{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-2969.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-2969.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-2969.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-2969.html"}],"law_id":54830,"edition_id":1,"section_id":54830,"structure_id":12760,"section_number":"54.1-2969","catch_line":"Authority to consent to surgical and medical treatment of certain minors","history":"Code 1950, \u00a7 32-137; 1968, c. 71; 1970, c. 232, \u00a7 54-325.2; 1971, Ex. Sess., c. 183; 1972, cc. 323, 823; 1973, c. 337; 1974, cc. 44, 45, 639; 1977, cc. 523, 525; 1978, cc. 10, 401; 1979, c. 720; 1981, cc. 22, 454, 573; 1984, c. 72; 1988, c. 765; 1989, c. 733; 1999, c. 1001; 2000, c. 798; 2002, cc. 315, 747; 2005, cc. 181, 227; 2008, c. 330; 2020, c. 945; 2022, c. 509.","full_text":"A\n\nWhenever any minor who has been separated from the custody of his parent or guardian is in need of surgical or medical treatment, authority commensurate with that of a parent in like cases is conferred, for the purpose of giving consent to such surgical or medical treatment, as follows:1\n\nUpon judges with respect to minors whose custody is within the control of their respective courts.2\n\nUpon local directors of social services or their designees with respect to (i) minors who are committed to the care and custody of the local board by courts of competent jurisdiction, (ii) minors who are taken into custody pursuant to &#xA7; 63.2-1517, and (iii) minors who are entrusted to the local board by the parent, parents or guardian, when the consent of the parent or guardian cannot be obtained immediately and, in the absence of such consent, a court order for such treatment cannot be obtained immediately.3\n\nUpon the Director of the Department of Corrections or the Director of the Department of Juvenile Justice or his designees with respect to any minor who is sentenced or committed to his custody.4\n\nUpon the principal executive officers of state institutions with respect to the wards of such institutions.5\n\nUpon the principal executive officer of any other institution or agency legally qualified to receive minors for care and maintenance separated from their parents or guardians, with respect to any minor whose custody is within the control of such institution or agency.6\n\nUpon any person standing in loco parentis, or upon a conservator or custodian for his ward or other charge under disability.B\n\nWhenever the consent of the parent or guardian of any minor who is in need of surgical or medical treatment is unobtainable because such parent or guardian is not a resident of the Commonwealth or his whereabouts is unknown or he cannot be consulted with promptness reasonable under the circumstances, authority commensurate with that of a parent in like cases is conferred, for the purpose of giving consent to such surgical or medical treatment, upon judges of juvenile and domestic relations district courts.C\n\nWhenever delay in providing medical or surgical treatment to a minor may adversely affect such minor&#8217;s recovery and no person authorized in this section to consent to such treatment for such minor is available within a reasonable time under the circumstances, no liability shall be imposed upon qualified emergency medical services personnel as defined in &#xA7; 32.1-111.1 at the scene of an accident, fire or other emergency, a licensed health professional, or a licensed hospital by reason of lack of consent to such medical or surgical treatment. However, in the case of a minor 14 years of age or older who is physically capable of giving consent, such consent shall be obtained first.D\n\nWhenever delay in providing transportation to a minor from the scene of an accident, fire or other emergency prior to hospital admission may adversely affect such minor&#8217;s recovery and no person authorized in this section to consent to such transportation for such minor is available within a reasonable time under the circumstances, no liability shall be imposed upon emergency medical services personnel as defined in &#xA7; 32.1-111.1, by reason of lack of consent to such transportation. However, in the case of a minor 14 years of age or older who is physically capable of giving consent, such consent shall be obtained first.E\n\nA minor shall be deemed an adult for the purpose of consenting to:1\n\nMedical or health services needed to determine the presence of or to treat venereal disease or any infectious or contagious disease that the State Board of Health requires to be reported;2\n\nMedical or health services required in case of birth control, pregnancy or family planning except for the purposes of sexual sterilization;3\n\nMedical or health services needed in the case of outpatient care, treatment or rehabilitation for substance abuse as defined in &#xA7; 37.2-100; or4\n\nMedical or health services needed in the case of outpatient care, treatment or rehabilitation for mental illness or emotional disturbance.