{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-1106.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-1106.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-1106.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-1106.html"}],"law_id":81800,"edition_id":1,"section_id":81800,"structure_id":15593,"section_number":"37.2-1106","catch_line":"When health professional or licensed hospital not liable","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":"Any licensed health professional or licensed hospital, including a hospital licensed by the Department of Health pursuant to \u00a7 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.","order_by":null,"text":{"0":{"id":293108,"text":"Any licensed health professional or licensed hospital, including a hospital licensed by the Department of Health pursuant to \u00a7 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.","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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-1106\/","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 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 814<\/a>, 946<\/a>, and 985<\/a>; in 2003, chapter 790<\/a>; in 2004, chapters 66<\/a>, 104<\/a>, and 1014<\/a>; in 2005, chapters 716<\/a> and 751<\/a>.<\/p>","references":false,"refers_to":[{"id":80727,"section_number":"32.1-123","catch_line":"(Effective January 1, 2026) Definitions","order_by":null,"url":"\/32.1-123\/"}],"permalink":{"id":210645,"object_type":"law","relational_id":81800,"identifier":"37.2-1106","token":"37.2\/IV\/11\/37.2-1106","url":"\/37.2-1106\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-1106\/","token":"37.2\/IV\/11\/37.2-1106","dublin_core":{"Title":"When health professional or licensed hospital not liable","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-1106","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Any licensed health professional or licensed hospital<\/span>, including a hospital licensed by the Department<\/span> of Health pursuant to \u00a7 32.1-123<\/a>, administering treatment<\/span>, or providing testing, or detention pursuant to the court<\/span>’s or magistrate<\/span>’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<\/span>, testing or detention. Any such professional or hospital administering treatment<\/span> with the consent of the person receiving or being offered treatment<\/span> shall have no liability arising out of a claim to the extent it is based on lack of capacity to consent, if a court<\/span> or a magistrate<\/span> has denied a petition<\/span> hereunder to authorize the treatment<\/span> and the denial was based on an affirmative finding<\/span> that the person was capable of making and communicating an informed decision regarding the proposed treatment<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN HEALTH PROFESSIONAL OR LICENSED HOSPITAL NOT LIABLE (\u00a7 37.2-1106)\n\nAny licensed health professional or licensed hospital, including a hospital\nlicensed by the Department of Health pursuant to \u00a7 32.1-123, administering\ntreatment, or providing testing, or detention pursuant to the court’s or\nmagistrate’s authorization as provided in this chapter shall have no\nliability arising out of a claim to the extent the claim is based on lack of\nconsent to the treatment, testing or detention. Any such professional or\nhospital administering treatment with the consent of the person receiving or\nbeing offered treatment shall have no liability arising out of a claim to the\nextent it is based on lack of capacity to consent, if a court or a magistrate\nhas denied a petition hereunder to authorize the treatment and the denial was\nbased on an affirmative finding that the person was capable of making and\ncommunicating an informed decision regarding the proposed treatment.\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}}