{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-1103.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-1103.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-1103.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-1103.html"}],"law_id":77155,"edition_id":1,"section_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","history":"1997, c. 921, \u00a7 37.1-134.21; 1999, cc. 814, 946, 985; 2003, c. 790; 2004, cc. 66, 104, 1014; 2005, c. 716; 2008, cc. 551, 691.","full_text":"A\n\nBased upon the opinion of a licensed physician that an adult person is incapable of making an informed decision as a result of a physical injury or illness and that the medical standard of care indicates that testing, observation, and treatment are necessary to prevent imminent and irreversible harm, a magistrate may issue, for good cause shown, an emergency custody order for the adult person to be taken into custody and transported to a hospital emergency room for testing, observation, or treatment.B\n\nPrior to issuance of an emergency custody order pursuant to this section, the magistrate shall ascertain that there is no legally authorized person available to give consent to necessary treatment for the adult person and that the adult person (i) is incapable of making an informed decision regarding obtaining necessary treatment, (ii) has refused transport to obtain such necessary treatment, (iii) has indicated an intention to resist such transport, and (iv) is unlikely to become capable of making an informed decision regarding obtaining necessary treatment within the time required for such decision.C\n\nAn opinion by the licensed physician that an adult person is incapable of making an informed decision as a result of physical injury or illness shall only be rendered after the licensed physician has communicated electronically or personally with the emergency medical services personnel on the scene and has attempted to communicate electronically or personally with the adult person to obtain information and medical data concerning the cause of the adult person’s incapacity, has attempted to obtain consent from the adult person, and has failed to obtain consent.D\n\nIf there is a change in the person’s condition, the emergency medical services personnel shall contact the licensed physician. If at any time the licensed 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 observation, testing, or treatment.E\n\nUpon reaching the emergency room, the person shall be evaluated by a licensed physician. If the physician determines that the person meets the requirements of § 37.2-1104, the physician may apply for a temporary detention order pursuant to that that section. If the physician determines that the person does not meet the requirements of § 37.2-1104, the person shall be released from custody immediately. The person shall remain in custody until this evaluation is performed, but in no event shall the period of custody under this section exceed four hours.F\n\nThe law-enforcement officer may lawfully go to or be sent beyond the territorial limits of the county, city or town in which he serves to any point in the Commonwealth for the purpose of executing an emergency custody order pursuant to this section. Nothing herein shall preclude a law-enforcement officer from obtaining emergency medical treatment or further medical evaluation at any time for a person in his custody as provided in this section.G\n\nIf an emergency custody order is not executed within four hours of its issuance, the order shall be void and shall be returned unexecuted to the office of the clerk of the issuing court or, if such office is not open, to any magistrate serving the jurisdiction of the issuing court.","order_by":null,"text":{"0":{"id":276783,"text":"Based upon the opinion of a licensed physician that an adult person is incapable of making an informed decision as a result of a physical injury or illness and that the medical standard of care indicates that testing, observation, and treatment are necessary to prevent imminent and irreversible harm, a magistrate may issue, for good cause shown, an emergency custody order for the adult person to be taken into custody and transported to a hospital emergency room for testing, observation, or treatment.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":276784,"text":"Prior to issuance of an emergency custody order pursuant to this section, the magistrate shall ascertain that there is no legally authorized person available to give consent to necessary treatment for the adult person and that the adult person (i) is incapable of making an informed decision regarding obtaining necessary treatment, (ii) has refused transport to obtain such necessary treatment, (iii) has indicated an intention to resist such transport, and (iv) is unlikely to become capable of making an informed decision regarding obtaining necessary treatment within the time required for such decision.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":276785,"text":"An opinion by the licensed physician that an adult person is incapable of making an informed decision as a result of physical injury or illness shall only be rendered after the licensed physician has communicated electronically or personally with the emergency medical services personnel on the scene and has attempted to communicate electronically or personally with the adult person to obtain information and medical data concerning the cause of the adult person’s incapacity, has attempted to obtain consent from the adult person, and has failed to obtain consent.