\n\t\t\t\tA minor shall also be deemed an adult for the purpose of accessing or authorizing the disclosure of medical records related to subdivisions 1 through 4.F\n\nExcept for the purposes of sexual sterilization, any minor who is or has been married shall be deemed an adult for the purpose of giving consent to surgical and medical treatment.G\n\nA pregnant minor shall be deemed an adult for the sole purpose of giving consent for herself and her child to surgical and medical treatment relating to the delivery of her child when such surgical or medical treatment is provided during the delivery of the child or the duration of the hospital admission for such delivery; thereafter, the minor mother of such child shall also be deemed an adult for the purpose of giving consent to surgical and medical treatment for her child.H\n\nAny minor 16 years of age or older may, with the consent of a parent or legal guardian, consent to donate blood and may donate blood if such minor meets donor eligibility requirements. However, parental consent to donate blood by any minor 17 years of age shall not be required if such minor receives no consideration for his blood donation and the procurer of the blood is a nonprofit, voluntary organization.I\n\nAny judge, local director of social services, Director of the Department of Corrections, Director of the Department of Juvenile Justice, or principal executive officer of any state or other institution or agency who consents to surgical or medical treatment of a minor in accordance with this section shall make a reasonable effort to notify the minor&#8217;s parent or guardian of such action as soon as practicable.J\n\nNothing in subsection G shall be construed to permit a minor to consent to an abortion without complying with &#xA7; 16.1-241.K\n\nNothing in subsection E shall prevent a parent, legal guardian or person standing in loco parentis from obtaining (i) the results of a minor&#8217;s nondiagnostic drug test when the minor is not receiving care, treatment or rehabilitation for substance abuse as defined in &#xA7; 37.2-100 or (ii) a minor&#8217;s other health records, except when the minor&#8217;s treating physician, clinical psychologist, clinical social worker, or licensed professional counselor has determined, in the exercise of his professional judgment, that the disclosure of health records to the parent, legal guardian, or person standing in loco parentis would be reasonably likely to cause substantial harm to the minor or another person pursuant to subsection B of &#xA7; 20-124.6.","order_by":null,"text":{"0":{"id":201175,"text":"Whenever any minor who has been separated from the custody of his parent or guardian is in need of surgical or medical treatment, authority commensurate with that of a parent in like cases is conferred, for the purpose of giving consent to such surgical or medical treatment, as follows:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":201176,"text":"Upon judges with respect to minors whose custody is within the control of their respective courts.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":201177,"text":"Upon local directors of social services or their designees with respect to (i) minors who are committed to the care and custody of the local board by courts of competent jurisdiction, (ii) minors who are taken into custody pursuant to &#xA7; 63.2-1517, and (iii) minors who are entrusted to the local board by the parent, parents or guardian, when the consent of the parent or guardian cannot be obtained immediately and, in the absence of such consent, a court order for such treatment cannot be obtained immediately.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":201178,"text":"Upon the Director of the Department of Corrections or the Director of the Department of Juvenile Justice or his designees with respect to any minor who is sentenced or committed to his custody.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":201179,"text":"Upon the principal executive officers of state institutions with respect to the wards of such institutions.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":201180,"text":"Upon the principal executive officer of any other institution or agency legally qualified to receive minors for care and maintenance separated from their parents or guardians, with respect to any minor whose custody is within the control of such institution or agency.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":201181,"text":"Upon any person standing in loco parentis, or upon a conservator or custodian for his ward or other charge under disability.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"B"},"7":{"id":201182,"text":"Whenever the consent of the parent or guardian of any minor who is in need of surgical or medical treatment is unobtainable because such parent or guardian is not a resident of the Commonwealth or his whereabouts is unknown or he cannot be consulted with promptness reasonable under the circumstances, authority commensurate with that of a parent in like cases is conferred, for the purpose of giving consent to such surgical or medical treatment, upon judges of juvenile and domestic relations district courts.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A6","next_prefix":"C"},"8":{"id":201183,"text":"Whenever delay in providing medical or surgical treatment to a minor may adversely affect such minor&#8217;s recovery and no person authorized in this section to consent to such treatment for such minor is available within a reasonable time under the circumstances, no liability shall be imposed upon qualified emergency medical services personnel as defined in &#xA7; 32.1-111.1 at the scene of an accident, fire or other emergency, a licensed health professional, or a licensed hospital by reason of lack of consent to such medical or surgical treatment. However, in the case of a minor 14 years of age or older who is physically capable of giving consent, such consent shall be obtained first.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"9":{"id":201184,"text":"Whenever delay in providing transportation to a minor from the scene of an accident, fire or other emergency prior to hospital admission may adversely affect such minor&#8217;s recovery and no person authorized in this section to consent to such transportation for such minor is available within a reasonable time under the circumstances, no liability shall be imposed upon emergency medical services personnel as defined in &#xA7; 32.1-111.1, by reason of lack of consent to such transportation. However, in the case of a minor 14 years of age or older who is physically capable of giving consent, such consent shall be obtained first.