{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-2970.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-2970.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-2970.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-2970.html"}],"law_id":83134,"edition_id":1,"section_id":83134,"structure_id":12760,"section_number":"54.1-2970","catch_line":"Medical treatment for certain persons incapable of giving informed consent","history":"Code 1950, \u00a7 32-137.01; 1979, c. 212, \u00a7 54-325.2:1; 1988, c. 765; 1989, c. 591; 1997, c. 801; 2002, c. 80; 2009, cc. 813, 840; 2012, cc. 476, 507.","full_text":"When a delay in treatment might adversely affect recovery, a licensed health professional or licensed hospital shall not be subject to liability arising out of a claim based on lack of informed consent or be prohibited from providing surgical, medical or dental treatment to an individual who is receiving service in a facility operated by the Department of Behavioral Health and Developmental Services or who is receiving case management services from a community services board or behavioral health authority and who is incapable of giving informed consent to the treatment by reason of mental illness or intellectual disability under the following conditions:\n\n1\n\nNo legally authorized guardian or committee was available to give consent;2\n\nA reasonable effort is made to advise a parent or other next of kin of the need for the surgical, medical or dental treatment;3\n\nNo reasonable objection is raised by or on behalf of the alleged incapacitated person; and4\n\nTwo physicians, or in the case of dental treatment, two dentists or one dentist and one physician, state in writing that they have made a good faith effort to explain the necessary treatment to the individual, and they have probable cause to believe that the individual is incapacitated and unable to consent to the treatment by reason of mental illness or intellectual disability and that delay in treatment might adversely affect recovery.\n\t\t\tThe provisions of this section shall apply only to the treatment of physical injury or illness and not to any treatment for a mental, emotional or psychological condition.\n\t\t\tTreatment pursuant to this section of an individual’s mental, emotional or psychological condition when the individual is unable to make an informed decision and when no legally authorized guardian or committee is available to provide consent shall be governed by regulations adopted by the State Board of Behavioral Health and Developmental Services under § 37.2-400.","order_by":null,"text":{"0":{"id":297906,"text":"When a delay in treatment might adversely affect recovery, a licensed health professional or licensed hospital shall not be subject to liability arising out of a claim based on lack of informed consent or be prohibited from providing surgical, medical or dental treatment to an individual who is receiving service in a facility operated by the Department of Behavioral Health and Developmental Services or who is receiving case management services from a community services board or behavioral health authority and who is incapable of giving informed consent to the treatment by reason of mental illness or intellectual disability under the following conditions:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":297907,"text":"No legally authorized guardian or committee was available to give consent;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":297908,"text":"A reasonable effort is made to advise a parent or other next of kin of the need for the surgical, medical or dental treatment;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":297909,"text":"No reasonable objection is raised by or on behalf of the alleged incapacitated person; and","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":297910,"text":"Two physicians, or in the case of dental treatment, two dentists or one dentist and one physician, state in writing that they have made a good faith effort to explain the necessary treatment to the individual, and they have probable cause to believe that the individual is incapacitated and unable to consent to the treatment by reason of mental illness or intellectual disability and that delay in treatment might adversely affect recovery.\n\t\t\tThe provisions of this section shall apply only to the treatment of physical injury or illness and not to any treatment for a mental, emotional or psychological condition.\n\t\t\tTreatment pursuant to this section of an individual’s mental, emotional or psychological condition when the individual is unable to make an informed decision and when no legally authorized guardian or committee is available to provide consent shall be governed by regulations adopted by the State Board of Behavioral Health and Developmental Services under § 37.2-400.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3"}},"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":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},"next_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","url":"\/54.1-2970.1\/","token":"54.1\/III\/29\/6\/54.1-2970.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-2970\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 7 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 1979, chapter 212; in 1988, chapter 765; in 1989, chapter 591; in 1997, chapter 801<\/a>; in 2002, chapter 80<\/a>; in 2009, chapters 813<\/a> and 840<\/a>; in 2012, chapters 476<\/a> and 507<\/a>.<\/p>","references":false,"refers_to":[{"id":58222,"section_number":"37.2-400","catch_line":"Rights of individuals receiving services","order_by":null,"url":"\/37.2-400\/"}],"permalink":{"id":242517,"object_type":"law","relational_id":83134,"identifier":"54.1-2970","token":"54.1\/III\/29\/6\/54.1-2970","url":"\/54.1-2970\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-2970\/","token":"54.1\/III\/29\/6\/54.1-2970","dublin_core":{"Title":"Medical treatment for certain persons incapable of giving informed consent","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2970","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