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":276786,"text":"If there is a change in the person’s condition, the emergency medical services personnel shall contact the licensed physician. If at any time the licensed 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 observation, testing, or treatment.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":276787,"text":"Upon reaching the emergency room, the person shall be evaluated by a licensed physician. If the physician determines that the person meets the requirements of § 37.2-1104, the physician may apply for a temporary detention order pursuant to that that section. If the physician determines that the person does not meet the requirements of § 37.2-1104, the person shall be released from custody immediately. The person shall remain in custody until this evaluation is performed, but in no event shall the period of custody under this section exceed four hours.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":276788,"text":"The law-enforcement officer may lawfully go to or be sent beyond the territorial limits of the county, city or town in which he serves to any point in the Commonwealth for the purpose of executing an emergency custody order pursuant to this section. Nothing herein shall preclude a law-enforcement officer from obtaining emergency medical treatment or further medical evaluation at any time for a person in his custody as provided in this section.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":276789,"text":"If an emergency custody order is not executed within four hours of its issuance, the order shall be void and shall be returned unexecuted to the office of the clerk of the issuing court or, if such office is not open, to any magistrate serving the jurisdiction of the issuing court.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-1103\/","history_text":"

This law was first created in 1997. The record of its establishment is cataloged in chapter 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 5 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 814<\/a>, 946<\/a>, and 985<\/a>; in 2003, chapter 790<\/a>; in 2004, chapters 66<\/a>, 104<\/a>, and 1014<\/a>; in 2005, chapter 716<\/a>; in 2008, chapters 551<\/a> and 691<\/a>.<\/p>","references":[{"id":64055,"section_number":"37.2-1109","catch_line":"Use of electronic communication","order_by":null,"url":"\/37.2-1109\/"}],"refers_to":[{"id":74221,"section_number":"37.2-1104","catch_line":"Temporary detention in hospital for testing, observation, or treatment","order_by":null,"url":"\/37.2-1104\/"}],"permalink":{"id":210633,"object_type":"law","relational_id":77155,"identifier":"37.2-1103","token":"37.2\/IV\/11\/37.2-1103","url":"\/37.2-1103\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-1103\/","token":"37.2\/IV\/11\/37.2-1103","dublin_core":{"Title":"Emergency custody orders for adult persons who are incapable of making an informed decision as a result of physical injury or illness","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-1103","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Based upon the opinion<\/span> of a licensed physician that an adult person is incapable of making an informed decision<\/span> as a result of a physical injury or illness and that the medical standard of care indicates that testing, observation, and treatment<\/span> are necessary to prevent imminent and irreversible harm, a magistrate<\/span> may issue<\/span>, for good cause shown, an emergency custody<\/span> order<\/span> for the adult person to be taken into custody<\/span> and transported to a hospital emergency room for testing, observation, or treatment<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Prior to issuance of an emergency custody<\/span> order<\/span> pursuant to this section, the magistrate<\/span> shall ascertain that there is no legally authorized person available to give consent to necessary treatment<\/span> for the adult person and that the adult person (i) is incapable of making an informed decision<\/span> regarding obtaining necessary treatment<\/span>, (ii) has refused transport to obtain such necessary treatment<\/span>, (iii) has indicated an intention to resist such transport, and (iv) is unlikely to become capable of making an informed decision regarding obtaining necessary treatment<\/span> within the time required for such decision. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> An opinion<\/span> by the licensed physician that an adult person is incapable of making an informed decision<\/span> as a result of physical injury or illness shall only be rendered after the licensed physician has communicated electronically or personally with the emergency medical services personnel on the scene and has attempted to communicate electronically or personally with the adult person to obtain information and medical data concerning the cause of the adult person’s incapacity, has attempted to obtain consent from the adult person, and has failed to obtain consent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If there is a change in the person’s condition, the emergency medical services personnel shall contact the licensed physician. If at any time the licensed physician determines that a person subject to an order<\/span> 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 observation, testing, or treatment<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Upon reaching the emergency room, the person shall be evaluated by a licensed physician. If the physician determines that the person meets the requirements of § 37.2-1104<\/a>, the physician may apply for a temporary detention order<\/span> pursuant to that that section. If the physician determines that the person does not meet the requirements of § 37.2-1104<\/a>, the person shall be released from custody<\/span> immediately. The person shall remain in custody<\/span> until this evaluation is performed, but in no event shall the period of custody<\/span> under this section exceed four hours. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The law<\/span>-enforcement officer may lawfully go to or be sent beyond the territorial limits of the county, city or town in which he serves to any point in the Commonwealth for the purpose of executing an emergency custody<\/span> order<\/span> pursuant to this section. Nothing herein shall preclude a law<\/span>-enforcement officer from obtaining emergency medical treatment<\/span> or further medical evaluation at any time for a person in his custody<\/span> as provided in this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> If an emergency custody<\/span> order<\/span> is not executed within four hours of its issuance, the order<\/span> shall be void and shall be returned unexecuted to the office of the clerk of the issuing court<\/span> or, if such office is not open, to any magistrate<\/span> serving the jurisdiction<\/span> of the issuing court<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEMERGENCY CUSTODY ORDERS FOR ADULT PERSONS WHO ARE INCAPABLE OF MAKING AN\nINFORMED DECISION AS A RESULT OF PHYSICAL INJURY OR ILLNESS (\u00a7 37.2-1103)\n\nA. Based upon the opinion of a licensed physician that an adult person is\nincapable of making an informed decision as a result of a physical injury or\nillness and that the medical standard of care indicates that testing,\nobservation, and treatment are necessary to prevent imminent and irreversible\nharm, a magistrate may issue, for good cause shown, an emergency custody order\nfor the adult person to be taken into custody and transported to a hospital\nemergency room for testing, observation, or treatment.\n\nB. Prior to issuance of an emergency custody order pursuant to this section, the\nmagistrate shall ascertain that there is no legally authorized person available\nto give consent to necessary treatment for the adult person and that the adult\nperson (i) is incapable of making an informed decision regarding obtaining\nnecessary treatment, (ii) has refused transport to obtain such necessary\ntreatment, (iii) has indicated an intention to resist such transport, and (iv)\nis unlikely to become capable of making an informed decision regarding obtaining\nnecessary treatment within the time required for such decision.\n\nC. An opinion by the licensed physician that an adult person is incapable of\nmaking an informed decision as a result of physical injury or illness shall only\nbe rendered after the licensed physician has communicated electronically or\npersonally with the emergency medical services personnel on the scene and has\nattempted to communicate electronically or personally with the adult person to\nobtain information and medical data concerning the cause of the adult\nperson’s incapacity, has attempted to obtain consent from the adult\nperson, and has failed to obtain consent.\n\nD. If there is a change in the person’s condition, the emergency medical\nservices personnel shall contact the licensed physician. If at any time the\nlicensed physician determines that a person subject to an order under this\nsubsection has become capable of making and communicating an informed decision,\nthe physician shall rely on the person’s decision on whether to consent to\nfurther observation, testing, or treatment.\n\nE. Upon reaching the emergency room, the person shall be evaluated by a licensed\nphysician. If the physician determines that the person meets the requirements of\n§ 37.2-1104, the physician may apply for a temporary detention order\npursuant to that that section. If the physician determines that the person does\nnot meet the requirements of § 37.2-1104, the person shall be released from\ncustody immediately. The person shall remain in custody until this evaluation is\nperformed, but in no event shall the period of custody under this section exceed\nfour hours.\n\nF. The law-enforcement officer may lawfully go to or be sent beyond the\nterritorial limits of the county, city or town in which he serves to any point\nin the Commonwealth for the purpose of executing an emergency custody order\npursuant to this section. Nothing herein shall preclude a law-enforcement\nofficer from obtaining emergency medical treatment or further medical evaluation\nat any time for a person in his custody as provided in this section.\n\nG. If an emergency custody order is not executed within four hours of its\nissuance, the order shall be void and shall be returned unexecuted to the office\nof the clerk of the issuing court or, if such office is not open, to any\nmagistrate serving the jurisdiction of the issuing court.\n\nHISTORY: 1997, c. 921, \u00a7 37.1-134.21; 1999, cc. 814, 946, 985; 2003, c. 790;\n2004, cc. 66, 104, 1014; 2005, c. 716; 2008, cc. 551, 691.","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}}