Temporary Detention Orders within the Commonwealth are issued by a magistrate after consultation with a community area service board representative who has evaluated the patient.
A physician licensed in the Commonwealth also examines the patient to provide medical clearance.
Currently no direct communication between the treating physician and the magistrate is required, and thus the magistrate does not have the benefit of any information the physician could provide that might be helpful in rendering his decision.
This Bill is needed to ensure that magistrates will seek direct physician input, so that it may be considered along with the information provided by the community area service board representative in rendering a decision regarding the temporary detention order.
Frequently a patient who has expressed suicidal or homicidal thoughts is released after an evaluation, only to injure himself or others shortly afterwards. Treating physicians had significant concerns, but this information was not made available to the magistrate for his consideration.
Had the magistrates known of these concerns, perhaps different outcomes may have resulted.
If magistrates were required to hear any concerns directly from the treating physicians following their evaluation, this would ensure that all available information is at the magistrate’s disposal prior to rendering his decision.
HB 2955 will require that magistrates seek this information directly.
A significant number (near the majority) of patients who are being evaluated for a temporary detention order receive their medical screening in an emergency department where physicians are readily available at any time. Thus, a magistrate would be able to speak directly with the treating physician with little to no delay.
HB 2955 is essential to help ensure that patients’ rights are further protected along with the safety of the citizens of the Commonwealth.
For more information contact VaCEP’s Executive Director, Gwen Harry at:
