, hospital or home is located, and such court shall have
jurisdiction to enjoin such unlawful operation or such violation or viola-
tions.

§ 37.1-188. Cure by mental or spiritual means without use of drugs
or material remedy.—Nothing in this chapter contained shall be construed
to authorize or require a license of a person to establish, maintain, and
operate, or to have charge of, any private institution, hospital or home for
the care or treatment of persons by the practice of the religious tenets of
any church in the ministration to the sick and suffering by mental or
spiritual means without the use of any drug or material remedy, whether
gratuitously or for compensation, provided the statutes and regulations on
sanitation are complied with.

§ 37.1-189. Penalty.—Any person violating any provision of this
chapter or any applicable rule and regulation made under such provisions
shall be guilty of a misdemeanor, and upon conviction thereof shall be
punished by a fine of not more than five hundred dollars, and each day, or
part thereof, of continuation of any sueh violation shall constitute a
separate offense.

CHAPTER 9.
INTERSTATE COMPACT.

§ 37.1-190. Enactment of Compact.—The Interstate Compact on
Mental Health is hereby recognized and enacted into law and entered into
by this state with all other states legally joining therein in the form
substantially as follows:

; INTERSTATE COMPACT ON
MENTAL HEALTH.

The contracting states solemnly agree that:
Article I

The party states find that the proper and expeditious treatment of the
mentally ill and mentally deficient can be facilitated by cooperative action,
to the benefit of the patients, their families, and society as a whole.
Further, the party states find that the necessity of and desirability of
furnishing such care and treatment bears no primary relation to the
residence or citizenship of the patient but that, on the contrary, the
controlling factors of community safety and humanitarianism require that
facilities and services be made available for all who are in need of them.
Consequently, it is the purpose of this compact and of the party states to
provide the necessary legal basis for the institutionalization or other
appropriate care and treatment of the mentally ill and mentally deficient
under a system that recognizes the paramount importance of patient wel-
fare and to establish the responsibilities of the party states in terms of
such welfare.

Article II

As used in this compact:
(a) “Sending state” shall mean a party state from which a patient
is transported pursuant to the provisions of the compact or from which
it is contemplated that a patient may be so sent.
(b) “Receiving state” shall mean a party state to which a patient is
transported pursuant to the provisions of the compact or to which it is
contemplated that a patient may be so sent. a

(c) “Institution” shall mean any hospital or other facility maintained
by a party state or political subdivision thereof for the care and treatment
of mental illness or mental deficiency.

(d) “Patient” shall mean any person subject to or eligible as deter-
mined by the laws of the sending state, for institutionalization or other
care, treatment, or supervision pursuant to the provisions of this compact.

(e) ‘“After-care” shall mean care, treatment and services provided a
patient, as defined herein, on convalescent status or conditional release.

(f) “Mental illness” shall mean mental disease to such extent that
a person so afflicted required care and treatment for his own welfare, or
the welfare of others, or of the community.

(g) “Mental deficiency” shall mean mental deficiency as defined by
appropriate clinical authorities to such extent that a person so afflicted
is incapable of managing himself and his affairs, but shall not include
mental illness as defined herein.

(h) “State” shall mean any state, territory or possession of the United
States, the District of Columbia, and the Commonwealth of Puerto Rico.

Article III

(a) Whenever a person physically present in any party state shall be
in need of institutionalization by reason of mental illness or mental defi-
ciency, he shall be eligible for care and treatment in an institution in that
state irrespective of his residence, settlement or citizenship qualifications.

(b) The provisions of paragraph (a) of this article to the contrary
notwithstanding, any patient may be transferred to an institution in
another state, whenever there are factors based upon clinical determi-
nations indicating that the care and treatment of said patient would be
facilitated or improved thereby. Any such institutionalization may be for
the entire period of care and treatment or for any portion or portions
thereof. The factors referred to in this paragraph shall include the
patient’s full record with due regard for the location of the patient’s
family, character of the illness and probable duration thereof, and such
other factors as shall be considered appropriate.

