Virginia and Federal Laws Affecting Substance Abusers

By Montan, Nils | Developments in Mental Health Law, January-June 1989 | Go to article overview

Virginia and Federal Laws Affecting Substance Abusers


Montan, Nils, Developments in Mental Health Law


There are many laws, statutes, ordinances, rules, regulations and case precedents that may affect substance abusers in the Commonwealth of Virginia. The majority of these laws, both state and federal, are reproduced in summary form below. Some laws are directed specifically at conduct or behavior associated with substance abusers. These are generally found in the area of crimes. Other laws, like many of the anti-discrimination statutes, will affect substance abusers as a sub-class of disabled persons. Finally other laws, such as the anti-dumping provisions of COBRA, affect substance abusers only as members of the public who may be in need of certain services. (Medicaid provisions, some of which cover mental illness and therefore possibly substance abusers, require more in-depth analysis and will be examined in a future issue.) A central theme of all these laws can be seen: while the status of being an alcoholic or a drug addict in itself is not a crime or a reason for discrimination, substance abusers will be required to conform their behavior to law and, even in cases involving discrimination, may be required to actively seek treatment.

INDEX

I. Discrimination

   A. Employment

      1. Federal Rehabilitation Act of 1973
      2. Comprehensive Alcohol Abuse and Alcohol
         Prevention, Treatment and Rehabilitation
         Act of 1970
      3. Federal Drug Prevention Statute
      4. Virginians with Disabilities Act
      5. Virginia Human Rights Act
      6. Local Human Rights Ordinances

   B. Housing

      1. Fair Housing Amendments Act of 1988
      2. Federal Rehabilitation Act of 1973
      3. Virginia Fair Housing Law
      4. Zoning Ordinances

   C. Medical Treatment

      1. Hill-Burton Act (Hospital Survey and
         Construction Act)
      2. Consolidated Omnibus Reconciliation Act
         of 1986 (COBRA)
      3. Insurance law
      4. HMO law

II. Social Security Benefits

III. Mental Health Laws

IV. Crimes

   A. Controlled Substances

      1. Alcohol
      2. Drugs

   B. Public Drunkenness
   C. Interdiction
   D. Vehicles

      1. Motor Vehicles
      2. Motor Boats
      3. Aircraft

   E. Firearms
   F. Defense of Crimes

      1. Insanity

V. Regulation of Professions

   A. Certified Alcoholism and Drug Counselors
   B. Reporting Statutes

      1. Health care practitioners

   C. Consent

      1. Minors

Nils Montan is a member of the Virginia bar and is presently an LL.M. candidate at the University of Virginia School of Law.

Virginia and federal laws affecting substance abusers

General Area                     Citation

I. Discrimination

A. Employment

1. Federal Rehabilitation Act    29 U.S.C. [section] 701
of 1973                          through 796

2. Comprehensive Alcohol Abuse   42 U.S.C. [section] 290dd
and Alcohol Prevention,
Treatment and Rehabilitation
Act of 1970

3. Federal Drug Prevention       42 U.S.C. [section] 290dd
Statute

4. Virginians with               Va. Code Ann.
Disabilities Act                 [section][section] 51.5-1 to
                                 46

5. Virginia Human Rights Act     Va. Code Ann.
                                 [section][section] 2.1-714 to
                                 725

6. Local Human Rights            Va. Code Ann. [section] 15.1-
Ordinances                       37.3:8

B. Housing

1. Fair Housing Amendments Act   42 U.S.C. [section][section]
of 1988                          3601 through 3619 24 CFR 100

2. Federal Rehabilitation Act    29 U.S.C. [section] 701
of 1973                          through 796

3. Virginia Fair Housing Law     Va. Code Ann. [section]
                                 [section] 36-86 to 94

4. Zoning Ordinances             Va. Code Ann. [section] 15.1-
                                 486.2

C. Medical Treatment

1. Hill-Burton Act (Hospital     42 U.S. 

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Virginia and Federal Laws Affecting Substance Abusers
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.