CODE OF VIRGINIA

EXCLUSIONS AND LIMITATIONS OF ADVANCE DIRECTIVES (§ 54.1-2983.3)

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.

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 (§
37.2-800 et seq.) 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 (§ 37.2-800 et seq.)
of Title 37.2.

HISTORY: 2009, cc. 211, 268; 2010, c. 792.