Virginia Code 54.1-2983.3: Exclusions and limitations of advance directives
A. The absence of an advance directive by an adult patient shall not give rise to any presumption as to his intent to consent to or refuse any particular health care.
Terms Used In Virginia Code 54.1-2983.3
- Adult: means a person 18 years of age or more. See Virginia Code 1-203
- Advance directive: means (i) a witnessed written document, voluntarily executed by the declarant in accordance with the requirements of § 54. See Virginia Code 54.1-2982
- Health care: means the furnishing of services to any individual for the purpose of preventing, alleviating, curing, or healing human illness, injury or physical disability, including but not limited to, medications; surgery; blood transfusions; chemotherapy; radiation therapy; admission to a hospital, nursing home, assisted living facility, or other health care facility; psychiatric or other mental health treatment; and life-prolonging procedures and palliative care. See Virginia Code 54.1-2982
B. The provisions of this article shall not apply to authorization of nontherapeutic sterilization, abortion, or psychosurgery.
C. If any provision of a patient’s advance directive conflicts with the authority conferred by any emergency custody, temporary detention, involuntary admission, and mandatory outpatient treatment order set forth in Chapter 8 of Title 37.2 or by any other provision of law, the provisions of the patient’s advance directive that create the conflict shall have no effect. However, a patient’s advance directive shall otherwise be given full effect.
D. The provisions of this article, if otherwise applicable, may be used to authorize admission of a patient to a facility, as defined in § 37.2-100, only if the admission is otherwise authorized under Chapter 8 of Title 37.2.