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"10":{"id":201185,"text":"A minor shall be deemed an adult for the purpose of consenting to:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"11":{"id":201186,"text":"Medical or health services needed to determine the presence of or to treat venereal disease or any infectious or contagious disease that the State Board of Health requires to be reported;","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"12":{"id":201187,"text":"Medical or health services required in case of birth control, pregnancy or family planning except for the purposes of sexual sterilization;","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"13":{"id":201188,"text":"Medical or health services needed in the case of outpatient care, treatment or rehabilitation for substance abuse as defined in &#xA7; 37.2-100; or","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"E4"},"14":{"id":201189,"text":"Medical or health services needed in the case of outpatient care, treatment or rehabilitation for mental illness or emotional disturbance.\n\t\t\t\tA minor shall also be deemed an adult for the purpose of accessing or authorizing the disclosure of medical records related to subdivisions 1 through 4.","type":"section","prefixes":["E","4"],"prefix":"4","entire_prefix":"E4","prefix_anchor":"E4","level":2,"prior_prefix":"E3","next_prefix":"F"},"15":{"id":201190,"text":"Except for the purposes of sexual sterilization, any minor who is or has been married shall be deemed an adult for the purpose of giving consent to surgical and medical treatment.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E4","next_prefix":"G"},"16":{"id":201191,"text":"A pregnant minor shall be deemed an adult for the sole purpose of giving consent for herself and her child to surgical and medical treatment relating to the delivery of her child when such surgical or medical treatment is provided during the delivery of the child or the duration of the hospital admission for such delivery; thereafter, the minor mother of such child shall also be deemed an adult for the purpose of giving consent to surgical and medical treatment for her child.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"17":{"id":201192,"text":"Any minor 16 years of age or older may, with the consent of a parent or legal guardian, consent to donate blood and may donate blood if such minor meets donor eligibility requirements. However, parental consent to donate blood by any minor 17 years of age shall not be required if such minor receives no consideration for his blood donation and the procurer of the blood is a nonprofit, voluntary organization.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"18":{"id":201193,"text":"Any judge, local director of social services, Director of the Department of Corrections, Director of the Department of Juvenile Justice, or principal executive officer of any state or other institution or agency who consents to surgical or medical treatment of a minor in accordance with this section shall make a reasonable effort to notify the minor&#8217;s parent or guardian of such action as soon as practicable.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"19":{"id":201194,"text":"Nothing in subsection G shall be construed to permit a minor to consent to an abortion without complying with &#xA7; 16.1-241.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"20":{"id":201195,"text":"Nothing in subsection E shall prevent a parent, legal guardian or person standing in loco parentis from obtaining (i) the results of a minor&#8217;s nondiagnostic drug test when the minor is not receiving care, treatment or rehabilitation for substance abuse as defined in &#xA7; 37.2-100 or (ii) a minor&#8217;s other health records, except when the minor&#8217;s treating physician, clinical psychologist, clinical social worker, or licensed professional counselor has determined, in the exercise of his professional judgment, that the disclosure of health records to the parent, legal guardian, or person standing in loco parentis would be reasonably likely to cause substantial harm to the minor or another person pursuant to subsection B of &#xA7; 20-124.6.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J"}},"ancestry":[{"id":12760,"edition_id":1,"name":"General Standards of Practice","identifier":"6","label":"article","depth":4,"order_by":1,"parent_id":12759,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":242459,"object_type":"structure","relational_id":12760,"identifier":"6","token":"54.1\/III\/29\/6","url":"\/54.1\/III\/29\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12759,"edition_id":1,"name":"Medicine and Other Healing Arts","identifier":"29","label":"chapter","depth":3,"order_by":1,"parent_id":12758,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":241933,"object_type":"structure","relational_id":12759,"identifier":"29","token":"54.1\/III\/29","url":"\/54.1\/III\/29\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12758,"edition_id":1,"name":"Professions and Occupations Regulated by Boards Within the Department of Health Professions","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12754,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":241105,"object_type":"structure","relational_id":12758,"identifier":"III","token":"54.1\/III","url":"\/54.1\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12754,"edition_id":1,"name":"Professions and Occupations","identifier":"54.