CODE OF VIRGINIA

TEMPORARY DETENTION IN HOSPITAL FOR TESTING, OBSERVATION OR TREATMENT (§
37.2-1104)

A. Upon the advice of a licensed physician who has attempted to obtain consent
and upon a finding of probable cause to believe that an adult person within the
court’s jurisdiction is incapable of making an informed decision regarding
treatment of a physical or mental condition or is incapable of communicating
such a decision due to a physical or mental condition and that the medical
standard of care calls for testing, observation, or treatment within the next 24
hours to prevent death or disability, or to treat an emergency medical condition
that requires immediate action to avoid harm, injury, or death, the court or, if
the court is unavailable, a magistrate serving the jurisdiction may issue an
order authorizing temporary detention of the person by a hospital emergency room
or other appropriate facility and authorizing such testing, observation, or
treatment. The detention may not be for a period exceeding 24 hours, unless
extended by the court as part of an order authorizing treatment under §
37.2-1101. If, before completion of authorized testing, observation, or
treatment, the physician determines that a person subject to an order under this
subsection has become capable of making and communicating an informed decision,
the physician shall rely on the person’s decision on whether to consent to
further testing, observation, or treatment. If, before issuance of an order
under this subsection or during its period of effectiveness, the physician
learns of an objection by a member of the person’s immediate family to the
testing, observation, or treatment, he shall so notify the court or magistrate,
who shall consider the objection in determining whether to issue, modify, or
terminate the order.

B. A court or, if the court is unavailable, a magistrate serving the
jurisdiction may issue an order authorizing temporary detention for testing,
observation, or treatment for a person who is also the subject of an emergency
custody order issued pursuant to § 37.2-808, if such person meets the criteria
set forth in subsection A. In any case in which an order for temporary detention
for testing, observation, or treatment is issued for a person who is also the
subject of an emergency custody order pursuant to § 37.2-808, the hospital
emergency room or other appropriate facility in which the person is detained for
testing, observation, or treatment shall notify the nearest community services
board when such testing, observation, or treatment is complete, and the designee
of the community services board shall, as soon as is practicable and prior to
the expiration of the order for temporary detention issued pursuant to
subsection A, conduct an evaluation of the person to determine if he meets the
criteria for temporary detention pursuant to § 37.2-809.

HISTORY: 1997, c. 921, § 37.1-134.21; 1999, cc. 814, 946, 985; 2003, c. 790;
2004, cc. 66, 104, 1014; 2005, c. 716; 2008, cc. 551, 691; 2015, c. 659.