(c) No state shall be obliged to receive any patient pursuant to the
provisions of paragraph (b) of this article unless the sending state has
given advance notice of its intention to send the patient; furnished all
available medical and other pertinent records concerning the patient; given
the qualified medical or other appropriate clinical authorities of the receiv-
ing state an opportunity to examine the patient if said authorities so wish;
and unless the receiving state shall agree to accept the patient.

(d) In the event that the laws of the receiving state establish a
system of priorities for the admission of patient, an interstate patient
under this compact shall receive the same priority as a local patient and
shall be taken in the same order and at the same time that he would be
taken if he were a local patient.

(e) Pursuant to this compact, the determination as to the suitable
place of institutionalization for a patient may be reviewed at any time and
such further transfer of the patient may be made as seems likely to be in
the best interest of the patient.

Article IV

(a) Whenever, pursuant to the laws of the state in which a patient is
physically present, it shall be determined that the patient should receive
after-care or supervision, such care or supervision may be provided in a
receiving state. If the medical or other appropriate clinical authorities
having responsibility for the care and treatment of the patient in the
sending state shall have reason to believe that after-care in another state
would be in the best interest of the patient and would not jeopardize the
public safety, they shall request the appropriate authorities in the receiving
state to investigate the desirability of affording the patient such after-care
in said receiving state, and such investigation shall be made with all
reasonable speed. The request for investigation shall be accompanied by
complete information concerning the patient’s intended place of residence
and the identity of the person in whose charge it is proposed to place the
patient, the complete medical history of the patient, and such other docu-
ments as may be pertinent.

(b) If the medical or other appropriate clinical authorities having
responsibility for the care and treatment of the patient in the sending
state and the appropriate authorities in the receiving state find that the
best interest of the patient would be served thereby, and if the public
safety would not be jeopardized thereby, the patient may receive after-care
or supervision in the receiving state.

(c) In supervising, treating, or caring for a patient on after-care
pursuant to the terms of this article, a receiving state shall employ the
same standards of visitation, examination, care and treatment that it
employs for similar local patients.

Article V

Whenever a dangerous or potentially dangerous patient escapes from
an institution in any party state, that state shall promptly notify all
appropriate authorities within and without the jurisdiction of the escape
In &@ Manner reasonably calculated to facilitate the speedy apprehension
of the escapee. Immediately upon the apprehension and identification of
any such dangerous or potentially dangerous patient, he shall be detained
in the state where found pending disposition in accordance with law.

Article VI

The duly accredited officers of any state party to this compact, upon
the establishment of their authority and the identity of the patient, shall
be permitted to transport any patient being moved pursuant to this com-
pact through any and all states party to this compact, without interference.

Article VII

(a) No person shall be deemed a patient of more than one institution
at any given time. Completion of transfer of any patient to an institution
in a recelving state shall have the effect of making the person a patient
of the institution in the receiving state.

(b) The sending state shall pay all costs of an incidential to the
transportation of any patient pursuant to this compact, but any two or
more party states may, by making a specific agreement for that purpose,
arrange for a different allocation of costs as among themselves.

(c) No provision of this compact shall be construed to alter or affect
any internal relationships among the department, agencies, and officers
of and in the government of a party state, or between a party state and its
subdivisions, as to the payment of costs, or responsibilities therefor.

(d) Nothing in this compact shall be construed to prevent any party
state or subdivison thereof from asserting any right against any person,
agency or other entity in regard to costs for which such party state or
sci ie thereof may be responsible pursuant to any provision of this
compact.

_ (e) Nothing in this compact shall be construed to invalidate any
reciprocal agreement between a party state and a non-party state relating
to institutionalization, care or treatment of the mentally ill or mentally
deficient, or any statutory authority pursuant to which such agreements
may be made.
(a) Nothing in this compact shall be construed to abridge, diminish,
or in any way impair the rights, duties, and responsibilities of any patient’s
guardian on his own behalf or in respect of any patient for whom he may
serve, except that where the transfer of any patient to another jurisdiction
makes advisable the appointment of a supplemental or substitute guardian,
any court of competent jurisdiction in the receiving state may make such
supplemental or substitute appointment and the court which appointed the
previous guardian shall upon being duly advised of the new appointment,
and upon the satisfactory completion of such accounting and other acts
as such court may by law require, relieve the previous guardian of power
and responsibility to whatever extent shall be appropriate in the circum-
stances; provided, however, that in the case of any patient having settle-
ment in the sending state, the court of competent jurisdiction in the send-
ing state shall have the sole discretion to relieve a guardian appointed by
it or continue his power and responsibility, whichever it shall deem advis-
able. The court in the receiving state may, in its discretion, confirm or
reappoint the person or persons previously serving as guardian in the send-
ing state in lieu of making a supplemental or substitute appointment.