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":239313,"object_type":"structure","relational_id":12754,"identifier":"54.1","token":"54.1","url":"\/54.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":57243,"structure_id":12760,"section_number":"54.1-2962","catch_line":"Division of fees among physicians prohibited","url":"\/54.1-2962\/","token":"54.1\/III\/29\/6\/54.1-2962","metadata":false},{"id":61370,"structure_id":12760,"section_number":"54.1-2962.01","catch_line":"Anatomic pathology services; fees","url":"\/54.1-2962.01\/","token":"54.1\/III\/29\/6\/54.1-2962.01","metadata":false},{"id":69059,"structure_id":12760,"section_number":"54.1-2962.1","catch_line":"Solicitation or receipt of remuneration in exchange for referral prohibited","url":"\/54.1-2962.1\/","token":"54.1\/III\/29\/6\/54.1-2962.1","metadata":false},{"id":61450,"structure_id":12760,"section_number":"54.1-2962.2","catch_line":"Physician-patient relationship; effect of certain emergency department treatment","url":"\/54.1-2962.2\/","token":"54.1\/III\/29\/6\/54.1-2962.2","metadata":false},{"id":53953,"structure_id":12760,"section_number":"54.1-2963","catch_line":"Selling vitamins or food supplements in connection with a practice of the healing arts; chiropractor recommending vitamins, minerals, or food supplements","url":"\/54.1-2963\/","token":"54.1\/III\/29\/6\/54.1-2963","metadata":false},{"id":85230,"structure_id":12760,"section_number":"54.1-2963.1","catch_line":"Disclosure of medical treatment options","url":"\/54.1-2963.1\/","token":"54.1\/III\/29\/6\/54.1-2963.1","metadata":false},{"id":80734,"structure_id":12760,"section_number":"54.1-2963.2","catch_line":"Expired","url":"\/54.1-2963.2\/","token":"54.1\/III\/29\/6\/54.1-2963.2","metadata":false},{"id":74620,"structure_id":12760,"section_number":"54.1-2964","catch_line":"Disclosure of interest in referral facilities and clinical laboratories","url":"\/54.1-2964\/","token":"54.1\/III\/29\/6\/54.1-2964","metadata":false},{"id":58159,"structure_id":12760,"section_number":"54.1-2965","catch_line":"Repealed","url":"\/54.1-2965\/","token":"54.1\/III\/29\/6\/54.1-2965","metadata":false},{"id":65325,"structure_id":12760,"section_number":"54.1-2966","catch_line":"Physicians reporting disabilities to aircraft pilots licensing authorities exempt from liability; testifying in certain proceedings","url":"\/54.1-2966\/","token":"54.1\/III\/29\/6\/54.1-2966","metadata":false},{"id":82938,"structure_id":12760,"section_number":"54.1-2966.1","catch_line":"Repealed","url":"\/54.1-2966.1\/","token":"54.1\/III\/29\/6\/54.1-2966.1","metadata":false},{"id":68976,"structure_id":12760,"section_number":"54.1-2967","catch_line":"Physicians and others rendering medical aid to report certain wounds","url":"\/54.1-2967\/","token":"54.1\/III\/29\/6\/54.1-2967","metadata":false},{"id":72506,"structure_id":12760,"section_number":"54.1-2968","catch_line":"Information about certain individuals with disabilities","url":"\/54.1-2968\/","token":"54.1\/III\/29\/6\/54.1-2968","metadata":false},{"id":54830,"structure_id":12760,"section_number":"54.1-2969","catch_line":"Authority to consent to surgical and medical treatment of certain minors","url":"\/54.1-2969\/","token":"54.1\/III\/29\/6\/54.1-2969","metadata":false},{"id":83134,"structure_id":12760,"section_number":"54.1-2970","catch_line":"Medical treatment for certain persons incapable of giving informed consent","url":"\/54.1-2970\/","token":"54.1\/III\/29\/6\/54.1-2970","metadata":false},{"id":76802,"structure_id":12760,"section_number":"54.1-2970.1","catch_line":"Individual incapable of making informed decision; procedure for physical evidence recovery kit examination; consent by minors","url":"\/54.1-2970.1\/","token":"54.1\/III\/29\/6\/54.1-2970.1","metadata":false},{"id":71025,"structure_id":12760,"section_number":"54.1-2971","catch_line":"Repealed","url":"\/54.1-2971\/","token":"54.1\/III\/29\/6\/54.1-2971","metadata":false},{"id":57814,"structure_id":12760,"section_number":"54.1-2971.01","catch_line":"Prescription in excess of recommended dosage in certain cases","url":"\/54.1-2971.01\/","token":"54.1\/III\/29\/6\/54.1-2971.01","metadata":false},{"id":79526,"structure_id":12760,"section_number":"54.1-2971.1","catch_line":"Disclosure for certain treatment of infertility","url":"\/54.1-2971.1\/","token":"54.1\/III\/29\/6\/54.1-2971.1","metadata":false},{"id":59523,"structure_id":12760,"section_number":"54.1-2972","catch_line":"When person deemed medically and legally dead; determination of death; nurses', licensed practical nurses', physician assistants', or advanced practice registered nurses' authority to pronounce death under certain circumstances","url":"\/54.1-2972\/","token":"54.1\/III\/29\/6\/54.1-2972","metadata":false},{"id":80891,"structure_id":12760,"section_number":"54.1-2973","catch_line":"Persons who may authorize postmortem examination of decedent's body","url":"\/54.1-2973\/","token":"54.1\/III\/29\/6\/54.1-2973","metadata":false},{"id":74475,"structure_id":12760,"section_number":"54.1-2973.1","catch_line":"Practice of laser hair removal","url":"\/54.1-2973.1\/","token":"54.1\/III\/29\/6\/54.1-2973.1","metadata":false}],"previous_section":{"id":72506,"structure_id":12760,"section_number":"54.1-2968","catch_line":"Information about certain individuals with disabilities","url":"\/54.1-2968\/","token":"54.1\/III\/29\/6\/54.1-2968","metadata":false},"next_section":{"id":83134,"structure_id":12760,"section_number":"54.1-2970","catch_line":"Medical treatment for certain persons incapable of giving informed