{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-1100.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-1100.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-1100.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-1100.html"}],"law_id":83720,"edition_id":1,"section_id":83720,"structure_id":15593,"section_number":"37.2-1100","catch_line":"Definitions","history":"1997, c. 921, \u00a7 37.1-134.21; 1999, cc. 814, 946, 985; 2003, c. 790; 2004, cc. 66, 104, 1014; 2005, cc. 716, 751.","full_text":"As used in this chapter, unless the context requires a different meaning:\n\t\t&#8220;Disorder&#8221; includes any physical or mental disorder or impairment, whether caused by injury, disease, genetics, or other cause.\n\t\t&#8220;Incapable of making an informed decision&#8221; means unable to understand the nature, extent, or probable consequences of a proposed treatment or unable to make a rational evaluation of the risks and benefits of the proposed treatment as compared with the risks and benefits of alternatives to the treatment. Persons with dysphasia or other communication disorders who are mentally competent and able to communicate shall not be considered incapable of giving informed consent.\n\t\t&#8220;Treatment&#8221; includes the provision, withholding, or withdrawal of a specific treatment or course of treatment upon a showing that the requirements of subsection G of \u00a7 37.2-1101 have been met.","order_by":null,"text":{"0":{"id":300110,"text":"As used in this chapter, unless the context requires a different meaning:\n\t\t&#8220;Disorder&#8221; includes any physical or mental disorder or impairment, whether caused by injury, disease, genetics, or other cause.\n\t\t&#8220;Incapable of making an informed decision&#8221; means unable to understand the nature, extent, or probable consequences of a proposed treatment or unable to make a rational evaluation of the risks and benefits of the proposed treatment as compared with the risks and benefits of alternatives to the treatment. Persons with dysphasia or other communication disorders who are mentally competent and able to communicate shall not be considered incapable of giving informed consent.\n\t\t&#8220;Treatment&#8221; includes the provision, withholding, or withdrawal of a specific treatment or course of treatment upon a showing that the requirements of subsection G of \u00a7 37.2-1101 have been met.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15593,"edition_id":1,"name":"Judicial Authorization of Treatment","identifier":"11","label":"chapter","depth":3,"order_by":1,"parent_id":14269,"metadata":{},"date_created":"2026-06-26 03:56:39","date_modified":"2026-06-26 03:56:39","permalink":{"id":210619,"object_type":"structure","relational_id":15593,"identifier":"11","token":"37.2\/IV\/11","url":"\/37.2\/IV\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14269,"edition_id":1,"name":"Guardianship, Conservatorship, and Judicial Authorization of Treatment","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12843,"metadata":{},"date_created":"2026-06-26 03:47:33","date_modified":"2026-06-26 03:47:33","permalink":{"id":210605,"object_type":"structure","relational_id":14269,"identifier":"IV","token":"37.2\/IV","url":"\/37.2\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12843,"edition_id":1,"name":"Behavioral Health and Developmental Services","identifier":"37.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209673,"object_type":"structure","relational_id":12843,"identifier":"37.2","token":"37.2","url":"\/37.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83720,"structure_id":15593,"section_number":"37.2-1100","catch_line":"Definitions","url":"\/37.2-1100\/","token":"37.2\/IV\/11\/37.2-1100","metadata":false},{"id":60379,"structure_id":15593,"section_number":"37.2-1101","catch_line":"Judicial authorization of treatment","url":"\/37.2-1101\/","token":"37.2\/IV\/11\/37.2-1101","metadata":false},{"id":85041,"structure_id":15593,"section_number":"37.2-1102","catch_line":"Certain actions may not be authorized","url":"\/37.2-1102\/","token":"37.2\/IV\/11\/37.2-1102","metadata":false},{"id":77155,"structure_id":15593,"section_number":"37.2-1103","catch_line":"Emergency custody orders for adult persons who are incapable of making an informed decision as a result of physical injury or illness","url":"\/37.2-1103\/","token":"37.2\/IV\/11\/37.2-1103","metadata":false},{"id":74221,"structure_id":15593,"section_number":"37.2-1104","catch_line":"Temporary detention in hospital for testing, observation, or treatment","url":"\/37.2-1104\/","token":"37.2\/IV\/11\/37.2-1104","metadata":false},{"id":76123,"structure_id":15593,"section_number":"37.2-1105","catch_line":"Appeal from order","url":"\/37.2-1105\/","token":"37.2\/IV\/11\/37.2-1105","metadata":false},{"id":81800,"structure_id":15593,"section_number":"37.2-1106","catch_line":"When health professional or licensed hospital not liable","url":"\/37.2-1106\/","token":"37.2\/IV\/11\/37.2-1106","metadata":false},{"id":73879,"structure_id":15593,"section_number":"37.2-1107","catch_line":"Fees and expenses","url":"\/37.2-1107\/","token":"37.2\/IV\/11\/37.2-1107","metadata":false},{"id":59505,"structure_id":15593,"section_number":"37.2-1108","catch_line":"Effect of chapter on other laws","url":"\/37.2-1108\/","token":"37.2\/IV\/11\/37.2-1108","metadata":false},{"id":64055,"structure_id":15593,"section_number":"37.2-1109","catch_line":"Use of electronic communication","url":"\/37.2-1109\/","token":"37.2\/IV\/11\/37.2-1109","metadata":false}],"next_section":{"id":60379,"structure_id":15593,"section_number":"37.2-1101","catch_line":"Judicial authorization of treatment","url":"\/37.2-1101\/","token":"37.2\/IV\/11\/37.2-1101","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-1100\/","history_text":"<p>This law was first created in 1997. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?971+ful+CHAP0921\">921<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1999, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?991+ful+CHAP0814\">814<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?991+ful+CHAP0946\">946<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?991+ful+CHAP0985\">985<\/a>; in 2003, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0790\">790<\/a>; in 2004, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?041+ful+CHAP0066\">66<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?041+ful+CHAP0104\">104<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?041+ful+CHAP1014\">1014<\/a>; in 2005, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0716\">716<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0751\">751<\/a>.<\/p>","references":[{"id":58930,"section_number":"32.1-127.1:03","catch_line":"Health records privacy","order_by":null,"url":"\/32.1-127.1_03\/"},{"id":84291,"section_number":"37.2-803","catch_line":"Special justices to perform duties of judge","order_by":null,"url":"\/37.2-803\/"},{"id":86844,"section_number":"37.2-804","catch_line":"Fees and expenses","order_by":null,"url":"\/37.2-804\/"},{"id":71749,"section_number":"37.2-817.01","catch_line":"Mandatory outpatient treatment","order_by":null,"url":"\/37.2-817.01\/"},{"id":73700,"section_number":"37.2-908","catch_line":"Trial; right to trial by jury; standard of proof; discovery","order_by":null,"url":"\/37.2-908\/"}],"refers_to":[{"id":60379,"section_number":"37.2-1101","catch_line":"Judicial authorization of treatment","order_by":null,"url":"\/37.2-1101\/"}],"permalink":{"id":210621,"object_type":"law","relational_id":83720,"identifier":"37.2-1100","token":"37.2\/IV\/11\/37.2-1100","url":"\/37.2-1100\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-1100\/","token":"37.2\/IV\/11\/37.2-1100","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-1100","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>As used in this chapter, unless the context requires a different meaning:\n\t\t&#8220;<span class=\"dictionary\">Disorder<\/span>&#8221; includes any physical or mental <span class=\"dictionary\">disorder<\/span> or impairment, whether caused by injury, disease, genetics, or other cause.\n\t\t&#8220;<span class=\"dictionary\">Incapable of making an informed decision<\/span>&#8221; means unable to understand the nature, extent, or probable consequences of a proposed <span class=\"dictionary\">treatment<\/span> or unable to make a rational evaluation of the risks and benefits of the proposed <span class=\"dictionary\">treatment<\/span> as compared with the risks and benefits of alternatives to the <span class=\"dictionary\">treatment<\/span>. Persons with dysphasia or other communication <span class=\"dictionary\">disorders<\/span> who are mentally competent and able to communicate shall not be considered incapable of giving informed consent.\n\t\t&#8220;<span class=\"dictionary\">Treatment<\/span>&#8221; includes the provision, withholding, or withdrawal of a specific <span class=\"dictionary\">treatment<\/span> or course of <span class=\"dictionary\">treatment<\/span> upon a showing that the requirements of subsection G of \u00a7&nbsp;<a class=\"law\" title=\"Judicial authorization of treatment\" href=\"\/37.2-1101\/\">37.2-1101<\/a> have been met.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 37.2-1100)\n\nAs used in this chapter, unless the context requires a different meaning:\n\t\t&#8220;Disorder&#8221; includes any physical or mental disorder or impairment,\nwhether caused by injury, disease, genetics, or other cause.\n\t\t&#8220;Incapable of making an informed decision&#8221; means unable to\nunderstand the nature, extent, or probable consequences of a proposed treatment\nor unable to make a rational evaluation of the risks and benefits of the\nproposed treatment as compared with the risks and benefits of alternatives to\nthe treatment. Persons with dysphasia or other communication disorders who are\nmentally competent and able to communicate shall not be considered incapable of\ngiving informed consent.\n\t\t&#8220;Treatment&#8221; includes the provision, withholding, or withdrawal of\na specific treatment or course of treatment upon a showing that the requirements\nof subsection G of \u00a7 37.2-1101 have been met.\n\nHISTORY: 1997, c. 921, \u00a7 37.1-134.21; 1999, cc. 814, 946, 985; 2003, c. 790;\n2004, cc. 66, 104, 1014; 2005, cc. 716, 751.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}