(b) The term “guardian” as used in paragraph (a) of this article
shall include any guardian, trustee, legal committee, conservator, or other
person or agency however denominated who is charged by law with power
to act for or responsibility for the person or property of a patient.

Article IX

(a) No provision of this compact except Article V shall apply to any
person institutionalized while under sentence in a penal or correctional
institution or while subject to trial on a criminal charge, or whose institu-
tionalization is due to the commission of an offense for which, in the
absence of mental illness or mental deficiency, said person would be subject
to incarceration in a penal or correctional institution.

(b) To every extent possible, it shall be the policy of states party to
this compact that no patient shall be placed or detained in any prison, jail
or lockup, but such patient shall, with all expedition, be taken to a suit-
able institutional facility for mental illness or mental deficiency.

Article X

(a) Each party state shall appoint a “compact administrator” who,
on behalf of his state, shall act as general coordinator of activities under
the compact in his state and who shall receive copies of all reports, cor-
respondence, and other documents relating to any patient processed under
the compact by his state either in the capacity of sending or receiving
state. The compact administrator or his duly designated representative
shall be the official with whom other party states shall deal in any matter
relating to the compact or any patient processed thereunder.

) The compact administrators of the respective party states shall
have power to promulgate reasonable rules and regulations to carry out
more effectively the terms and provisions of this compact.

Article XI

The duly constituted administrative authorities of any two or more
party states may enter into supplementary agreements for the provision
of any service or facility or for the maintenance of any institution on a
joint or cooperative basis whenever the states concerned shall find that
such agreements will improve services, facilities, or institutional care and
treatment in the fields of mental illness or mental deficiency. No such
supplementary agreement shall be construed so as to relieve any party state
of any obligation which it otherwise would have under other provisions
of this compact.
This compact shall enter into full force and effect as to any state when
enacted by it into law and such state shall thereafter be a party thereto
with any and all states legally joining therein.

Article XIII

(a) A state party to this compact may withdraw therefrom by enact-
ing a statute repealing the same. Such withdrawal shall take effect one
year after notice thereof has been communicated officially and in writing
to the governors and compact administrators of all other party states. How-
ever, the withdrawal of any state shall not change the status of any patient
who has been sent to said state or sent out of said state pursuant to the
provisions of the compact. ;

(b) Withdrawal from any agreement permitted by Article VII (b)
as to costs or from any supplementary agreement made pursuant to Article
XI shall be in accordance with the terms of such agreement.

Article XIV

This compact shall be liberally construed so as to effectuate the
purposes thereof. The provisions of this compact shall be severable and if
any phrase, clause, sentence or provision of this compact Is declared to be
contrary to the constitution of any party state or of the United States or
the applicability thereof to any government, agency, person or circum-
stance is held invalid, the validity of the remainder of this compact and
the applicability thereof to any government, agency, person or circumstance
shall not be affected thereby. If this compact shall be held contrary to
the constitution of any state party thereto, the compact shall remain in
full force and effect as to the state affected as to all severable matters.

§ 37.1-191. Compact Administrator; Powers.—Pursuant to said com-
pact, the Commissioner of Mental Hygiene and Hospitals shall be the
compact administrator who, acting jointly with like officers of other party
states, shall have power to promulgate rules and regulations to carry out
more effectively the terms of the compact. The compact administrator is
hereby authorized, empowered and directed to cooperate with all depart-
ments, agencies and officers of and in the government of this state and its
subdivisions in facilitating the proper administration of the compact or any
supplementary agreement or agreements entered into by this state there-
under.