consent","url":"\/54.1-2970\/","token":"54.1\/III\/29\/6\/54.1-2970","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-2969\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 19 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 1968, chapter 71; in 1970, chapter 232; in 1972, chapters 323 and 823; in 1973, chapter 337; in 1974, chapters 44, 45, and 639; in 1977, chapters 523 and 525; in 1978, chapters 10 and 401; in 1979, chapter 720; in 1981, chapters 22, 454, and 573; in 1984, chapter 72; in 1988, chapter 765; in 1989, chapter 733; in 1999, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?991+ful+CHAP1001\">1001<\/a>; in 2000, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?001+ful+CHAP0798\">798<\/a>; in 2002, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0315\">315<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0747\">747<\/a>; in 2005, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0181\">181<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0227\">227<\/a>; in 2008, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0330\">330<\/a>; in 2020, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0945\">945<\/a>; in 2022, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?221+ful+CHAP0509\">509<\/a>.<\/p>","references":[{"id":77469,"section_number":"16.1-248.3","catch_line":"Medical records of juveniles in secure facility","order_by":null,"url":"\/16.1-248.3\/"},{"id":60253,"section_number":"2.2-3705.5","catch_line":"Exclusions to application of chapter; health and social services records","order_by":null,"url":"\/2.2-3705.5\/"},{"id":85883,"section_number":"32.1-127","catch_line":"(Effective January 1, 2026) Regulations","order_by":null,"url":"\/32.1-127\/"},{"id":58930,"section_number":"32.1-127.1:03","catch_line":"Health records privacy","order_by":null,"url":"\/32.1-127.1_03\/"},{"id":75820,"section_number":"54.1-2404.1","catch_line":"Patient records","order_by":null,"url":"\/54.1-2404.1\/"},{"id":63566,"section_number":"63.2-1230","catch_line":"Placement of children by parent or guardian","order_by":null,"url":"\/63.2-1230\/"}],"refers_to":[{"id":77145,"section_number":"20-124.6","catch_line":"Access to minor's records","order_by":null,"url":"\/20-124.6\/"},{"id":74269,"section_number":"32.1-111.1","catch_line":"Definitions","order_by":null,"url":"\/32.1-111.1\/"},{"id":76036,"section_number":"37.2-100","catch_line":"Definitions","order_by":null,"url":"\/37.2-100\/"},{"id":61486,"section_number":"63.2-1517","catch_line":"Authority to take child into custody","order_by":null,"url":"\/63.2-1517\/"}],"permalink":{"id":242513,"object_type":"law","relational_id":54830,"identifier":"54.1-2969","token":"54.1\/III\/29\/6\/54.1-2969","url":"\/54.1-2969\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-2969\/","token":"54.1\/III\/29\/6\/54.1-2969","dublin_core":{"Title":"Authority to consent to surgical and medical treatment of certain minors","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2969","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Whenever any <span class=\"dictionary\">minor<\/span> who has been separated from the <span class=\"dictionary\">custody<\/span> of his parent or guardian is in need of surgical or medical treatment, authority commensurate with that of a parent in like cases is conferred, for the purpose of giving consent to such surgical or medical treatment, as follows: <a id=\"paragraph-201175\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2969\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Upon <span class=\"dictionary\">judges<\/span> with respect to <span class=\"dictionary\">minors<\/span> whose <span class=\"dictionary\">custody<\/span> is within the control of their respective <span class=\"dictionary\">courts<\/span>. <a id=\"paragraph-201176\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2969\/#A1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Upon local directors of social services or their designees with respect to (i) <span class=\"dictionary\">minors<\/span> who are committed to the care and <span class=\"dictionary\">custody<\/span> of the local <span class=\"dictionary\">board<\/span> by <span class=\"dictionary\">courts<\/span> of competent <span class=\"dictionary\">jurisdiction<\/span>, (ii) <span class=\"dictionary\">minors<\/span> who are taken into <span class=\"dictionary\">custody<\/span> pursuant to &#xA7; <a class=\"law\" title=\"Authority to take child into custody\" href=\"\/63.2-1517\/\">63.2-1517<\/a>, and (iii) <span class=\"dictionary\">minors<\/span> who are entrusted to the local <span class=\"dictionary\">board<\/span> by the parent, parents or guardian, when the consent of the parent or guardian cannot be obtained immediately and, in the absence of such consent, a <span class=\"dictionary\">court order<\/span> for such treatment cannot be obtained immediately. <a id=\"paragraph-201177\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2969\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Upon the Director of the Department of Corrections or the Director of the Department of Juvenile Justice or his designees with respect to any <span class=\"dictionary\">minor<\/span> who is sentenced or committed to his <span class=\"dictionary\">custody<\/span>. <a id=\"paragraph-201178\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2969\/#A3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> Upon the principal executive officers of state institutions with respect to the wards of such institutions. <a id=\"paragraph-201179\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2969\/#A4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> Upon the principal executive officer of any other institution or agency legally qualified to receive <span class=\"dictionary\">minors<\/span> for care and maintenance separated from their parents or guardians, with respect to any <span class=\"dictionary\">minor<\/span> whose <span class=\"dictionary\">custody<\/span> is within the control of such institution or agency. <a id=\"paragraph-201180\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2969\/#A5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A6\" class=\"indent-1\"><p><span class=\"prefix-number\">6.