(a)  “Facility rendering care or treatment” means and includes, but is not limited to, public and private hospitals, community residences as defined by § 40.1-24.5-1, shelter-care facilities, board-and-care facilities, group homes, nursing homes, and other congregate living facilities for mentally ill individuals.

(b)  “Mentally ill individual” means an individual:

(1)  Who has a significant mental illness or emotional impairment, as determined by a mental health professional qualified under the laws and regulations of the state; and

(2)  Who is an inpatient or resident in a facility as defined in subsection (a).