{"law_id":"795325","section_number":"54.1-2983.2","catch_line":"Capacity; required determinations","history":"2009, cc. 211, 268; 2010, c. 792.","order_by":null,"metadata":false,"court_decisions":{},"official_url":"http:\/\/law.lis.virginia.gov\/vacode\/54.1-2983.2\/","refers_to":[{"id":"771065","section_number":"54.1-2986","catch_line":"Procedure in absence of an advance directive; procedure for advance directive without agent; no presumption; persons who may authorize health care for patients incapable of informed decisions","url":"\/54.1-2986\/"}],"url":"\/54.1-2983.2\/","token":"54.1\/III\/29\/8\/54.1-2983.2","structure":{"1":{"id":"2081","name":"Health Care Decisions Act","identifier":"8","label":"article","url":"\/54.1\/III\/29\/8\/"},"2":{"id":"94","name":"Medicine And Other Healing Arts","identifier":"29","label":"chapter","url":"\/54.1\/III\/29\/"},"3":{"id":"93","name":"Professions And Occupations Regulated By Boards Within The Department Of Health Professions","identifier":"III","label":"subtitle","url":"\/54.1\/III\/"},"4":{"id":"92","name":"Professions And Occupations","identifier":"54.1","label":"title","url":"\/54.1\/"}},"referred_to_by":false,"edition_id":"11","section_id":"795325","structure_id":"2081","full_text":"A Every adult shall be presumed to be capable of making an informed decision unless he is determined to be incapable of making an informed decision in accordance with this article. A determination that a patient is incapable of making an informed decision may apply to a particular health care decision, to a specified set of health care decisions, or to all health care decisions. No person shall be deemed incapable of making an informed decision based solely on a particular clinical diagnosis.\r\rB Prior to providing, continuing, withholding, or withdrawing health care pursuant to an authorization that has been obtained or will be sought pursuant to this article and prior to, or as soon as reasonably practicable after initiating health care for which authorization has been obtained or will be sought pursuant to this article, and no less frequently than every 180 days while the need for health care continues, the attending physician shall certify in writing upon personal examination of the patient that the patient is incapable of making an informed decision regarding health care and shall obtain written certification from a capacity reviewer that, based upon a personal examination of the patient, the patient is incapable of making an informed decision. However, certification by a capacity reviewer shall not be required if the patient is unconscious or experiencing a profound impairment of consciousness due to trauma, stroke, or other acute physiological condition. The capacity reviewer providing written certification that a patient is incapable of making an informed decision, if required, shall not be otherwise currently involved in the treatment of the person assessed, unless an independent capacity reviewer is not reasonably available. The cost of the assessment shall be considered for all purposes a cost of the patient’s health care.\r\rC If, at any time, a patient is determined to be incapable of making an informed decision, the patient shall be notified, as soon as practical and to the extent he is capable of receiving such notice, that such determination has been made before providing, continuing, withholding, or withdrawing health care as authorized by this article. Such notice shall also be provided, as soon as practical, to the patient’s agent or person authorized by \u00a7 54.1-2986 to make health care decisions on his behalf.\r\rD A single physician may, at any time, upon personal evaluation, determine that a patient who has previously been determined to be incapable of making an informed decision is now capable of making an informed decision, provided such determination is set forth in writing.\r\r","text":{"0":{"id":"2567085","text":"Every adult shall be presumed to be capable of making an informed decision unless he is determined to be incapable of making an informed decision in accordance with this article. A determination that a patient is incapable of making an informed decision may apply to a particular health care decision, to a specified set of health care decisions, or to all health care decisions. No person shall be deemed incapable of making an informed decision based solely on a particular clinical diagnosis.