CODE OF VIRGINIA

WHEN HEALTH PROFESSIONAL OR LICENSED HOSPITAL NOT LIABLE (§ 37.2-1106)

Any licensed health professional or licensed hospital, including a hospital
licensed by the Department of Health pursuant to § 32.1-123, administering
treatment, or providing testing, or detention pursuant to the court’s or
magistrate’s authorization as provided in this chapter shall have no
liability arising out of a claim to the extent the claim is based on lack of
consent to the treatment, testing or detention. Any such professional or
hospital administering treatment with the consent of the person receiving or
being offered treatment shall have no liability arising out of a claim to the
extent it is based on lack of capacity to consent, if a court or a magistrate
has denied a petition hereunder to authorize the treatment and the denial was
based on an affirmative finding that the person was capable of making and
communicating an informed decision regarding the proposed treatment.

HISTORY: 1997, c. 921, § 37.1-134.21; 1999, cc. 814, 946, 985; 2003, c. 790;
2004, cc. 66, 104, 1014; 2005, cc. 716, 751.