<\/span> Upon any person standing in loco parentis, or upon a conservator or custodian for his ward or other charge under disability. <a id=\"paragraph-201181\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2969\/#A6\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Whenever the consent of the parent or guardian of any <span class=\"dictionary\">minor<\/span> who is in need of surgical or medical treatment is unobtainable because such parent or guardian is not a resident of the Commonwealth or his whereabouts is unknown or he cannot be consulted with promptness reasonable under the circumstances, authority commensurate with that of a parent in like cases is conferred, for the purpose of giving consent to such surgical or medical treatment, upon <span class=\"dictionary\">judges<\/span> of juvenile and domestic relations district <span class=\"dictionary\">courts<\/span>. <a id=\"paragraph-201182\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2969\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Whenever delay in providing medical or surgical treatment to a <span class=\"dictionary\">minor<\/span> may adversely affect such <span class=\"dictionary\">minor<\/span>&#8217;s recovery and no person authorized in this section to consent to such treatment for such <span class=\"dictionary\">minor<\/span> is available within a reasonable time under the circumstances, no liability shall be imposed upon qualified emergency medical services personnel as defined in &#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/32.1-111.1\/\">32.1-111.1<\/a> at the scene of an accident, fire or other emergency, a licensed health professional, or a licensed hospital by reason of lack of consent to such medical or surgical treatment. However, in the case of a <span class=\"dictionary\">minor<\/span> 14 years of age or older who is physically capable of giving consent, such consent shall be obtained first. <a id=\"paragraph-201183\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2969\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> Whenever delay in providing transportation to a <span class=\"dictionary\">minor<\/span> from the scene of an accident, fire or other emergency prior to hospital admission may adversely affect such <span class=\"dictionary\">minor<\/span>&#8217;s recovery and no person authorized in this section to consent to such transportation for such <span class=\"dictionary\">minor<\/span> is available within a reasonable time under the circumstances, no liability shall be imposed upon emergency medical services personnel as defined in &#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/32.1-111.1\/\">32.1-111.1<\/a>, by reason of lack of consent to such transportation. However, in the case of a <span class=\"dictionary\">minor<\/span> 14 years of age or older who is physically capable of giving consent, such consent shall be obtained first. <a id=\"paragraph-201184\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2969\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> A <span class=\"dictionary\">minor<\/span> shall be deemed an adult for the purpose of consenting to: <a id=\"paragraph-201185\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2969\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Medical or health services needed to determine the presence of or to treat venereal disease or any infectious or contagious disease that the State <span class=\"dictionary\">Board<\/span> of Health requires to be reported; <a id=\"paragraph-201186\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2969\/#E1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Medical or health services required in case of <span class=\"dictionary\">birth control<\/span>, pregnancy or family planning except for the purposes of sexual sterilization; <a id=\"paragraph-201187\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2969\/#E2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Medical or health services needed in the case of outpatient care, treatment or rehabilitation for substance abuse as defined in &#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/37.2-100\/\">37.2-100<\/a>; or <a id=\"paragraph-201188\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2969\/#E3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> Medical or health services needed in the case of outpatient care, treatment or rehabilitation for mental illness or emotional disturbance.\n\t\t\t\tA <span class=\"dictionary\">minor<\/span> shall also be deemed an adult for the purpose of accessing or authorizing the disclosure of medical records related to subdivisions 1 through 4. <a id=\"paragraph-201189\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2969\/#E4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> Except for the purposes of sexual sterilization, any <span class=\"dictionary\">minor<\/span> who is or has been married shall be deemed an adult for the purpose of giving consent to surgical and medical treatment. <a id=\"paragraph-201190\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2969\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G\"><p><span class=\"prefix-number\">G.