{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-2970.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-2970.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-2970.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-2970.1.html"}],"law_id":76802,"edition_id":1,"section_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","history":"2013, cc. 441, 532; 2016, c. 251; 2023, c. 183.","full_text":"A\n\nA licensed physician, a physician assistant, an advanced practice registered nurse, or a registered nurse may perform a physical evidence recovery kit examination for a person who is believed to be the victim of a sexual assault and who is incapable of making an informed decision regarding consent to such examination when:1\n\nThere is a need to conduct the examination before the victim is likely to be able to make an informed decision in order to preserve physical evidence of the alleged sexual assault from degradation;2\n\nNo legally authorized representative or other person authorized to consent to medical treatment on the individual’s behalf is reasonably available to provide consent within the time necessary to preserve physical evidence of the alleged sexual assault; and3\n\nA capacity reviewer, as defined in § 54.1-2982, provides written certification that, based upon a personal examination of the individual, the individual is incapable of making an informed decision regarding the physical evidence recovery kit examination and that, given the totality of the circumstances, the examination should be performed. The capacity reviewer who provides such written certification shall not be otherwise currently involved in the treatment of the person assessed, unless an independent capacity reviewer is not reasonably available.A1\n\nFor purposes of this section, if a parent or guardian of a minor refuses to consent to a physical evidence recovery kit examination of the minor, the minor may consent.B\n\nAny physical evidence recovery kit examination performed pursuant to this section shall be performed in accordance with the requirements of §§ 19.2-11.2 and 19.2-165.1 and shall protect the alleged victim’s identity.C\n\nA licensed physician, a physician assistant, an advanced practice registered nurse, or a registered nurse who exercises due care under the provisions of this act shall not be liable for any act or omission related to performance of an examination in accordance with this section.","order_by":null,"text":{"0":{"id":275757,"text":"A licensed physician, a physician assistant, an advanced practice registered nurse, or a registered nurse may perform a physical evidence recovery kit examination for a person who is believed to be the victim of a sexual assault and who is incapable of making an informed decision regarding consent to such examination when:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":275758,"text":"There is a need to conduct the examination before the victim is likely to be able to make an informed decision in order to preserve physical evidence of the alleged sexual assault from degradation;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":275759,"text":"No legally authorized representative or other person authorized to consent to medical treatment on the individual’s behalf is reasonably available to provide consent within the time necessary to preserve physical evidence of the alleged sexual assault; and","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":275760,"text":"A capacity reviewer, as defined in § 54.1-2982, provides written certification that, based upon a personal examination of the individual, the individual is incapable of making an informed decision regarding the physical evidence recovery kit examination and that, given the totality of the circumstances, the examination should be performed. The capacity reviewer who provides such written certification shall not be otherwise currently involved in the treatment of the person assessed, unless an independent capacity reviewer is not reasonably available.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A1"},"4":{"id":275761,"text":"For purposes of this section, if a parent or guardian of a minor refuses to consent to a physical evidence recovery kit examination of the minor, the minor may consent.","type":"section","prefixes":["A1"],"prefix":"A1","entire_prefix":"A1","prefix_anchor":"A1","level":1,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":275762,"text":"Any physical evidence recovery kit examination performed pursuant to this section shall be performed in accordance with the requirements of §§ 19.2-11.2 and 19.2-165.1 and shall protect the alleged victim’s identity.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A1","next_prefix":"C"},"6":{"id":275763,"text":"A licensed physician, a physician assistant, an advanced practice registered nurse, or a registered nurse who exercises due care under the provisions of this act shall not be liable for any act or omission related to performance of an examination in accordance with this section.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-2970.1\/","history_text":"