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1},"1":{"id":"2567086","text":"Prior to providing, continuing, withholding, or withdrawing health care pursuant to an authorization that has been obtained or will be sought pursuant to this article and prior to, or as soon as reasonably practicable after initiating health care for which authorization has been obtained or will be sought pursuant to this article, and no less frequently than every 180 days while the need for health care continues, the attending physician shall certify in writing upon personal examination of the patient that the patient is incapable of making an informed decision regarding health care and shall obtain written certification from a capacity reviewer that, based upon a personal examination of the patient, the patient is incapable of making an informed decision. However, certification by a capacity reviewer shall not be required if the patient is unconscious or experiencing a profound impairment of consciousness due to trauma, stroke, or other acute physiological condition. The capacity reviewer providing written certification that a patient is incapable of making an informed decision, if required, shall not be otherwise currently involved in the treatment of the person assessed, unless an independent capacity reviewer is not reasonably available. The cost of the assessment shall be considered for all purposes a cost of the patient’s health care.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1},"2":{"id":"2567087","text":"If, at any time, a patient is determined to be incapable of making an informed decision, the patient shall be notified, as soon as practical and to the extent he is capable of receiving such notice, that such determination has been made before providing, continuing, withholding, or withdrawing health care as authorized by this article. Such notice shall also be provided, as soon as practical, to the patient’s agent or person authorized by \u00a7 54.1-2986 to make health care decisions on his behalf.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1},"3":{"id":"2567088","text":"A single physician may, at any time, upon personal evaluation, determine that a patient who has previously been determined to be incapable of making an informed decision is now capable of making an informed decision, provided such determination is set forth in writing.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1}},"ancestry":{"1":{"id":"2081","name":"Health Care Decisions Act","identifier":"8","label":"article","url":"\/54.1\/III\/29\/8\/"},"2":{"id":"94","name":"Medicine And Other Healing Arts","identifier":"29","label":"chapter","url":"\/54.1\/III\/29\/"},"3":{"id":"93","name":"Professions And Occupations Regulated By Boards Within The Department Of Health Professions","identifier":"III","label":"subtitle","url":"\/54.1\/III\/"},"4":{"id":"92","name":"Professions And Occupations","identifier":"54.1","label":"title","url":"\/54.1\/"}},"structure_contents":{"0":{"id":"785723","structure_id":"2081","section_number":"54.1-2981","catch_line":"Short title","url":"\/54.1-2981\/","token":"54.1\/III\/29\/8\/54.1-2981"},"1":{"id":"781449","structure_id":"2081","section_number":"54.1-2982","catch_line":"Definitions","url":"\/54.1-2982\/","token":"54.1\/III\/29\/8\/54.1-2982"},"2":{"id":"793207","structure_id":"2081","section_number":"54.1-2983","catch_line":"Procedure for making advance directive; notice to physician","url":"\/54.1-2983\/","token":"54.1\/III\/29\/8\/54.1-2983"},"3":{"id":"784847","structure_id":"2081","section_number":"54.1-2983.1","catch_line":"Participation in health care research","url":"\/54.1-2983.1\/","token":"54.1\/III\/29\/8\/54.1-2983.1"},"4":{"id":"795325","structure_id":"2081","section_number":"54.1-2983.2","catch_line":"Capacity; required determinations","url":"\/54.1-2983.2\/","token":"54.1\/III\/29\/8\/54.1-2983.2"},"5":{"id":"774729","structure_id":"2081","section_number":"54.1-2983.3","catch_line":"Exclusions and limitations of advance directives","url":"\/54.1-2983.3\/","token":"54.1\/III\/29\/8\/54.1-2983.3"},"6":{"id":"768092","structure_id":"2081","section_number":"54.1-2985","catch_line":"Revocation of an advance directive","url":"\/54.1-2985\/","token":"54.1\/III\/29\/8\/54.1-2985"},"7":{"id":"776176","structure_id":"2081","section_number":"54.1-2985.1","catch_line":"Injunction; court-ordered health care","url":"\/54.1-2985.1\/","token":"54.1\/III\/29\/8\/54.1-2985.1"},"8":{"id":"771065","structure_id":"2081","section_number":"54.1-2986","catch_line":"Procedure in absence of an advance directive; procedure for advance directive without agent; no presumption; persons who may authorize health care for patients incapable of informed decisions","url":"\/54.1-2986\/","token":"54.1\/III\/29\/8\/54.1-2986"},"9":{"id":"775320","structure_id":"2081","section_number":"54.1-2986.1","catch_line":"Duties and authority of agent or person identified in \u00a7 54.1-2986","url":"\/54.1-2986.1\/","token":"54.1\/III\/29\/8\/54.1-2986.1"},"10":{"id":"767754","structure_id":"2081","section_number":"54.1-2986.2","catch_line":"Health care decisions in the event of patient protest","url":"\/54.1-2986.2\/","token":"54.1\/III\/29\/8\/54.1-2986.2"},"11":{"id":"790885","structure_id":"2081","section_number":"54.1-2987","catch_line":"Transfer of patient by physician who refuses to comply with advance directive or health care decision","url":"\/54.1-2987\/","token":"54.1\/III\/29\/8\/54.1-2987"},"12":{"id":"783201","structure_id":"2081","section_number":"54.1-2987.1","catch_line":"Durable Do Not Resuscitate Orders","url":"\/54.1-2987.1\/","token":"54.1\/III\/29\/8\/54.1-2987.1"},"13":{"id":"769173","structure_id":"2081","section_number":"54.1-2988","catch_line":"Immunity