<\/span> A pregnant <span class=\"dictionary\">minor<\/span> shall be deemed an adult for the sole purpose of giving consent for herself and her child to surgical and medical treatment relating to the delivery of her child when such surgical or medical treatment is provided during the delivery of the child or the duration of the hospital admission for such delivery; thereafter, the <span class=\"dictionary\">minor<\/span> mother of such child shall also be deemed an adult for the purpose of giving consent to surgical and medical treatment for her child. <a id=\"paragraph-201191\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2969\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"H\"><p><span class=\"prefix-number\">H.<\/span> Any <span class=\"dictionary\">minor<\/span> 16 years of age or older may, with the consent of a parent or legal guardian, consent to donate blood and may donate blood if such <span class=\"dictionary\">minor<\/span> meets donor eligibility requirements. However, parental consent to donate blood by any <span class=\"dictionary\">minor<\/span> 17 years of age shall not be required if such <span class=\"dictionary\">minor<\/span> receives no consideration for his blood donation and the procurer of the blood is a nonprofit, voluntary organization. <a id=\"paragraph-201192\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2969\/#H\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"I\"><p><span class=\"prefix-number\">I.<\/span> Any <span class=\"dictionary\">judge<\/span>, local director of social services, Director of the Department of Corrections, Director of the Department of Juvenile Justice, or principal executive officer of any state or other institution or agency who consents to surgical or medical treatment of a <span class=\"dictionary\">minor<\/span> in accordance with this section shall make a reasonable effort to notify the <span class=\"dictionary\">minor<\/span>&#8217;s parent or guardian of such action as soon as practicable. <a id=\"paragraph-201193\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2969\/#I\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"J\"><p><span class=\"prefix-number\">J.<\/span> Nothing in subsection G shall be construed to permit a <span class=\"dictionary\">minor<\/span> to consent to an abortion without complying with &#xA7; <a class=\"law\" title=\"Jurisdiction; consent for abortion\" href=\"\/16.1-241\/\">16.1-241<\/a>. <a id=\"paragraph-201194\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2969\/#J\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"K\"><p><span class=\"prefix-number\">K.<\/span> Nothing in subsection E shall prevent a parent, legal guardian or person standing in loco parentis from obtaining (i) the results of a <span class=\"dictionary\">minor<\/span>&#8217;s nondiagnostic drug test when the <span class=\"dictionary\">minor<\/span> is not receiving care, treatment or rehabilitation for substance abuse as defined in &#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/37.2-100\/\">37.2-100<\/a> or (ii) a <span class=\"dictionary\">minor<\/span>&#8217;s other health records, except when the <span class=\"dictionary\">minor<\/span>&#8217;s treating physician, clinical psychologist, clinical social worker, or licensed professional counselor has determined, in the exercise of his professional <span class=\"dictionary\">judgment<\/span>, that the disclosure of health records to the parent, legal guardian, or person standing in loco parentis would be reasonably likely to cause substantial harm to the <span class=\"dictionary\">minor<\/span> or another person pursuant to subsection B of &#xA7; <a class=\"law\" title=\"Access to minor&#039;s records\" href=\"\/20-124.6\/\">20-124.6<\/a>. <a id=\"paragraph-201195\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2969\/#K\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nAUTHORITY TO CONSENT TO SURGICAL AND MEDICAL TREATMENT OF CERTAIN MINORS (\u00a7\n54.1-2969)\n\nA. Whenever any minor who has been separated from the custody of his parent or\nguardian is in need of surgical or medical treatment, authority commensurate\nwith that of a parent in like cases is conferred, for the purpose of giving\nconsent to such surgical or medical treatment, as follows:\n\n   1. Upon judges with respect to minors whose custody is within the control of\n   their respective courts.\n\n   2. Upon local directors of social services or their designees with respect to\n   (i) minors who are committed to the care and custody of the local board by\n   courts of competent jurisdiction, (ii) minors who are taken into custody\n   pursuant to &#xA7; 63.2-1517, and (iii) minors who are entrusted to the local\n   board by the parent, parents or guardian, when the consent of the parent or\n   guardian cannot be obtained immediately and, in the absence of such consent, a\n   court order for such treatment cannot be obtained immediately.\n\n   3. Upon the Director of the Department of Corrections or the Director of the\n   Department of Juvenile Justice or his designees with respect to any minor who\n   is sentenced or committed to his custody.\n\n   4. Upon the principal executive officers of state institutions with respect to\n   the wards of such institutions.\n\n   5. Upon the principal executive officer of any other institution or agency\n   legally qualified to receive minors for care and maintenance separated from\n   their parents or guardians, with respect to any minor whose custody is within\n   the control of such institution or agency.\n\n   6. Upon any person standing in loco parentis, or upon a conservator or\n   custodian for his ward or other charge under disability.