This law was first created in 2013. The record of its establishment is cataloged in chapters 441<\/a> and 532<\/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 2 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 2016, chapter 251<\/a>; in 2023, chapter 183<\/a>.<\/p>","references":false,"refers_to":[{"id":81173,"section_number":"19.2-11.2","catch_line":"Crime victim's right to nondisclosure of certain information; exceptions; testimonial privilege","order_by":null,"url":"\/19.2-11.2\/"},{"id":67452,"section_number":"19.2-165.1","catch_line":"Payment of medical fees in certain criminal cases; reimbursement","order_by":null,"url":"\/19.2-165.1\/"},{"id":56308,"section_number":"54.1-2982","catch_line":"Definitions","order_by":null,"url":"\/54.1-2982\/"}],"permalink":{"id":242521,"object_type":"law","relational_id":76802,"identifier":"54.1-2970.1","token":"54.1\/III\/29\/6\/54.1-2970.1","url":"\/54.1-2970.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-2970.1\/","token":"54.1\/III\/29\/6\/54.1-2970.1","dublin_core":{"Title":"Individual incapable of making informed decision; procedure for physical evidence recovery kit examination; consent by minors","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2970.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A licensed physician, a physician assistant<\/span>, an advanced practice registered nurse<\/span>, or a registered nurse may perform a physical evidence<\/span> recovery kit examination for a person who is believed to be the victim of a sexual assault<\/span> and who is incapable of making an informed decision regarding consent to such examination when: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> There is a need to conduct the examination before the victim is likely to be able to make an informed decision in order<\/span> to preserve physical evidence<\/span> of the alleged sexual assault<\/span> from degradation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> No legally authorized representative or other person authorized to consent to medical treatment on the individual’s behalf is reasonably available to provide consent within the time necessary to preserve physical evidence<\/span> of the alleged sexual assault<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A capacity reviewer, as defined in § 54.1-2982<\/a>, provides written certification that, based upon a personal examination of the individual, the individual is incapable of making an informed decision regarding the physical evidence<\/span> recovery kit examination and that, given the totality of the circumstances, the examination should be performed. The capacity reviewer who provides such written certification shall not be otherwise currently involved in the treatment of the person assessed, unless an independent capacity reviewer is not reasonably available. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A1.<\/span> For purposes of this section, if a parent or guardian of a minor<\/span> refuses to consent to a physical evidence<\/span> recovery kit examination of the minor<\/span>, the minor<\/span> may consent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any physical evidence<\/span> recovery kit examination performed pursuant to this section shall be performed in accordance with the requirements of §§ 19.2-11.2<\/a> and 19.2-165.1<\/a> and shall protect the alleged victim’s identity. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A licensed physician, a physician assistant<\/span>, an advanced practice registered nurse<\/span>, or a registered nurse who exercises due care under the provisions of this act shall not be liable for any act or omission related to performance of an examination in accordance with this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINDIVIDUAL INCAPABLE OF MAKING INFORMED DECISION; PROCEDURE FOR PHYSICAL\nEVIDENCE RECOVERY KIT EXAMINATION; CONSENT BY MINORS (\u00a7 54.1-2970.1)\n\nA. A licensed physician, a physician assistant, an advanced practice registered\nnurse, or a registered nurse may perform a physical evidence recovery kit\nexamination for a person who is believed to be the victim of a sexual assault\nand who is incapable of making an informed decision regarding consent to such\nexamination when:\n\n 1. There is a need to conduct the examination before the victim is likely to\n be able to make an informed decision in order to preserve physical evidence of\n the alleged sexual assault from degradation;\n\n 2. No legally authorized representative or other person authorized to consent\n to medical treatment on the individual’s behalf is reasonably available\n to provide consent within the time necessary to preserve physical evidence of\n the alleged sexual assault; and\n\n 3. A capacity reviewer, as defined in § 54.1-2982, provides written\n certification that, based upon a personal examination of the individual, the\n individual is incapable of making an informed decision regarding the physical\n evidence recovery kit examination and that, given the totality of the\n circumstances, the examination should be performed. The capacity reviewer who\n provides such written certification shall not be otherwise currently involved\n in the treatment of the person assessed, unless an independent capacity\n reviewer is not reasonably available.\n\nA1. For purposes of this section, if a parent or guardian of a minor refuses to\nconsent to a physical evidence recovery kit examination of the minor, the minor\nmay consent.\n\nB. Any physical evidence recovery kit examination performed pursuant to this\nsection shall be performed in accordance with the requirements of §§\n19.2-11.2 and 19.2-165.1 and shall protect the alleged victim’s identity.\n\nC. A licensed physician, a physician assistant, an advanced practice registered\nnurse, or a registered nurse who exercises due care under the provisions of this\nact shall not be liable for any act or omission related to performance of an\nexamination in accordance with this section.\n\nHISTORY: 2013, cc. 441, 532; 2016, c. 251; 2023, c. 183.","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}}