§ 37.1-192. Supplementary Agreements.—The compact administra-
tor is hereby authorized and empowered to enter into supplementary
agreements with appropriate officials of other states pursuant to Articles
VII and XI of the compact. In the event that such supplementary agree-
ments shall require or contemplate the use of any institution or facility of
this state or require or contemplate the provision of any service by this
state, no such agreement shall have force or effect until approved by the
head of the department or agency under whose jurisdiction said institution
or facility is operated or whose department or agency will be charged
with the rendering of such service.

§ 37.1-193. Discharge of financial obligations.—The compact admini-
strator may make or arrange for any payments necessary to discharge any
financial obligations upon this state by the compact or by any supplemen-
tary agreement entered into thereunder.

CHAPTER 10.

COMMUNITY MENTAL HEAI.TH AND

MENTAL RETARDATION SERVICES.
§ 37.1-194. Purpose; Services to be provided.—_The Department, for
the purposes of establishing, maintaining, and promoting the development
of mental health and mental retardation services in the State, may make

matching grants to assist any county having a population of approximately
fifty thousand or more or any city having a population of approximately
seventy-five thousand or more, or any combination of counties or counties
and cities having a combined population of approximately fifty thousand or
more, in the establishment and operation of local mental health programs
to provide:

(a) Collaborative and co-operative services with public health and
other groups for programs of prevention of mental illness, other psychiatric
disabilities, and mental retardation.

(b) Informational and education services to the general public, and
lay and professional groups.

(c) Consultative services to courts, public schools, health and welfare
agencies available to the public.

(d) Outpatient diagnostic and treatment services.

(e) Rehabilitative services for patients suffering from mental or
emotional disorders, other psychiatric conditions and mental retardation.

(f) Inpatient diagnostic and treatment services.

(g) Research and training of personnel.

(h) Aftercare for the patient released from a mental hospital.

§ 37.1-195. Community Mental Health Services Board; Appointment,
and Membership.—Every city, county or combination of counties or coun-
ties and cities establishing a community mental health services program,
before it may come within the provisions of this act, shall establish a single
community mental health services board, with neither less than five nor
more than fifteen members. When any city or county singly establishes a
program, the board shall be appointed by the mayor of the city or by the
chairman of the county board of supervisors. When any combination of
counties or counties and cities establishes a community mental health
services program, the chairman of the board of supervisors of each county
in the case of counties or mayor in the case of cities shall establish the size
of the board between five and fifteen members, and shall select and appoint
the members of said board.

§ 37.1-196. Same; Term, Vacancies, Removal.—The term of office of
each member of the community mental health board shall be for three
years from the first day of January of the year of appointment, except that
of the members first appointed, several shall be appointed for terms of one
year each, several for terms of two years each, and the remaining members
of the board for terms of three years each. The selection of members for
one, two, and three year terms shall be as nearly equal as possible with
regard to the total number of members on the board. Vacancies shall be
filled for unexpired terms in the same manner as original appointments.
Any member of a board may be removed by the appointing authority for
cause, after being given a written statement of the causes and an opportu-
nity to be heard thereon.

§ 37.1-197. Same; Powers and Duties.—Every community mental
health board shall:

(a) Review and evaluate community mental health and mental re-
tardation services and facilities, both public and private, available to
serve the community.

(b) Submit to the governing body or bodies of each political sub-
division, of which it is an agency, a program of community mental health
and mental retardation services and facilities.

_(c) Within amounts appropriated thereon, execute such program and
maintain such services as may be authorized under such appropriations.

(d) Enter into contracts for rendition or operation of services or
facilities.

(e) Make rules or regulations concerning the rendition or operation of
CH. 477] ACTS OF ASSEMBLY 687

services and facilities under its direction or supervision, subject to appli-
cable standards or regulations of the Department.

(f) Appoint a director of community mental health services whose
qualifications meet the standards fixed by the Department and prescribe
his duties. The compensation of such director shall be fixed by the board
within the amounts made available by appropriation therefor.

(g) Prescribe a reasonable schedule of fees for services provided by
personnel or facilities under the jurisdiction or supervision of the board
and for the manner of collection of the same; provided, however, that all
collected fees shall be deposited with the treasurer of the political sub-
division of which the board is an agency, or, in the case of a joint board,
with the treasurer of the political subdivision specified by agreement;
provided further, that such collected fees shall be used only for community
mental health purposes.