from liability; burden of proof; presumption","url":"\/54.1-2988\/","token":"54.1\/III\/29\/8\/54.1-2988"},"14":{"id":"795918","structure_id":"2081","section_number":"54.1-2989","catch_line":"Willful destruction, concealment, etc., of declaration or revocation; penalties","url":"\/54.1-2989\/","token":"54.1\/III\/29\/8\/54.1-2989"},"15":{"id":"786305","structure_id":"2081","section_number":"54.1-2989.1","catch_line":"Failure to deliver advance directive","url":"\/54.1-2989.1\/","token":"54.1\/III\/29\/8\/54.1-2989.1"},"16":{"id":"776103","structure_id":"2081","section_number":"54.1-2990","catch_line":"Medically unnecessary health care not required; procedure when physician refuses to comply with an advance directive or a designated person's health care decision; mercy killing or euthanasia prohibited","url":"\/54.1-2990\/","token":"54.1\/III\/29\/8\/54.1-2990"},"17":{"id":"776400","structure_id":"2081","section_number":"54.1-2991","catch_line":"Effect of declaration; suicide; insurance; declarations executed prior to effective date","url":"\/54.1-2991\/","token":"54.1\/III\/29\/8\/54.1-2991"},"18":{"id":"788701","structure_id":"2081","section_number":"54.1-2992","catch_line":"Preservation of existing rights","url":"\/54.1-2992\/","token":"54.1\/III\/29\/8\/54.1-2992"},"19":{"id":"772239","structure_id":"2081","section_number":"54.1-2993","catch_line":"Reciprocity","url":"\/54.1-2993\/","token":"54.1\/III\/29\/8\/54.1-2993"}},"previous_section":{"id":"784847","structure_id":"2081","section_number":"54.1-2983.1","catch_line":"Participation in health care research","url":"\/54.1-2983.1\/","token":"54.1\/III\/29\/8\/54.1-2983.1"},"next_section":{"id":"774729","structure_id":"2081","section_number":"54.1-2983.3","catch_line":"Exclusions and limitations of advance directives","url":"\/54.1-2983.3\/","token":"54.1\/III\/29\/8\/54.1-2983.3"},"references":false,"formats":{"txt":"\/54.1-2983.2.txt","json":"\/54.1-2983.2.json","xml":"\/54.1-2983.2.xml"},"dublin_core":{"Title":"Capacity; required determinations","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2983.2","Relation":"Code of Virginia"},"plain_text":"                                 CODE OF VIRGINIA\n\nCAPACITY; REQUIRED DETERMINATIONS (\u00a7 54.1-2983.2)\n\nA. Every adult shall be presumed to be capable of making an informed decision\nunless he is determined to be incapable of making an informed decision in\naccordance with this article. A determination that a patient is incapable of\nmaking an informed decision may apply to a particular health care decision, to a\nspecified set of health care decisions, or to all health care decisions. No\nperson shall be deemed incapable of making an informed decision based solely on\na particular clinical diagnosis.\n\nB. Prior to providing, continuing, withholding, or withdrawing health care\npursuant to an authorization that has been obtained or will be sought pursuant\nto this article and prior to, or as soon as reasonably practicable after\ninitiating health care for which authorization has been obtained or will be\nsought pursuant to this article, and no less frequently than every 180 days\nwhile the need for health care continues, the attending physician shall certify\nin writing upon personal examination of the patient that the patient is\nincapable of making an informed decision regarding health care and shall obtain\nwritten certification from a capacity reviewer that, based upon a personal\nexamination of the patient, the patient is incapable of making an informed\ndecision. However, certification by a capacity reviewer shall not be required if\nthe patient is unconscious or experiencing a profound impairment of\nconsciousness due to trauma, stroke, or other acute physiological condition. The\ncapacity reviewer providing written certification that a patient is incapable of\nmaking an informed decision, if required, shall not be otherwise currently\ninvolved in the treatment of the person assessed, unless an independent capacity\nreviewer is not reasonably available. The cost of the assessment shall be\nconsidered for all purposes a cost of the patient’s health care.\n\nC. If, at any time, a patient is determined to be incapable of making an\ninformed decision, the patient shall be notified, as soon as practical and to\nthe extent he is capable of receiving such notice, that such determination has\nbeen made before providing, continuing, withholding, or withdrawing health care\nas authorized by this article. Such notice shall also be provided, as soon as\npractical, to the patient’s agent or person authorized by \u00a7 54.1-2986 to\nmake health care decisions on his behalf.\n\nD. A single physician may, at any time, upon personal evaluation, determine that\na patient who has previously been determined to be incapable of making an\ninformed decision is now capable of making an informed decision, provided such\ndetermination is set forth in writing.\n\nHISTORY: 2009, cc. 211, 268; 2010, c. 792."}