{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-1108.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-1108.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-1108.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-1108.html"}],"law_id":59505,"edition_id":1,"section_id":59505,"structure_id":15593,"section_number":"37.2-1108","catch_line":"Effect of chapter on other laws","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":"A\n\nNothing in this chapter shall be deemed to affect the right to use and the authority conferred by any other applicable statutory or regulatory procedure relating to consent or to diminish any common law authority of a physician or other treatment provider to administer treatment to a person unable to give or to communicate informed consent to those actions, with or without the consent of the person’s relative, including common law or other authority to provide treatment in an emergency situation; nor shall anything in this chapter be construed to affect the law defining the conditions under which consent shall be obtained for administering treatment or the nature of the consent required.B\n\nJudicial authorization for treatment pursuant to this chapter need not be obtained for a person for whom consent or authorization has been granted or issued or may be obtained in accordance with the provisions of Article 8 (§ 54.1-2981 et seq.) of Chapter 29 of Title 54.1 or other applicable statutes or common law of the Commonwealth.","order_by":null,"text":{"0":{"id":218015,"text":"Nothing in this chapter shall be deemed to affect the right to use and the authority conferred by any other applicable statutory or regulatory procedure relating to consent or to diminish any common law authority of a physician or other treatment provider to administer treatment to a person unable to give or to communicate informed consent to those actions, with or without the consent of the person’s relative, including common law or other authority to provide treatment in an emergency situation; nor shall anything in this chapter be construed to affect the law defining the conditions under which consent shall be obtained for administering treatment or the nature of the consent required.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":218016,"text":"Judicial authorization for treatment pursuant to this chapter need not be obtained for a person for whom consent or authorization has been granted or issued or may be obtained in accordance with the provisions of Article 8 (§ 54.1-2981 et seq.) of Chapter 29 of Title 54.1 or other applicable statutes or common law of the Commonwealth.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-1108\/","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":77307,"section_number":"54.1-2981","catch_line":"Short title","order_by":null,"url":"\/54.1-2981\/"}],"permalink":{"id":210653,"object_type":"law","relational_id":59505,"identifier":"37.2-1108","token":"37.2\/IV\/11\/37.2-1108","url":"\/37.2-1108\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-1108\/","token":"37.2\/IV\/11\/37.2-1108","dublin_core":{"Title":"Effect of chapter on other laws","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-1108","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Nothing in this chapter shall be deemed to affect the right to use and the authority<\/span> conferred by any other applicable statutory or regulatory procedure relating to consent or to diminish any common law<\/span> authority<\/span> of a physician or other treatment<\/span> provider to administer treatment<\/span> to a person unable to give or to communicate informed consent to those actions, with or without the consent of the person’s relative, including common law<\/span> or other authority<\/span> to provide treatment<\/span> in an emergency situation; nor shall anything in this chapter be construed to affect the law defining the conditions under which consent shall be obtained for administering treatment<\/span> or the nature of the consent required. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Judicial authorization for treatment<\/span> pursuant to this chapter need not be obtained for a person for whom consent or authorization has been granted or issued or may be obtained in accordance with the provisions of Article 8 (§ 54.1-2981<\/a> et seq.) of Chapter 29 of Title 54.1 or other applicable statutes<\/span> or common law<\/span> of the Commonwealth. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEFFECT OF CHAPTER ON OTHER LAWS (\u00a7 37.2-1108)\n\nA. Nothing in this chapter shall be deemed to affect the right to use and the\nauthority conferred by any other applicable statutory or regulatory procedure\nrelating to consent or to diminish any common law authority of a physician or\nother treatment provider to administer treatment to a person unable to give or\nto communicate informed consent to those actions, with or without the consent of\nthe person’s relative, including common law or other authority to provide\ntreatment in an emergency situation; nor shall anything in this chapter be\nconstrued to affect the law defining the conditions under which consent shall be\nobtained for administering treatment or the nature of the consent required.\n\nB. Judicial authorization for treatment pursuant to this chapter need not be\nobtained for a person for whom consent or authorization has been granted or\nissued or may be obtained in accordance with the provisions of Article 8 (§\n54.1-2981 et seq.) of Chapter 29 of Title 54.1 or other applicable statutes or\ncommon law of the Commonwealth.\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}}