(h) Accept or refuse gifts, donations, bequests or grants of money or
property from any source and utilize the same as authorized by the govern-
ing body or bodies of the political subdivision or subdivisions of which it is
an agency.

(1) Seek and accept funds through Federal grants.

§ 37.1-198. Mental Health Programs; Approval of Plan and Budget;
Application for Grant.—Any city, county or combination of counties or
counties and cities which establishes a community mental health board
administering a mental health services program may apply for the assist-
ance as provided in this act by submitting annually to the Department
its plan and budget for the next fiscal year together with the recommen-
dations of the community mental health board thereon. No program shall
be eligible for a grant hereunder unless its plan and budget have been
approved by the Department.

§ 37.1-199. Same; Allocation of Funds by Department; With-
drawal.—At the beginning of each fiscal year the Department may allocate
available funds to the community mental health and mental retardation
programs for disbursement during the fiscal year in accordance with such
approved plans and budgets. From time to time during the fiscal year, the
Department shall review the budgets and expenditures of the various
programs and if funds are not needed for a program to which they were
allocated, it may withdraw such funds as are unencumbered, after reason-
able notice and opportunity for hearing, and reallocate them to other pro-
grams. It may withdraw funds from any program which is not being
administered in accordance with its approved plan and budget.

§ 37.1-200. Same; Withdrawal of County or City; State Matching
Grants.—No county or city participating in a joint community mental
health program shall withdraw therefrom without two years’ notice to the
other participating counties or cities unless the other counties or cities
consent to an earlier withdrawal. State matching grants for any program
shall be fifty percent of the total local expenditures, less collected fees, for
salaries, contract facilities and services; operation, maintenance and ser-
vice costs; travel expense of members of community mental health boards
and other expenditures specifically approved and authorized by the Depart-
ment.

§ 37.1-201. Same; Construction and Mental Health Services
Grants.—The State may grant up to fifty percent of local expenditures
for construction of facilities to be used in community mental health
programs. Grants may be made for expenditures for mental health services
whether such services are provided by operation of a local facility or
through contract with other nublic or private agencies.

§ 37.1-202. Same; Staff Grants.—The State may grant up to seventy-
five percent of local expenditures for staff members in community mental
health programs.
3. All acts and parts of acts inconsistent with the provisions of this act
are repealed to the extent of such inconsistency.

4. The repeal of Title 37 effective as of October one, nineteen hundred
sixty-eight, shall not affect any act or offense done or committed, or any
penalty or forfeiture incurred, or any right established, accrued or accru-
ing on or before such date, or any prosecution, suit or action pending on
that date. Except as in this act otherwise provided, neither the repeal of
Title 37 of the Code of Virginia nor the enactment of Title 37.1 shall apply
to offenses committed prior to October one, nineteen hundred sixty-eight,
and prosecutions for such offenses shall be governed by the prior law, which
is continued in effect for that purpose. For the purposes of this act, an
offense was committed prior to October one, nineteen hundred sixty-eight,
if any of the essential elements of the offense occurred prior thereto.

5. Whenever in Title 37.1 any of the conditions, requirements, provisions
or contents of any section, article or chapter of Title 37, as such title
existed prior to October one, nineteen hundred sixty-eight, are transferred
in the same or in modified form to a new section, article or chapter of
Title 37.1, and whenever any such former section, article or chapter of
Title 37 is given a new number in Title 37.1, all references to any such
former section, article or chapter of Title 37 appearing elsewhere in the
Code of Virginia than in Title 37.1 shall be construed to apply to the new
or renumbered section, article or chapter containing such conditions, re-
quirements, provisions or contents or portions thereof.

6. It is the intention of the General Assembly that this act shall be
liberally construed to effect the purposes set out herein, and if any clause.
sentence, paragraph or section of this act shall ever be declared uncon-
stitutional, it shall be deemed severable, and the remainder of this act
shall continue in full force and effect.

7. This act shall become effective on October one, nineteen hundred
sixty-eight.