HB 309 Virginia House of Delegates · 2026 Regular Session

Hospitals; temporary detention for testing, observation, or treatment.

Summary
Temporary detention in hospital for testing, observation, or treatment. Provides that while seeking the issuance of an order for temporary detention in a hospital for testing, observation, or treatment, or an extension of such order, the person who would be subject to such order and is currently subject to an order issued pursuant to current law shall remain in the custody of the facility where he is located for up to two hours, and any security personnel shall ensure that such person does not leave the facility while such person is unable to provide informed consent. The bill states that the person shall be permitted to leave the facility if (i) such order is not issued; (ii) the physician determines the person does not meet the requirements for temporary detention; or (iii) the person's guardian or person legally authorized to make an informed decision on his behalf refuses to consent to continued detention, testing, observation, or treatment. The bill also provides that any licensed health professional, licensed hospital, including a hospital licensed by the Department of Health pursuant to relevant law, or security personnel assisting a licensed health professional shall have no liability arising out of a claim to the extent the claim is based on a lack of consent to the detention of a person when such professional or hospital is seeking the court's or magistrate's authorization for such detention.
Bill status signed all 5 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
House of Delegates Passage
Mar 2026
Senate Passage
Mar 2026
Signed into Law
Apr 2026
Introduced Jan 9, 2026 Signed Apr 13, 2026
Maddy AI version diff · 4 comparisons

What changed between versions

Behavioral Health Subcommittee Substitute Chaptered · 3 edits
MINOR
The bill was finalized into law (Chapter 588) with minor formatting updates, such as adding standard chapter headers and adjusting spacing in section titles. The substantive policy content regarding temporary detention for testing and treatment remains unchanged from the previous substitute version.
Scope change
The bill's scope and applicability remain unchanged; it continues to govern temporary hospital detention for testing, observation, or treatment under the Code of Virginia.
TECHNICAL

Added standard legislative chapter headers and approval dates to finalize the bill as law.

Adjusted spacing in section titles (e.g., changed '§ 37.2-1104' to '§ 37.2-1104.') to match official formatting standards.

DEFINITION

Updated the list of individuals who can reject consent in subsection C to explicitly include 'guardian, agent, or any other individual legally authorized' instead of just 'legal guardian or other person authorized'.

Floor votes · Senate Mar 3, 2026 · House of Delegates Feb 9, 2026

How they voted

390
Passed
Total votes 39
Mar 3, 2026
D Democratic20
20 Yea
100% Yea
R Republican19
19 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
36
Key actions
13
Committee
8
Amendments
3
Apr 13, 2026
Signed into law
Approved by Governor-Chapter 588 (effective 7/1/2026)
executive
Mar 13, 2026
Upper · Passed
Signed by President
upper
Mar 13, 2026
Lower · Passed
Signed by Speaker
lower
Mar 13, 2026
Lower · Passed
Bill text as passed House and Senate (HB309ER)
lower
Mar 6, 2026
Lower · Passed
Senate amendments agreed to by House (97-Y 0-N 0-A)
lower
Mar 4, 2026
Upper · Passed
Passed Senate with amendments Block Vote (40-Y 0-N 0-A)
upper
Mar 4, 2026
Introduced
Engrossed by Senate as amended
upper
Mar 4, 2026
Upper · Passed
Courts of Justice Amendments agreed to
upper
Mar 3, 2026
Upper · Passed
Passed by for the day Block Vote (Voice Vote)
upper
Mar 2, 2026
Upper · Passed
Reported from Courts of Justice with amendments (15-Y 0-N)
upper
Mar 2, 2026
Upper · Passed
Senate committee offered
upper
Feb 19, 2026
Committee
Rereferred from Education and Health to Courts of Justice (14-Y 0-N)
upper
Feb 10, 2026
Committee
Referred to Committee on Education and Health
upper
Feb 9, 2026
Lower · Passed
Read third time and passed House (98-Y 0-N 0-A)
lower
Feb 3, 2026
Lower · Passed
Reported from Health and Human Services with substitute (22-Y 0-N)
lower
Jan 29, 2026
Lower · Passed
House subcommittee offered
lower
Jan 16, 2026
Committee
Assigned sub: Behavioral Health
lower
Jan 9, 2026
Committee
Referred to Committee on Health and Human Services
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Patrick Hope
Patrick Hope
DDemocratic
VA
1