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Section 40.1-29-1. – Name.

§ 40.1-29-1. Name. There is hereby created the Governor’s Council on Behavioral Health, hereinafter referred to as “the council.” History of Section.P.L. 2001, ch. 57, § 1.

Section 40.1-29-2. – Legislative purpose.

§ 40.1-29-2. Legislative purpose. The purpose of the council is to advise the governor and general assembly on policies, goals, and operations of the behavioral health program, including the program areas of substance use disorder and mental health, and on other matters the director of behavioral healthcare, developmental disabilities and hospitals refers to it and […]

Section 40.1-29-3. – Members.

§ 40.1-29-3. Members. (a) The council shall consist of thirty-two (32) voting members. (1) There shall be four (4) members of the legislature, two (2) shall be from the senate and shall be appointed by the senate president to serve for their legislative term, one from each of the major political parties, and two (2) […]

Section 40.1-29-4. – Meetings.

§ 40.1-29-4. Meetings. The council shall meet at least six (6) times a year. Failure to attend three (3) meetings in a year may result in a recommendation of removal from the council to the governor or other appropriate appointing authority. A quorum at the meeting shall consist of seven (7) voting members present. History […]

Section 40.1-29-5. – Functions.

§ 40.1-29-5. Functions. The functions of the council shall be: (1) To review and evaluate the behavioral health needs and problems in the state and propose such recommendations as are appropriate; (2) To stimulate and seek the development and coordination of all programs relating to behavioral health, including, but not limited to, such areas as […]

Section 40.1-29-6. – Staff and employees.

§ 40.1-29-6. Staff and employees. The director of behavioral healthcare, developmental disabilities and hospitals shall provide the council with professional and secretarial staff and other support as shall be appropriate for it to carry out its designated functions. The director of the department of children, youth and families and the director of the office of […]

Section 40.1-27-6. – Immunity from liability.

§ 40.1-27-6. Immunity from liability. Any person who, in good faith, makes an oral or written report pursuant to § 40.1-27-2, excluding any perpetrator or conspirator of the acts described in § 40.1-27-1, shall have immunity from any liability, civil or criminal, that might be incurred as a result of having made the report. No […]

Section 40.1-27-7. – Non-retaliation or discrimination.

§ 40.1-27-7. Non-retaliation or discrimination. A program that discharges, discriminates, or retaliates against a person who makes a report, testifies, or is about to testify in any proceeding, shall be liable to the person so discharged, discriminated, or retaliated against, for treble damages, costs, and attorney’s fees. History of Section.P.L. 1990, ch. 414, § 1.

Section 40.1-27-8. – Abrogation of privilege.

§ 40.1-27-8. Abrogation of privilege. Any privilege established by chapter 37.3 of title 5, or any professional code relating to the exclusion of confidential communications and/or the competency of witnesses, may not be invoked in any civil or criminal action arising out of a report made pursuant to this chapter or the failure to make […]

Section 40.1-27-9. – Notice — Posting provisions.

§ 40.1-27-9. Notice — Posting provisions. A notice of the reporting requirements imposed under this chapter, and of the penalty imposed for failure to report, shall be conspicuously posted on each floor of any program required to be licensed under the provisions of § 40.1-24-1 et seq. History of Section.P.L. 1990, ch. 414, § 1.