When a delay in treatment might adversely affect recovery, a licensed health professional or licensed hospital shall not be subject to liability arising out of a claim based on lack of informed consent or be prohibited from providing surgical, medical or dental treatment to an individual who is receiving service in a facility operated by the Department of Behavioral Health and Developmental Services or who is receiving case management services from a community services<\/span> board<\/span> or behavioral health authority and who is incapable of giving informed consent to the treatment by reason of mental illness or intellectual disability under the following conditions:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> No legally authorized guardian or committee was available to give consent; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A reasonable effort is made to advise a parent or other next of kin of the need for the surgical, medical or dental treatment; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> No reasonable objection is raised by or on behalf of the alleged incapacitated person; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Two physicians, or in the case of dental treatment, two dentists or one dentist and one physician, state in writing that they have made a good faith effort to explain the necessary treatment to the individual, and they have probable cause<\/span> to believe that the individual is incapacitated and unable to consent to the treatment by reason of mental illness or intellectual disability and that delay in treatment might adversely affect recovery.\n\t\t\tThe provisions of this section shall apply only to the treatment of physical injury or illness and not to any treatment for a mental, emotional or psychological condition.\n\t\t\tTreatment pursuant to this section of an individual’s mental, emotional or psychological condition when the individual is unable to make an informed decision and when no legally authorized guardian or committee is available to provide consent shall be governed by regulations adopted by the State Board<\/span> of Behavioral Health and Developmental Services under § 37.2-400<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMEDICAL TREATMENT FOR CERTAIN PERSONS INCAPABLE OF GIVING INFORMED CONSENT (\u00a7\n54.1-2970)\n\nWhen a delay in treatment might adversely affect recovery, a licensed health\nprofessional or licensed hospital shall not be subject to liability arising out\nof a claim based on lack of informed consent or be prohibited from providing\nsurgical, medical or dental treatment to an individual who is receiving service\nin a facility operated by the Department of Behavioral Health and Developmental\nServices or who is receiving case management services from a community services\nboard or behavioral health authority and who is incapable of giving informed\nconsent to the treatment by reason of mental illness or intellectual disability\nunder the following conditions:\n\n1. No legally authorized guardian or committee was available to give consent;\n\n2. A reasonable effort is made to advise a parent or other next of kin of the\nneed for the surgical, medical or dental treatment;\n\n3. No reasonable objection is raised by or on behalf of the alleged\nincapacitated person; and\n\n4. Two physicians, or in the case of dental treatment, two dentists or one\ndentist and one physician, state in writing that they have made a good faith\neffort to explain the necessary treatment to the individual, and they have\nprobable cause to believe that the individual is incapacitated and unable to\nconsent to the treatment by reason of mental illness or intellectual disability\nand that delay in treatment might adversely affect recovery.\n\t\t\tThe provisions of this section shall apply only to the treatment of physical\ninjury or illness and not to any treatment for a mental, emotional or\npsychological condition.\n\t\t\tTreatment pursuant to this section of an individual’s mental, emotional\nor psychological condition when the individual is unable to make an informed\ndecision and when no legally authorized guardian or committee is available to\nprovide consent shall be governed by regulations adopted by the State Board of\nBehavioral Health and Developmental Services under § 37.2-400.\n\nHISTORY: Code 1950, \u00a7 32-137.01; 1979, c. 212, \u00a7 54-325.2:1; 1988, c. 765;\n1989, c. 591; 1997, c. 801; 2002, c. 80; 2009, cc. 813, 840; 2012, cc. 476, 507.","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}}