\n\nB. Whenever the consent of the parent or guardian of any minor who is in need of\nsurgical or medical treatment is unobtainable because such parent or guardian is\nnot a resident of the Commonwealth or his whereabouts is unknown or he cannot be\nconsulted with promptness reasonable under the circumstances, authority\ncommensurate with that of a parent in like cases is conferred, for the purpose\nof giving consent to such surgical or medical treatment, upon judges of juvenile\nand domestic relations district courts.\n\nC. Whenever delay in providing medical or surgical treatment to a minor may\nadversely affect such minor&#8217;s recovery and no person authorized in this\nsection to consent to such treatment for such minor is available within a\nreasonable time under the circumstances, no liability shall be imposed upon\nqualified emergency medical services personnel as defined in &#xA7; 32.1-111.1\nat the scene of an accident, fire or other emergency, a licensed health\nprofessional, or a licensed hospital by reason of lack of consent to such\nmedical or surgical treatment. However, in the case of a minor 14 years of age\nor older who is physically capable of giving consent, such consent shall be\nobtained first.\n\nD. Whenever delay in providing transportation to a minor from the scene of an\naccident, fire or other emergency prior to hospital admission may adversely\naffect such minor&#8217;s recovery and no person authorized in this section to\nconsent to such transportation for such minor is available within a reasonable\ntime under the circumstances, no liability shall be imposed upon emergency\nmedical services personnel as defined in &#xA7; 32.1-111.1, by reason of lack of\nconsent to such transportation. However, in the case of a minor 14 years of age\nor older who is physically capable of giving consent, such consent shall be\nobtained first.\n\nE. A minor shall be deemed an adult for the purpose of consenting to:\n\n   1. Medical or health services needed to determine the presence of or to treat\n   venereal disease or any infectious or contagious disease that the State Board\n   of Health requires to be reported;\n\n   2. Medical or health services required in case of birth control, pregnancy or\n   family planning except for the purposes of sexual sterilization;\n\n   3. Medical or health services needed in the case of outpatient care, treatment\n   or rehabilitation for substance abuse as defined in &#xA7; 37.2-100; or\n\n   4. Medical or health services needed in the case of outpatient care, treatment\n   or rehabilitation for mental illness or emotional disturbance.\n   \t\t\t\tA minor shall also be deemed an adult for the purpose of accessing or\n   authorizing the disclosure of medical records related to subdivisions 1\n   through 4.\n\nF. Except for the purposes of sexual sterilization, any minor who is or has been\nmarried shall be deemed an adult for the purpose of giving consent to surgical\nand medical treatment.\n\nG. A pregnant minor shall be deemed an adult for the sole purpose of giving\nconsent for herself and her child to surgical and medical treatment relating to\nthe delivery of her child when such surgical or medical treatment is provided\nduring the delivery of the child or the duration of the hospital admission for\nsuch delivery; thereafter, the minor mother of such child shall also be deemed\nan adult for the purpose of giving consent to surgical and medical treatment for\nher child.\n\nH. Any minor 16 years of age or older may, with the consent of a parent or legal\nguardian, consent to donate blood and may donate blood if such minor meets donor\neligibility requirements. However, parental consent to donate blood by any minor\n17 years of age shall not be required if such minor receives no consideration\nfor his blood donation and the procurer of the blood is a nonprofit, voluntary\norganization.\n\nI. Any judge, local director of social services, Director of the Department of\nCorrections, Director of the Department of Juvenile Justice, or principal\nexecutive officer of any state or other institution or agency who consents to\nsurgical or medical treatment of a minor in accordance with this section shall\nmake a reasonable effort to notify the minor&#8217;s parent or guardian of such\naction as soon as practicable.\n\nJ. Nothing in subsection G shall be construed to permit a minor to consent to an\nabortion without complying with &#xA7; 16.1-241.\n\nK. Nothing in subsection E shall prevent a parent, legal guardian or person\nstanding in loco parentis from obtaining (i) the results of a minor&#8217;s\nnondiagnostic drug test when the minor is not receiving care, treatment or\nrehabilitation for substance abuse as defined in &#xA7; 37.2-100 or (ii) a\nminor&#8217;s other health records, except when the minor&#8217;s treating\nphysician, clinical psychologist, clinical social worker, or licensed\nprofessional counselor has determined, in the exercise of his professional\njudgment, that the disclosure of health records to the parent, legal guardian,\nor person standing in loco parentis would be reasonably likely to cause\nsubstantial harm to the minor or another person pursuant to subsection B of\n&#xA7; 20-124.6.\n\nHISTORY: Code 1950, \u00a7 32-137; 1968, c. 71; 1970, c. 232, \u00a7 54-325.2; 1971, Ex.\nSess., c. 183; 1972, cc. 323, 823; 1973, c. 337; 1974, cc. 44, 45, 639; 1977,\ncc. 523, 525; 1978, cc. 10, 401; 1979, c. 720; 1981, cc. 22, 454, 573; 1984, c.\n72; 1988, c. 765; 1989, c. 733; 1999, c. 1001; 2000, c. 798; 2002, cc. 315, 747;\n2005, cc. 181, 227; 2008, c. 330; 2020, c. 945; 2022, c. 509.","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}}